R 172106Z JAN 14
UNCLASSIFIED/
MARADMIN 031/14
MSGID/GENADMIN/CMC WASHINGTON DC MRA//
SUBJ/ADMINISTRATIVE REASSIGNMENT OR TRANSFER OF MARINES ACCUSED OF SEXUAL ASSAULT OR RELATED OFFENSE//
REF/A/MSGID:DOC/-/YMD:SECDEF/14AUGUST2013//
REF/B/MSGID:DOC/-/YMD:DCMRA/01MARCH2013//
REF/C/MSGID:DOC/-/YMD:DCMRA/10OCTOBER1994//
REF/D/NDAA14//
NARR/REF A IS SECDEF MEMO FOR SECRETARIES OF THE MILITARY DEPARTMENTS, SEXUAL ASSAULT PREVENTION AND RESPONSE (SAPR).  REF B IS MCO 1752.5B, SAPR PROGRAM.  REF C IS MCO P1300.8R, MARINE CORPS PERSONNEL ASSIGNMENT POLICY.  REF D IS TITLE 10 UNITED STATES CODE SECTION 674(A), AS ENACTED IN THE FY2014 NATIONAL DEFENSE AUTHORIZATION ACT.//
POC/-/UNIT:MFB/-/TEL:(703)432-9765//
POC/-/UNIT:MPO/-/TEL:(703)784-9386//
POC/-/UNIT: MMIB/-/TEL:(703)784-9229//
POC/-/UNIT:RAM/-/TEL(703)784-9105//
GENTEXT/REMARKS/1.  IN ORDER TO ENHANCE PROTECTION OF VICTIMS OF SEXUAL ASSAULT, THE SECRETARY OF DEFENSE DIRECTED, VIA REF A, IMPLEMENTATION OF POLICY ALLOWING FOR THE REASSIGNMENT OR TRANSFER OF SERVICE MEMBERS ACCUSED OF COMMITTING A SEXUAL ASSAULT OR RELATED OFFENSE, BALANCING INTERESTS OF THE VICTIM AND ACCUSED.   THIS MARADMIN PROVIDES GUIDANCE TO COMMANDERS ON THE CONSIDERATION OF, AND PROCESSES FOR, TRANSFER OF MARINES ACCUSED OF COMMITTING A SEXUAL ASSAULT OR RELATED OFFENSE.
2.  REF B IDENTIFIES THE FACTORS A COMMANDER MUST CONSIDER UPON RECEIPT OF AN EXPEDITED TRANSFER REQUEST.    REF C AUTHORIZES THE TRANSFER OF A MARINE AT ANY TIME ON A CASE-BY-CASE BASIS WHEN JUSTIFIED AND NECESSARY FOR THE GOOD OF THE SERVICE.  REF D EXPANDS REF B AND DEFINES SEXUAL ASSAULT AND RELATED OFFENSES AS VIOLATION OF THE FOLLOWING ARTICLES OF THE UNITED STATES CODE OF MILITARY JUSTICE: ARTICLES 120, 120A, 120B, 120C, OR 125.
3.  UPON RECEIPT OF A WRITTEN EXPEDITED TRANSFER REQUEST FROM A VICTIM OF SEXUAL ASSAULT, PER REF B, AND:
    A. WHEN THE VICTIM AND ACCUSED ARE WITHIN THE SAME COMMAND, THE SEXUAL ASSAULT INITIAL DISPOSITION AUTHORITY (SA-IDA) MAY AUTHORIZE REASSIGNMENT OR TRANSFER OF AN ACCUSED ONLY AFTER CONSULTATION WITH THE COMMAND STAFF JUDGE ADVOCATE (SJA) AND CONSIDERATION OF THE FACTORS LISTED IN PARAGRAPHS 6, 7, AND 8.
