MARADMINS : 416/14
UNCLASSIFIED/
R 221836Z AUG 14
MARADMIN 416/14
MSGID/GENADMIN,USMTF,2007/CMC WASHINGTON DC MRA MF(UC)/F002//
SUBJ/INCLUSION AND COMMAND REVIEW OF SEX-RELATED OFFENSES IN OMPFS//
REF/A/MSGID:DOC/FY14NDAA/YMD:20131210//
REF/B/MSGID:MCO/P1070.12K/YMD:20000714//
REF/C/MSGID:DOC/USD PR MEMO/YMD:20140520//
REF/D/MSGID:DOC/UCMJ/YMD:20110107//
NARR/REF A IS THE FISCAL YEAR 2014 NATIONAL DEFENSE AUTHORIZATION ACT. REF B IS MARINE CORPS ORDER P1070.12K WITH CHANGE 1, MARINE CORPS INDIVIDUAL RECORDS ADMINISTRATION MANUAL. REF C IS AN UNDER SECRETARY OF DEFENSE PERSONNEL & READINESS MEMORANDUM. REF D IS TITLE 10 U.S.C. CHAPTER 47 THE UNIFORM CODE OF MILITARY JUSTICE.//
POC/R. BARNES/LTCOL/UNIT:MFB/-/TEL:703-432-9706//
POC/B. KNOP/CIV/UNIT:MIF/-/TEL:703-432-9735//
GENTEXT/REMARKS/1.IN DECEMBER 2013, THE PRESIDENT SIGNED REF A, WHICH INCLUDED MORE THAN 30 CHANGES TO THE MILITARY JUSTICE PROCESS. PER REF A, SERVICES ARE REQUIRED TO MAKE AN APPROPRIATE ENTRY IN THE SERVICE RECORD OF ANY SERVICE MEMBER WHO HAS BEEN CONVICTED AT COURT-MARTIAL, BEEN AWARDED NON-JUDICIAL PUNISHMENT (NJP), OR RECEIVED PUNITIVE ADMINISTRATIVE ACTION FOR A SEX-RELATED OFFENSE. REF A ALSO REQUIRES THAT RECORDS BE REVIEWED BY THE RECEIVING COMMANDING OFFICER (CO) WHEN A MEMBER IS ASSIGNED OR TRANSFERRED AND THAT SERVICE POLICY NOT LIMIT OR PROHIBIT A MILITARY MEMBER FROM CHALLENGING OR APPEALING ANY ADVERSE NOTATION.
2.PER REF B, MARINES CONVICTED AT COURT-MARTIAL OR IN RECEIPT OF NJP OR PUNITIVE ADMINISTRATIVE ACTION FOR ANY OFFENSE WILL RECEIVE A NOTATION TO THAT EFFECT IN THEIR OFFICIAL MILITARY PERSONNEL FILE (OMPF).AN INDIVIDUALS OMPF WILL REFLECT THE OFFENSE FOR THE DURATION OF HIS OR HER CAREER AND IS VISIBLE TO ANY COMMAND TO WHICH THE MEMBER IS ASSIGNED.REF B ALSO PROVIDES GUIDANCE FOR CORRECTIONS TO AN OMPF OR REMOVAL OF APPROPRIATE DOCUMENT(S) IN THE EVENT OF A SUCCESSFUL CHALLENGE OR APPEAL OF A NOTATION.
3.THIS MARADMIN IMPLEMENTS THE REQUIREMENT OF REF C THAT SPECIFICALLY TASKS ALL SERVICES TO ISSUE GUIDANCE FOR COMMAND REVIEW OF INFORMATION ON SEX-RELATED OFFENSES IN A MARINES OMPF NO LATER THAN 22 AUG 14.
4.EFFECTIVE IMMEDIATELY, COMMANDING OFFICERS/OFFICERS IN CHARGE (OICS) SHALL REVIEW THE UNIT PUNISHMENT BOOK (UPB) AND PAGE 13 (COURTS-MARTIAL) OF THE OMPF OF EACH SERVICE MEMBER PERMANENTLY ASSIGNED OR TRANSFERRED TO THEIR COMMAND/UNIT.
5.COS/OICS SHALL COMPLETE A REVIEW OF ALL ASSIGNED MARINES BY 1 DEC 14 AND SHALL ENSURE ALL FUTURE NEW-JOIN PERSONNEL RECORDS ARE REVIEWED UPON CHECKIN.
6.TO REDUCE THE ADMINISTRATIVE BURDEN, COS/OICS CAN VIEW THE LEGAL HISTORY OF ALL MEMBERS WHO FALL WITHIN THEIR REPORTING UNIT CODE (RUC) IN MARINE ONLINE (MOL), WHICH CAN BE ACCESSED AT TFAS PACKAGE - MOL USER REPORTS - HQMC - LEGAL - LEGAL HISTORY.THIS LEGAL HISTORY REPORT IDENTIFIES OMPFS THAT CONTAIN A MARINE CORPS TOTAL FORCE SYSTEM 119 (LEGAL ACTION) REMARK WITH RESPECT TO PRIOR NJP OR COURT-MARTIAL OFFENSES.IT IS THE COS/OICS RESPONSIBILITY TO HAVE THESE IDENTIFIED RECORDS REVIEWED FOR SEX-RELATED OFFENSES AS DESCRIBED BY PARAGRAPH 2 ABOVE. THE OMPF CAN BE VIEWED IN MOL VIA THE FIELD FOLDER TAB WITHIN THE OMPF ON-LINE PORTION WHEN SEARCHING FOR NJP/COURTS-MARTIAL.THESE OFFENSES CAN BE FOUND IN THE UPB (NJP) AND PAGE 13 (COURTS-MARTIAL) OF THE OMPF.ANY RECORDS FOUND CONTAINING SUCH INFORMATION SHALL BE PERSONALLY REVIEWED BY THE CO/OIC.
7.THIS REVIEW IS REQUIRED TO FAMILIARIZE EACH CO WITH THE SEX-RELATED OFFENSE HISTORY OF MARINES IN THEIR RUC TO HELP REDUCE THE LIKELIHOOD OF REPEAT OFFENDERS ESCAPING COMMAND ATTENTION.
8.SEX-RELATED OFFENSES UNDER THIS MARADMIN INCLUDE VIOLATIONS OF ARTICLES 120, 120A, 120B, 120C, AND 125 OF REF D, AND ATTEMPTS TO COMMIT THESE ACTS IN VIOLATION OF ARTICLE 80 OF REF D.
9.PER REF C, FUTURE POLICY GOVERNING NOTATIONS AND COMMAND REVIEW CONSISTENT WITH THE GUIDANCE SET FORTH IN THIS MARADMIN WILL BE PROMULGATED UNIFORMLY IN THE CHANGE 2 TO DEPARTMENT OF DEFENSE INSTRUCTION 6495.02, SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM PROCEDURES, AND SUBSEQUENTLY ADOPTED IN APPLICABLE MARINE CORPS ORDERS.
10.THIS MARADMIN IS APPLICABLE TO THE MARINE CORPS TOTAL FORCE.
11.RELEASE AUTHORIZED BY LTGEN R. E. MILSTEAD, JR., DEPUTY COMMANDANT FOR MANPOWER AND RESERVE AFFAIRS.//