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MSGID/NAVADMIN/SECNAV WASHINGTON DC/-/XXJAN24//
SUBJ/OFFICE OF SPECIAL TRIAL COUNSEL FULL OPERATIONAL CAPABILITY, REPORTING
REQUIREMENTS, AND EFFECTIVE DATE OF MILITARY JUSTICE REFORMS//
REF/A/EXECUTIVE ORDER/PRESIDENT/14103/28JUL23//
REF/B/DOC/JAGMAN/30NOV23//
REF/C/DOC/SECNAVINST 1752.4C/10AUG2018//
REF/D/DOC/SECNAVINST 1752.3B/10NOV2005//
REF/E/DOC/SECNAVINST 5430.107A/19JUN2019//
REF/F/DOC/OPNAVINST 3100.6K/10AUG2021//
NARR/REF A IS THE 2024 MANUAL FOR COURTS-MARTIAL, WHICH TOOK EFFECT ON 28
DECEMBER 2023.
REF B IS JAGINST 5800.7G CH-2 MANUAL OF THE JUDGE ADVOCATE GENERAL.
REF C IS THE SECRETARY OF THE NAVY'S INSTRUCTION ON SEXUAL ASSAULT PREVENTION
AND RESPONSE PROGRAM PROCEDURES.
REF D IS THE SECRETARY OF THE NAVY'S FAMILY ADVOCACY PROGRAM INSTRUCTION.
REF E IS THE MISSION AND FUNCTIONS OF THE NAVAL CRIMINAL INVESTIGATIVE
SERVICE.
REF F IS THE OPNAV SPECIAL INCIDENT REPORTING PROCEDURES.
RMKS/1. This NAVADMIN announces the full operational capability of the Navy
Office of Special Trial Counsel (OSTC), effecting one of the most significant
military justice reforms legislated by the Fiscal Year 2022, 2023, and 2024
National Defense Authorization Acts (NDAA).
This NAVADMIN imposes new reporting requirements on commands.
2. Per Rule for Courts-Martial 303 of reference (a) and Paragraph 0128 of
reference (b), all new reports of covered offenses shall be forwarded
promptly to the OSTC for consideration by a Special Trial Counsel (STC). OSTC
has exclusive authority over covered offenses listed below.
OSTC also has exclusive authority to determine whether a reported offense is
covered, known, or related to a covered offense.
OSTC will serve as the exclusive referral authority for covered, known, or
related offenses committed on or after 28 December 2023.
Commanders may not take disciplinary action on covered, known, or related
offenses committed on or after 28 December 2023 until an STC defers the
offense to the commander. The following UCMJ offenses are covered:
a. Article 117a, Intimate Visual Images
b. Article 118, Murder*
c. Article 119, Manslaughter*
d. Article 119a, Death or Injury of an Unborn Child
e. Article 120, Rape and Sexual Assault*
f. Article 120a, Mail, Deposit of Obscene Matter
g. Article 120b, Rape and Sexual Assault of a Child*
h. Article 120c, Miscellaneous Sexual Offenses
i. Article 125, Kidnapping*
j. Article 128b, Domestic Violence
k. Article 130, Stalking
l. Article 132, Retaliation
m. Article 134, Child Pornography*
n. Conspiracy, solicitation, or attempt to commit a covered offense.
3. All Navy units and commands are required to report any allegation of
misconduct that may reasonably allege a covered offense to OSTC.
For offenses noted above with an asterisk (*), notification to OSTC will be
accomplished by the Naval Criminal Investigative Service (NCIS) following the
command's mandatory notification to NCIS or other appropriate Military
Criminal Investigative Organization (MCIO).
For offenses not noted with an asterisk, direct command notification to OSTC
is required, even if the offense was initially reported to the Family
Advocacy Program, NCIS, or another law enforcement entity.
4. Direct command notification to OSTC will be accomplished in the following
manner.
a. Access the OSTC website at (URL)
https://www.jag.navy.mil/about/organization/ostc/.
Click the Command Incident Reporting button to access further reporting
instructions.
b. Deployed units and those unable to access the Command Incident Reporting
feature may contact OSTC by phone at 202-685-5275 (DSN 325) for reporting
instructions.
5. For those offenses noted with an asterisk (*), a direct report by the
command to OSTC is not required. References (c), (d), and (e) require
commands to notify NCIS or the appropriate MCIO of these offenses. Upon
receipt of a command report of these offenses, NCIS or the appropriate MCIO
will provide notification to OSTC.
6. The Fiscal Year 2024 NDAA amended Article 24a of the UCMJ to enable OSTC
the exercise authority over certain covered offenses that occurred before 28
December 2023. The Lead STC has determined that OSTC will exercise authority
over certain covered offenses committed before 28 December 2023, as described
below:
a. Pre-28 December 2023 covered, known, and related offenses not yet
reported - OSTC will exercise authority if/when that offense is reported.
b. Pre-28 December 2023 covered, known, and related offenses reported and
currently being investigated - OSTC will exercise authority.
c. Pre-28 December 2023 covered, known, and related offenses reported,
investigated, and now pending prosecutorial review - OSTC will exercise
authority.
d. Pre-28 December 2023 covered, known, and related offenses reported,
investigated, reviewed by Region Legal Service Office or OSTC and a
disposition recommendation has already been provided to the convening
authority - Absent a specific request from the CA, OSTC will NOT exercise
authority and CA retains discretion.
7. Additional information is available on the OSTC website, referenced
above.
Remaining questions about OSTC and the implementation of the military justice
reforms required by the FY22 and FY23 NDAAs should be brought to your
servicing Staff Judge Advocate or supporting Office of Special Trial Counsel.
8. Commanders shall continue to comply with existing reporting requirements,
to include those in references (c) through (f).
9.This NAVADMIN will remain in effect until superseded.
10.Point of contact is CAPT Angela Tang, JAGC, USN (OSTC),
angela.j.tang.mil@us.navy.mil, 202-685-5190 (DSN 325).
11.Released by Mr. Andrew S. Haeuptle, Director, Navy Staff.//
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