scope:

Scope and Applicability

a. This instruction applies to all OJAG and NLSC facilities, including offices, occupied by personnel assigned to the Navy and Marine Corps Trial Judiciary (NMCTJ), Defense Service Offices (DSO), Region Legal Service Offices (RLSO), Victims' Legal Counsel (VLC) Program, Navy-Marine Corps Appellate Review Activity, and Naval Justice School (NJS).

b. OJAG executes a special mission to support Echelon III NLSC field activities in the area of civil law, military justice, operations, and management. OJAG refers to the combined OJAG/NLSC Headquarters activity, which includes all OJAG/NLSC offices and units at the Washington Navy Yard, the Pentagon, and field activities such as the Claims and Tort Litigation activities in Norfolk, Virginia; Pensacola, Florida; and San Diego, California, and the Judge Advocate General's Corps Consolidated Administrative Branch office. Because the standards in this instruction are primarily focused on potential security threats that may arise in the provision of client-centric and/or customer-service-based legal services (e.g., military justice, defense services, legal assistance, and command services), OJAG is not subject to the requirements outlined in paragraphs 5 and 6 of this instruction, with the exception of paragraph 5(a)(3)(d). OJAG is required to comply with reference (a), and the spirit and intent of this instruction, in order to ensure the physical security of its locations and safety of its personnel. OJAG personnel are required to participate in, and comply with, host installation physical security programs, and to report relevant issues and deficiencies through their chain of command to Code 67 for action and resolution.

c. NJS executes a unique training mission, likewise not primarily focused on potential security threats that may arise in the provision of client-centric and/or customer-service-based legal services. Therefore, NJS is not subject to the requirements outlined in paragraphs 5 and 6 of this instruction, with the exception of paragraph 5(a)(3)(e). NJS is required to comply with references (a) through (c), and the spirit and intent of this instruction, in order to ensure the physical security of its locations and safety of its personnel. NJS personnel are required to participate in, and comply with, host installation physical security programs.

d. This instruction applies to facilities in which OJAG or NLSC is the sole tenant, or to dedicated portions of facilities in which OJ AG or NLSC has exclusive occupation and use. It does not apply to offices in which OJAG or NLSC personnel work, but are not physically located in an OJAG or NLSC facility (e.g., installation Staff Judge Advocate who is attached to a RLSO and a tenant of a non-NLSC building).

e. A "military justice proceeding" involves any pre-trial, trial or post-trial session or proceeding associated with a special or general court-martial, including Uniform Code of Military Justice (UCMJ) Article 32 preliminary hearings, sessions held under UCMJ Article 39(a), and oral arguments before the Navy-Marine Corps Court of Criminal Appeals. Absent unique circumstances to be determined on a case-by-case basis by the Assistant Judge Advocate General, Operations and Management, a "military justice proceeding" does not include summary courts-martial, UCMJ Article 802 conferences, non-judicial punishment hearings, boards of inquiry, administrative separation boards, or legal assistance appointments.

f. In accordance with reference (c), all NLSC personnel are assigned responsibility for the physical security of NLSC command, detachment, and branch office spaces. Commanding Officers (COs) are responsible for ensuring all NLSC spaces and government property are protected and used only for authorized purposes [references (a) through (c)]. An organizational chart denoting command relationships and responsibilities is provided in enclosure (I).