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What Do Marines Need to Know About a Marine Corps Court-Martial?

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Short answer: The Marine Corps uses nonjudicial punishment and administrative separation more aggressively than any other service, and command interest in a case is intense and personal. Civilian military defense lawyer Alexandra González-Waddington of Gonzalez & Waddington explains that a Marine facing a court-martial usually got there because the command decided a board was not enough, and that the panel will be Marines who hold everyone to the standard.

In this video, Alexandra González-Waddington explains the seven things that make a Marine Corps court-martial different, from office hours to the all-Marine panel.

Why is the Marine Corps different when it comes to discipline?

The Corps is small, its leaders know each other, and its identity is built on standards. Allegations are taken seriously at every level, commanders act fast, and there is little patience for a Marine who is seen as a problem.

The same culture works the other way. A Marine with a strong record and a commander who believes in them can survive things that would end a career elsewhere. The command relationship often decides how a case goes.

Can a Marine refuse office hours (NJP)?

Office hours is the Marine Corps name for nonjudicial punishment under Article 15, held by the commanding officer. Marines embarked on a vessel cannot refuse it because of the vessel exception.

Ashore, a Marine can refuse NJP and demand trial by court-martial, and in a weak case that refusal often ends the matter. A Marine who accepts NJP for a drug offense should expect to go to a separation board, so get advice before you decide.

Who investigates and defends Marines?

The Naval Criminal Investigative Service (NCIS) investigates serious Marine Corps cases, and at the large bases the local NCIS office knows the units well. Invoke Article 31, decline the interview, and ask for a lawyer.

Detailed defense counsel come from the Marine Corps Defense Services Organization. Marine defense counsel are free, independent of your command, and often strong trial lawyers, but they carry heavy caseloads. Many Marines add civilian counsel who works alongside detailed defense counsel.

How does a Marine Corps court-martial work?

Courts-martial are convened by Marine Expeditionary Force, division, wing, and installation commanders, under the Legal Support and Administration Manual (MCO 5800.16) and the JAGMAN. Article 120 sexual assault and other covered offenses are prosecuted by the Office of Special Trial Counsel. Trials are held at Camp Lejeune, Camp Pendleton, Camp Foster on Okinawa, Quantico, and other major installations.

Marine panels are Marines: officers and, when an enlisted accused requests it, enlisted members, usually staff NCOs. A Marine panel is one of the most standards-driven juries in the military. They hold the accused to the standard, and they hold the government to its burden of proof. Convictions go to the Navy-Marine Corps Court of Criminal Appeals and then the Court of Appeals for the Armed Forces.

What happens on the administrative track?

The Corps separates Marines administratively at a high rate under the Marine Corps Separation and Retirement Manual (MCO 1900.16) and uses other-than-honorable characterizations readily. If you have six or more years of service or face an OTH, you are entitled to an administrative separation board.

The board is where most Marine careers end. It is a real hearing with three voting members, witnesses, evidence, and a preponderance-of-the-evidence standard. Marines waive boards far too often, and a waiver usually cannot be undone.

What kinds of Marine Corps cases come up most?

Hazing and barracks-assault cases, which the Corps prosecutes. Article 120 cases arising from liberty in Jacksonville, Oceanside, and Okinawa. Article 112a drug cases from unit urinalysis sweeps. Drill instructor and recruit-abuse cases at Parris Island and San Diego, which draw headquarters attention. Fraternization and relationship cases, which the Corps treats as serious.

Overseas cases on Okinawa raise status of forces agreement (SOFA) issues, and every incident can become a diplomatic matter. Officers facing misconduct allegations go to boards of inquiry, and in a small officer community a relief or board is known across the service. Resignation pressure can be high, so have the evidence evaluated first.

What to do right now

  1. Do not answer questions from NCIS, your command, or your senior enlisted leaders about the allegation. Invoke Article 31 and ask for a lawyer.
  2. Do not consent to a search of your phone, room, car, or home.
  3. Before you accept or refuse office hours, talk to defense counsel about the evidence.
  4. Contact the Defense Services Organization and a civilian military defense lawyer early.
  5. Never waive an administrative separation board or sign a resignation without legal advice.
  6. Gather your fitness reports, pros and cons marks, awards, and character letters for your defense.

Key takeaways

  • The Marine Corps uses office hours and administrative separation more aggressively than any other service.
  • Marines embarked on a vessel cannot refuse NJP; ashore, refusal can end a weak case.
  • NCIS investigates, and defense counsel come from the Marine Corps Defense Services Organization.
  • Marine panels hold the accused to the standard and the government to its burden.
  • Never waive a separation board without a lawyer.

