2019 Edition
Marine Corps League
National
Administrative
Procedures
Approved 9 August 2019
© Marine Corps League. For official Use only. All other uses prohibited.
NATIONAL ADMINISTRATIVE PROCEDURES
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MARINE CORPS LEAGUE
National Headquarters
9 August 2019
From: National Headquarters
To: Distribution List
Subj: MARINE CORPS LEAGUE 2019 ADMINISTRATIVE PROCEDURES
Ref: 2019 Edition of the Administrative Procedures
1. Purpose. These National Administrative Procedures provides guidance concerning the
function and organization of the Marine Corps League. The primary goal of these Administrative
Procedures is to supplement the National Bylaws and to ensure that the Marine Corps League is
operated in accordance with the Marine Corps League’s structure and to follow all local, state,
and national laws. Any past Editions of the National Bylaws and Administrative Procedures are
hereby cancelled this date.
2. Background. At the 2019 National Convention held in Billings, MT, the National
Administrative Procedures had changes in Chapters Two, Six, Eight, and Ten. Changes were
also made in Enclosures (3) and (4). These changes were made to ensure that the Marine Corps
League is following all local, state, and national legal requirements. These National
Administrative Procedures state the responsibilities incumbent upon all Marine Corps Leagues
members and state the requirements that will ultimately facilitate the mission of the League.
3. Goal. The goal of the Marine Corps League National Administrative Procedures is to provide
the Marine Corps League leadership effective resources and guidance to ensure that
Detachments, Departments, Divisions, and the Marine Corps League are successful and relevant
to the membership. These National Administrative Procedures and the Marine Corps League’s
National Bylaws sets the specific guidelines and requirements for all Marine Corps League
members to follow.
4. Ratification. These National Administrative Procedures changes were presented to all
members at the 2019 National Convention held in Billings, MT. There was a motion and a
second by qualified delegates to accept and approve the National Administrative Procedures
changes. Discussion phase was opened, and all questions or changes were made. The National
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CHAPTER ONE ............ GENERAL .................................................................................... AP 1-1
SECTION 1000 NAME AND PURPOSE ………………......................................... AP 1-1
SECTION 1005 LOCATION ..................................................................................... AP 1-1
SECTION 1010 CORPORATE SEAL ………………….......................................... AP 1-1
SECTION 1015 POLICY………………………………............................................ AP 1-1
CHAPTER TWO ............ NATIONAL CONVENTIONS .................................................. AP 2-1
SECTION 2000 MEETINGS ..................................................................................... AP 2-1
SECTION 2005 TIME AND PLACE ........................................................................ AP 2-1
SECTION 2010 PROCEDURES ............................................................................... AP 2-2
SECTION 2015 RULES OF ORDER ........................................................................ AP 2-2
SECTION 2020 REGISTRATION ............................................................................ AP 2-2
SECTION 2025 CREDENTIALSDELEGATES, ALTERNATIVES, MEM.......... AP 2-2
SECTION 2030 RIGHT TO SPEAK ......................................................................... AP 2-3
SECTION 2035 VOTING .......................................................................................... AP 2-3
SECTION 2040 NOMINATIONS ............................................................................. AP 2-4
SECTION 2045 ELECTIONS ................................................................................... AP 2-4
SECTION 2050 INSTALLATION ............................................................................ AP 2-5
SECTION 2055 STENOGRAPHIC EXPENSE ........................................................ AP 2-5
SECTION 2060 CONVENTION ADMINISTRATIVE COMMITTEES.................. AP 2-5
SECTION 2065 BIDS FOR NATIONAL CONVENTION ...................................... AP 2-6
SECTION 2070 CONVENTION CORPORATION ................................................. AP 2-8
CHAPTER THREE ............ NATIONAL STAFF ............................................................... AP 3-1
SECTION 3000 COMPOSITION OF NATIONAL STAFF ..................................... AP 3-1
SECTION 3005 POWERS ......................................................................................... AP 3-1
SECTION 3010 DUTIES STAFF OFFICERS ....................................................... AP 3-1
SECTION 3015 NATIONAL CHIEF OPERATING OFFICER ............................... AP 3-1
SECTION 3020 NATIONAL BOOKKEEPER ......................................................... AP 3-3
SECTION 3025 NATIONAL COMPTROLLER ...................................................... AP 3-3
SECTION 3030 NATIONAL AUDITOR ................................................................. AP 3-4
SECTION 3035 NATIONAL CHAPLAIN ............................................................... AP 3-5
SECTION 3040 NATIONAL DIRECTOR OF CONVENTIONS ............................ AP 3-5
SECTION 3045 NATIONAL CHIEF OF STAFF & PROTOCOL OFFICER ..........AP 3-6
SECTION 3050 NATIONAL EDITOR MCL PUBLICATION ............................... AP 3-7
SECTION 3055 NATIONAL DIRECTOR OF VETERANS SERVICE................... AP 3-7
SECTION 3060 NATIONAL ACCREDITED VSO ................................................. AP 3-7
SECTION 3065 DETACHMENT/DEPARTMENT SERVICE OFFICER (DSO).…AP 3-8
SECTION 3070 NATIONAL HISTORIAN ............................................................ AP 3-10
SECTION 3075 NATIONAL SERGEANT-AT-ARMS ......................................... AP 3-10
SECTION 3080 NATIONAL DIRECTOR OF PUBLIC RELATIONS.................. AP 3-10
SECTION 3085 NATIONAL LIAISON OFFICERS .............................................. AP 3-10
SECTION 3090 NATIONAL LEGISLATIVE OFFICER ...................................... AP 3-10
SECTION 3095 NATIONAL VAVS REPRESENTATIVE ................................... AP 3-11
SECTION 3100 NATIONAL PARLIAMENTARIAN ........................................... AP 3-11
SECTION 3105 STANDING COMMITTEES & DUTIES .................................... AP 3-11
(A) NAT BUDGET & FINANCE COMMITTEE........................................... AP 3-11
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(B) NAT AMERICANISM COMMITTEE .................................................... AP 3-12
(C) NAT UNIFORM COMMITTEE .............................................................. AP 3-12
(D) NAT AWARDS & CITATIONS COMMITTEE ..................................... AP 3-12
(E) NAT LEGISLATIVE COMMITTEE ....................................................... AP 3-12
(F) NAT WAYS & MEANS COMMITTEE .................................................. AP 3-12
(G) NAT MARINE OF THE YEAR SOCIETY ............................................. AP 3-13
(H) HONORARY PAST NATIONAL COMMANDANTS .......................... AP 3-15
(I) NAT BYLAWS & ADMIN PROCEDURES COMMITTEE ................... AP 3-15
SECTION 3110 ADVISORY COUNCILS & DUTIES .......................................... AP 3-15
(A) PAST NAT COMMANDANTS’ COUNCIL........................................... AP 3-15
(B) DEPARTMENT COMMANDANTS’ COUNCIL.................................... AP 3-16
SECTION 3115 APPOINTED OFFICERS, CHAIRMEN ...................................... AP 3-16
SECTION 3120 NATIONAL BOARD VOTING ................................................... AP 3-17
SECTION 3125 EXPENSES ................................................................................... AP 3-18
CHAPTER FOUR ............ DIVISIONS ................................................................................ AP 4-1
SECTION 4000 FORMATION ................................................................................. AP 4-1
SECTION 4005 POWERS ........................................................................................ AP 4-1
SECTION 4010 DIVISION ALIGNMENT .............................................................. AP 4-1
SECTION 4015 UNASSIGNED ............................................................................... AP 4-1
CHAPTER FIVE ............ DEPARTMENTS ........................................................................ AP 5-1
SECTION 5000 FORMATION ................................................................................. AP 5-1
SECTION 5005 POWERS ......................................................................................... AP 5-1
SECTION 5010 DEPARTMENT DUES ................................................................... AP 5-1
SECTION 5015 INSTALLATION OF DEPARTMENT OFFICERS ...................... AP 5-1
SECTION 5020 DEFAULT ....................................................................................... AP 5-1
SECTION 5025 CHARTER SUSPENSION, REVOCATION ................................. AP 5-1
SECTION 5030 BONDING ...................................................................................... AP 5-1
CHAPTER SIX ............ DETACHMENTS .......................................................................... AP 6-1
SECTION 6000 CHARTER ...................................................................................... AP 6-1
SECTION 6005 AUTHORITY ................................................................................. AP 6-3
SECTION 6010 DUES .............................................................................................. AP 6-3
SECTION 6015 INSTALLATION OF DETACHMENT OFFICERS...................... AP 6-3
SECTION 6020 QUORUM ....................................................................................... AP 6-3
SECTION 6025 DEFAULT ........................................................................................AP 6-3
SECTION 6030 MEMBERS ..................................................................................... AP 6-4
SECTION 6035 BONDING ....................................................................................... AP 6-4
SECTION 6040 ADDITIONAL DETACHMENT .................................................... AP 6-5
SECTION 6045 CHARTER SUSPENSION, REVOCATION ................................. AP 6-5
SECTION 6050 CHARTER VOLUNTARY SURRENDER .................................... AP 6-6
CHAPTER SEVEN ............ MEMBERS .............................................................................. AP 7-1
SECTION 7000 INITIATION ................................................................................... AP 7-1
SECTION 7005 MEMBERSHIP TRANSFER .......................................................... AP 7-1
SECTION 7010 DEATH OF A MEMBER OF THE MCL........................................ AP 7-1
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SECTION 7015 MEMBERSHIP ............................................................................... AP 7-2
(A) HONORARY ACTIVE DUTY MEMBER ................................................ AP 7-2
(B) CORPORATE MEMBER .......................................................................... AP 7-2
SECTION 7020 MEMBERSHIP APPLICATION .................................................... AP 7-3
SECTION 7025 MEMBERSHIP DUES AND FEES ................................................ AP 7-4
SECTION 7030 GOOD STANDING ........................................................................ AP 7-5
SECTION 7035 DELINQUENT MEMBER ............................................................. AP 7-5
SECTION 7040 INELIGIBLE MEMBER ................................................................ AP 7-5
SECTION 7045 MEMBERS AT LARGE ................................................................. AP 7-6
SECTION 7050 LIFE MEMBERS ............................................................................ AP 7-7
SECTION 7055 CERTIFICATION OF LIFE MEMBERS ....................................... AP 7-9
SECTION 7060 DUAL MEMBERSHIP ................................................................. AP 7-10
SECTION 7065 RESIGNATION ............................................................................ AP 7-10
SECTION 7070 MEMBERSHIP NUMBERS ......................................................... AP 7-11
CHAPTER EIGHT ............ SUBSIDIARIES AND SUBORDINATES ............................. AP 8-1
SECTION 8000 IRS REPORTS .................................................................................AP 8-1
SECTION 8005 RELATIONSHIP W/SUBSIDIARY ORGANIZATIONS.............. AP 8-1
SECTION 8010 SUBSIDIARY ORGANIZATIONS ............................................... AP 8-1
(A) MARINE CORPS LEAGUE AUXILIARY ............................................... AP 8-2
(B) MILITARY ORDER OF THE DEVIL DOGS ........................................... AP 8-2
(C) MILITARY ORDER OF THE DEVIL DOGS FLEAS ............................. AP 8-2
(D) THE MARINE OF THE YEAR SOCIETY ............................................... AP 8-2
(E) THE PAST NAT COMMANDANTS’ SOCIETY ......................................AP 8-2
SECTION 8015 RELATIONSHIP WITH INDEPENDENT ORGANIZATIONS... AP 8-2
(A) MCL YOUTH PHYSICAL FITNESS PROGRAM .................................. AP 8-2
(B) MCL FOUNDATION ................................................................................ AP 8-2
(C) YOUNG MARINES OF THE MCL .......................................................... AP 8-2
(D) MARINES HELPING MARINES ............................................................ AP 8-3
CHAPTER NINE ............ GRIEVANCE AND DISCIPLINE ........................................... AP 9-1
SECTION 9000 DEFINITIONS ............................................................................... AP 9-1
SECTION 9005 RULES OF EVIDENCE ................................................................ AP 9-3
SECTION 9010 RULES OF PREHEARING PROCEDURE ...................................AP 9-3
SECTION 9015 FILING, SERVICE OF COPIES, CORRESPONDENCE............. AP 9-3
SECTION 9020 PREHEARING DUTIES ................................................................ AP 9-5
SECTION 9025 GRIEVANCES ............................................................................... AP 9-7
SECTION 9030 DEPARTMENT, DIVISION, OR NATIONAL GRIEVANCE..... AP 9-9
SECTION 9035 NATIONAL CONVENTION GRIEVANCE ................................AP 9-10
SECTION 9040 DISCIPLINE OF A MEMBER, DETACHMENT, DEPARTMENT
OFFICERS AND BOARD OF TRUSTEES ............... AP 9-11
SECTION 9045 DEPARTMENT COMMANDANT OR DEPARTMENT............ AP 9-13
SECTION 9050 NATIONAL OFFICERS AND BOARD OF TRUSTEES............ AP 9-15
SECTION 9055 NATIONAL COMMANDANT .................................................... AP 9-16
SECTION 9060 NATIONAL JUDGE ADVOCATE .............................................. AP 9-17
SECTION 9065 DUTIES AND RIGHTS AT THE HEARING PROCEDURE…...AP 9-19
SECTION 9070 CONDUCTING THE HEARING ................................................. AP 9-21
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SECTION 9075 RESULTS OF THE HEARING .................................................... AP 9-24
SECTION 9080 APPEALS TO THE NATIONAL JUDGE ADVOCATE ............ AP 9-25
SECTION 9085 APPEALS TO THE NATIONAL BOARD OF TRUSTEES........ AP 9-26
SECTION 9090 SUSPENSION OF PENDING HEARING ................................... AP 9-28
SECTION 9095 PUNISHMENT ............................................................................. AP 9-28
SECTION 9100 CRIMINAL ACTS ........................................................................ AP 9-29
SECTION 9105 OFFENSES ................................................................................... AP 9-29
SECTION 9110 CHARGES STEMMING FROM A PREVIOUSLY HEARD
MATTER………........ AP 9-29
SECTION 9115 ADMINISTRATIVE EXPULSION OF A MEMBER.................. AP 9-30
CHAPTER NINE ATTACHMENTS
ATTACHMENT ONE LOG OF AUDIO TAPE OR DIGITAL RECORDING
ATTACHMENT TWO SAMPLE RITUAL FOR CONDUCTING A HEARING BOARD
ATTACHMENT THREE SAMPLE CHRONOLOGY
ATTACHMENT FOUR SAMPLE FINDINGS OF THE HEARING BOARD
ATTACHMENT FIVE SAMPLE GRIEVANCE LETTER AND DISCIPLINARY
CHARGE LETTER
ATTACHMENT SIX SUSPENSION AND REINSTATEMENT PROTOCOL
ATTACHMENT SEVEN EXPULSION PROTOCOL
ATTACHMENT EIGHT RESIGNATION IN LIEU OF HEARING BOARD
PROTOCOL
CHAPTER TEN ............ MISCELLANEOUS ................................................................... AP 10-1
SECTION 10000 FUND RAISING ......................................................................... AP 10-1
SECTION 10005 RESPECT .................................................................................... AP 10-2
SECTION 10010 RESOLUTIONS, SUBMITTING AND PROCESSING............. AP 10-2
SECTION 10015 AUTHORIZATION .................................................................... AP 10-3
SECTION 10020 AMENDMENTS ......................................................................... AP 10-4
SECTION 10025 EFFECTIVE DATE .................................................................... AP 10-5
SECTION 10030 NATIONAL ADMINISTRATIVE PROCEDURES
DISTRIBUTION ......... AP 10-5
SECTION 10035 BLANKET BOND ...................................................................... AP 10-5
SECTION 10040 VIOLATION ............................................................................... AP 10-6
ENCLOSURE TABLE OF CONTENTS
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CHAPTER ONE
General
Section 1000. Name and Purpose. The name of the body corporate is the MARINE CORPS
LEAGUE and is a non-profit corporation incorporated by an Act of the Seventy-Fifth Congress of
the United States of America at the First Session, begun and held at the City of Washington on
Tuesday, the fifth day of January 1937, and approved August 4, 1937.
Section 1005. Location. The principle offices of the Marine Corps League shall be located at
3619 Jefferson Davis Highway, Suite 115, Stafford, Virginia 22554, or at such other place or
places as the National Board of Trustees may select in the best interests of its membership.
Section 1010. Corporate Seal. The corporate seal of the Marine Corps League shall be round
in shape, containing in the center thereof a replica of the United States Marine Corps Emblem
surrounded by the words "Semper Fidelis, Marine Corps League" within a border of two narrow
rings, with a star centered between the words "MARINE" and "SEMPER" and a star between the
words "FIDELIS" and "LEAGUE."
Section 1015. Policy
a. The supreme power of the Marine Corps League shall be vested always in its membership
functioning through Delegates at all National Conventions; executive and administrative powers
only will be delegated to its Board of Trustees or to individual members of the Marine Corps
League.
b. The Marine Corps League shall never take part in any labor or management dispute or
issue, and it shall be ever non-sectarian, non-political, and non-partisan; nor shall it be based on the
grounds of race, color, creed, nationality, or sex; nor shall it be used as a medium of political
ambition or preferment; nor shall former or present military rank or former or present civilian
position be used as the basis for special consideration or preferment.
c. Nothing in the preceding subsection shall prohibit the Marine Corps League or any
subdivision thereof, from participating in political issues affecting the welfare of the United States
Marine Corps, the national security of our Nation, or any veterans' claims for justice arising from
service in the Armed Forces of the United States of America.
