§2532 Requirement to Maintain Certain Records

Summary

The Commandant must keep all work product used to explain why a case was closed or charged when the Coast Guard Investigative Service or another law enforcement group investigates a Coast Guard member for an offense under chapter 47 of title 10. Those documents must be kept for at least 7 years from the date the decision was made. "Work product" means things like a prosecution memorandum, emails and notes about the decision, and the items listed below for the case action summary. When a case reaches a final decision, a convening authority must sign a short case action summary, except for wrongful use or possession of a controlled substance under section 912a of title 10 when the accused is an officer O–4 or below or enlisted E–7 or below. The summary must show the disposition, the name and command of who referred the case, any records of legal advice and recommendations, a list of materials reviewed, the Coast Guard Investigative Service report of investigation, and the completed report of adjudication. Nothing here forces the release of internal attorney work product or memos.