    B.  WHEN THE VICTIM AND ACCUSED ARE FROM A DIFFERENT COMMAND, ONLY THE SA-IDA OF THE ACCUSED MAY AUTHORIZE TRANSFER OF THE ACCUSED. THE COMMANDING OFFICER OF THE VICTIM WILL CONSULT WITH THE SA-IDA OF THE ACCUSED CONCERNING THE POTENTIAL TO TRANSFER THE ACCUSED INSTEAD OF THE VICTIM.  AFTER CONSULTATION WITH THE COMMAND SJA AND CONSIDERATION OF THE FACTORS LISTED IN PARAGRAPHS 6, 7, AND 8, IF THE SA-IDA OF THE ACCUSED DECIDES NOT TO TRANSFER THE ACCUSED, THAT DECISION WILL BE SENT IN WRITING TO THE COMMANDING OFFICER OF THE VICTIM FOR CONSIDERATION IN THE DECISION OF WHETHER TO APPROVE THE VICTIM'S EXPEDITED TRANSFER REQUEST.
4.  IN CASES WHERE AN EXPEDITED TRANSFER REQUEST HAS NOT BEEN SUBMITTED BY THE VICTIM, THE SA-IDA OF THE ACCUSED MAY STILL CONSIDER, PER REFS C AND D, REASSIGNMENT OR TRANSFER OF THE ACCUSED WHEN JUSTIFIED AND NECESSARY IN THE INTEREST OF THE SERVICE. IN SUCH CASES, CONSULTATION WITH THE COMMAND SJA AND CONSIDERATION OF THE FACTORS LISTED IN PARAGRAPHS 5 AND 6 IS REQUIRED PRIOR TO APPROVAL.
5.  REASSIGNMENT OR TRANSFER OF MEMBERS ACCUSED OF COMMITTING A SEXUAL ASSAULT SHOULD NORMALLY BE EFFECTED VIA INTRA-UNIT OR UNIT TRANSFERS (I.E., TRANSFERS WITHIN THE SAME MCC) OR PERMANENT CHANGE OF ASSIGNMENT (PCA).  PERMANENT CHANGE OF STATION (PCS) ORDERS SHOULD BE USED TO FACILITATE TRANSFERS ONLY IN EXTREME CIRCUMSTANCES, WHEN NO OTHER OPTIONS ARE AVAILABLE.  THE SA-IDA OF THE ACCUSED MAY AUTHORIZE AND EFFECT INTRA-UNIT AND UNIT TRANSFERS.  ONLY CMC (MM/RA) MAY EFFECT PCA OR PCS ORDERS.  AN ENDORSEMENT FROM THE FIRST GENERAL OFFICER IN THE CHAIN OF COMMAND OF THE ACCUSED IS REQUIRED IF THE COMMANDING OFFICER DETERMINES PCA OR PCS ORDERS FOR THE ACCUSED ARE APPROPRIATE.  ENDORSED REQUESTS WILL BE FORWARDED TO CMC (MM/RA).  CMC (MM/RA) WILL EFFECT THE TRANSFER.
6.  IN DETERMINING WHETHER TO REASSIGN OR TRANSFER A MEMBER ACCUSED OF SEXUAL ASSAULT OR RELATED OFFENSE, THE INTERESTS OF THE VICTIM AND ACCUSED SHOULD BE BALANCED.  IN DETERMINING WHETHER REASSIGNMENT OR TRANSFER OF A MEMBER ACCUSED OF SEXUAL ASSAULT IS APPROPRIATE, THE SA-IDA SHALL CONSIDER THE FOLLOWING FACTORS:
    A.  THE NATURE AND CIRCUMSTANCES OF THE ALLEGED OFFENSE.
    B.  THE ADEQUACY OF UNIT OR INTRA-UNIT TRANSFER TO PROTECT THE INTERESTS OF THE VICTIM.
    C.  THE AVAILABILITY OF OTHER MEASURES (E.G., MILITARY PROTECTIVE ORDER) TO PROTECT THE INTERESTS OF THE VICTIM.
    D.  THE LOCATION AND STATUS OF THE VICTIM (E.G., CIVILIAN EMPLOYEE, DEPENDENT RESIDING ON-BASE). IF THE VICTIM HAS SUBMITTED A WRITTEN EXPEDITED TRANSFER REQUEST, WHETHER SUCH REQUEST CAN BE APPROVED.