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CHAPTER TWO
National Convention
Section 2000. Meetings. The National Convention shall be convened once each calendar year
during the month of August unless prevented by national emergency or other unpreventable cause.
a. Effective as of 1998, the Convention shall be rotated within four (4) geographic sections
of the country as follows:
(1) Eastern Quadrant - consisting of New England, Northeast, and Mideast Divisions.
(2) Western Quadrant - consisting of Rocky Mountain, Northwest, and Southwest
Divisions.
(3) Southern Quadrant - consisting of Southeast and Southern Divisions.
(4) Central Quadrant - consisting of Central and Midwest Divisions.
b. The Division in each geographic quadrant can rotate hosting by Division or compete at
their choosing. If no bid is submitted by any Division in the designated quadrant for the subject
year, the next quadrant in the rotation becomes the host.
Section 2005. Time and Place. The time and place of each National Convention shall be
decided by the Delegates present and voting at a National Convention two (2) years in advance,
provided that, in an emergency, the present and voting Delegates may assign this duty to the
National Board of Trustees.
a. In the event a Detachment which has committed itself to host a convention (between
conventions) decides not to host such convention, then the National Board of Trustees shall
automatically assume the executive duty of selecting an alternate location, without requirement of
above referenced vote; this action is subject to ratification at the next convention.
b. Each Detachment shall be provided written notification by the National Chief Operating
Officer of date and location of each pending convention at least sixty (60) days prior to the opening
date of the convention. Such notification to include necessary forms for the Detachment's
certification of authorized Delegates and Alternates to such convention.
c. At the time proposed National Convention bids and locations are presented to the
Convention body for consideration, the Chairman of the National Convention Committee shall
announce to the body whether or not each bid meets all the requirements outlined in Section 265
and announce whether or not the National Convention Committee believes that the proposed
locations are acceptable, and if not, why not. If more than one (1) bid is presented, the Committee
should offer a ranking based on their site visits, airline accessibility, etc.
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Section 2010. Procedures. Immediately preceding the convening of each National
Convention, the National Commandant and National Board of Trustees will determine and
establish the sequence and procedure the business of the Convention shall be conducted, provided
such determination is in conformity with the National Bylaws and Administrative Procedures.
Section 2015. Rules of Order. The National Bylaws and Administrative Procedures shall
govern the procedure and conduct of each National Convention. The Parliamentary Authority for
Conventions shall be Robert's Rules of Order Newly Revised, in accordance with Section 425 of
the National Bylaws.
Section 2020. Registration
a. All approved and certified delegates, alternates, associates, and members will pay the
approved Registration and Advance Registration Fees. Each properly Registered attendee will
receive a Convention Program. Advance Registration fees must be accompanied by a properly
executed official Credential Form and received at National Headquarters not later than fifteen (15)
days prior to the opening of the National Convention. Guest may pay the registration fee if desired.
b. Registration Fees at the National Convention shall be six ($6.00) dollars. Advance
registration fees shall be five ($5.00) dollars provided that such fee, accompanied by properly
executed official Credential Form is received at National Headquarters not later than fifteen (15)
days prior to the opening of the National Convention.
c. In the process of registration, should a member's credentials as a Detachment Delegate or
Alternate be challenged by the Credentials Committee, the member's Department Commandant
(or duly appointed representative in the absence of the member's Detachment Commandant) may
authenticate the credentials of the members in question, providing that such action does not
authorize more delegates and alternates than the Detachment is allowed under provision of the
National Bylaws and Administrative Procedures.
Section 2025. Credentials Delegates, Alternatives, & Members
a. Delegates, alternates, and members desiring to attend business sessions of a National
Convention must possess a paid-up membership card, plus properly executed and signed
credentials, and must be registered with, and approved by, the Convention Credentials Committee.
b. Detachment Delegates and Alternates to the National Convention shall be determined on
the basis of said Detachment's membership on record at National Headquarters as of June 30
immediately preceding the National Convention. The delegate voting strength of each Detachment
shall be as follow: for the first fifteen (15) Regular members, one (1) Delegate and one (1)
Alternate; for each additional full block of fifteen (15) Regular members, one (1) Delegate and one
(1) Alternate; for a partial number of fifteen (15) Regular members, one (1) Delegate and one
Alternate. However, no Delegate strength of a Detachment shall be computed by including
Associate members or Honorary members in such Detachment's total membership.
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c. Should a Department or a Detachment be in default of payments of funds from any source
due the National Headquarters as of June 30, prior to the National Convention, such fact shall be
reported by the National Chief Operating Officer to the affected Detachment, and to the National
Convention Credentials Committee. The Credentials of that Detachment's Delegates and
Alternates shall not be approved unless settlement is made by the Detachment's Delegates at the
convention site in cash, unless previously resolved.
d. A Detachment which, as of June 30 immediately prior to the current National Convention,
fails to report on standard transmittal forms to National Headquarters that it has fifteen (15) or
more members, the National Chief Operating Officer shall report such fact to the National
Convention Credentials Committee which shall not approve that Detachment's Delegates and
Alternates.
e. Notwithstanding the provisions of AP Section 2025(d) above, no paid member in good
standing may be deprived of his individual vote at a National Convention.
f. Delegate/Alternate cards of a Detachment may only be claimed by a registered member of
that Detachment.
Section 2030. Right to Speak. All registered Delegates, when recognized by the Chair and not
so expressly prohibited by the National Bylaws, shall have the right to speak on any subject and all
issues brought to the convention for its consideration. Each registered National Officer, Past
National Commandant, Department Commandant, and member in good standing may be granted
the floor by the Chair.
Section 2035. Voting
a. Except as otherwise provided in these Bylaws, a fifty (50) percent plus one (1) vote by the
delegates voting shall carry any measure and decide any issue.
b. Each Delegate complying with AP Section 2025 is entitled to cast a vote for fifteen (15)
members, providing that the total vote of the Detachment's delegates does not exceed the
Detachment's membership strength. Such Delegate, or Alternate in the absence of a Delegate
present at the time of voting may, on behalf of registered and approved absent Delegates, cast the
vote of the Detachment's full voting strength.
c. A Roll Call vote may be required and recorded upon the request of any ten (10) registered
and approved Delegates, except as provided for in (e) below.
d. A Department Commandant, being a registered and approved Delegate, or his registered
and approved designee, in the Department Commandant's absence, may cast the full voting
strength of the Department, subject to the will of, and in the manner specified by the registered and
approved Delegates present from the Department.
e. In the event of a challenge by a registered Delegate to the stated vote of his Department,
the roll call vote of each Detachment of said Department shall be called. Upon the calling of each
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Detachment so registered, a Delegate of each Detachment shall rise, if not restricted by physical
impairment, and identify himself as a registered Delegate, authorized to cast the vote on behalf of
that Detachment.
Section 2040. Nominations
a. Each nomination for an elective National office shall be made from the floor no later than
the day preceding the day on which the elections are to be held. Each nominee shall be a regular
member in good standing in the Marine Corps League at the time of his nomination. Each
nominee, when called upon, shall rise, if not restricted by a physical impairment, and state to the
Chair that if elected, he will accept the office and serve loyally, faithfully, and to the best of his
ability during the term to which elected.
b. A Division whose Vice Commandant's term is expiring shall caucus prior to the time of
nominations and select its nominee, presenting the name of that nominee when Division Vice
Commandants' nominations are called for. Such nominee must be on the floor at the time of
nomination and must be a member in good standing and reside in that Division.
c. A Division whose Assistant Vice Commandant's term is expiring shall caucus prior to the
time of nominations and select its nominee, presenting the name of that nominee when Assistant
Division Vice Commandants are called for. Said nominee must be on the floor at the time of
nomination and must be a member in good standing and reside in that Division.
Section 2045. Elections
a. The election of National Officers shall be the last order of business of the National
Convention. The election of the National Commandant, National Senior Vice Commandant,
National Junior Vice Commandant, and National Judge Advocate shall be conducted in this order
by a Roll Call vote. Following this procedure, the election of Division Vice Commandants and
Assistant Division Vice Commandants shall be conducted by acclamation.
b. Before voting begins, the National Commandant shall select two (2) Past National
Commandants and two (2) Past Department Commandants to supervise voting and correctly tally
the votes cast. Two (2) shall act as Tellers and two (2) as Judges.
c. The election of officers shall not begin until the appointed election tellers and judges
advise the Chair that they are prepared to supervise the election. When it is so advised, the Chair
shall then call for the "Election of Officers." Upon such announcement, the Chair shall not accept
or entertain any issue, question or subject which is not strictly related to the roll call being
conducted. Without explicit permission of the Chair, a voting member shall not be allowed to enter
or leave the convention floor until the roll call vote in progress is concluded.
d. A majority of the votes cast is required to elect National Officers. When a simple majority
is not obtained on the first ballot, a second balloting will immediately commence after a caucus
(not to exceed ten (10) minutes). Should a majority fail to materialize on the second or successive
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ballots, the candidate with the least votes shall be dropped as a contender (after each ballot) until a
simple majority is achieved.
Section 2050. Installation. The installation of National Officers shall be conducted with
formal ceremony at the choosing of the National Commandant. The National Commandant elect
shall select the Installing Officer who shall be the outgoing National Commandant or a Past
National Commandant. The National President of the Ladies Auxiliary elect shall select the
Installing Officer who shall be the outgoing National President of the Ladies Auxiliary or a Past
National President of the Ladies Auxiliary. The Installing Officers shall select necessary aides.
Section 2055. Stenographic Expense. The stenographic expense, including recording the
proceedings of the National Convention, shall be borne by National Headquarters.
Section 2060. Conventions Administrative Committees
a. The National Convention Administrative Committees shall be Credentials, Bylaws,
Resolutions, Rules and Standing Committees.
b. The National Vice Commandant of each Division shall forward to the National
Commandant, no later than July 1 prior to each National Convention, the name of one (1)
member of his Division who plans to be at the National Convention for each of the three
Administrative Committees. If no names are submitted by the aforementioned date, the
National Commandant will then recommend whom he/she deems appropriate to fill that
position with the approval of the Board of Trustees.
c. So far as is possible, the National Commandant will appoint one (1) member of each
Division to serve upon each National Administrative Convention Committees, notifying each
appointee of the selection and further shall appoint a Chairperson of the committee in order
to call the first meeting and organize the committee business, as appropriate. Should there
be a division within any Committee upon any proposal the minority shall have the privilege
of stating the reasons for their position after the Committee Chairman's report on such
proposal.
d. The duties of the National Convention Administrative Committees are:
(1) Credentials Committee shall: (1) examine the credentials of each Delegate and
Alternate Delegate, (2) determine that each member desiring to register possesses a current
membership card, (3) compile a continuing list of all registered and approved Delegates and
Alternates and the approved Delegate voting strength of each Detachment in good standing. The
lists shall be available upon the request of the chair and shall be presented as a part of the
Committee's final report to the National Convention, (4) disapprove the credentials of Delegates
NOT in good standing at the time of the National Convention.
(2) Bylaws Committee shall receive and consider all properly submitted National
Bylaw and National Administrative Procedure changes complying with the requirements of the
National Bylaws and Administrative Procedures. The Committee, by a majority vote, shall either
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recommend to “approve” or recommend to “reject” a Bylaw or Administrative Procedure change
to the Convention membership. The Committee Chairman will report the Committee's
recommendations upon such changes to the National Convention for its consideration and action.
(3) Resolution Committee shall receive and consider all properly submitted resolutions
(NOT Bylaws proposals) complying with the requirements of the National Bylaws and
Administrative Procedures and may offer resolutions on behalf of the Committee deemed by the
Committee to be advisable and necessary. The Committee, by a majority vote, shall either approve
or disapprove all properly registered resolutions considered by the Committee. The Committee
Chairman will report the Committee's recommendations upon such resolutions to the National
Convention for its consideration and action.
(4) Rules Committee shall study the rules of the Convention employed at prior
Convention(s) and determine the need for any additional rules or revision thereof, for
recommendation to the Convention for application during that specific Convention.
Section 2065. Bids for National Convention. Any Detachment and/or the National
Conventions and Conferences Committee, may make a formal written bid for a National
Convention provided that such bid, in complete detailed form as outlined hereinafter, is in the
hands of the National Director of Convention Committee a maximum of three (3) years and a
minimum of two (2) years prior to that National Convention Committee meeting at which
consideration is desired. All bids must be received no later and 30 May, two (2) years prior to the
requested year to host a National Convention. All formal written bids must include the following
minimum requirements:
a. A resolution approved at a regular meeting of the bidding Detachment signed by the
Detachment Commandant and Adjutant/Paymaster inviting the Marine Corps League to hold its
National Convention in their city no less than two (2) years after the date of consideration. If their
bid is accepted, the Detachment shall submit itself to the control, supervision, direction and
guidance of the National Director of Conventions and his Committee and will cooperate in every
way, making no contracts or agreements of any nature with anyone without the prior approval of
the National Director of Convention Committee. All monies which are the property of the
National Headquarters Marine Corps League, collected prior to and during the National
Convention in their city, will be turned over to the National Chief Operating Officer no later than
the conclusion of that National Convention.
b. A Resolution of the Department Convention of which the bidding Detachment is a part
approving the bid and assuring the Marine Corps League of the Department's full cooperation. If a
Department does not approve the Detachment's bid, it must substantiate its position in writing.
c. Written detail of all entertainment activities with estimated cost of each event and estimated
cost of activities ticket.
d. Assurance of reasonable availability of chauffeured vehicles for emergency use and for
transportation of distinguished guests to and from normal transport terminals.
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e. Assurance of a convenient Headquarters Command Post and Information Center.
f. Letters over the signatures of the host city Mayor or Manager and the Executive Officer of
the Chamber of Commerce inviting the Marine Corps League to their city and assuring their full
cooperation.
g. Letter from proposed host city Hotel-Motel Association or individual Hotel-Motel
Manager detailing accommodations available and assurance of full cooperation as follows:
(1) An adequate and acceptable complimentary hall to accommodate the Joint Opening
Session, Complimentary meeting rooms for Marine Corps League Auxiliary, Fleas, Military Order
of the Devil Dogs (MODD), Memorial Service, Banquet (with dancing), and Committee
Conference rooms;
(2) Adequate accessible Registration room that can be secured, free of interference for
the full period of registration;
(3) Complimentary suites for the National Commandant, The Chief Devil Dog, and the
National President of the Marine Corps League Auxiliary (MCLA). Complementary rooms for the
National Chief Operating Officer of the MCL; Executive Director of the MODD; the Executive
Secretary of the MCLA; for the Guest of Honor and Aide; and for the National Convention
Chairman.
(4) Total available rooms with Convention rates, both single and double;
(5) Choices of Special Luncheons, Dinners, and Banquet with Convention prices.
h. Assurance to the Detachment, Department, and National Convention Corporation of such
other reasonable assistance as is deemed advisable and necessary by National Director of
Conventions Committee.
i. Convention hotel-motel will be wheelchair accessible and be eligible to display the
International Wheelchair symbol (See enclosure one (1)).
(1) That all public in-house restaurants, bars, cocktail lounges, nightclubs, rest-rooms,
etc., be wheelchair accessible.
(2) Five percent (5%) of all hotel-motel rooms will be wheelchair accessible, with a
minimum of ten (10) rooms.
(3) Whenever possible, one handicapped/paralyzed member will be on the National
Director of Convention Committee's inspection tour of the OFF SITE Special Events and Tours.
Activities that are accessible to the handicapped/paralyzed will be identified by the wheelchair
symbol (see enclosure one (1)). All correspondence will indicate if the event or tour can
accommodate the handicapped/paralyzed.
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(4) The above conditions apply to all Marine Corps League meetings, National Board of
Trustees, Division Conferences, and Department and/or Staff meetings.
j. A Department may bid for the National Convention by fulfilling all requirements listed in
this Section. The jurisdictional Division National Vice Commandant shall approve or disapprove
the department's bid. Should the bid be disapproved, the reasoning must be substantiated in
writing.
k. The National Director of Conventions must certify in writing to the National Judge
Advocate that all Convention bids that are to be considered by the National Convention have
complied with Section 2065 of the National Administrative Procedures; however, a Detachment or
a Department, if it desires, may make additional presentations to the Convention Body prior to any
recommendation being made to the Convention by the National Director of Convention
Committee.
l. The National and/or Local Convention Committee shall not permit any Detachment,
Department, Auxiliary Unit, individual or group of individuals or itself, to engage in the sale of
military or Marine Corps League related merchandise in, on or about the convention site, without
the expressed approval of the National Chief Operating Officer or the National Merchandise
Manager.
Section 2070. Convention Corporation. The Department or Detachment selected to host a
National Convention shall, within ninety (90) days after approval and under the supervision of the
National Director of Conventions, furnish National Headquarters with two (2) copies of their State
approved incorporation papers as the 20 __ Marine Corps League Convention Corporation, as well
as the Articles of Incorporation, and shall thereafter submit to the National Director of
Conventions Committee monthly progress reports detailing development of Convention plans and
programs.
