ALCOAST 420/24 - NOV 2024 DISPOSITION OF DEFERRED OFFENSES

R 051831Z NOV 24   MID120001510461U
FM COMDT COGARD WASHINGTON DC
TO ALCOAST
BT
UNCLAS
ALCOAST 420/24
SSIC 5800
SUBJ: DISPOSITION OF DEFERRED OFFENSES
A. Military Justice Manual, COMDTINST M5810.1H
1. Special Trial Counsel in the Office of the Chief Prosecutor (OCP)
has exclusive authority to decide whether to criminally prosecute
victim-centric major crimes under the UCMJ, including sex crimes.
When OCP "defers" offenses (i.e., decides to not refer a charge to
court-martial), the responsibility for assessing the matter,
considering the full range of options, and taking appropriate
action, shifts to the subject's command.
2. For assaultive sex crimes deferred by OCP after this date, the
first General Court-Martial Convening Authority (GCMCA) in the
chain of command of the subject will exercise initial authority
to act in these cases. After reviewing a deferred case and
consulting with the staff judge advocate, the GCMCA will take
action, take no action, or forward the case to a subordinate
commander for disposition. Assaultive sex crimes are those in
UCMJ Articles 120 and 120b, and an attempt, solicitation, or
conspiracy to commit them.
3. OCP will promptly forward all decisions to defer a case to the
servicing legal office (SLO). The SLO will notify both the subject's
immediate command and the GCMCA.
4. Commands acting on deferred cases will promptly, fairly, and
effectively exercise their discretion in determining an appropriate
disposition from among the full range of available options based on
the evidence, ensure due process for accused, and consider the
interests of good order and discipline.
5. This policy does not prevent a GCMCA from withholding authority
over other offenses deferred by OCP.
6. Additional guidance will be promulgated in the next update of
REF (A). This ALCOAST does not create any substantive or procedural
rights enforceable by any party in any matter whether arising under
the UCMJ or any other forum, administrative, civil, or criminal,
nor are there any limitations placed on otherwise lawful litigation
or investigative prerogatives of the Coast Guard or any other
federal or state entity.
7. My point of contact on this policy is the Office of Military
Justice, CAPT Anita Scott (Anita.Scott@uscg.mil).
8. ADM Kevin Lunday, Vice Commandant (VCG), sends.
9. Internet release is authorized.