CLASSIFICATION: UNCLASSIFIED// ROUTINE R 131716Z FEB 24 MID600117184519U FM CNO WASHINGTON DC TO NAVADMIN INFO CNO WASHINGTON DC BT UNCLAS NAVADMIN 028/24 PASS TO OFFICE CODES: FM CNO WASHINGTON DC//DNS// INFO CNO WASHINGTON DC//DNS// MSGID/NAVADMIN/SECNAV WASHINGTON DC/-/XXJAN24// SUBJ/OFFICE OF SPECIAL TRIAL COUNSEL FULL OPERATIONAL CAPABILITY, REPORTING REQUIREMENTS, AND EFFECTIVE DATE OF MILITARY JUSTICE REFORMS// REF/A/EXECUTIVE ORDER/PRESIDENT/14103/28JUL23// REF/B/DOC/JAGMAN/30NOV23// REF/C/DOC/SECNAVINST 1752.4C/10AUG2018// REF/D/DOC/SECNAVINST 1752.3B/10NOV2005// REF/E/DOC/SECNAVINST 5430.107A/19JUN2019// REF/F/DOC/OPNAVINST 3100.6K/10AUG2021// NARR/REF A IS THE 2024 MANUAL FOR COURTS-MARTIAL, WHICH TOOK EFFECT ON 28 DECEMBER 2023. REF B IS JAGINST 5800.7G CH-2 MANUAL OF THE JUDGE ADVOCATE GENERAL. REF C IS THE SECRETARY OF THE NAVY'S INSTRUCTION ON SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM PROCEDURES. REF D IS THE SECRETARY OF THE NAVY'S FAMILY ADVOCACY PROGRAM INSTRUCTION. REF E IS THE MISSION AND FUNCTIONS OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE. REF F IS THE OPNAV SPECIAL INCIDENT REPORTING PROCEDURES. RMKS/1. This NAVADMIN announces the full operational capability of the Navy Office of Special Trial Counsel (OSTC), effecting one of the most significant military justice reforms legislated by the Fiscal Year 2022, 2023, and 2024 National Defense Authorization Acts (NDAA). This NAVADMIN imposes new reporting requirements on commands. 2. Per Rule for Courts-Martial 303 of reference (a) and Paragraph 0128 of reference (b), all new reports of covered offenses shall be forwarded promptly to the OSTC for consideration by a Special Trial Counsel (STC). OSTC has exclusive authority over covered offenses listed below. OSTC also has exclusive authority to determine whether a reported offense is covered, known, or related to a covered offense. OSTC will serve as the exclusive referral authority for covered, known, or related offenses committed on or after 28 December 2023. Commanders may not take disciplinary action on covered, known, or related offenses committed on or after 28 December 2023 until an STC defers the offense to the commander. The following UCMJ offenses are covered: a. Article 117a, Intimate Visual Images b. Article 118, Murder* c. Article 119, Manslaughter* d. Article 119a, Death or Injury of an Unborn Child e. Article 120, Rape and Sexual Assault* f. Article 120a, Mail, Deposit of Obscene Matter g. Article 120b, Rape and Sexual Assault of a Child* h. Article 120c, Miscellaneous Sexual Offenses i. Article 125, Kidnapping* j. Article 128b, Domestic Violence k. Article 130, Stalking l. Article 132, Retaliation m. Article 134, Child Pornography* n. Conspiracy, solicitation, or attempt to commit a covered offense. 3. All Navy units and commands are required to report any allegation of misconduct that may reasonably allege a covered offense to OSTC. For offenses noted above with an asterisk (*), notification to OSTC will be accomplished by the Naval Criminal Investigative Service (NCIS) following the command's mandatory notification to NCIS or other appropriate Military Criminal Investigative Organization (MCIO). For offenses not noted with an asterisk, direct command notification to OSTC is required, even if the offense was initially reported to the Family Advocacy Program, NCIS, or another law enforcement entity. 4. Direct command notification to OSTC will be accomplished in the following manner. a. Access the OSTC website at (URL) https://www.jag.navy.mil/about/organization/ostc/. Click the Command Incident Reporting button to access further reporting instructions. b. Deployed units and those unable to access the Command Incident Reporting feature may contact OSTC by phone at 202-685-5275 (DSN 325) for reporting instructions. 5. For those offenses noted with an asterisk (*), a direct report by the command to OSTC is not required. References (c), (d), and (e) require commands to notify NCIS or the appropriate MCIO of these offenses. Upon receipt of a command report of these offenses, NCIS or the appropriate MCIO will provide notification to OSTC. 6. The Fiscal Year 2024 NDAA amended Article 24a of the UCMJ to enable OSTC the exercise authority over certain covered offenses that occurred before 28 December 2023. The Lead STC has determined that OSTC will exercise authority over certain covered offenses committed before 28 December 2023, as described below: a. Pre-28 December 2023 covered, known, and related offenses not yet reported - OSTC will exercise authority if/when that offense is reported. b. Pre-28 December 2023 covered, known, and related offenses reported and currently being investigated - OSTC will exercise authority. c. Pre-28 December 2023 covered, known, and related offenses reported, investigated, and now pending prosecutorial review - OSTC will exercise authority. d. Pre-28 December 2023 covered, known, and related offenses reported, investigated, reviewed by Region Legal Service Office or OSTC and a disposition recommendation has already been provided to the convening authority - Absent a specific request from the CA, OSTC will NOT exercise authority and CA retains discretion. 7. Additional information is available on the OSTC website, referenced above. Remaining questions about OSTC and the implementation of the military justice reforms required by the FY22 and FY23 NDAAs should be brought to your servicing Staff Judge Advocate or supporting Office of Special Trial Counsel. 8. Commanders shall continue to comply with existing reporting requirements, to include those in references (c) through (f). 9.This NAVADMIN will remain in effect until superseded. 10.Point of contact is CAPT Angela Tang, JAGC, USN (OSTC), angela.j.tang.mil(AT)us.navy.mil, 202-685-5190 (DSN 325). 11.Released by Mr. Andrew S. Haeuptle, Director, Navy Staff.// BT #0001 NNNN CLASSIFICATION: UNCLASSIFIED//