Off-Base Arrest Response

Use This Page When

A Marine in your command is arrested off-base by civilian law enforcement and you learn about it. Routes of awareness vary: PMO call, family member call, the Marine's call from custody, news report, social media, or end-of-watch report from the duty.

The first hour matters most when bail is being set, when the Marine is being processed into a holding facility, or when the offense involves anyone else in your unit.

The 90-Second Checklist

First 24 Hours

7-Day Routing

By the end of the first week, complete these items.

1. Confirm bail status and Marine's location. In civilian custody, released on bond, or returned to military control.
2. Adjust pay if appropriate. Pay treatment varies by status. Confined-in-civil-custody pay rules under DoD 7000.14-R FMR Vol. 7A are not automatic. SJA and S-1 coordinate.
3. Marine returns to duty if released. Brief on liberty restrictions, no-contact orders if witnesses are in unit, and any conditions of release imposed by the court.
4. Concurrent UCMJ disposition decision. Coordinate with SJA on whether to pursue NJP, court-martial, or administrative separation based on the underlying conduct. Some offenses are precluded from UCMJ disposition by service jurisdiction issues. SJA advises.
5. Brief CIRRAS update. Risk indication elevated. FPC brief at next council.
6. Page 11 entry if appropriate. Off-base arrest often warrants a Page 11 documentation entry under MCO P1070.12, distinct from any UCMJ disposition.

Status and Pay Implications

The Marine's status at time of arrest controls pay and benefits.

Confinement of more than one day in civilian custody often triggers pay adjustments under specific UCMJ articles and pay rules. Do not adjust pay without SJA and S-1 confirmation.

Family and Dependent Care

The Marine's arrest impacts dependents directly. Three considerations.

1. Spouse and child notification. If the Marine has not called family, the command coordinates notification. Do this with care and through the chaplain or family readiness officer if possible. Do not delegate to the duty.
2. Dependent care. If the Marine is a single parent or sole caretaker, family care plan execution under MCO P1741.13 kicks in. Verify the plan is current and the designated caretaker has the dependent.
3. BAH and benefit continuity. Pay disruptions affect BAH and dependent benefits. S-1 coordinates with disbursing.

Concurrent Jurisdiction

Civilian and military jurisdictions both apply to most off-base conduct.

• Civilian court controls the criminal case. Bail, plea, trial, sentence.
• UCMJ controls any military disposition. NJP, court-martial, administrative separation.
• Order of disposition matters. Generally, civilian disposition first, military second. SJA advises on exceptions.
• Concurrent action is possible but coordination prevents double jeopardy issues. SJA owns the analysis.

Do not refer to NJP or court-martial without SJA confirmation on jurisdiction.

Non-Delegable CO Actions

• Decision on concurrent UCMJ action.
• Signature on any administrative separation initiation if pursued.
• Decision on whether to issue no-contact orders involving unit members.
• Conversation with the Marine on return to duty about expectations.

Common Failures

1. Adjusting pay before SJA confirmation. Pay action requires specific status determination. Errors are hard to reverse.
2. Missing OSTC overlap on civilian charge labels. Civilian "assault" or "harassment" charges often map to UCMJ Art. 120, 120c, 128b, or 130. OSTC has authority on the UCMJ characterization.
3. Delaying family notification or doing it through the duty. Sensitive notification through the chain. Chaplain and FRO are the right tools.
4. Issuing on-record statements to press. Command does not comment on pending criminal matters. PA handles.
5. Forgetting the legal hold. Marine processes through PCS or separation while case is open.
6. Skipping Page 11 documentation. Off-base arrests warrant documentation even without UCMJ action. Service Record Book is incomplete without it.

Documentation Set

• Memorandum for Record of notification timeline
• PMO and SJA notification log
• Legal hold flag in MCTFS
• Family notification record if command-initiated
• Pay status confirmation from S-1
• Page 11 entry if imposed
• CIRRAS update
• No-contact orders if issued

When the Case Closes

Civilian court disposition closes the criminal chapter. Military follow-on actions continue.

• Remove legal hold once SJA confirms closure.
• Process any concurrent UCMJ disposition.
• Update Service Record Book and CIRRAS.
• FPC brief at next council with disposition.
• Decision on continued service if conviction occurred. Coordinate with MMEA on retention impact.

Related Pages

• Covered Offense Incident Response (Incident Playbooks topic) - run in parallel if underlying conduct is OSTC covered
• SAPR Unrestricted Report (Incident Playbooks topic) - run in parallel for sexual or domestic offenses
• OSTC Covered Offenses and Regional Notification (Turnover topic) - reference for the covered-offense list