R 301544Z DEC 24
MARADMIN 633/24
MSGID/GENADMIN/CMC WASHINGTON DC JA//
SUBJ/UPDATE TO NOTIFICATION REQUIREMENTS FOR COVERED OFFENSES//
REF/A/DOC: EXECUTIVE ORDER 14103//
REF/B/DOC: MARADMIN 655/23//
REF/C/DOC: 136 Stat. 2579-81//
NARR/REF A IS THE EXECUTIVE ORDER PROMULGATING AMENDMENTS TO THE
MANUAL FOR COURTS-MARTIAL. REF B IS THE ANNOUNCEMENT OF FULL
OPERATIONAL CAPABILITY OF THE OFFICE OF SPECIAL TRIAL COUNSEL AND
INITIAL NOTIFICATION REQUIREMENTS. REF C IS THE AMENDMENT TO THE
UCMJ MAKING ANY FORMAL SUBSTANTIATED COMPLAINT OF SEXUAL HARASSMENT A
COVERED OFFENSE.//POC/G. S. SHOWS/LTCOL/OSTC/TEL: 703-614-6108/EMAIL:
GEOFFREY.SHOWS@USMC.MIL//
GENTEXT/REMARKS//1. This MARADMIN announces an update to
the notification requirements for covered offense. Reference (b) is
canceled effective 1 January 2025.
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 in paragraphs 2.a-2.m are
promptly reported to the OSTC. Effective 1 January 2025, pursuant to
the amendments effectuated by reference (c), commanders shall ensure
all allegations of covered offenses under paragraph 2.n are promptly
reported to the OSTC. The OSTC has the exclusive authority to
determine if a reported offense is a covered offense. The OSTC shall
exercise authority over covered offenses committed on or after the
effective date. 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 the
effective date. As of the
effective date, the OSTC will serve as the exclusive referral
authority for all offenses over which it exercises authority.
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 special or general court-
martial. 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. Article 134, Sexual Harassment, when a formal complaint thereof
is substantiated in accordance with service policy.
2.o. 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, unless the misconduct alleged is a formal complaint of Article
134, Sexual Harassment. A formal complaint of Article 134, Sexual
Harassment, will be promptly reported to the OSTC after the complaint
has been substantiated in accordance with service policy. If the
formal complaint of Article 134, Sexual Harassment, is not
substantiated, there is no requirement to report the allegation to
the OSTC. The reporting of alleged covered offense misconduct to the
OSTC 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 Hawaii, commanders shall report the allegations to the
OSTC-Pacific (PAC) at ostcmcbh@usmc.mil. For covered offenses
alleged to have been committed by an active-duty service member or an
activated reserve service member stationed in Okinawa, Korea,
Mainland Japan, or elsewhere in the U.S. Indo-Pacific Command
(USINDOPACOM) AOR, commanders shall report the allegations to the PAC
at ostcokinawa@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. Release authorized by Major General David J. Bligh, Staff Judge
Advocate to the Commandant of the Marine Corps.//