The Department of the Air Force Office of Special Trial Counsel has released a year in review after a little more than a year of being fully operational.
OSTC was established by Congress to represent the United States in the investigation and prosecution of 14 categories of "covered" offenses under the UCMJ, to include most sex-related crimes, interpersonal domestic violence and other violent offenses. OSTC became fully operational on Dec. 28, 2023.
This statutory change gave OSTC the authority to decide whether to file, or "prefer," court-martial charges, or to return the case to command via an action called "deferral." This statutory change also gave OSTC exclusive authority to "refer" charges to a court-martial, the last step in bringing a case to trial. OSTC can refer covered and certain other offenses to trial by either a general or special court-martial.
OSTC preferred charges on its first exclusive-authority case on June 15, 2024, sent or "referred" charges to a court-martial on July 1, 2024, and tried the first "OSTC-referred" court-martial trial on Sept. 17, 2024. Sixty-four OSTC-referred courts-martial are docketed and pending trial as of February 2025.
"It is our goal to continue building a first-class organization that advances the purposes of military law as set out in the Preamble to the Manual for Courts-Martial, to promote justice, to deter misconduct, to facilitate appropriate accountability, to assist in maintaining good order and discipline in the armed forces, to promote efficiency and effectiveness in the military establishment and thereby to strengthen the national security of the United States," said U.S. Air Force Brig Gen Christopher Brown, the Lead Special Trial Counsel (LSTC).
Since its stand-up, OSTC has integrated with law enforcement, commanders, victims' counsel and installation legal offices to ensure accountability for perpetrators of sexual assault, domestic violence and other violent crimes.
Special Trial Counsel (STCs) closely coordinate with installation-level legal personnel and criminal investigators to inform investigations from the outset of covered offense allegations prior to making disposition decisions. STCs also consult with victims and commanders to hear and consider their views before making independent disposition decisions based on the nature of the alleged offenses and the strength of the available evidence.
"I look forward to continued coordination with our partners in command, law enforcement and the Air Force Judge Advocate General Corps to achieve objectives as we build on the framework established in year one of operations," Brown said.
The Department of the Air Force's Office of Special Trial Counsel's mission is "to provide expert, independent and ethical representation of the United States, under the direct civilian control of the Secretary of the Air Force, in the investigation and trial-level litigation of offenses over which the office exercises authority."
To learn more, visit https://www.afjag.af.mil/OSTC/