Frequently asked questions

Is office hours the same as a court-martial?

No. Office hours is nonjudicial punishment under Article 15, not a criminal trial, and it does not result in a federal conviction. It can still lead to reduction, restriction, extra duty, and separation processing.

Can I hire a civilian lawyer for a Marine Corps court-martial?

Yes. You keep your free detailed defense counsel and can add a civilian military defense lawyer at your own expense. The two work together on one defense.

Who sits on a Marine Corps court-martial panel?

Officers, and if an enlisted Marine requests it, enlisted members as well, usually staff NCOs. You can also choose trial by military judge alone, and that choice should be made with your lawyer.

Should I waive my administrative separation board?

Not without legal advice. The board is a real hearing where you can present witnesses and evidence, and waiving it gives up your best chance to stay in or to get a better characterization of service.

Video transcript

Read the full transcript of this video

What do Marines need to know about a Marine Corps court-martial? That the Corps is the most aggressive service in the use of non-judicial punishment and administrative separation. That command interest in a case is intense and personal. And that a marine facing a court-martial usually got there because the command decided a board wasn’t enough. I’m Alexandra González-Waddington, civilian military defense lawyer and co-founder of Gonzalez & Waddington. We’ve defended Marines at Lejeune, Pendleton, Okinawa, Quantico, and Parris Island. And here’s what’s distinctly Marine Corps about the system.

First, the culture of discipline. The Marine Corps is small, its leaders know each other, and its identity is built on standards. That means allegations are taken seriously at every level. Commanders act fast, and there’s little tolerance for a Marine who’s seen as a problem. It also means a marine with a strong record and a commander who believes in them can survive things that would end a career elsewhere. The command relationship is everything.

Second, office hours and NJP. The Marine Corps equivalent of captain’s mast is office hours held by the commanding officer. Marines use it constantly and the vessel exception applies to Marines embarked on ships. Ashore, a Marine can refuse NJP and demand trial and in a weak case that refusal often ends the matter. A marine who accepts NJP for a drug offense is going to a separation board.

Third, the investigators and the defense. NCIS investigates Marine Corps cases and at the big bases, the NCIS field office knows the units well. Defense counsel come from the Navy-Marine Corps defense service offices staffed by Marine and Navy judge advocates. Marine defense counsel are often excellent trial lawyers and also often carrying dozens of cases.

Fourth, the court-martial. Convening authorities are the Marine Expeditionary Force commanders and the division wing and installation commanders. Trials are held at Lejeune, Pendleton, Camp Foster, Quantico, and the other major installations. Marine Corps panels are Marines officers and on request staff NCOs. And a Marine panel is the most standards-driven jury in the military. They hold the accused to the standard, and they hold the government to the burden. A weak case in front of Marines loses. A sympathetic marine with a real defense wins.

Fifth, the administrative track. The Corps separates Marines administratively at a higher rate than any other service through boards under the separation manual, and it uses other than honorable characterizations readily. The board is where most Marine careers end, and it’s a real hearing with three officers or senior NCOs, witnesses, and a preponderance standard. Marines waive boards far too often.

Sixth, the specifics that recur. Hazing and barracks assault cases which the Corps prosecutes. Article 120 cases arising from liberty in Jacksonville, Oceanside, and Okinawa. Article 112a cases from unit sweeps. Drill instructor and recruit abuse cases at Parris Island and San Diego, which draw headquarters attention. Overseas SOFA cases on Okinawa, where every incident is a diplomatic issue. And fraternization and relationship cases which the Corps treats as serious.

Seventh, the officer side. Marine officers facing misconduct allegations go through boards of inquiry with the same intensity and the Corps’s small officer community means a relief or a board is known across the service. Resignation pressure is high. The evidence should be evaluated first.

So, what do Marines need to know about a Marine Corps court-martial? That NJP and boards are the usual weapons. That the panel is Marines who hold everyone to the standard. That the command relationship decides cases. And that a Marine should never waive a board without a lawyer. I’m Alexandra González-Waddington with Gonzalez & Waddington. We defend service members worldwide. You can learn more at ucmjdefense.com or call 1-800-921-8607 for a free confidential consultation.

Talk to a military defense lawyer

Gonzalez & Waddington represents Airmen, Guardians, Sailors, Marines, Coast Guardsmen, and Soldiers worldwide in courts-martial, investigations, and administrative separation boards. Michael Waddington, a former Army JAG officer, has been a lawyer for over 25 years. Call 1-800-921-8607 or visit ucmjdefense.com for a confidential consultation.

This article is general information, not legal advice. Every case is different, and reading it does not create an attorney-client relationship.

What Do Marines Need to Know About a Marine Corps Court-Martial?

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