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CHAPTER THREE
National Staff
Section 3000. Composition of National Staff. The National Staff Officers shall be comprised
of the National Board of Trustees, Assistant National Vice Commandants, appointed National
Staff Officers, committee chairmen, liaison officers, and Past National Commandants. The
National Staff Roster will consist of the National Staff Officers, Past National Commandants, and
the Department Commandants.
Section 3005. Powers. The power and authority of the National Staff shall be the same as that
of the National Board of Trustees, except that Assistant Division Vice Commandants, Staff
Officers, Committee Chairmen, Liaison Officers, the Past National Commandants, and
Department Commandants' Councils shall have no vote and shall not be considered in determining
a quorum for National Board of Trustees meetings.
Section 3010. Duties Staff Officers. The National Staff Officers shall acquire a working
knowledge of the National Bylaws and Administrative Procedures of the Marine Corps League
and shall act as assistants to the National Board of Trustees with individual specific duties.
Section 3015. National Chief Operating Officer shall:
a. Be employed by the National Board of Trustees and shall be directly responsible to that
body. He/she shall be the Chief Operating Officer (COO) of the Marine Corps League with the
responsibility for the management and direction of all programs, activities, and affairs of the
Marine Corps League, providing assistance to all committee and staff officers as requested. All
matters which are under the jurisdiction of the National Judge Advocate (NJA) (National Bylaws,
Article VI, Section 625(d) applies), must be referred to the NJA. In addition, all matters
concerning the following must be referred to the NJA with a copy to the National Commandant
without personal comment:
(1) Request for interpretation of the National Bylaws and Administrative Procedures.
(2) Disagreements of any nature referred to the Marine Corps League for adjudication by
member(s) of the Marine Corps League, subsidiaries or subordinate groups (Article Six, National
Bylaws is applicable).
b. Be responsible for the employment, supervision, termination of employment, and the
determination of compensation of the National Headquarters Staff Members and supporting
personnel within approved budget guidelines as determined by the National Board of Trustees.
The termination of all National Staff Officers appointed by the National Commandant, must be
approved by the National Board of Trustees.
c. Perform all the ordinary and necessary business of the Marine Corps League, including
the approval of purchase orders for materials and services, attend to normal business operations
within the bounds of budgetary limitations and guidance as provided by the National Board of
Trustees.
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d. Bring to the attention of the National Commandant and/or the National Board of Trustees
all matters of extraordinary expense, significance, or importance, and where appropriate or
otherwise required by other provisions of the National Bylaws and National Administrative
Procedures, obtain approval through mail, e-mail, or telephone vote of a majority of the National
Board of Trustees, prior to the execution of such matters.
e. Be responsible for the editing, printing, publication, and distribution of the Marine Corps
League's national publication.
f. Maintain copies of the minutes of all National Conventions, board meetings, and perform
such other duties as are usually assigned to a Corporation Secretary. See NB Section 630c.
g. Within ninety (90) days following each National Convention and each meeting of the
Board of Trustees, a brief summary of the minutes showing actions and decisions affecting the
National Bylaws, Administrative Procedures, and policy will be posted on the National Library.
h. The opinions and rulings made by the National Judge Advocate will be posted on the
National Library.
i. Receive and review all National Committee reports and correspondence, and, where
appropriate, forward copies to the National Board of Trustees for information, consideration, or
concurrence.
j. Perform such other duties as may be assigned by the National Commandant and/or the
National Board of Trustees.
k. Surrender to the duly appointed successor all Marine Corps League books, records, and
other property with which the office is charged.
l. Not hold any other position on the National Staff.
m. Distribute to each living Past National Commandant material sent to the National Board
of Trustees and Departments.
n. Conduct a census of the total membership of the Marine Corps League for the purpose of
determining delegate and alternate delegate entitlement for the ensuing annual National
Convention. Such census shall be conducted effective June 30, annually, and at such other times as
determined by the National Board of Trustees.
o. Cause to be kept all proper and necessary books for the recording of all the business of the
Marine Corps League, including a correct record of all membership accounts.
p. Receive all monies, keeping a record of their source and purpose, and shall deposit said
monies, in approved and Federally insured accounts (checking, savings accounts, or money
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market), and non-federally insured investment accounts. All monies deposited shall be in the name
of the Marine Corps League only.
q. Establish the Fiscal Year for the Marine Corps League for financial accounting purposes
annually from July 1, to June 30, following, and provide such assistance necessary to the CPA to
ensure that the annual audit of the Marine Corps League will be completed on or before October
15th of said calendar year. CPA report must be given to the Board Treasurer on or before
November 1st of said calendar year.
r. Cause the agency or firm that conducts the annual audit to include a statement or comment
advising of deficient procedures and/or, based on experiences of other business practices, include
such recommendations for improvement in techniques, practices, or general management as may
be appropriate.
s. Maintain adequate inventories of office supplies and merchandise, receive all invoices for
services and material(s), and cause payment for all authorized expenditures. An inventory of
merchandise will be conducted in conjunction with the CPA audit at June 30.
t. Supply the National Credentials Committee with a complete record of all Detachment's
strength, allowed on the basis of each Detachment's membership strength as received at National
Headquarters as of June 30 annually.
u. Will be responsible for setting the retail prices of merchandise.
Section 3020. National Bookkeeper shall:
a. They shall issue invoices and track all incoming invoices, travel expenses, deposits
(credits), debts and help comptroller.
b. Maintain books and create files for CPA to file taxes and audits.
c. Work with COO and Office Manager to provide legal documents to IRS and Corporate
status.
d. Signatures for checks requires a minimum of two signatures on all checks (no stamps
allowed). Signatures allowed are Chief Operating Officer, Office Manager, National Comptroller,
and Assistant National Comptroller.
Section 3025. National Comptroller shall:
a. Administer the allocation of funds for National Headquarters, National Committees,
National Programs, and all other expenditures in the National Budget approved by each National
Convention.
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b. Assure that all funds received by National Headquarters are deposited in the General Fund
Account and identified for specific use by accounting procedures on the General Ledger of the
Marine Corps League.
c. Be responsible for disbursing all funds of the Marine Corps League. In the Comptrollers
absence, and upon approval of the National Commandant, the Comptroller may designate an
alternate to sign checks. The Comptroller may place in certificates of deposit or into investments
approved by the National Board of Trustees such funds as are pre-determined to be in excess of the
current cash operating needs of the organization.
d. Prior to the opening of the National Convention, advise the National Credentials
Committee of any indebtedness to National Headquarters by any Detachment or Department of the
Marine Corps League; provided as of July 31 preceding the National Convention such
indebtedness is in default in excess of thirty (30) days.
e. Not to make, nor permit to be made any expenditure of Marine Corps League funds in
excess of those specifically provided by the annual Budget adopted by each National Convention
but shall refer such proposed excessive expenditure to the attention of the National Board of
Trustees. If such proposed expenditures of Marine Corps League funds are approved by a
two-thirds (2/3’s) vote of the full membership of the National Board of Trustees, such
expenditures may be made. Any officer or member making such expenditures in violation of this
provision shall be subject to disciplinary action in accordance with the provisions of the National
Bylaws and Administrative Procedures.
f. Initiate the fiscal year of the Marine Corps League on the first day of July for accounting
purposes only.
g. Ensure oversight of all monetary funds and investments and monitor all checking and
payroll accounts;
h. Surrender to the duly appointed successor all Marine Corps League books, records, and
other property with which the office is charged.
i. Review with the CPA, its report for accuracy, make any revisions deemed necessary and
deliver accepted report to the National Chief Operating Officer on or before November fifteenth
(15th) of said calendar year.
Section 3030. National Auditor shall:
a. Be directly under the control of, and answerable to, the National Board of Trustees.
b. As directed by the National Board of Trustees, closely observe and thoroughly review all
financial operations, financial affairs and financial records of the Marine Corps League and all of
its subsidiaries and subordinate organizations, groups, and activities.
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c. Appoint such Audit Committee Members, with the approval of the National Board of
Trustees, as may be necessary to perform the duties and tasks assigned.
d. Perform such other duties which are directed by the National Commandant or the National
Board of Trustees.
Section 3035. National Chaplain shall:
a. Perform such duties of a spiritual nature as are customarily performed by members of the
clergy and required by the National Bylaws and Administrative Procedures of the Marine Corps
League.
b. Be responsible for and have charge of arranging and conducting an impressive, dignified
and inspiring non-denominational memorial service at each National Convention, including in
such ceremony representatives of those subsidiaries that are appropriate. Memorial service shall
include a list of Marine Corps League members who have died during the past year which will be
either READ ALOUD or WRITTEN in "program book" form to be distributed to those in
attendance or as a single scroll type Honor Roll prominently displayed at the Memorial Service
site.
c. As the National Chaplain receives notification of a Marine Corps League member's
demise he will forward that information to the Executive Editor of Marine Corps League's
National Publication to be listed in the next issue in the section entitled "TAPS."
Section 3040. National Director of Conventions shall, as Chairman of and with the National
Convention Committee, perform those duties as follows:
a. National Conventions Committee
(1) The National Conventions Committee shall consist of four (4) members. The
National Director of Conventions shall be the Chairman of the National Conventions Committee.
(a) The first two shall be appointed by the National Commandant with the advice
and consent of the National Board of Trustees. One of the two will be the National Director of
Conventions.
(b) One member shall be a representative appointed by the Military Order of the
Devil Dogs Chief Devil Dog.
(c) One member shall be a representative appointed by the Marine Corps League
Ladies Auxiliary National President.
(d) Additionally, the Jurisdictional National Vice Commandant in whose area the
ensuing National Convention is to be held will serve as an adviser. The local Convention
Chairman for (Department or Detachment) and the local Ladies Auxiliary will also serve as an
adviser.
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(2) The Committee and its Chairman shall:
(a) Be responsible to the National Commandant and the National Board of Trustees
for all planning, arrangements, control, administration, and the final successful conclusion of all
National Conventions.
(b) The Local Convention Chairman shall submit to the National Board of Trustees,
no later than January 31st following the Convention, a written report of the Convention. The report
shall contain:
1. A statement certifying that all bills have been paid.
2. A financial accounting of the Convention Book
3. The total number of rooms (living units) utilized.
4. The number of people attending each social activity.
5. The attendance at the banquet.
6. Identify problems encountered and if resolved.
7. Appropriate remarks as may be of assistance or interest to subsequent
Convention Committees, or the National Board of Trustees.
(c) The Local Convention Chairman shall be responsible for selling ads locally and
submitting all ads and monies to National Headquarters. National Headquarters will be responsible
for the collection, creating, editing, and publishing of the program book. Distribution of profits
from ads sold will be according to the Marine Corps League SOP on National Convention
Advertising Book.
(d) Receive, consider, and report its recommendations to the Convention on each
bid for a National Convention which has been submitted, provided said bid is in strict conformity
and in accordance with Chapter Two (2), Section 2065 of the National Administrative Procedures.
(e) The National Protocol Officer shall be consulted on protocol prior to and during
meetings of the National Staff and National Conventions. The recommendations of the National
Protocol Officer shall be adhered to as is practicable.
Section 3045. National Chief of Staff & Protocol Officer shall perform as a Staff Officer,
coordinating staff functions and protocol duties as assigned by the National Commandant and
assuming other administrative tasks as required.
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Section 3050. National Editor Marine Corps League Publication shall, under the direction of
the National Chief Operating Officer, have supervision and control of the editing and printing of
the Marine Corps League publications.
Section 3055. National Director of Veterans Service shall:
a. Be employed by the National Headquarters of the Marine Corps League and be
responsible to the National Commandant and National Chief Operating Officer for the
performance of his/her duties.
b. Become acquainted with the Federal Laws and with their interpretations and applications,
and with the regulations and interpretations of Federal regulations of Governmental agencies and
other institutions within the framework of service to veterans.
c. Prescribe training, practices, and instructions for Detachment and Department Service
Officers and National Veterans Service Officers. (See Section 3065)
d. Assist Marine veterans, and veterans of all U.S. Military services upon request, and their
dependents, widows or widowers, in securing the benefits provided by law and regulations.
e. Oversee all Veterans' Administration activities of the Marine Corps League.
f. Supervise all Veterans Service Officers (VSO) accredited by the Marine Corps League.
g. Prepare and amend when necessary, such regulations, instructions, or procedures as may
be required to affect a viable National Service Program, including the publication and distribution
of same.
h. Certify the names of Veterans Service Officers (VSO) who have been selected by the
Marine Corps League Departments and Detachments.
i. Participate in National Association of County Veterans Service Officers (NACVSO)
conference and one (1) class to network and keep current on Veterans Affairs (VA) activities.
j. Conduct such workshops or training seminars as may be as may be appropriate toward the
improvement and to meet reaccreditation requirements of all Veterans Service Officers (VSO)
both National and Detachment/Department.
k. Perform such other duties as may be prescribed from time to time by the National Board of
Trustees or the National Chief Operating Officer.
Section 3060. National Accredited Veterans Service Officer (VSO)
a. As a National Accredited Veterans Service Officer (VSO), you must have the sponsorship
of a State or County Veterans Affairs (VA) to gain access to the VA intranet to process claims.
You will be responsible to process claims within the Marine Corps League (MCL) that are
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forwarded or presented to you by a Detachment/Department Service Officer (DSO) in your area.
You will be expected to complete all paperwork and follow up with the Veteran at all stages of the
process. You will provide quarterly reports of cases you are working. To qualify to be a National
Accredited Veterans Service Officer (VSO), you must: (Not a National Position.)
(1) Seek the approval of your Department Commandant.
(2) Provide in writing a letter from your Commandant recommending you for the
position of National Veterans Service Officer.
(3) Must be Regular member of the Marine Corps League.
(4) Complete Veteran Service Officers training and provide resume of prior experience.
(5) Complete VA Application for Accreditation as Service Organization Representative
(VA Form 21).
(6) Secure an office at the VA to meet with Veterans, provide hours and contact
information.
(7) Send all the above to MCL National Headquarters to the National Director of
Veterans Service.
(8) Complete Training, Responsibility, Involvement and Preparation of Claims (TRIP)
training.
(9) Pass a background check by Office of Personnel Management (OPM).
(10) To maintain your accreditation, provide a quarterly report of Contact with Veterans
and their progress to the Department and MCL National.
(11) If any grants or monies are received, an annual audit/financial review must be
performed, and copies given to MCL Department and MCL National Headquarters.
(12) Complete continuing education training every three (3) years and send copies along
with a new Form 21 to National Director of Veterans Services (HQ MCL).
(13) Be prepared to assist National Headquarters in continuing education classes for the
Detachment/Department.
(14) Will always follow the rules and requirements prescribed by National Marine
Corps League.
Section 3065. Detachment/Department Service Officer (DSO)
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a. As a Detachment/Department Service Officer (DSO), you have immediate access to a
group of qualified veterans who may all rate some type of VA Benefits. That group is your
Detachment; all are Honorably Discharged (or General Under Honorable Conditions) Marines,
Navy FMF Corpsman, or Navy FMF Chaplains who deserve to have all their benefits explained to
them. To assist your Detachment members, you need to become a Detachment or a Department
Service Officer. Listed below is a brief description of the necessary steps and description of a
Detachment/Department Service Officer (DSO). (Not a National Position.)
(1) Seek the approval of your Detachment/Department Commandant.
(2) Provide in writing a letter from your Commandant recommending you for the
position of Detachment/Department Service Officer.
(3) Be a regular member of Detachment/Department.
(4) Take a Veteran Service Officers training.
(5) Complete VA Application for Accreditation as Service Organization Representative
(VA Form 21).
(6) Connect with a County Veterans Service Officer (CVSO) or State Veterans Service
Officer (SVSO) who holds a cross-accreditation with the Marine Corps League to process your
Veterans’ paperwork.
(7) If your local County or State office does not have a Veterans Service Officer (VSO)
who is cross accredited, have them complete a VA Form 21 and provide certification of their
training and letter from their supervisor to and the National Director of Veterans Service (HQ
MCL) for “cross-accreditation processing.
(8) If you are in an area with a Marine Corps League (MCL) National accredited
Veterans Service Officer (VSO), i.e. Michigan or Ohio, you will pass paperwork to an MCL
Nationally accredited Veterans Service Officer (VSO) for processing.
(9) Ensure you are on the mailing list for County and State Veterans Job Fairs; Veterans
Outreach programs and workshops as well as education and job opportunities for Veterans.
(10) Create a library of pertinent VA forms and then begin to schedule meetings with
each of your detachment members to determine their individual needs.
(11) Ensure that your Detachment/Department Commandants are aware of your need to
maintain a concurrent training program and to establish a budget allowing you to complete
required continuing education every three years.
(12) Must always follow the rules and requirements prescribed by the Marine Corps
League.
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(13) Please direct any questions to National Director of Veterans Services at Marine
Corps League National Headquarters.
Section 3070. National Historian shall, under the direction of the National Board of Trustees,
assemble and maintain a record of the Marine Corps League history of achievements.
Section 3075. National Sergeant-at-Arms shall preserve order at National Conventions and
perform such other duties as are required by the National Commandant. The National
Sergeant-At-Arms is empowered to deputize such Deputy Sergeants-At-Arms and Field Music as
may be necessary for the proper performance of their duties.
