OSTC Covered Offenses and Regional Notification

OSTC Authority Rule

OSTC has exclusive referral authority over covered offenses. Once OSTC exercises authority on a case, neither the outgoing CO nor the incoming CO can dispose of that case. The disciplinary chain ends at OSTC for those offenses.

This section is non-delegable and crosses every other phase of CoC. The outgoing CO identifies every covered case by name. The incoming CO confirms OSTC liaison before any disciplinary action.

[ CRITICAL ] MARADMIN 633/24MARADMIN 633/24, FOC 28 December 2023. CO cannot dispose of any covered offense once OSTC exercises authority.

Covered Offenses Under UCMJ

The following articles are within OSTC referral authority. Verify against the current MARADMIN 633/24MARADMIN 633/24 text before any disciplinary action.

The Art. 134(b) sexual harassment trigger requires substantiation of a formal complaint. Allegations that have not been substantiated do not yet fall under OSTC authority. Once substantiated, the case routes to OSTC.

The ancillary rule is critical. A conspiracy to commit a covered offense is itself a covered offense. The chain of charged conduct, not just the principal offense, must be evaluated.

OSTC Regional Notification Contacts

Report covered offense allegations directly to the appropriate regional OSTC.

Notification goes to the regional OSTC with jurisdiction over the location of the alleged offense, not the unit's home station, when those differ. Non-activated reservists and OCONUS locations not listed go to OSTC-HQ.

What Outgoing CO Briefs at Turnover

For every Marine under OSTC case authority, the outgoing CO briefs:

1. Marine's full name and rank.
2. Specific covered offense alleged.
3. Status of OSTC determination. Has OSTC exercised authority or is the case still under command review?
4. STC POC name and contact.
5. Legal-hold requirements. Marine may NOT transfer, retire, separate, or re-enlist without OSTC and SJA coordination.
6. Pretrial confinement status, if applicable. IRO review timeline.
7. Open Military Protective Orders.
8. Witness Victim Advocate involvement.

Briefing by category instead of by name fails the requirement. "We have three sexual assault cases" does not give the incoming CO the operational picture needed to handle the cases on Day 0-7.

What Incoming CO Confirms in Day 0-7

Before any NJP or court-martial action in the first week, the incoming CO confirms:

1. Liaison established with servicing LSSS/T.
2. OSTC jurisdiction confirmed on each open case.
3. STC POC contacted for each covered offense case.
4. Legal-hold flags posted on every Marine under case authority - personnel, supply, S-3 movement requests.
5. Pretrial confinement IRO timelines reviewed and not overdue.
6. Active MPOs reviewed for compliance and expiration.

Action on a covered offense without OSTC confirmation is a procedural failure that can taint the proceeding.

Common Failures on OSTC Handling

1. NJP imposed on a covered offense. Even where evidence appears to support NJP, OSTC has exclusive referral authority. NJP without OSTC declination is invalid.
2. Marine transferred under PCS while case open. Personnel processes the orders without legal-hold flag. Marine departs the unit. Case routing is now contested.
3. Re-enlistment processed during OSTC review. Career planner submits the package, S-1 processes. Marine is now committed under additional service while case is open.
4. Notification delayed pending command investigation. MARADMIN 633/24MARADMIN 633/24 routing is direct to regional OSTC. Internal investigation does not delay or replace OSTC notification.
5. Article 134(b) sexual harassment substantiation overlooked. Formal complaint substantiated but not flagged as now within OSTC authority. Subsequent disposition by command is procedurally defective.

Authority Reminders

OSTC authority is exclusive once exercised. The CO is not the disposition authority on covered offenses where OSTC has exercised. The CO is, however:

• The authority for legal-hold flags on personnel actions.
• The authority for unit-level command investigations parallel to OSTC review.
• The point of contact for Marines and their families on case status and support.
• The chair of the CMG for SAPR-related cases.
• The commander responsible for a healthy command climate while cases proceed.

The disciplinary disposition is OSTC's. The command's response to the underlying conduct and to the affected Marines remains the CO's.