Title 14Coast GuardRelease 119-83

§2532 Requirement to Maintain Certain Records

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

Last updated Apr 18, 2026|Official source

Summary

The Commandant must keep all documents that show how a disposition decision was made in investigations by the Coast Guard Investigative Service or other law enforcement looking at a Coast Guard member accused of an offense under chapter 47 of title 10. Those documents must be kept at least 7 years from the date the disposition decision was made. When a final disposition is made, the convening authority must sign a short case summary — except for wrongful drug use or possession cases under 10 U.S.C. 912a involving officers O–4 and below or enlisted E–7 and below. The summary must show the action taken, who referred the case, records of legal advice and that advice, what materials were reviewed, the investigative report, and the completed adjudication report. "Work product" means a prosecution memo, emails/notes/other related communications, and the items listed above. Nothing here lets anyone force the internal work or legal memoranda of Government counsel to be produced.

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 18, 2026

Release point: 119-83