Section 3080. National Director of Public Relations shall act as the Public Relations and Press
Officer for the National Organization and perform such other duties as are assigned by the
National Commandant.
Section 3085. National Liaison Officers shall maintain close contact with the Department of
the Navy, the United States Marine Corps, and all veteran unit organizations or associations of the
Marine Corps; assist and promote coordination and cooperation between the League and the
United States Marine Corps and the Department of the Navy; become acquainted with and inform
the League, through the National Commandant, with the ways and means by which the Marine
Corps League can render aid and assistance to the Naval and Marine Corps establishments, and aid
and assist the National Commandant in accomplishing the purpose of the League. Such other
National Liaison Officers as are indicated may be appointed with specific instruction as to duties
from the National Commandant and/or the National Board of Trustees.
a. Military Order of the Devil Dogs. The National Commandant will appoint one (1)
member of the Military Order of the Devil Dogs (recommendation made by the Chief Devil Dog)
for the explicit purpose of attending National Board of Trustees Meetings and reporting back to the
Military Order of the Devil Dogs. The purpose of this is to bring a closer relationship between the
Marine Corps League and the Military Order of the Devil Dogs. Sections 3000 and 3005 of this
Chapter applies.
Section 3090. National Legislative Officer. It shall be the duty of the National Legislative
Officer:
a. To chair the National Legislative Committee.
b. Maintain contact with the Representatives in Congress in regard to legislative matters
affecting the interests and welfare of Marines, FMF Corpsmen, FMF Chaplains, and veterans.
c. Keep the National Staff informed of recent and currently pending actions related to
veterans' affairs with the Legislature.
d. To present resolutions, emanating from National Legislative Committee, prepared for the
Marine Corps League for submission to the Legislature.
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Section 3095. National VAVS Representative. It shall be the duty of the National Veterans
Affairs Volunteer Service Representative to:
a. Maintain contact with the Department of Veterans Affairs VAVS staff for the purpose of
keeping abreast of the changes in policies and procedures pertaining to the VAVS Program.
b. Promulgate the objectives of the VAVS Program and cultivate the interest of constituent
Departments, Detachments, and subsidiary units in their participation in the VAVS Program at
hospitals within their locale.
c. Receive recommendations, from Detachments and Departments, of members willing to
serve in the VAVS Program, and, as appropriate, request VAVS certifications for required
representatives and deputies.
d. Provide written guidance and instructions to Department and Detachment VAVS
Chairmen and VAVS workers in the proper conduct of their functions related to the VAVS
Program and establish standards for required reports.
e. Receive and compile comprehensive VAVS Program activity reports from the various
participating Departments and Detachments and provide copies to the National Board and
Veterans Administration.
f. Request each Division assign a VAVS Representative who in turn will be the liaison for
each Department and Detachment. Provide training material to all MCL VAVS volunteers in each
Division. Track and follow-up prior to Convention each Divisions volunteer hours and with the
Division Liaisons and VAVS Committee Chairperson select the recipients of the Marine Corps
League VAVS awards as outlined and prescribed in enclosure four (4) of the National
Administrative Procedures. Submit an annual report as described above to the National Board of
Trustees for each National Convention.
g. Attend annual VAVS meetings conducted by the Department of Veterans Affairs for the
representatives and deputies of participating organizations within the approved budget.
Section 3100. National Parliamentarian. It shall be the duty of the National Parliamentarian
to serve as a consultant to advise the National Commandant and other officers, committees, and
members on matters of parliamentary procedure. The parliamentarian's role during a meeting is
purely an advisory and consultative one; since parliamentary law gives to the chair alone the power
to rule on questions of order or to answer parliamentary inquiries.
Section 3105. Standing Committees and Duties. The National Standing Committees and
their duties are as follows:
a. National Budget and Finance Committee. It shall be the duty of the Budget and
Finance Committee to hold such hearings with Officers and Delegates as it may deem necessary,
to prepare and present to the Mid-Winter Staff Meeting and convention a financial program and
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budget for the conduct of business and affairs of the League for the ensuing year and to make
recommendations concerning ways and means of increasing the funds of the League.
b. National Americanism Committee. The Americanism Committee shall have the duty
of formulating, implementing, and executing an Americanism program to effectuate the purposes
of the Marine Corps League. (See enclosure two (2) for guidelines.)
c. National Uniform Committee. The Uniform Committee shall have the duty of testing
and studying present emblem and uniform items and articles, recommending changes or additions
thereto; identifying an acceptable source of supply and to formulate and present to the National
Convention recommendations for changes or additions to existing uniform regulations. (See
enclosure three (3) for uniform regulations.) The Committee shall also review photographs
submitted to the national magazine for uniform compliance prior to the publication of each issue.
d. National Awards and Citations Committee. Shall have the responsibility of
recommending to the National Staff, Awards and Citations for use by the Marine Corps League.
All recommendations for National Awards (unless specified in another manner) will be referred to
the Committee which shall certify that the recipient is worthy of said Award. The Committee shall
have a Chairman and at least three (3) other members. (See enclosure four (4) for guidelines.)
e. National Legislative Committee. Shall be chaired by the National Legislative Officer
and consist of additional members as appointed by the National Commandant with the advice and
consent of the Board of Trustees. This committee is charged with the responsibility to:
(1) Study all legislation of benefit to the Nation and Veterans.
(2) Arrive at recommendations to be submitted to the National Staff and the National
Convention concerning advisability of endorsing support or urging rejection of pending legislation
affecting Veterans' affairs.
(3) Study and develop resolutions, as deemed necessary, sponsoring legislation
beneficial to the protection of the Nation, the United States Marine Corps, and Veterans.
(4) Prepare such resolutions mandated by the National Convention requesting specific
legislative actions of the Congress.
f. National Ways and Means Committee
(1) The National Ways and Means Committee shall be comprised of a Chairman, a Vice
Chairman and up to five (5) additional members.
(2) Shall have the duty of communicating with the Corporate Community (both defense
related and non-defense related corporations and organizations, to secure corporate involvement,
sponsorship and support of the United States Marine Corps and Veteran Marines, through the
programs of the Marine Corps League.
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g. National Marine of the Year Society
(1) Composition
(a) The National Marine of the Year Society shall be comprised of all past
recipients of the National Marine of the Year Award in attendance at the Annual Convention.
(b) The Society shall have no less than three (3) members.
(c) Each member must be a member in good standing of the Marine Corps League.
(2) Nominations. A letter of nomination for the National Marine of the Year Award
must be submitted in the following manner:
(a) Letters of Nominations will only be accepted only from a Detachment.
(b) All Letters of Nomination shall contain a statement of certification from the
Detachment Commandant and Adjutant stating the nominee, for National Marine of the Year, was
approved by the detachment by a majority vote. (In the event the nominee is the Detachment
Commandant, the Letter of Nomination shall be signed by the Senior Vice Commandant and the
Adjutant. In the event the nominee is the Detachment Adjutant, the Letter of Nomination shall be
signed by the Detachment Commandant and Senior Vice Commandant).
(c) Each nomination submitted shall be placed in a sealed envelope and addressed
to: "President, National Marine of the Year Society."
(d) Each Letter of Nomination, so addressed, shall then be placed in an envelope
and mailed, Certified Mail/Return Receipt Requested, to: President, National Marine of the Year
Society, c/o Marine Corps League National Headquarters, at their address at that time, and post
marked no later than 20 July, preceding the National Convention, at which the nominee is to be
judged.
(e) The Society will not accept any nominations which was not submitted and/or
received at Marine Corps League National Headquarters as is stipulated herein. (see Enclosure
Four (4)).
(3) Duties. The National Marine of the Year Society shall:
(a) The President of the National Marine of the Year Society shall receive all
Letters of Nomination from the National Chief Operating Officer of the Marine Corps League,
insuring they are all sealed. The letters shall remain sealed until the Society meets at the National
Convention.
(b) Judge each nominee received from the National Chief Operating Officer of the
Marine Corps League.
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(c) Attest by signature of each member of the Society present, that the nominee was
judged.
(d) Return, to the National Chief Operating Officer of the Marine Corps League, in
its respective envelope and sealed, the resume of each nominee.
(4) Responsibilities
(a) The National Marine of the Year Society is responsible for the following:
(1) Presenting the Marine of the Year recipient at the closing banquet of the
Convention.
(2) Presenting the Marine of the Year Award to the recipient at the next
Mid-Winter Staff meeting subsequent to the National Convention.
(b) The Chief Operating Officer of the National Marine Corps League will assist
the National Marine of the Year Society in the following manner:
(1) Accept all nominations which are submitted in accordance with the
requirements of this section.
(2) When the nomination is received at the National Headquarters, the Chief
Operating will ensure the following process will be followed:
- Date received by Chief Operating Officer
- Progressive number in order received
- Initials of the Chief Operating Officer
(3) Deliver to the Society President at the National Convention all nominations
which were received at National Headquarters. The Society will:
- No less than five (5) lines on which the Society members shall attest by
signature that the nomination was considered
- Date the Committee returned the sealed envelope to the Chief Operating
Officer
- Date the Chief Operating Officer (by Certified Mail, Return Receipt
Requested) returned the nomination to submitter
(4) Ordering and purchasing of the Marine of the Year Award.
(c) The National Marine of the Year Society shall meet annually during the
National Convention and may meet during the National Board of Trustees' Mid-Winter Staff
Meeting if necessary.
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(1) No meeting of the National Marine of the Year Society shall be called
during an open session of the Marine Corps League's National Convention or the National Board
of Trustees' Mid-Winter Staff Meeting.
(d) A member in good standing, as used in this section, shall mean a regular
member of the Marine Corps League who is in compliance with Article V of the Marine Corps
League's National Bylaws.
h. Honorary Past National Commandants
(1) The title Honorary Past National Commandant may be awarded by the National
Convention only.
(a) The title Honorary Past National Commandant may be bestowed upon a
Regular Member of the Marine Corps League who has, over an extended number of years,
performed conspicuous service to the Marine Corps League on a National level for the benefit of
all Divisions, Departments, Detachments, and members of the League.
(b) Recommendations shall be made in writing to the National Resolutions
Committee in accordance with their rules, except that the resolution shall be referred to the PNC
Council for review and comment.
(2) Marines, FMF Corpsmen, and FMF Chaplains that have been awarded the title
Honorary Past National Commandant may wear the gold cover with a white crown of a Past
National Commandant, with the lettering "HONORARY PAST NATIONAL
COMMANDANT" and the year awarded inscribed on the right side, parallel to the headband.
(3) An Honorary Past National Commandant is not, by virtue of the title, a member of
any committee or board of the Marine Corps League.
i. Bylaws and Administrative Procedures Committee. Shall receive and consider all
proposed changes of the National Bylaws and Administrative Procedures properly submitted in
accordance with the requirements of the National Bylaws and National Administrative Procedures.
The Committee, by a majority vote, shall either approve or disapprove all properly registered
National Bylaws and Administrative Procedures revisions considered by the Committee. The
Committee Chairman will report the Committee's recommendations to the National Convention
for its consideration and action.
(1) The Committee will be comprised of up to six (6) members and a Chairman.
Section 3110. Advisory Councils and Duties. The Advisory Councils and their duties are as
follows:
a. Past National Commandants’ Council. The Past National Commandants' Council, an
integral part of the National Staff, composed of all Past National Commandants and chaired by the
Junior Past National Commandant, as a collective advisory body, is charged with the responsibility
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of providing assistance to the National Board of Trustees. It shall be the general duty of this
Council to:
(1) As called upon, execute in-depth study tasks as assigned by the National
Commandant or the National Board of Trustees through the Council Chairman.
(2) Pursuant to accomplishing the above responsibilities, they shall develop a proposed
plan, policies, procedures and/or system for recommendation to the National Board of Trustees for
its consideration.
(3) Meet semi-annually during the National Convention and the Mid-Winter Board
meeting, at which a Council report will be rendered.
(4) Can collect or receive donations to support its objectives, i.e., Grave Markers for
deceased Past National Commandants.
b. Department Commandants’ Council. The Department Commandants' Council, an
integral part of the National Staff, composed of all Department Commandants and chaired by the
National Senior Vice Commandant, as a collective advisory body is charged with the
responsibility of providing assistance to the National Board of Trustees. It shall be the general duty
of this Council to:
(1) Study ways and means toward stimulating growth, both in membership and stature
of the Marine Corps League and the enhancement of administrative and command relationship
between the National Headquarters, National Board of Trustees and other components.
(2) Receive and evaluate suggestions and relationships which are oriented to the
improvement of the Marine Corps League, its growth, the enhancement of components, National
Headquarters and the National Board of Trustees.
(3) As called upon, execute in-depth study tasks as assigned by the National
Commandant or the National Board of Trustees through the Council Chairman.
(4) Pursuant to accomplishing the above responsibilities, they shall develop a proposed
plan, policies, procedures and systems for recommendation to the National Board of Trustees for
its consideration.
(5) Meet semi-annually during the National Convention and the Mid-Winter Board
meeting, at the call of the National Senior Vice Commandant, following which a Council
report will be rendered.
Section 3115. Appointed Officers, Chairmen, and Committee Members Term. All
appointed National Officers, Committee Chairmen and Committee Members shall, unless
specified to the contrary in the National Bylaws or Administrative Procedures, serve at the
pleasure of the National Board of Trustees. Appointees shall surrender to the duly appointed
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successor all Marine Corps League books, records and other property with which the office or
person is charged.
Section 3120. National Board Voting. Each National Board Member shall have one (1) vote.
There shall be NO proxy voting. The National Judge Advocate shall abstain from voting on all
matters wherein an official opinion has been rendered by the National Judge Advocate. Between
National Conventions, the National Board of Trustees is empowered to conduct business at any
regular or special meeting, by e-mail, teleconferencing, or telephone.
a. All regular or special business meetings requiring a YES or NO vote shall be handled
routinely by the National Chief Recording Secretary or the National Chief of Staff. The National
Chief of Staff will call each National Board of Trustee’s name for their respective YES or NO
vote. The National Recording Secretary or the designated recorder will record each Board
members vote. If the Board of Trustee is not present, he/she will be listed as not present, did not
vote.
b. All business meetings by teleconferencing requiring a YES or NO vote shall be handled
routinely by the National Chief Recording Secretary or the National Chief of Staff. The National
Chief of Staff will call each National Board of Trustee’s name for their respective YES or NO
vote. The National Recording Secretary or the designated recorder will record each Board
members vote. If the Board of Trustee is not on the teleconferencing call, they will be listed as not
present, did not vote.
c. All business conducted by telephone requiring a YES or NO vote shall be handled routinely
by the National Chief Operating Officer, calling each Board Member, identically stating the
questions to be considered, and asking for a YES or NO vote. The National Chief Operating
Officer may tape record each call and vote. Failure to respond with a vote upon telephone request
shall be recorded as NOT voting.
1. Upon request by a National Board of Trustee Member, a specific time extension may
be granted within which the member must call back to cast the telephone vote, such time extension
not to exceed 24 hours.
2. The National Chief Operating Officer shall make tallies of the telephone balloting,
reflecting results as prescribed for those used in reporting results of email balloting, and shall
email identical copies of the tallies to each National Board of Trustees Member.
d. All business conducted by email requiring a YES or NO vote shall be handled routinely by
the National Recording Secretary or the National Chief of Staff. An email will be generated with
the subject for discussion to all National Board of Trustees Members. If a motion is made, it will be
sent from the person making the motion to “Reply All” in the original message for discussion. A
second Board Member can likewise “Reply All” to second the motion. Any Board Member may
“Reply All” for discussion. Upon having a motion and a second, the National Commandant can
call for a vote using “Reply All” in the email chain. Each Board Member votes YES, NO, or
ABSTAIN by “Reply All” in the email chain. The National Recording Secretary or designated
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representative will tally all votes and “Reply All” with the tally information. If a Board of Trustee
does not respond with a vote within five (5) days, they will be listed as did not vote.
e. The results of each e-mail, teleconferencing and telephone balloting shall be made available
to the National Board of Trustees within five (5) business days after compiling of the vote.
Section 3125. Expenses. The Marine Corps League shall reimburse the National Board of
Trustees (and others as determined by the Board) for expenses incurred in attending the
Mid-Winter National Staff Meeting, provided said expenses do not exceed the amount budgeted in
the National Budget.
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CHAPTER FOUR
Divisions
Section 4000. Formation. To obtain more effective administrative functioning, the United
States is divided into geographical units called Divisions.
Section 4005. Powers. The function of Divisions is administrative only. No Division will
adopt Bylaws or assess dues. Only expenses authorized in advance by the National Board of
Trustees for a Division will be paid by the League. The duties and authority of the National Vice
Commandants of Divisions and the Assistant Division National Vice Commandants are covered in
the National Bylaws, Article VI, Section 625(e) & (f).
