R 281130Z DEC 23
MARADMIN 655/23
MSGID/GENADMIN/CMC WASHINGTON DC JA//
SUBJ/OFFICE OF SPECIAL TRIAL COUNSEL FULL OPERATIONAL CAPABILITY AND NOTIFICATION REQUIREMENTS FOR COVERED OFFENSES//
REF/A/DOC/EXECUTIVE ORDER 14103//
AMPN/EXECUTIVE ORDER PROMULGATING AMENDMENTS TO THE MANUAL FOR COURTS-MARTIAL.//
POC/G. S. SHOWS/LTCOL/OSTC/TEL: 703-614-6108/EMAIL: GEOFFREY.SHOWS@USMC.MIL//
GENTEXT/REMARKS/1.  This MARADMIN announces the full operational capability of the Marine Corps Office of Special Trial Counsel (OSTC) and provides information for commanders to promptly forward reports of covered offenses to the OSTC as required by reference (a).
2.  Effective 28 December 2023, pursuant to Rule for Courts-Martial 301 as amended by Annex 2 of reference (a), commanders shall ensure all allegations of covered offenses are promptly reported to the OSTC.  The OSTC has the exclusive authority to determine whether a reported offense is a covered offense.  The OSTC shall exercise authority over covered offenses committed on or after 28 December 2023.  The OSTC may also exercise authority over:  (1) any offense the OSTC determines to be related to a covered offense (related offense); (2) any other offense alleged to have been committed by the same person accused of committing a covered offense (known offense); and (3) any covered offense committed before 28 December 2023 except those noted by an asterisk below.  Effective 28 December 2023, the OSTC will serve as the exclusive referral authority for all offenses over which it exercises authority and has not deferred.  Commanders are not authorized to dispose of any offense over which the OSTC has exercised authority unless a special trial counsel (STC) defers the offense to the commander.  Upon deferral, a commander may take any action except referring charges to a special or general court-martial for covered offenses committed on or after 28 December 2023.  The following offenses under the UCMJ are covered offenses:
2.a.  Article 117a, Wrongful Broadcast or Distribution of Intimate Visual Images
2.b.  Article 118, Murder
2.c.  Article 119, Manslaughter
2.d.  Article 119a, Death or Injury of an Unborn Child*
2.e.  Article 120, Rape and Sexual Assault
2.f.  Article 120a, Mail, Deposit of Obscene Matter*
2.g.  Article 120b, Rape and Sexual Assault of a Child
2.h.  Article 120c, Other Sexual Misconduct
2.i.  Article 125, Kidnapping
2.j.  Article 128b, Domestic Violence
2.k.  Article 130, Stalking
2.l.  Article 132, Retaliation
2.m.  Article 134, Child Pornography
2.n.  A conspiracy, solicitation, or attempt to commit a covered offense is also a covered offense.
3.  Commanders shall ensure that any allegation of misconduct that may reasonably allege a covered offense is promptly reported to the OSTC.  This reporting will be accomplished in the following manner.
3.a.  For covered offenses alleged to have been committed by an active-duty service member or activated reserve service member stationed in the states of Alaska, Washington, Oregon, California, Arizona, Nevada, Idaho, Indiana, Montana, Wyoming, Utah, Colorado, New Mexico, North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, Texas, Arkansas, Missouri, Iowa, Minnesota, Wisconsin, and Illinois, commanders shall report the allegations to the OSTC-West at ostcw@usmc.mil.
3.b.  For covered offenses alleged to have been committed by an active-duty service member or activated reserve service member stationed in the states of Louisiana, Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina, Tennessee, Kentucky, Michigan, and Ohio, commanders shall report the allegations to the OSTC-East at ostceast@usmc.mil.
3.c.  For covered offenses alleged to have been committed by an active-duty service member or an activated reserve service member stationed in Washington D.C., and the states of Virginia, West Virginia, Pennsylvania, Maryland, Delaware, New Jersey, New York, Rhode Island, Connecticut, Massachusetts, New Hampshire, Vermont, and Maine, commanders shall report the allegations to the OSTC-National Capital Region (NCR) at ostcncr@usmc.mil.
3.d.  For covered offenses alleged to have been committed by an active-duty service member or an activated reserve service member stationed in the U.S. Indo-Pacific Command (USINDOPACOM) AOR, commanders shall report the allegations to the OSTC-Pacific (PAC) at trialservices_oki@usmc.mil.
3.e.  For covered offenses alleged to have been committed by a non-activated reserve service member, or an active-duty service member or an activated reserve service member stationed in a location not addressed in paragraphs 3.a through 3.d above, commanders shall report the allegations to OSTC-Headquarters (HQ) at OSTC_HQ@usmc.mil.
4.  Commanders shall continue to comply with existing reporting requirements, to include OPREP-3 Serious Incident Reports and law enforcement notifications when required.
5.  Questions about the OSTC should be directed to the POC.  Other questions about the implementation of the military justice reforms required by the FY22, FY23, and FY24 National Defense Authorization Acts should be directed to the servicing Staff Judge Advocate.
6.  This MARADMIN will remain in effect until superseded.
7.  Released authorized by Major General David J. Bligh, Staff Judge Advocate to the Commandant of the Marine Corps.//