R 051427Z SEP 14

ALCOAST 372/14
COMDTNOTE 5811
SUBJ: HIGHER LEVEL REVIEW OF CASES INVOLVING CERTAIN SEX-RELATED
OFFENSES
A. National Defense Authorization Act for Fiscal year 2014, Pub.L.
No. 113-66
B. Military Justice Manual, CONDTINST M5810.1 (series)
1. The Coast Guard shall conduct higher level review of certain
military justice decisions involving sex-related offenses. This
higher level review will ensure appropriate parity with the changes
mandated for the other military services by Section 1744 of Reference
(a). Effective immediately, a higher competent authority will review
any decision not to refer a specification for court-martial in cases
where a sex-related offenses has been preferred:
    A. In any case where the staff judge advocate (SJA), in Article
34, UCMJ pretrial advice, recommends referring a specification of a
sex-related offense for trial by court-martial, but the General
Court-Martial Convening Authority (GCMCA) declines to refer that
specification, the GCMCA must forward the case file to the Commandant
of the Coast Guard for review.
    B. In any case where the SJA, in Article 34, UCMJ pretrial
advice, recommends that a specification of a sex-related offense should not
be referred to trial by court-martial and the convening authority
decides not to refer that sex-related specification to a
court-martial, the convening authority will forward the case file for
review to the next superior commander authorized to exercise GCMCA.
If the convening authority is LANT or PAC, DCMS shall be considered
the next superior commander. If DCMS is the convening authority, LANT
shall be considered the next superior commander.
2. The term "sex-related offense" is defined as any of the following:
    A. Rape or sexual assault under Articles 120(a), 120(b) or 125,
UCMJ
    B. Forcible sodomy under Article 125, UCMJ
    C. An attempt to commit an offense under Article 120(a), 120(b),
or 125, UCMJ.
3. The reviewing authority shall determine whether the referral
decision was appropriate. The reviewing authority will specifically
consider the victims statement provided during the course of the
investigation and whether the victims statement and views were
considered by the convening authority in making the referral
decision. The results of the review by the Commandant or the next
superior GCMCA, respectively, will be binding and final. Nothing
should be read to construe an additional right of review beyond that
established in this policy.
4. This policy does not limit the independent discretion of the
convening authority to take action deemed appropriate as authorized
by the UCMJ and the Rules for Court-Martial, except when such
authority has been properly withheld by a superior commander.
5. This policy will be incorporated into the next revision of
Reference (b).
6. POC: COMDT (CG-0946): LCDR Amanda Lee at 202-372-3811.
7. Released by RADM S. D. Poulin, Judge Advocate General.
8. Internet release authorized.