Section 4010. Division Alignment. The Divisions of the Marine Corps League are:
a. New England Division Maine, New Hampshire, Vermont,
Massachusetts, Connecticut, Rhode Island
b. Northeast Division New Jersey, New York, Pennsylvania
c. Mideast Division Virginia, West Virginia, North Carolina,
Delaware, Maryland, District of Columbia, Virgin
Islands, Puerto Rico, Saudi Arabia, United Kingdom
d. Southeast Division Alabama, Florida, Georgia, South Carolina,
Mississippi, Louisiana, Tennessee
e. Midwest Division Missouri, Iowa, Kansas, Minnesota, Nebraska,
North Dakota, South Dakota
f. Central Division Michigan, Ohio, Indiana, Illinois, Wisconsin, Kentucky
g. Southern Division Oklahoma, Texas, Arkansas
h. Southwest Division Arizona, California, Nevada, Hawaii, Okinawa
i. Rocky Mountain Division Colorado, Utah, New Mexico, Wyoming
j. Northwest Division Alaska, Washington, Montana, Oregon, Idaho
Section 4015. UNASSIGNED. Constituent units, other than the above, being constituted
outside the Continental United States, shall be under the jurisdiction of the National Board of
Trustees until such time as assigned.
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CHAPTER FIVE
Departments
Section 5000. Formation. A State in which there are three or more Detachments with a
combined membership of sixty (60) or more members may be chartered in accordance with the
National Bylaws, Article VIII, Section 800.
Section 5005. Powers. Whatever power is vested in the National Organization, shall in
corresponding circumstances, be vested in the Department.
Section 5010. Department Dues. The Department Convention shall determine the amount of
Department per capita dues. All per capita dues and monies which are due to the National
Headquarters from a Department shall be forwarded immediately.
Section 5015. Installation of Department Officers
a. The Installing Officer must be the National Commandant, an elected National Officer,
a Past National Commandant, the Department Commandant or a Past Department Commandant.
The Installing Officer shall select the necessary aides.
b. It shall be the responsibility of the Installing Officer to sign, date, and forward the
installation report, within the time frame as specified in Article VIII of the National Bylaws. (See
Enclosure Five (5) for instructions on completing the Report of the Officers and Installation.)
Section 5020. Default. When a Department is in default of payment of monies from any source
due National Headquarters or fails to submit its Department Officers Installation Report as of July
31, prior to the ensuing National convention, such fact shall be reported by the National
Comptroller to the National Convention Credentials Committee. The Department and its officers
who do not comply with AP Chapter Two, Section 2025c will not be recognized at the National
Convention.
Section 5025. Charter Suspension, Revocation. When a Department Charter is suspended or
revoked, the National Board of Trustees upon written authorization by the National Commandant,
certified by the National Chief Operating Officer, shall have the authority to assume the custody of
all of the affected Department assets, both real and personal. These properties and assets shall be
turned over to the National Chief Operating Officer. The affected properties and assets will
devolve to the control of the National Board of Trustees until a new Department is formed at which
time the affected properties and assets revert to the newly formed Department.
Section 5030. Bonding. Department Commandants, Department Adjutant/Paymasters or
Paymasters, as applicable and Officers authorized by the Department Commandants to handle
Department funds will be Bonded by a commercial crime policy paid for and administered by the
National Organization. The bond limit will be in the amount of $10,000.00 with a deductible of
$1,000.00. The Department at the expense of the Department shall arrange any additional
bonding coverage desired for Department Officers.
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CHAPTER SIX
Detachments
Section 6000. Charter. A Detachment may be organized, chartered and instituted in the
following manner:
a. A standard charter application form shall be signed by no less than twenty (20) persons
who are eligible for regular membership in the Marine Corps League. (See National Bylaws
Article IX, Section 900
(1) No charter application shall include the name of a person who is not eligible for
regular membership as is required by Article IX, Section 900 of the National Bylaws.
(2) No charter application shall include the name of a current member of an existing
Detachment who has not received the approval of transfer as is required in Chapter Seven, Section
7005 of the National Administrative Procedures. Any individual who signs the charter application
who is currently a regular member of the Marine Corps League, either as a Member-at-Large or as
a regular member of an existing Detachment must provide a Request for Transfer Form (See
Chapter Seven, Section 7005 of these Administrative Procedures), to be attached to the charter
application. In the case of a regular member seeking to become a Dual Member in the new
detachment, they must be shown on the membership dues transmittal form as a NEW DUAL
MEMBER.
(a) Only the first part of the Request for Transfer Form will be completed for
Members-at-Large. The first and second parts will be completed for regular members of an
existing detachment. The third part is not required for charter application purposes.
(3) The charter application form must be accompanied by a completed membership
dues transmittal forms (See enclosure 6 of these Administrative Procedures) listing all persons
signing the charter application and must include the required Department and National per capita
dues and fees for each new member.
(a) The dues and fees shall be paid with a separate remittance check for the
applicable dues and fees due to the Department (if any) and National.
(4) The Organizing Officer will sign both the Charter Application and the Membership
Dues Transmittal forms.
(5) When accurately completed, both the charter application and the dues transmittal
forms shall be forwarded to the jurisdictional Department Paymaster (Paymasters as used in this
Chapter shall also mean Adjutant/Paymaster when both duties are performed by the same person)
(if any and if no Department has been formed, to the appropriate National Division Vice
Commandant), who shall ascertain that all persons who have signed the charter application are
listed on the dues transmittal forms) and that all necessary transfer forms are attached to the charter
application. He/she shall also ascertain that the proper dues have been submitted. The Department
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Paymaster (if any and if none, the National Division Vice Commandant) shall remove the
appropriate copy of the charter application and dues transmittal forms), accept the appropriate
Department dues (if any) and shall certify to the Department Commandant that he/she has
reviewed the charter application form and dues transmittals and that to the best of his/her
knowledge and belief such forms are accurate and all dues paid. If the charter application and/or
dues transmittal forms are not complete or accurate, the Department Paymaster shall immediately
notify the organizing officer for such corrections as may be necessary. Review of charter
applications and related documents shall be handled in as expeditious manner as possible.
(6) Upon review, if accurate and all dues have been received, the Department Paymaster
shall immediately forward the charter application and remaining copies of the dues transmittal
forms along with a check for National Dues [hereinafter "application packet"] to the jurisdictional
Department Commandant. The jurisdictional Department Commandant shall review the
application packet and shall indicate his/her approval or disapproval thereon over his/her
signature. The jurisdictional Department Commandant shall then immediately forward the
application packet to the appropriate Division National Vice Commandant.
(7) The Division National Vice Commandant shall review the application packet and
shall indicate thereon either approval or disapproval over his/her signature and expeditiously
forward the application packet to the National Commandant at National Headquarters for
processing.
(8) If either the Department Commandant or the Division National Vice Commandant
recommend that the charter not be approved, such officer shall provide a detailed written
explanation for the recommendation not to approve the charter, which explanation shall be
forwarded with the application packet to the National Commandant.
b. Upon receipt of an application, the National Commandant shall review the application and
accompanying recommendation(s) and may approve or disapprove such application. If approved,
the National Commandant shall grant such Charter. The Charter shall be signed by the National
Commandant, countersigned by the National Chief Operating Officer, the appropriate Division
National Vice Commandant and the Department Commandant where a Department exists. There
shall be affixed to each Charter the official seal and ribbon of the Marine Corps League.
(1) National Headquarters shall provide each new Detachment with one (1) copy of the
current Ritual and two (2) copies of the current and up-dated National Bylaws and one copy of the
Guidebooks for Detachment Officers. These documents shall be mailed to the Jurisdictional
Department Commandant simultaneously with forwarding the new Charter to the Jurisdictional
Division National Vice Commandant for signature. The jurisdictional Department Commandant
or his/her designee shall insure that the documents are delivered to the possession of the new
Detachment.
c. The Charter shall be presented with an appropriate ceremony at an open public meeting.
d. Each new Charter, before framing, shall be signed by each member who signed the charter
application.
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e. Failure of the Department Paymaster, Department Commandant or the National Division
Vice Commandant to act with promptness in processing and forwarding an application for a
Charter, or signing a Charter as outlined above in this section, shall make such Officer liable to
disciplinary action as set forth in Chapter Nine of these Administrative Procedures if such failure is
brought to the attention of the National Board of Trustees.
f. Under special consideration, a Detachment Charter may be issued to less than twenty (20)
applicants by the National Commandant if a recommendation for approval is made to the National
Commandant by the Department Commandant and/or Division National Vice Commandant. A
Charter issued under this provision is subject to all requirements of the National Bylaws, Article
IX, Section 900.
Section 6005. Authority. Each Detachment shall be governed by its elected officers (Board of
Trustees) subordinate to the Department and National Convention, the Charter and the Bylaws and
Administrative Procedures of such bodies including such bylaws and procedures as it may itself
promulgate which are not in conflict with either National and/or Department Bylaws and
Administrative Procedures.
Section 6010. Dues. Each Detachment shall fix the amount of its annual membership dues.
Annual dues shall include the Department and National per capita dues and fees. All per capita
dues and fees which are due the Department and/or National Headquarters shall be forwarded with
a standard transmittal form immediately to the Department Paymaster for processing (see
Enclosure Six (6)). The Department Paymaster shall immediately remit to the National Chief
Operating Officer those transmittal forms and such funds which are due to the National
Headquarters.
Section 6015. Installation of Detachment Officers
a. The Detachment Commandant elect shall select an Installing Officer of his/her choice.
Such information shall be forwarded to the Department Commandant.
b. The Installing Officer must be the National Commandant, an elected National Officer, a
Past National Commandant, the Department Commandant, an elected Department Officer, a Past
Department Commandant, the Detachment Commandant or a Past Detachment Commandant.
c. It shall be the responsibility of the Installing Officer to sign, date and forward the Report
of Officer Installation within the time frame specified in Article IX (9), Section 9040 of the
National Bylaws. (See Enclosure Five (5) "Report of Officer Installation" Form.)
Section 6020. Quorum. Each Detachment may fix the minimum number of members required
to be present for the transaction of business, such number shall be stated in the Detachment
Bylaws.
Section 6025. Default. A Detachment which is in default of monies from any source due
National and such debt has not been satisfied as required by National Administrative Procedures,
Chapter II, Section 2025(c) or fails to report its Detachment's Report of Officers and Installation as
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of June 30 prior to the National Convention such fact shall be reported to the National Convention
Credentials Committee, such Detachment and its Officers will not be recognized on the floor of the
National Convention.
Section 6030. Members
a. Each Detachment shall be the sole judge of its membership, providing said person meets
the requirements of National Bylaws Article V, Section 515. No Detachment, however, may
accept as a member any person who is currently incarcerated or on supervised probation for any
felony conviction or any misdemeanor conviction which has resulted in incarceration of more than
two years and who is currently incarcerated or serving active probation as a result of a sentence
imposed by any court of competent jurisdiction. No Detachment may accept for membership any
person who has been convicted of a crime where the victim is a child. No Detachment shall accept
for membership any person whose name has been stricken from the rolls of the Marine Corps
League.
b. Once accepted as a member in good standing by the Detachment membership, that
member may not be removed from the Detachment's roll except for cause (Chapter 9,
Administrative Procedures) or by that member requesting transfer (Chapter Seven, Section 7005,
National Administrative Procedures).
c. An Associate Member in good standing in a Detachment who subsequently qualifies as a
Regular Member as set forth in Article V, Section 515(b) of the National Bylaws, upon vote of the
detachment to accept such associate member as a regular member, shall be transferred from
Associate membership to Regular membership by forwarding the standard "Request for Transfer"
form as set in Chapter Seven, Section 7005 of the National Administrative Procedures clearly
indicating on such form that it is a transfer from Associate to Regular membership. In the event
that the Detachment votes not to accept an Associate Member as a Regular Member, such
Associate Member may request transfer to any other detachment who agrees to accept him as a
regular Member or shall be transferred to Member-At-Large status by completing the standard
transfer form as set forth in Enclosure Seven to the National Bylaws and Administrative
Procedures.
Section 6035. Bonding. Detachment Commandants, Detachment Adjutant/Paymasters or
Paymasters, as applicable and Officers authorized by the Detachment Commandants to handle
Detachment funds will be bonded by a commercial crime policy paid for and administered by the
National Organization. The bond limit will be in the amount of $10,000.00 with a deductible of
$1,000.00. The Detachment at the expense of the Detachment shall arrange any additional
bonding coverage desired for Detachment Officers. In accordance with the terms of the League's
Commercial General Liability Policy, the "Coverage Territory" includes the United States of
America (including its territories and possessions), Puerto Rico and Canada. The same holds true
for the Bonding Policy. Existing off-shore Detachments and all newly forming off-shore
Detachments will be responsible for securing their own Commercial General Liability Policy and
Officer Bonding Policy. The Marine Corps League Inc. must be named as an "Additional
Insured" in each policy and must also be "Held Harmless" in an addendum to such policies. A
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"Summary of Coverage's" and a copy of the policies must be submitted to National Headquarters
annually by all off-shore Detachments indicating that the referenced insurance policies are current.
Section 6040. Additional Detachment. When a Charter is sought for a Detachment which is to
be located within the limits of any municipality wherein another Detachment exists, the written
consent of the existing Detachment shall accompany the application. Should such existing
Detachment disregard a request for consent, or refuse consent, the Department Commandant,
employing discretion, may approve and recommend the granting of such charter. In the event the
Department Commandant fails to act or refuses approval of the proposed new Detachment, an
appeal may be made to the National Board of Trustees for its consideration and action. The action
of the National Board of Trustees shall be conclusive.
a. Municipality - from Black's Law Dictionary:
"A municipality is a legally incorporated association of inhabitants of limited area for local
governmental or other public purposes. It has to have publicly designated boundaries."
Section 6045. Charter Suspension, Revocation
a. The charter of a Detachment may be suspended or revoked for:
(1) The persistent failure to maintain a minimum of fifteen (15) members in good
standing;
(2) The persistent failure to promptly forward funds due to the National body;
(3) Acts and conduct bringing the Marine Corps League into public disrespect;
(4) Willful violation of National Bylaws and Administrative Procedures;
(5) The violation of Federal, State, or Municipal laws or ordinances;
(6) Other activities detrimental to the good name of the Marine Corps League.
b. The suspension or revocation of charters may be consummated by a Department Board of
Trustees and/or the National Board of Trustees and shall be implemented in accordance with the
provisions of the National Bylaws and Administrative Procedures in a manner considerate of the
well-being and good name of all concerned.
c. When a Detachment Charter is suspended or revoked, the Board of Trustees of the
jurisdictional Department, or where a Department is non-existent, the jurisdictional National
Division Vice Commandant shall upon written authorization of the National Commandant,
certified by the National Chief Operating Officer, assume custody of such Detachment's assets and
liabilities. The Board of Trustees of the jurisdictional Department shall, within the limits of such
assets, satisfy the liabilities of the Detachment in question. However, if a jurisdictional
Department is non-existent, the responsibility for satisfying the outstanding liabilities shall
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devolve to the National Board of Trustees upon receiving, from the jurisdictional National
Division Vice Commandant, such assets and liabilities which are in his custody.
d. The Detachment properties and assets will be held by the Department for a period of one
(1) year or until a new Detachment is formed. Should a new Detachment be formed during that
period, and the new Detachment retains the old Detachment name, ALL properties and assets will
be returned. After the one (1) year, the properties and assets will revert to the Department. The
Charter will be returned to National Headquarters and placed in the archives. All assets will then
become the property of the Department. All ceremonial rifles must be accounted for per issuing
regulations (Title 10, US Code 2572), either physically or through police/fire reports.
e. The Department would ensure the currant membership of the Detachment would be
distributed to the closest Detachments pending the approval of the accepting Detachment. The
accepting Detachment would have 30 calendar days to approve member(s). Once approved the
members in question will have 30 calendar days to decline the transfer at which point the transfer
will be approved or, if declined by either party, the member(s) will then be moved to the National
Members-at-Large roster.
Section 6050. Charter Voluntary Surrender
a. The Charter of a detachment may be voluntarily surrendered for such reasons as may be
determined by the Detachment. Upon a determination that it is no longer practical to maintain said,
detachment, the Detachment Board of Trustees shall immediately notify its jurisdictional
Department, or if a jurisdictional Department is non-existent, its National Division Vice
Commandant in writing of its intent to dissolve and surrender its Charter. The Detachment shall
then:
(1) Call a Special Meeting of the detachment by giving written notice of such special
meeting to all members of the detachment at least fourteen (14) days prior to such Special Meeting.
If the regular meeting date of the detachment is to be used for the Special Meeting, the aforesaid
written notice must still be given to all detachment members at least fourteen (14) days before the
regular meeting date.
(2) Upon consideration of the voluntary surrender of the detachment charter by the
detachment, if it shall be determined that the detachment charter shall be voluntarily surrendered
and there is not a minimum of fifteen (15) members of the detachment who remain ready, willing,
and able to carry on the detachment, then:
(a) The Detachment shall immediately notify, in writing, the jurisdictional
Department, or where such Department is non-existent, the jurisdictional National Division Vice
Commandant, of the Detachment's vote to voluntarily surrender its Charter.
(b) The Department would ensure the currant membership of the Detachment would
be distributed to the closest Detachments pending the approval of the accepting Detachment. The
accepting Detachment would have 30 calendar days to approve the member(s). Once approved the
members in question will then have 30 calendar days to decline the transfer at which point the
2019 NATIONAL ADMINISTRATIVE PROCEDURES
9 Aug 2019 AP 6 - 7
transfer will be approved or, if declined by either party, the member(s) will then be moved to the
National Members-at-Large roster.
