§ 2532. Requirement to maintain certain records

• (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.