    E.  THE LOCATION AND STATUS (E.G., TRAINING, PRE-TRIAL CONFINEMENT) OF THE ACCUSED.
    F.  THE AVAILABILITY OF BILLETS COMMENSURATE WITH THE ACCUSED'S GRADE AND EXPERIENCE WITHIN OTHER UNITS ON THE INSTALLATION OR POTENTIAL PCA/PCS LOCATIONS.
    G. FOR SELECTED MARINE CORPS RESERVE (SMCR) MEMBERS, THE SA-IDA MAY ELECT TO DIRECT THAT THE ACCUSED AND THE VICTIM PERFORM INACTIVE DUTY TRAINING ON ALTERNATE WEEKENDS OR AT DIFFERENT TIMES, OR AT A DIFFERENT UNIT IN THE HOME DRILLING LOCATION OR GEOGRAPHIC REGION AS PER REF (B).
    H.  CAREER AND SIGNIFICANT PERSONAL OR FAMILIAL IMPACTS OF REASSIGNMENT OR TRANSFER ON THE ACCUSED.
    I.  WHETHER THE ACCUSED HAS FORMED AN ATTORNEY-CLIENT RELATIONSHIP WITH A DEFENSE COUNSEL, AND THE ANTICIPATED COSTS ASSOCIATED WITH TRAVEL DUE TO REPRESENTATION OF THE ACCUSED BY SUCH ATTORNEY AT ANY POSSIBLE PROCEEDINGS.
    J.  OTHER PERTINENT CIRCUMSTANCES OR FACTS.
7.  THE ACCUSED MAY NOT BE TRANSFERRED PURSUANT TO THIS POLICY IF SUCH TRANSFER WOULD INTERFERE WITH THE ACCUSED'S DUE PROCESS RIGHTS (E.G., RIGHT TO COUNSEL AND TO PARTICIPATE IN HIS OR HER OWN DEFENSE).
8.  THE SA-IDA MAY ALSO CONSIDER  VICTIM INPUT, IF ANY,  AS TO THE ACCUSED TRANSFER.
9.  THIS POLICY IS EFFECTIVE THE DATE TIME GROUP OF THIS MESSAGE AND WILL BE INCORPORATED IN THE NEXT REVISION OF REFERENCE (B).
    A. CMC (MF) , IS DIRECTED TO (1) UPDATE REFERENCE (B) IN ACCORDANCE WITH THIS MARADMIN AND (2) UPDATE THE 8 DAY REPORT TEMPLATE TO INCLUDE INFORMATION , WHEN WARRANTED, ABOUT THE POTENTIAL FOR TRANSFER OF THE ACCUSED.
    B. CMC (MP) IS DIRECTED TO INCLUDE REFERENCE TO THIS POLICY IN THE FORTHCOMING REVISION OF REFERENCE (C).
    C.  CMC (MM/RA) IS DIRECTED TO DEVELOP PROCEDURES TO EXPEDITE TRANSFER OF AN ACCUSED WHEN A COMMANDING OFFICER  DETERMINES PCA OR PCS OF THE ACCUSED IS JUSTIFIED AND NECESSARY.
    D.  COMMANDING OFFICERS ARE DIRECTED TO REVIEW AND COMPLY WITH THIS POLICY IMMEDIATELY.
10.  THIS POLICY IS APPLICABLE TO THE ACTIVE AND RESERVE COMPONENTS.
11.  RELEASE AUTHORIZED BY LTGEN R.E. MILSTEAD, JR., DEPUTY COMMANDANT FOR MANPOWER AND RESERVE AFFAIRS.//