(c) The Detachment shall, to the extent assets are available, satisfy all legitimate
liabilities of the Detachment prior to voluntary surrender but shall not otherwise dissipate any
assets of the Detachment other than the normal course of business of the Detachment.
(d) Upon acceptance of the surrender of its Charter, if the Detachment is
incorporated, the Detachment shall take such action as is deemed appropriate to properly dissolve
the corporation in accordance with applicable state law.
(3) No surrender of a Detachment charter shall be deemed effective or accepted until all
members of the Detachment have been appropriately transferred.
b. Upon acceptance of the surrender of the Detachment charter by the jurisdictional
Department, or where such Department is non-existent, by the jurisdictional National Division
Vice Commandant, such jurisdictional Department or jurisdictional Division National Vice
Commandant shall upon written authorization of the National Commandant, certified by the
National Chief Operating Officer, assume custody of such Detachment's assets and liabilities. The
Board of Trustees of the jurisdictional Department shall, within the limits of any assets of the
Detachment, satisfy any remaining liabilities. However, if a jurisdictional Department is
non-existent, the responsibility for satisfying the outstanding liabilities shall devolve to the
National Board of Trustees, within the limits of any assets received from the jurisdictional
Division National Vice Commandant of said Detachment.
c. After satisfying the legitimate liabilities of the surrendering Detachment, any Detachment
properties and assets will be held by the jurisdictional Department for a period of one (1) year or
until a new Detachment is formed during that period. Should a new Detachment be formed during
that period, and the new Detachment retains the old Detachment's name, all properties and assets
will be returned to the Detachment upon the written authorization of the National Commandant,
certified by the National Chief Operating Officer, approving the reactivation of the surrendered
charter. After the one (1) year period, the properties and assets will revert to the jurisdictional
Department and will then become the property of the jurisdictional Department. The jurisdictional
Department shall return the surrendered Detachment charter to National Headquarters which
charter shall then be placed in the archives. However, if a jurisdictional Department is
non-existent, the National board of Trustees shall hold any Detachment properties and assets
subject to the same terms and conditions as set forth above for a jurisdictional Department except
that at the end of the one (1) year period, the Detachment properties and assets shall revert to
National Headquarters and will then become the property of National.
d. All ceremonial rifles must be accounted for and disposed of by the surrendering
Detachment as set forth in the issuing agreement and regulations (Title 10, United States Code,
Section 2572), either physically or through police/fire reports of any weapon not currently in the
Detachment's possession.
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CHAPTER SEVEN
Members
Section 7000. Initiation. All applicants acceptable for membership in the Marine Corps
League shall be properly obligated in accordance with the Ritual and be presented the official
membership card and lapel pin of the Marine Corps League; however, in a case where the
applicant is unable to attend an obligation ceremony, said applicant shall be required, by signature
on membership application, assume the obligation of membership.
Section 7005. Membership Transfer. Any member in good standing may transfer from one
Detachment to another, without payment of additional dues or transfer fees, upon his application to
and approval of the gaining Detachment and of the losing Detachment. (See enclosure seven (7)).
a. Members-At-Large must be certified as members in good standing by the National Chief
Operating Officer.
b. The losing Detachment, upon receipt of a member's request for transfer, must process this
request within thirty (30) days. If the request is approved, this action is noted on the request for
transfer and appropriate copes are forwarded to the gaining Detachment. If the request for transfer
is disapproved, the Detachment must note this action on the request and notify the member making
the request. Copies are then forwarded to the losing Detachment's Judge Advocate and Department
Judge Advocate for their files.
c. The gaining Detachment, upon receipt of a member's request for transfer, will vote on
whether or not they will accept the member's request for transfer into their Detachment. This vote
must take place within thirty (30) days of receipt of the request form. If the request for transfer is
disapproved, the Detachment must note this action on the request and notify the member making
the request. Copies are then forwarded to the gaining Detachment's Judge Advocate, the losing
Detachment's Judge Advocate and the Department Judge Advocate for their files.
Section 7010. Death of a Member of the Marine Corps League
a. Upon notification of the demise of any member, the Detachment Chaplain shall:
(1) Immediately contact the family of the deceased member for the purpose of offering
any assistance and presenting expressions of condolence.
(2) Without delay, report the death of the member directly to both the National Chaplain
and Department Chaplain (if applicable). The report will cite the full name of the deceased, name,
address, and phone number of next of kin (if applicable), and any known funeral arrangements.
(3) Utilize the "Notice of Death" form. See AP Enclosure (8) or the forms are available
from National Headquarters or the MCL National website. This form will be in four parts: Detach
and retain the bottom copy. Forward the balance to the Department Chaplain. The Department
Chaplain will retain the bottom copy and forward the balance to National Headquarters "ATTN:
Membership". National Headquarters will forward a copy to the National Chaplain.
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b. It shall be the duty of all members of the Marine Corps League who are not prevented by
distance or unavoidable cause to attend the funeral services of a deceased member. To this end, the
Detachment Commandant with assistance of the Detachment Chaplain and Adjutant/Paymaster
shall develop a plan to notify Detachment members in a timely manner.
Section 7015. Membership
a. Honorary Active Duty Member. Detachments, Departments and the National
Headquarters may, at the discretion of the respective Commandant, issue Honorary Membership
to Active Duty Marines, FMF Corpsmen and Navy Chaplains, free of charge, for the entire tour of
their active military duty. These Honorary Active Duty Members will be entitled to the rights,
privileges and benefits available to a Regular Member, except for receipt of the official printed
publication but will be eligible to obtain a copy of the official publication on line at no charge. In
addition, members in this category will not be counted as an eligible voting delegate member in
accordance with these Administrative Procedures, Chapter Two, Section 2025, nor will this
category of membership be eligible to hold an elected office in the Marine Corps League.
b. Corporate Member. There will be four types of Corporate Membership based on the
amount of the donation.
(1)
Corporate Member will receive a handsome Corporate Membership Plaque.
(2) Corporate Members' names will appear in the authoritative Marine Corps League
Publication.
(3) Complimentary Subscription to the Marine Corps League Publication.
(4) A Corporate Membership Lapel Pin will be presented to the Director of the
participating Corporation. (Additional lapel pins, up to five, will be presented to the Director of the
participating corporation. (Additional lapel pins, up to five, will be presented to the Corporation
upon request).
(5) The corporate membership program will be operated in full compliance with the
Internal Revenue Service (IRS) regulations in regard to the Marine Corps League non-profit status
and rules governing fund raising. Corporate Membership will be restricted in states where such
transactions/solicitations are inconsistent with local statutes.
Coat
Annual Renewal Fee
$1,000.00
20% of original membership cost
$ 2,000.00
20% of original membership cost
$ 5,000.00
20% of original membership cost
$10,000.00
(one time) None- Lifetime Member
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(6) All funds from the Corporate Membership Program will be deposited into the
Marine Corps League General Fund. A double entry system will be comprised with the operating
funds used for the payment of all expenses from the legitimate percentage lesser side of funds
deposited. All payments of expenses shall be monitored by the National Comptroller, in
accordance with the Administrative Procedures, Chapter Three, Section 3025.
(7) The distribution of the larger percentage side of the funds derived from the
Corporate Membership Program will be determined by the League members present at the
National Convention.
Section 7020. Membership Application. Any person eligible for membership in the Marine
Corps League under the provisions of the National Bylaws and Administrative Procedures of the
Marine Corps League may initiate application for membership by completing a standard
application form to include the signature and presenting the application to a sponsoring member of
the League with all required dues and fees. As an alternative, the applicant may mail a completed
and signed standard application form to the National Headquarters with all required dues and fees.
Add the following question to the application for Membership with a Yes___ or No___ checkbox.
This would be added on the line following Type of Application -
New ( ), Renewal, ( ), Phone ( )
"Have you ever been convicted of a felony? YES __ NO __If yes is checked, I agree to waive my
rights under the Privacy Act and disclose the nature of the felony conviction for consideration of
membership in the Marine Corps League."
a. The standard application form published by the National Headquarters shall include the
requirement for completion of identifying information, date, administrative data as may be
considered appropriate, a signature, and the following printed certification:
Administrative Change -"I hereby certify that I am currently serving or have served honorably in
the United States Marine Corps, "ON ACTIVE DUTY," for not less than ninety (90) days and
earned the Eagle, Globe and Anchor;* or have served or am currently serving in the United States
Marine Corps Reserve and have earned no less than ninety (90) Reserve Retirement Credit Points;
or that I have served or am currently serving as a U.S. Navy Corpsmen who has trained with
Marine FMF Units in excess of ninety (90) days and earned the Marine Corps Device (clasp) or the
Warfare Device worn on the Service Ribbon, authorized for FMF Corpsmen; or have served or are
currently serving as a U. S. Navy Chaplain and have earned the FMF Badge serving with Marines;
If discharged, I am in receipt of a DD Form 214 or a Certificate of Discharge indicating
"Honorable Service". ("Honorable Service" will be defined by the last DD Form 214 or Certificate
of Discharge that the applicant received). General Discharge under Honorable Conditions is
acceptable. By signature on this application, I hereby agree to provide proof of honorable
service/discharge upon request. I hereby authorize the National Chief Operating Officer, Marine
Corps League to obtain an un-redacted copy of my latest DD Form 214 from the Marine Corps
custodian of Official Military Personnel Files (OMPF), and/or verification of honorable service if
deemed necessary to verify my eligibility for regular membership in the Marine Corps League. I
understand the DD Form 214 may contain information such as military awards, training, and
character of service.
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b. The standard application form received by a member-sponsor shall be turned in to the
Detachment official designated to receive such applications, along with all dues and fees, as soon
as practicable, but not later that the next regularly scheduled meeting of the Sponsor's Detachment.
c. The Detachment Adjutant shall read and record the application at the proper time, stating
all pertinent data including name of sponsor, and clearly state that the required dues and fees have
been verified and are in the possession of the Detachment staff. The Detachment
Adjutant/Paymaster must include the original signed application form with the
Membership Transmittal Form when forwarding the Transmittal to National
Headquarters. (If deemed necessary, a COPY of the application may be kept on file at the
Detachment level) (No applicant shall be present for that portion of the meeting in which the
application is being considered.)
d. The acceptance of applicants to membership in a Detachment is the sole province of the
Detachment.
e. In cases where an applicant is rejected for membership, all monies received from the
affected applicant shall be returned to such applicant by the sponsoring member.
Section 7025. Membership Dues and Fees. The payment of annual National Membership
dues entitles all members in good standing an automatic subscription to the Marine Corps League
publication, and enrollment privileges in any National Group Insurance Programs that may be in
effect.
a. The National annual per capita dues and fees shall be recommended by the Budget and
Finance Committee at the Mid-Winter National Staff Meeting and require approval by the
delegates at the National Conventions, provided that the general membership has been advised, in
writing, of the proposed dues amount not less than sixty (60) days prior to the convening of the
convention. An announcement in the Marine Corps League Magazine, Summer Issue, will
suffice as written notification.
b. An initiation fee shall be recommended by the Budget and Finance Committee. The
initiation fee shall be as is approved by the delegates at the National Convention. The fee shall be
collected for each new member in addition to the annual National dues. Each new member shall be
provided an official membership lapel button which shall be provided by National Headquarters.
c. All of the National membership dues and fees which are due National Headquarters are in
addition to the dues of a Detachment and a Department which are authorized under the provisions
of the Administrative Procedures, Chapter Five, Section 5010 and Chapter Six, Section 6010.
d. The membership year and the annual dues shall expire on the 31st day of August of each
year. New members joining the MCL between 1 July and the last day of February will pay the full
amount of the current National Dues + $5.00 Initiation fee and will have a membership expiration
date of the following year (13 or 14 months). New members joining between 1 March and 30 June,
will pay ½ half the current National Dues + $5.00 Initiation fee. The Current Annual renewal rate
will be due on the 31st day of August of each year.
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Section 7030. Good Standing. All members shall be considered in good standing in the
Marine Corps League.
a. Except when:
(1)
Required dues are not paid, and transmitted, on or before membership expiration
date as is shown on the member's card.
(2) A member is indebted or in arrears to the member's Detachment, Department, or to
National Headquarters.
(3) Under suspension as punishment upon the adjudication of guilt as is provided in
Chapter Nine, Section 9010 of the Administrative Procedures.
b. In all cases involving the transfer of a member of a Detachment, the losing Detachment
approving of the transfer shall certify in writing if the transferring member is in good standing.
(See Enclosure Seven (7) Administrative Procedures).
Section 7035. Delinquent Member. A member shall be identified as delinquent whenever the
member's dues are not paid and transmitted on or before membership
expiration date as shown on
member's card.
a. Such member shall be retained in the delinquent status for a maximum one year, during
which time the member may erase this status by making payment of all dues in arrears and all dues
current and provided that the member is not indebted to the member's Detachment, Department, or
to National Headquarters.
b. Should the affected member remain in the delinquent status in excess of one year, such
member shall be dropped from all membership rolls. The member may be restored to "good
standing" status through the processing of a standard application form as a renewing member and
forward the applicable renewal fee as currently established. Initiation fees are no longer
applicable to delinquent members. A member who is delinquent and wishes to retain the
"continued membership status" shall do so by submitting the standard application form which shall
be accompanied by ALL past dues which have accumulated during the entire period of the
applicant's delinquent status.
c. No delinquent member may be transferred.
Section 7040. Ineligible Member
a. If the there is reason to believe a member of the Marine Corps League does not meet the
qualification to be a member, this (these) reason(s) must be submitted in writing, to the
Detachment Commandant who will require the Detachment Judge Advocate to investigate the
charge as presented.
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b. If the Detachment Judge Advocate determines that the member does not have the
necessary qualifications to be a member, the Detachment Judge Advocate will present a written
report of his/her investigation with a draft of a disciplinary charge to the members of the
Detachment. Any member of the Detachment may make a motion for disposition of the proposed
disciplinary charge. If a motion to file a charge with the Department Judge Advocate is adopted,
the Detachment Judge Advocate will file the charge in accordance with NAP Section 9000.
c. If the person to be investigated is the Detachment Commandant, the request will be
given
to the Detachment Senior Vice Commandant.
d. If the person to be investigated is the Detachment Judge Advocate, the Detachment
Commandant will appoint a Past Detachment Commandant to hold the investigation.
Section 7045. Members-at-Large. Any person desirous of joining the Marine Corps League
may make application on a standard application form accompanied by the application fees as
established by the delegates at National Convention, direct to National Headquarters or by
presenting the application to a Regular Member of the Marine Corps League. All applicants who
submit applications on line or via mail for Regular Membership as a Member-At-Large must
include a DD-214 that includes nature of discharge, establishing their eligibility for Regular
Membership as set forth in the National Bylaws, Article V, Section 500. Applications for
Member-At-Large will not be accepted for Associate Membership; however, current Associate
Members in a detachment may make a transfer request to Member-At-Large.
The National Chief Operating Officer at National Headquarters shall be the sole judge of the
membership classification of Members-At-Large, once he/she is in receipt of and has verified the
appropriate documentation (outlined above). If it is determined that the applicant is eligible for
Regular Membership, the National Chief Operating Officer will cause the Member to be processed
in as a Regular Member. If it is determined the applicant is not eligible, the National Chief
Operating Officer will notify the applicant they do not qualify. Applications for Member-At-Large
Regular membership submitted "in person" to National Headquarters or to any Regular Member of
the League will be treated in the same manner as any applicant seeking to join a Detachment. Proof
of eligibility should be requested in any instance where uncertainty exists.
a. Effective on the renewal date, subsequent annual dues of Members-At-Large as
established by the delegates all the National Convention, shall be remitted to National
Headquarters.
b. A member who is in good standing in a Detachment may become a Member-At-Large
(M-A-L) in the following manner;
(1) The Member submits a Request for Transfer (see Enclosure Seven (7)) with Section
1 completed, and instead of a desired Detachment, the "or to M-A-L status" will be checked.
(2) The Detachment Paymaster (or Adjutant/Paymaster) submits the Request for
Transfer with Section 2 completed by the Detachment Commandant, on a Dues Transmittal via the
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jurisdictional Department Paymaster (or Adjutant/Paymaster), who forwards the Request to
National Headquarters.
(3) Upon approval at National Headquarters of the Request for Transfer to M-A-L
status, the Department and National Headquarters shall remove the name of the Member from the
Detachment Membership Roster. National Headquarters shall carry the Member on its
Membership Roster as a Member-At-Large.
(4) A Detachment from which a Paid Life Member resigns shall no longer be eligible to
participate in the life interest distribution on behalf of said Paid Life Member; however, should the
Paid Life Member thereafter become affiliated with a Detachment, such Detachment shall be
eligible to participate in the life interest distribution of said Life Member.
(5) For the purpose of this subsection, a "member in good standing” shall mean a
member as described in the Administrative Procedures, Article Six, Section 6030.
c. A Member-At-Large is eligible to affiliate with a Detachment or sign the application for a
Charter without further payment of a fee or dues; provided said member is in good standing at the
time of affiliation or the charter is issued. A Detachment which accepts a Member-At-Large shall
submit a Request for Transfer attached to a Dues Transmittal via the jurisdictional Department
Paymaster (or Adjutant/Paymaster) to National Headquarters requesting that said member be
transferred from a Member-At-Large status to member status of the Detachment.
d. In any case in this section where a jurisdictional Department does not exist, the
Detachment will submit the forms directly to National Headquarters.
