ALCOAST 502/23 - DEC 2023 HISTORIC CHANGES TO WHO CAN HANDLE CERTAIN MILITARY JUSTICE OFFENSES AND THE ROLE OF THE OFFICE OF THE CHIEF PROSECUTOR

R 191629Z DEC 23   MID600117013838U
FM COMDT COGARD WASHINGTON DC
TO ALCOAST
BT
UNCLAS
ALCOAST 502/23
SSIC 5800
SUBJ: HISTORIC CHANGES TO WHO CAN HANDLE CERTAIN MILITARY JUSTICE
OFFENSES AND THE ROLE OF THE OFFICE OF THE CHIEF PROSECUTOR
A. 10 U.S.C. 824a
B. 10 U.S.C. 1044f
C. Military Justice Manual, COMDTINST M5810.1H
1. In accordance with REFs (A) and (B), this ALCOAST announces
significant reforms to the Uniform Code of Military Justice (UCMJ),
and the establishment of the Office of the Chief Prosecutor (OCP)
to carry out those reforms.
2. On 28 December 2023, consistent with REF (B), the Coast
Guard is changing how it prosecutes sexual assault and other
victim-centric crimes under the UCMJ. Specifically, REF (A)
mandated the creation of Special Trial Counsel (STC), who are
independent, professional, and specially trained judge advocates
certified by the Judge Advocate General with exclusive referral and
disposition authority over 13 "covered offenses." Those 13 offenses
include: wrongful broadcast or distribution of intimate visual
images; murder; manslaughter; death or injury of an unborn child;
rape and sexual assault generally; rape and sexual assault of a
child; miscellaneous sexual offenses; kidnapping; domestic violence;
stalking; retaliation; child pornography; and solicitation,
conspiracy, or attempt to commit a covered offenses. An STC will be
the lead prosecutor for each general or special court-martial
involving a covered offense.
3. Convening Authorities as described in Chapter 5 of REF (C)
will retain disposition authority over all non-covered criminal
offenses not disposed of by the STCs, to include carrying out their
current responsibilities to convene courts-martial. Staff Judge
Advocates will continue to advise Convening Authorities on military
justice matters.
4. In addition to the creation of STCs and consistent with
REF (B), earlier this year the Coast Guard established the
OCP. This new independent office is headquartered in Charleston,
South Carolina and is responsible for handling disposition of all
courts-martial involving covered offenses and any conduct by other
member(s) related to the covered offense. The OCP will also provide
prosecutors to support Staff Judge Advocates and Convening
Authorities for all non-covered offenses.
5. In order to ensure seamless change on 28 December 2023, the
OCP briefed every Officer Exercising General Court-Martial
Jurisdiction and their Staff Judge Advocates on these UCMJ reforms
and the Judge Advocate General certified seven (07) STCs.
6. Through effective coordination and transparent communication
with Convening Authorities, criminal investigators, Staff Judge
Advocates, and other military Justice stakeholders, OCP will
enhance the prosecution of military justice cases and better inform
and facilitate the Commanders' inherent authorities to maintain good
order and discipline throughout the Coast Guard.
7. Published revisions to REF (C) are expected in early 2024.
8. POC: CDR Benedict S. Gullo, COMDT (CG-OCP-D),
benedict.s.gullo@uscg.mil or (843) 952-0140.
9. RDML Richard E. Batson, Judge Advocate General (CG-094), sends.
10. Internet release is authorized.