Officer Misconduct and Discipline - S-1 Procedural Page

Role and responsibility

The unit commander identifies officer misconduct and initiates the appropriate action per MCO 5800.16MCO 5800.16 Volume 15 (Officer Misconduct and Substandard Performance of Duty). The Secretary of the Navy approves officer resignation in lieu of court-martial per 10 U.S.C. 6383 and MCO 1900.16MCO 1900.16 Chapter 5. The unit legal advisor reviews for legal sufficiency per Volume 12. The S-1 officer signs by direction on the routing of the officer UPB to IPAC. The S-1 chief tracks open officer misconduct cases. The legal clerk processes the officer NJP UPB, the Show Cause Board package, and the resignation in lieu of court-martial package.

Source documents flow from the misconduct allegation, the JAGMAN investigation per JAGINST 5800.7GJAGINST 5800.7G, the NJP UPB if elected per MARADMIN 427/23, the Show Cause Board notification per Volume 15, the substandard performance documentation, and the resignation request per MCO 1900.16 Chapter 5. Outputs include the officer UPB with the opportunity-to-submit-matters acknowledgment and any response routed to IPAC per MARADMIN 427/23, the Show Cause Board record per Volume 15, the resignation in lieu of court-martial package routed to the Secretary of the Navy, the MCTFS disposition transaction, and the closed case file.

Per MARADMIN 427/23, when an officer receives NJP, the UPB entry, the acknowledgment of the opportunity to submit matters, and any response provide to the local personnel administration center for inclusion into the officer's OMPF. Per Volume 15, officer misconduct routes through specific procedures distinct from enlisted procedures, including Show Cause Boards for separation for cause.

Trigger events

• Officer misconduct allegation triggering Volume 15 procedures.
• Officer NJP imposition triggering MARADMIN 427/23 OMPF filing.
• Substandard performance documentation triggering Volume 15 Show Cause action.
• Officer faces court-martial and considers resignation in lieu of trial.
• Second Failure of Selection (FOS) triggering MCO 1900.16 Chapter 5 discharge.
• Convening authority directs administrative separation for cause under MCO 1900.16 Chapter 4.
• IGMC Legal Administration FA inspection covers officer NJP filing.

Processing workflow

1. Receive the officer misconduct allegation. The chain of command identifies the misconduct. The S-1 receives the package.
2. Coordinate legal sufficiency review. Per MCO 5800.16MCO 5800.16 Volume 12, the unit legal advisor reviews before action.
3. Process officer NJP if elected. Per Manual for Courts-Martial 2024 Part V and Volume 14 paragraph 011105, the officer NJP UPB completes per the rule. The accused officer elects acceptance or demands trial by court-martial.
4. Route officer UPB per MARADMIN 427/23. Per MARADMIN 427/23, the UPB entry, the opportunity-to-submit-matters acknowledgment, and any response route to IPAC for OMPF inclusion.
5. Process Show Cause Board referral. Per Volume 15, the Show Cause Board reviews officer separation for cause cases. The commander recommends. The Secretary of the Navy decides.
6. Coordinate resignation in lieu of court-martial. Per MCO 1900.16MCO 1900.16 Chapter 5 and 10 U.S.C. 6383, the officer facing court-martial offers resignation. The package routes to the Secretary of the Navy.
7. Stage substandard performance documentation. Per Volume 15, substandard performance cases run on the documented performance record (fitness reports, counseling, performance failures).
8. File the certified case packet. The legal clerk files per SECNAV M-5210.2 and SECNAV M 5210.1.
9. Update MCTFS. Cut the disposition transaction on NJP, Show Cause Board result, or resignation acceptance per MCTFSPRIUM.
10. Brief officer misconduct posture. The S-1 officer briefs the commander on open and closed cases.

Systems of record and forms

Systems

• MCTFS. Holds officer disposition status.
• OMPF (through IPAC). Receives the officer NJP UPB per MARADMIN 427/23.
• Unit Legal File. Holds the Volume 15 Show Cause Board record.
• Marine Corps Promotion Branch and HQMC M&RA. Receives the Show Cause Board recommendation and the resignation package.
• Secretary of the Navy office. Acts on resignation in lieu of court-martial per 10 U.S.C. 6383.

Forms

• NAVMC 10132 Unit Punishment Book. Used for officer NJP per Volume 14 paragraph 011105.
• Opportunity to Submit Matters Acknowledgment. Per MARADMIN 427/23.
• Show Cause Board Notification. Per Volume 15.
• Show Cause Board Record. Per Volume 15.
• Resignation in Lieu of Court-Martial Request. Per MCO 1900.16 Chapter 5.
• Officer Discharge Certificate. Per Secretary of the Navy action.

Common pitfalls

• Officer NJP UPB not routed to IPAC per MARADMIN 427/23. The OMPF lands without the entry. Route per MARADMIN 427/23.
• Opportunity to submit matters acknowledgment omitted. Per MARADMIN 427/23, the acknowledgment and any response form part of the OMPF package.
• Show Cause Board referral without legal sufficiency review. Per Volume 12, the legal advisor reviews before the commander recommends.
• Resignation in lieu of court-martial routed without proper signature chain. Per MCO 1900.16 Chapter 5, the package routes through the chain to HQMC M&RA and on to the Secretary of the Navy.
• Substandard performance case opened without documented record. Per Volume 15, the documented performance failures support the action.
• Officer NJP filed in unit legal file without OMPF routing. The OMPF entry is the primary action per MARADMIN 427/23. Unit file retains a copy.
• Second FOS discharge without Chapter 5 procedural compliance. Per MCO 1900.16 Chapter 5, the procedural rules apply.

Decision points

• Officer NJP versus court-martial. The accused officer elects acceptance of NJP or demands trial by court-martial for non-aboard-ship members. The convening authority and the legal advisor weigh.
• Show Cause Board versus court-martial. Per Volume 15 and MCO 1900.16 Chapter 4, the seriousness and the convening authority's intent drive the path.
• Resignation in lieu versus court-martial. The officer facing court-martial offers resignation. Acceptance flows from the Secretary of the Navy.
• Substandard performance separation versus retention. Per Volume 15, the Show Cause Board recommends retention or separation. The Secretary of the Navy decides.

Authority

This sub-page sits under MCO 5800.16MCO 5800.16 Volume 15 (Officer Misconduct and Substandard Performance of Duty) and Volume 14 paragraph 011105 cross-referenced for officer UPB completion. MARADMIN 427/23 sets officer NJP OMPF filing. MCO 1900.16MCO 1900.16 Chapter 4 sets officer administrative separation for cause framework. Chapter 5 sets officer resignations and second FOS discharge. 10 U.S.C. 1181-1187 sets officer separation statutory authority. 10 U.S.C. 6383 sets regular officer resignation authority. SECNAVINST 1920.6D sets DON-level officer administrative separation policy. JAGINST 5800.7GJAGINST 5800.7G covers preceding administrative investigations.

Related references

• MCO 5800.16 Volume 15. Officer misconduct framework.
• MARADMIN 427/23. Officer NJP OMPF filing.
• MCO 1900.16 Chapters 4 and 5. Officer separations and resignations.
• 10 U.S.C. 1181-1187 and 6383. Officer separation statutes.
• SECNAVINST 1920.6D. DON officer administrative separation.
• JAGINST 5800.7G. Administrative investigations.
• Manual for Courts-Martial 2024 Part V. Officer NJP procedures.