Section 7050. Life Members. Regular or Associate Members of the Marine Corps League who
are in good standing (as defined in the National Administrative Procedures, Section 7030 - GOOD
STANDING - All members shall be considered in good standing in the Marine Corps League, (a)
except when: (1) Required dues are not paid, and transmitted, on or before expiration date as is
shown on the member's card, may become a LIFE MEMBER, upon proper payment of the fee, as
is required herein. A LIFE MEMBER shall be subject to the payment of NO further dues to that
Detachment, Department, or National. Such member shall have all the privileges, rights, and
benefits enjoyed as a member so long as that LIFE MEMBER shall live. Should a Marine Corps
League member choose to become a member in multiple Detachments, they must become a
member in good standing by paying Annual dues and then Life Membership dues in each
additional Detachment, if they so desire. The Life Membership fee shall be as established by the
National Convention.
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a. The full Life Membership fee shall be paid to National Headquarters with no discounts, no
rebates, and no installment plan, whether such fee is paid by the individual or awarded
b. National Headquarters shall retain fifty percent (50%) of the LIFE MEMBER fees
received, which will be designated for the General Fund. The remaining sum shall be placed in
investments that are secure and are intended to produce maximum income with minimum risk.
c. An amount of four and one-half percent (4.5%) of the average Fiscal Year ending balance
of the Life Member Fund for the trailing three-year period ending 30 June shall be distributed as
follows:
(1) Commencing with the beginning of the fiscal year of the second anniversary year,
and each subsequent July 1st anniversary year of all participating LIFE MEMBERS on the active
rolls of the Marine Corps League, the LIFE MEMBER'S Detachment, Department, and National
Headquarters will share proceeds derived above based on the ratio of 1/3 to Detachment, 1/3 to
Department, and 1/3 to National Headquarters (General Fund). In a case where the LIFE
MEMBER does not belong to a Detachment or a Department, the proceeds which would be due to
the Detachment or the Department will accrue in its entirety to National Headquarters (General
Fund).
(2) Prior to above stated second anniversary year of a LIFE MEMBER'S
participation, no interest will be distributed for that LIFE MEMBER.
(3) Using 1 and 2 above as a firm base for departure, if at any time the ratio of interest
realized from this fund should exceed thirty dollars ($30.00) per annum, per participant, the
portion over that thirty dollars ($30.00) shall be returned to the blocked fund to further augment the
growth of the principal.
(4) Progressively, should at any time the ratio of interest realized from this fund exceed
forty-five dollars ($45.00) per annum, per participating Life Member, that portion over the
forty-five dollars ($45.00) shall be distributed through the General Fund as follows: Twenty-five
percent to the General Fund to offset increased costs of operations and seventy- five percent to
support the Scholarship Fund.
(5) Should a participating LIFE MEMBER die, resign his/her membership or be
expelled from the Marine Corps League, the members quota of interest division shall terminate.
Age Category
MCL 2014
0-35
$500.00
36 40
$400.00
41-50
$400.00
51-64
$300.00
65- over
$200.00
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d. When a participating LIFE MEMBER dies, resigns his/her membership or is expelled
from the Marine Corps League, the "unused" portion of the member's original investment in Life
Membership shall remain in the blocked fund. NO REFUND shall be made to the survivors, the
former member, nor to his/her Department or Detachment.
e. When a Department or Detachment which awards a Life Membership or wishes for the
Awardee to become a National LIFE MEMBER, it is necessary for the Detachment or
Department to pay to National Headquarters the participating fee stated herein, and the LIFE
MEMBER and the Detachment or Department would be participants.
f. National Headquarters shall keep, in a separate non-participating file, all those present
LIFE MEMBERS who have received such Life Membership as an Award as well as all future
National Awardees.
g. All Past National Commandants, all Past National Adjutant/Paymasters and all Medal of
Honor recipients who are members of the Marine Corps League, shall be carried on the rolls on the
National, Department, and Detachment as paid up LIFE MEMBERS of the Marine Corps League
(nonparticipating).
h. LIFE MEMBER Interest:
(1) Determine the number of GROSS PLM PARTICIPANTS: (GPLM = Last PLM #
issued - #173 and prior)
(2) Determine the number of DECEASED PLM PARTICIPANTS: DPLM
(3) Determine the number of NEW PLM PARTICIPANTS: NPLMP
(4) Determine the GROSS ANNUAL INTEREST AVAILABLE from total blocked
fund: GAIE
(5) Formula for computations:
GLMP-DPLM-NPLM = ED Eligible for Distribution
GAIE/ED = GD (Gross Distribution per PLM)
GAIE/ED*.334 =NATS
GAIE/ED*.333 =DPTS
GAIE/ED*.333 =DETS
(NOTE: + for addition, - for subtraction, * for multiplication, / for division)
Section 7055. Certification of Life Members. Each Detachment will annually audit its
participating Life Members as shown on the Quarterly Member Listing of 30 June each year.
Following the audit, the Detachment will annotate a copy of the Quarterly Member Listing with
appropriate remarks to show additions, deletions and other adjustments. Each adjustment will
include the reason, and whenever possible, will cite supporting documentation (i.e. Dues
Transmittals, Transfer Forms, etc.) to assist in correcting the records in National Headquarters.
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The annotated Listing will be certified to be correct as annotated by the Detachment Commandant
and the Detachment Adjutant/Paymaster (or Paymaster) and will be returned to the National
Adjutant/Paymaster at National Headquarters through the Department no later than 31 December
following its receipt. No funds from the interest on the Life Member Fund will be distributed to a
detachment until the certified listing is received at National Headquarters. Should a Detachment
fail to submit the annual Eligible Life Member Audit by 31 December of a given year that
Detachment's quota of the interest distribution shall remain in the blocked fund.
Section 7060. Dual Membership. (Membership in more than one Detachment by the same
individual). When a member of the Marine Corps League becomes a regular member in good
standing in more than one detachment, such membership in the subsequent detachments shall be
counted for voting strength at department and national conventions only as an associate member.
Such regular member shall be a regular voting member in the detachment of such member's
greatest tenure unless he/she makes a signed written request for transfer of voting rights to the
receiving detachment, which upon acceptance shall forward the copies of the transfer of voting
rights to National Headquarters via the jurisdictional Department Paymaster or
Adjutant/Paymaster if a department exists. The Transfer Form, Enclosure Seven, will be utilized
for the purpose of transfer of voting rights to another detachment.
Section 7065. Resignation
a. The member will submit his/her resignation from the Marine Corps League to the National
Commandant via the Department Commandant and the Division National Vice Commandant with
a copy to the Detachment Commandant. In the event that the member has pending Chapter Nine
charges against him/her, the member must resign "with prejudice".
b. After consultation with the Detachment Commandant, the Department Commandant will
forward the resignation to the National Commandant via the Division National Vice Commandant
within fourteen (14) calendar days, stating:
(1) The circumstances of the resignation; and
(2) His/her recommendations, if any.
c. The Division National Vice Commandant will forward the resignation to the National
Commandant within fourteen (14) calendar days with comments, if any.
d. The National Commandant will:
(1) Accept the resignation and direct the National Adjutant/Paymaster to remove the
member from the rolls. He/she will then forward the original resignation to the National Chief
Operating Officer.
OR
(2) Determine alternate administrative action.
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e. If directed by the National Commandant, the National Adjutant/Paymaster will remove
the member from the rolls and notify the member by USPS mail that his/her name has been
removed from the rolls effective retroactively do the date of the resignation letter, with an e-mail
copy to the Division National Vice Commandant and the Department Commandant who will
inform the Detachment Commandant.
f. The member forfeits his/her life membership by resigning. The money paid for the life
membership and any remaining "regular membership" dues is not refundable.
g. Unless the resignation was "with prejudice" - to rejoin the Marine Corps League the
member must apply as a new member to a detachment of his/her choice.
Section 7070. Membership Numbers. When a new Member is joined into the Marine Corps
League, they shall be assigned a new sequential Membership Number immediately following the
Membership Number assigned to the Member immediately preceding them. Once assigned, the
Membership Number will be maintained for that particular Member. Membership Numbers once
assigned will not be reassigned to another Member even though the original Member may have
died, become delinquent and dropped off the Membership Rolls, have Resigned, or have been
Expelled from the Marine Corps League. The same stipulation applies to the Paid Life
Membership Number.
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CHAPTER EIGHT
Subsidiaries and Subordinates
Section 8000. IRS Reports
a. IRS Forms 990 and 990-EZ - Each Detachment, Department or other entity, including
the National subsidiary organizations and National subordinate groups, identified in the below
sections of Chapter Eight, which directly or indirectly operates under the Congressional Charter
and/or the name of the Marine Corps League must annually file with National Headquarters, via
their Department, if such exists, a true and complete copy of the front page of its IRS Form 990 or
990-EZ (whichever is required to be filed with the IRS) no later than the due date of filing by IRS
rules and regulations, normally by November 15 following the end of the fiscal year of June 30,
unless an extension has been requested.
b. IRS Form 990-N - Those Detachments, Departments or other entities which qualify
under the IRS regulations may elect to file an IRS Form 990-N, an e-postcard on-line filing. Since
there is no printed coy of this filing, these entities will file a copy of the E-Mail Acceptance
Receipt that is returned from the IRS. The submission will be via their Department Paymaster. The
Department Paymaster will forward the Acceptance Receipts to National Headquarters or may
consolidate these receipts into a single document showing the name of the organization, the EIN,
the Submission ID Number, and the date the submission was accepted by the IRS. If a consolidated
single report is submitted, the document will be certified by the Department Commandant and the
Department Paymaster as true and correct and then submitted to National Headquarters. Where
there is no jurisdictional Department, the copy of the Acceptance Receipt will be submitted
directly to the National Chief Operating Officer.
c. The IRS Form 990 reports will be utilized by National Headquarters to update the annual
report required by our Group Exemption filing requirements to the IRS. Failure to file the
appropriate 990 reports to the IRS and updating of our annual filing will subject the subordinate or
subsidiary entity to the loss of its exempt non-profit status.
Section 8005. Relationship with Subsidiary Organizations. The Marine Corps League
recognizes and adopts each of the organizations listed below in this Chapter as official subsidiary
organizations of the Marine Corps League which shall ever be subject to the authority,
supervision, direction, control and discipline of the Marine Corps League at the National level,
only. Each of these subsidiary organizations operates as a separate entity under its own by-laws,
as amended. Individual Marine Corps League Members as well as Detachments, Departments
and Divisions are encouraged to work with and support the subsidiary organizations at their own
level; however, no Member of the Marine Corps League, unless a registered member of the
specific organization, shall interfere in any way with the day-to-day operations of the subsidiary
organization. The same restriction applies to Detachments, Departments and Divisions of the
Marine Corps League.
Section 8010. Subsidiary Organizations. The following are official subsidiary organizations
of the Marine Corps League and must be an IRS Code 501(c)4 Non-Profit Organization under the
Marine Corps League IRS Umbrella 0955.
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a. Marine Corps League Auxiliary. The Marine Corps League recognizes and adopts the
Marine Corps League Auxiliary as the official subsidiary Women's Auxiliary of the Marine Corps
League and declares that the Marine Corps League Auxiliary shall ever be subject to the control
and supervision of the Marine Corps League.
b. Military Order of the Devil Dogs. The Marine Corps League recognizes and adopts the
Devil Dogs as an official subsidiary organization of the Marine Corps League which shall ever be
subject to the authority, supervision, direction, control and discipline of the Marine Corps League.
Membership in the Military Order of Devil Dogs shall be limited to regular members of the Marine
Corps League, consistent with the restrictions and requirements of the Constitution and Bylaws of
the Military Order of Devil Dogs.
c. Military Order of the Devil Dog Fleas. The Marine Corps League recognizes the
Military Order of Devil Dog Fleas as an official subsidiary organization of the Marine Corps
League Auxiliary which shall ever be subject to the authority, supervision, direction and discipline
of the Marine Corps League. Membership in the Military Order of Devil Dog Fleas shall be limited
to members of the Marine Corps League Auxiliary.
d. The Marine of the Year Society. The Marine Corps League recognizes the Marine of the
Year Society as an official subordinate group of the Marine Corps League which shall ever be
subject to the authority, supervision, direction and control and discipline of the Marine Corps
League.
e. The Past National Commandants Society. The Marine Corps League recognizes the
Past National Commandants Society as an official subordinate group of the Marine Corps League
which shall ever be subject to the authority, supervision, direction and control and discipline of the
Marine Corps League.
Section 8015. Relationship with Independent Organizations. The following are independent
organizations associated with the Marine Corps League. Each of them have their own EIN and
are not responsible to the Marine Corps League under the Umbrella 0955.
a. Marine Corps League Youth Physical Fitness Program. The Marine Corps League
recognizes the Marine Corps League Youth Physical Fitness Program as an official subordinate
group of the Marine Corps League which shall ever be subject to the authority, supervision,
direction, control and discipline of the Marine Corps League.
b. Marine Corps League Foundation. The Marine Corps League recognizes the Marine
Corps League Foundation as an official subordinate group of the Marine Corps League which shall
ever be subject to the authority, supervision, direction, control and discipline of the Marine Corps
League.
c. Young Marines of the Marine Corps League. The Marine Corps League recognizes the
Young Marines of the Marine Corps League as an official subsidiary organization of the Marine
Corps League which shall ever be subject to the authority, supervision, direction, control and
discipline of the Marine Corps League at the National level. (Such authority and control does not
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extend to Divisions, Departments or Detachments.) The Young Marines of the Marine Corps
League operates as a separate entity under its own by-laws, as amended. Marine Corps League
Detachments are encouraged to work with and support the local units. No member, Division,
Detachment or Department of the Marine Corps League, unless a registered member of the Young
Marines staff, shall interfere with the day-to-day operations of the Young Marines of the Marine
Corps League.
d. Marines Helping Marines, Inc. The Marine Corps League recognizes the Marine Corps
League Marines Helping Marines Wounded Marines Program as an official subordinate group
of the Marine Corps League which shall ever be subject to the authority, supervision, directions
and control and discipline of the Marine Corps League. (At this time, the Marines Helping
Marines, Inc has been temporary closed until their services are again needed.)
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CHAPTER NINE
GRIEVANCE AND DISCIPLINE
SECTION 9000 - DEFINITIONS
The goal of this chapter shall be to ensure that matters are expeditiously, fairly and justly heard.
a. Petitioner. The Petitioner is the member or Detachment or Department filing a
grievance or disciplinary charge. The Petitioner shall be in good standing (See National
Administrative Procedures, Section 7030). If the Petitioner is a Detachment or
Department, each member of the Board of Trustees shall sign the disciplinary charge and
state his office.
b. Respondent. The Respondent is the member or Detachment or Department against
whom either a grievance or disciplinary action has been filed.
c. Grievance. A Grievance is an injustice which gives grounds for complaint because it is
harmful or unjust.
(1) The written grievance shall specify:
(a) what is alleged to have occurred,
(b) when it was alleged to have occurred,
(c) where it was alleged to have occurred,
(d) the names of the parties and witnesses, and
(e) such other supporting information as may be necessary to adequately inform the
Respondent, so a defense may be prepared.
(2) A Grievance does not subject the Member, Detachment, or Department to
punishment. The goal of the grievance is to resolve the injustice.
(3) Prior to the written Grievance being filed with the Jurisdictional Judge Advocate, the
Grievance may be considered by the Detachment to attempt to mediate the problem.
(4) When a Grievance is filed with the Jurisdictional Judge Advocate (see Section
9000(e) below) by the aggrieved Member, in accordance with Section 9015 of this chapter, the role
of the Detachment is then terminated, and the Grievance moves forward in accordance with those
procedures.
d. Disciplinary Charges. A Disciplinary Charge is a formal accusation that a member,
Detachment, or Department has violated the Bylaws or Administrative Procedures of the Marine
Corps League and disciplinary punishment is sought. The Charges shall reference the subsection
of Section 9040 or section of the National Bylaws violated.
(1) A Disciplinary Charge shall specify:
(a) what is alleged to have occurred,
(b) when it was alleged to have occurred,
(c) where it was alleged to have occurred,
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(d) the names of the parties and witnesses, and
(e) such other supporting information as may be necessary to adequately inform the
Respondent, so a defense may be prepared.
(2) Detachments do not have any disciplinary jurisdiction upon any member.
e. File. A Grievance or Disciplinary Charge is filed by submitting the original of the
document with the Jurisdictional Judge Advocate by certified mail return receipt requested. A
Grievance or Disciplinary Charge is filed, and the Chapter Nine procedures triggered thereby
become effective the date it is received by the Jurisdictional Judge Advocate.
f. 75-Day Clock. The time period from the date the Grievance or Disciplinary Charge is
filed to the date the Jurisdictional Judge Advocate publishes the written decision of the Hearing
Board. Various sections of Chapter Nine have time milestones that must be met during the 75 day
period.
g. Appointing Authority. The Department Commandant of the Department where the
Grievance or Disciplinary Charge has been filed or the National Commandant in the case of
national charges.
h. Jurisdictional Judge Advocate. The Department Judge Advocate or the National Judge
Advocate depending on which level has jurisdiction. In the event of disqualification of the
Department Judge Advocate or the National Judge Advocate, the member appointed to replace
him.
i. Counsel. A member of the Marine Corps League selected by the Petitioner or the
Respondent to represent him in prehearing, hearing, and post-hearing procedure under Chapter
Nine. The member selected must be:
(1) in good standing and
(2) a member of the Marine Corps League for at least a year.
j. Party. Party means the Petitioner or Respondent.
k. Member. Member means a Member of the Marine Corps League.
l. Gender. As used herein the use of a masculine pronoun shall include both the male and
female gender as specifically applicable to the party involved.
