Title 14Coast GuardRelease 119-73

§2532 Requirement to maintain certain records

Title 14 › Subtitle SUBTITLE II— - PERSONNEL › Chapter CHAPTER 25— - PERSONNEL; GENERAL PROVISIONS › Subchapter SUBCHAPTER III— - COVERED MISCONDUCT › § 2532

Last updated Apr 6, 2026|Official source

Summary

The Commandant must keep all documents used to record a disposition decision after an investigation by the Coast Guard Investigative Service or another law enforcement agency into a Coast Guard member accused of an offense under chapter 47 of title 10. Those records must be kept for at least 7 years from the date of the decision. When a final decision is made, except for wrongful use or possession of a controlled substance under section 912a of title 10 (article 112a), and when the accused is an officer O–4 or below or an enlisted member E–7 or below, the convening authority (the official who signs the decision) must sign a case action summary. That summary must show the decision, who referred the case, records of any legal advice and recommendations, a list of materials reviewed, the CGIS report of investigation, and the completed CGIS report of adjudication. “Work product” means prosecution memoranda, emails, notes, and similar documents tied to the decision, plus the items above. Nothing here requires turning over internal legal work product created by counsel, Government attorneys, or their staff.

Full Legal Text

Title 14, §2532

Coast Guard — Source: USLM XML via OLRC

(a)The Commandant shall maintain all work product related to documenting a disposition decision on an investigation by the Coast Guard Investigative Service or other law enforcement entity investigating a Coast Guard member accused of an offense against chapter 47 of title 10.
(b)Work product documents and the case action summary described in subsection (c) shall be maintained for a period of not less than 7 years from the date of the disposition decision.
(c)Upon a final disposition action for cases described in subsection (a), except for offenses of wrongful use or possession of a controlled substance under section 912a of title 10 (article 112a of the Uniform Code of Military Justice), where the member accused is an officer of pay grade O–4 and below or an enlisted member of pay grade E–7 and below, a convening authority shall sign a case action summary that includes the following:
(1)The disposition actions.
(2)The name and command of the referral authority.
(3)Records documenting when a referral authority consulted with a staff judge advocate or special trial counsel, as applicable, before a disposition action was taken, to include the recommendation of the staff judge advocate or special trial counsel.
(4)A reference section listing the materials reviewed in making a disposition decision.
(5)The Coast Guard Investigative Service report of investigation.
(6)The completed Coast Guard Investigative Service report of adjudication included as an enclosure.
(d)In this section, the term “work product” includes—
(1)a prosecution memorandum;
(2)emails, notes, and other correspondence related to a disposition decision; and
(3)the contents described in paragraphs (1) through (6) of subsection (c).
(e)Nothing in this section authorizes or requires, or shall be construed to authorize or require, the discovery, inspection, or production of reports, memoranda, or other internal documents or work product generated by counsel, an attorney for the Government, or their assistants or representatives.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 2532, added Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8510(b), Jan. 1, 2021, 134 Stat. 4757, which related to retirement of certain employees of former Lighthouse Service, was repealed by Pub. L. 117–263, div. K, title CXVIII, § 11808(a)(18), Dec. 23, 2022, 136 Stat. 4166.

Reference

Citations & Metadata

Citation

14 U.S.C. § 2532

Title 14Coast Guard

Last Updated

Apr 6, 2026

Release point: 119-73