Section 9005. Rules of Evidence
a. Rules of Evidence. The rules of evidence prevailing in courts of law and/or equity shall
not be controlling in actions under this chapter.
b. Admissibility and Credibility. All questions of admissibility of evidence and the
credibility of witnesses and evidence shall be determined by the Hearing Board. The Board’s
ruling shall not be overturned on appeal unless the ruling is clearly in error.
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c. Oath. All testimony will be given under oath. The oath will be: “I do solemnly affirm
to tell the truth, the whole truth, and nothing but the truth.”
d. Burden of Proof. The Petitioner has the burden of proving his allegations. Any
countercharges made by the Respondent must be proved by the Respondent.
e. Standard of Proof. The Petitioner must prove the allegations by a preponderance (51%)
of the evidence.
f. Admissibility. To be admissible, evidence must be relevant and trustworthy.
(1) Relevant: evidence having any tendency to make the existence of any fact that is
of consequence to the determination of the disciplinary charge or grievance more probable or less
probable than it would be without the evidence;
(2) Trustworthy: there is no compelling reason not to believe the information from
the witness or in the exhibit.
g. Objections. Either party or a board member may object to the admission of an exhibit or
facts testified to by a witness based on the standard in Section 9005f above.
(1) The party will state the basis for the objection and facts to support the objection.
(2) The chairman of the Hearing Board shall rule on the objection as: (i) “overruled”; or
(ii) “sustained,” in which case the evidence may not be considered by the Hearing Board in
deliberations.
Section 9010. Rules of Prehearing Procedure. The rules of procedure prevailing in courts of
law and/or equity shall not be controlling in actions under this chapter. All questions as to the
regularity of the proceedings shall be determined by the Hearing Board. The Hearing Board’s
ruling shall not be overturned on appeal unless the ruling is clearly in error. The goal of this
chapter shall be to ensure that matters are expeditiously, fairly and justly heard.
Section 9015. Filing, Service of Copies, Correspondence
a. Filing by Petitioner and Respondent. Petitioner and Respondent shall submit all
documents required to be filed by this chapter by certified mail return receipt requested.
b. Correspondence and Service of Copies by Petitioner and Respondent. Copies and
correspondence from and to the Petitioner and Respondent required by this chapter shall be served
by certified mail return receipt requested.
c. Notices and Correspondence Between Hearing Board & NJA. Notices and
correspondence between the Hearing Board and the National Judge Advocate or the National
Judge Advocate and National Headquarters and/or Board of Trustees only requires regular mail.
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d. Electronic Communications. The use of electronic communications such as email and
fax notices:
(1) are not sufficient for filing, copy, or notice purposes except as permitted below for
the National Board of Trustees, and
(2) do not meet deadlines as set forth in this chapter.
e. Vote by National Board of Trustees not in active Session. On any vote under this
chapter by the National Board of Trustees while not in active session, notice by e-mail directed to
the National Chief Operating Officer shall be deemed sufficient.
f. Filing Grievance or Disciplinary Charge. The Petitioner shall file the Grievance or
Disciplinary Charge in writing with the Jurisdictional Judge Advocate by certified mail return
receipt requested.
(1) The day after receipt by the Jurisdictional Judge Advocate is Day One on the
75-day clock.
(2) The Petitioner shall serve copies of the Disciplinary Charge or Grievance upon the
Respondent, the Department Commandant, the National Commandant, and the National Judge
Advocate by certified mail return receipt requested.
(3) A failure to accept or a refusal to accept certified mail or sign for the receipt of such
mail after due notice from the U.S. Postal Service shall be deemed to be good service.
(4) When the Disciplinary Charge is filed, the Chapter Nine procedures triggered
thereby become effective when it is received by the Jurisdictional Judge Advocate.
g. Respondent’s Reply to Grievance or Disciplinary Charge. The Respondent shall
have ten (10) days to respond to the Jurisdictional Judge Advocate in writing concerning his
defense to the alleged grievance or disciplinary charge but need not respond if he so chooses.
h. 75-Day Clock. The Jurisdictional Judge Advocate is responsible for ensuring that the
time limits of the 75-day clock in the various sections of Chapter Nine are met as closely as
possible.
i. Computing Time Limits in Sections
(1) The day after the date of receipt of a document is counted as Day One (1).
(2) The postmark on USPS mail is considered the date of filing for purposes of
computing whether a document has been filed within the time limits stated in the applicable
section.
(a) On Certified mail the postmark on the certified receipt is the date of filing.
(b) On first class mail the postmark on the envelope is considered the date of filing.
(c) In the absence of a postmark or an illegible postmark the postmark is presumed
to be the date of the document. The presumption may be rebutted.
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(3) The day after the date of:
(a) receipt of certified mail return receipt requested as shown on the green card or
(b) refusal to accept certified mail return receipt requested is day one of the period
to respond to the enclosed document.
(4) First class mail is presumed to be received four (4) days after the date of postmark
and the fifth day is Day One of the time period in effect.
(5) Proof of timely fling or service is on the proponent. A certified mail receipt issued
and postmarked by the U.S. Post Office at the time of mailing constitutes proof of date of filing or
service.
Section 9020. Prehearing Duties
a. Counsel. If a party will be represented by counsel, that party shall notify the
Jurisdictional Judge Advocate of the name of the counsel within five (5) days after counsel accepts
the party’s request.
b. Petitioner’s Witnesses. The Petitioner is responsible to invite witnesses to testify on his
behalf. The Petitioner may submit notarized statements from any witness that cannot appear at
the hearing in person.
c. Respondent’s Witnesses. The Respondent is responsible to invite witnesses to testify
on his behalf. The Respondent may submit notarized statements from any witness who cannot
appear at the hearing in person.
d. Notice of Hearing. The Jurisdictional Judge Advocate shall notify the parties of the date
and location of the hearing not less than twenty days prior to the convening date of the Board.
(1) A request for a change of hearing date or location shall be filed in writing with the
Jurisdictional Judge Advocate, who shall immediately forward the request to the Chairman of the
Hearing Board. The Chairman shall respond in writing to the request using his best judgment.
Copies of the request and the Chairman’s ruling shall be attached to the record as a Board exhibit.
(2) With the notice the Jurisdictional Judge Advocate shall enclose copies of Section
9000, Section 9005, Section 9010, Section 9025 or Section 9040, Section 9065, and Section 9080.
(3) If the Respondent is absent from the hearing the Jurisdictional Judge Advocate shall
make the return receipt (green card) a Board exhibit to document notice.
e. Notice of Composition of Hearing Board. The Jurisdictional Judge Advocate shall
notify the Petitioner and Respondent of the names of the members appointed to the Hearing Board
no less than twenty (20) days prior to the convening date of the Board.
f. Challenges to Members of the Hearing Board
(1) Both the Petitioner and Respondent shall have ten (10) days from the date of receipt
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of the notice to challenge in writing any appointed member. A challenge shall be filed with the
Jurisdictional Judge Advocate. Absent a timely challenge, the Hearing Board shall be deemed to
be fair and impartial.
(2) Petitioner and Respondent shall each have one preemptory challenge. All other
challenges must be for good cause.
(3) The Jurisdictional Judge Advocate is not subject to challenge except for good cause.
If the challenge to the Jurisdictional Judge Advocate is sustained, the appointing authority will
appoint a replacement, preferably a past National Judge Advocate or Past National or Department
Commandant.
(4) After conferring with the Jurisdictional Judge Advocate, the appointing authority
shall determine if the challenge(s) is sustained.
(5) The appointing authority will appoint replacements for all sustained challenges and
the Jurisdictional Judge Advocate will notify the Petitioner and the Respondent of such
replacements. Replacements are subject to challenge for good cause. The challenge shall be
made within ten (10) days of receipt of the notification.
(6) When challenges are made to the composition of the Hearing Board, it may cause the
process to be lengthier than would fit into the normal timing of the sample chronology suggested in
Attachment 3. In such case, the appointing authority will have the authority to adjust the timeline
accordingly, and will ensure that all parties are notified on a timely basis.
(7) Appointed Hearing Board members who may have a conflict of interest through
friendship, marriage, family relationship or prejudice shall recuse themselves from sitting on the
Hearing Board.
g. Parties Lists of Exhibits and Witnesses to Jurisdictional Judge Advocate. Not less
than fifteen (15) days before the hearing, the Petitioner and the Respondent shall mail to the
Jurisdictional Judge Advocate a complete list of witnesses and copies of:
(1) Notarized statements from any witness who cannot appear at the hearing in person;
(2) All exhibits to be offered into evidence.
(3) Any witness not listed, or exhibit offered but not previously provided may be heard
or admitted at the discretion of the Hearing Board under such terms and conditions as it shall
require.
h. Jurisdictional Judge Advocate Lists to Petitioner and Respondent. The Jurisdictional
Judge Advocate will mail to the Petitioner and Respondent:
(1) A list of witnesses to be called by the Board;
(2) Copies of all exhibits with exhibit numbers to be introduced by the Board;
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(3) A list of all witnesses to be called by the parties; and
(4) Copies of all exhibits with exhibit numbers or letters provided by the Petitioner and
the Respondent not less than five (5) days prior to the convening of the Hearing Board.
i. Motion of Failure to Follow Procedure
(1) A complaint of failure to comply with the prehearing procedure required in Chapter
Nine shall be made in writing with supporting exhibits attached and filed with the Jurisdictional
Judge Advocate not later than five days prior to the date of the hearing.
(2) The motion shall state:
(a) the procedure allegedly not followed and pertinent section,
(b) the facts supporting the allegation of failure, and
(c) the remedy asked.
(3) The proponent shall serve the other party a copy at the time of filing.
(4) Allegations of failure of Jurisdictional Judge Advocate to comply with Section
9020(h) above may be presented in writing at the hearing.
(5) The motion shall be argued at the hearing prior to evidence being taken and ruled on
by the Chairman.
(6) A complaint of failure to follow procedure not raised at the hearing is deemed
waived.
Section 9025. Grievances
a. Written Grievance. If a member, detachment, or department has a grievance against
another member, detachment, or department, the following procedure will be followed:
(1) Prior to the grievance being filed with the Jurisdictional Judge Advocate, the
grievance may be considered by the Detachment to mediate the problem. When a grievance is
filed with the Jurisdictional Judge Advocate by the aggrieved member, the role of the Detachment
is then terminated, and the grievance moves forward in accordance with Section 9025.
(2) The Petitioner shall file the grievance in writing with the Jurisdictional Judge
Advocate clearly stating the basis for the grievance. The grievance shall specify: what is alleged
to have occurred, when it was alleged to have occurred, where it was alleged to have occurred, the
names of the parties and witnesses, and such other supporting information as may be necessary to
adequately inform the Respondent, so a defense may be prepared.
(3) The Petitioner shall serve a copy of the grievance upon the Respondent, the
Department Commandant and the National Judge Advocate by certified mail return receipt
requested.
(4) A failure to accept or a refusal to accept certified mail or sign for the receipt of such
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mail after due notice from the USPO shall be deemed to be good service.
(5) The Respondent shall have ten (10) days to file a written response with the
Jurisdictional Judge Advocate by certified mail return receipt requested stating his defense to the
alleged grievance but need not respond if he so chooses.
b. Jurisdictional Judge Advocate Action
(1) Upon receiving the grievance, the Department Judge Advocate shall have twenty
days in which he shall review the grievance and response (if any) and act as mediator in the
dispute.
(2) If the Department Judge Advocate is successful in resolving the grievance, he shall
in writing report the settlement to the Department Commandant and serve a copy of the report on
the parties and the National Judge Advocate.
(3) If the grievance is not settled, the Department Judge Advocate may conduct an
informal investigation to determine the merit of the grievance.
(4) If the Department Judge Advocate determines that the grievance does not have
merit, he may dismiss the grievance. The Petitioner may appeal the dismissal to the National Judge
Advocate as provided in Section 9080.
c. Appointment of Hearing Board. Upon receiving the report from the Jurisdictional
Judge Advocate that the grievance is not resolved, the Department Commandant shall then appoint
a Hearing Board composed of himself as chairman, the Jurisdictional Judge Advocate and a
minimum of two other members. No member of the Petitioner’s detachment or the Respondent’s
detachment may be appointed to a Hearing Board, including the Jurisdictional Judge Advocate and
Department Commandant. Appointed Hearing Board members who may have a conflict of
interest through friendship, marriage, family relationship or prejudice shall recuse themselves
from sitting on the Hearing Board. Any challenge to the composition of the Board shall be made
in accordance with Section 9020(f) of this chapter.
d. Convening the Hearing Board. The Hearing Board shall convene a hearing at a time
and place of its convenience within forty (40) days of the appointing order.
e. Notice of Hearing
(1) The Jurisdictional Judge Advocate shall notify the parties of the date and location of
the hearing not less than twenty days prior to the convening date of the Board.
(2) The Jurisdictional Judge Advocate shall enclose copies of Section 9000, Section
9005, Section 9010, Section 9025 or Section 9040, Section 9065, and Section 9080 with the notice,
which shall state (1) the right to counsel and (2) the requirement to submit a list of witnesses and
copies of exhibits.
f. Change of Location or Date. A request for a change of the hearing date shall be made in
accordance with Section 9020(d).
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g. Notice of Composition of Hearing Board. The Jurisdictional Judge Advocate shall
notify the Petitioner and Respondent of the names of the members appointed to the Hearing Board
not less than twenty (20) days prior to the convening date of the Board. The notice is normally
sent with the notice of hearing.
h. Challenges to Members of the Hearing Board. A challenge to a member of the
Hearing Board shall be made in accordance with Section 9020(f) of this chapter.
i. The Hearing. The hearing shall be conducted in accordance with Section 9070 -
HEARING PROCEDURE of this chapter.
j. Written Summary of the Hearing. The Jurisdictional Judge Advocate shall write a
summary of the hearing as required in Section 9075 of this chapter.
(1) If the grievance is proved, the Hearing Board shall state in its decision the corrective
action necessary to eliminate the grounds for the grievance.
(2) If the grievance is not proved, the written decision shall so state and the matter shall
stand dismissed.
(3) The Jurisdictional Judge Advocate shall serve the written summary within fifteen
(15) days of the hearing on the Petitioner and Respondent with copies to the National
Commandant, the National Judge Advocate, the Department Judge Advocate, and the Department
Commandant.
k. Failure to Take Corrective Action. The failure of a Respondent to take the corrective
action directed by the Hearing Board to resolve the grievance which has been proven may be
grounds for disciplinary charges filed by the Petitioner or any member not on the Hearing Board.
l. Appeal to National Judge Advocate. Either the Petitioner or the Respondent may
appeal the decision of the Hearing Board to the National Judge Advocate. See Section 9080 of
this chapter for procedure.
m. Appeal to National Board of Trustees. Either the Petitioner or Respondent may
appeal the National Judge Advocate’s ruling to the National Board of Trustees. See Section 9085
of this chapter for procedure.
n. Hearing Board Member Expenses. The legitimate travel and lodging expenses of the
Hearing Board shall be a charge against the Department, which shall be reimbursable to the
members upon submission of a voucher to the paymaster of the Department.
Section 9030. Department, Division, or National Grievance
a. If a Department, a Division, a Department Officer, a Division Officer or a National Officer
is the Petitioner or the Respondent, all matters shall be handled directly by the National Judge
Advocate; he and the National Commandant will proceed in accordance with the procedure
outlined in paragraphs 9025.
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b. Either the Petitioner or the Respondent may appeal the Hearing Board's decision to the
National Board of Trustees, in writing via the National Commandant.
(1) Such appeal must be filed within thirty (30) days of the decision of the Hearing
Board stating as clearly as possible the basis for such appeal.
(2) The National Judge Advocate will distribute copies of all pertinent material to the
members of the Board of Trustees.
(3) The Board of Trustees shall render their opinion in writing to National Headquarters
within fifteen (15) days; whereupon the National Judge Advocate will inform the Petitioner of the
decision of the majority of the National Board of Trustees, either sustaining or denying such
appeal with a copy to the National Chief Operating Officer.
(4) The decision of the National Board of Trustees shall be final.
Section 9035. National Convention Grievance
a. If a grievance arises during a National Convention, it shall be immediately presented in
writing to the National Judge Advocate. The National Judge Advocate shall attempt to mediate
the grievance. If mediation is unsuccessful:
(1) The National Judge Advocate shall petition the National Commandant to
immediately convene a Hearing Board of at least three (3) members of the National Board of
Trustees or such other members as the National Commandant shall designate. The National
Commandant may serve as the Chairman of that Hearing Board or shall appoint a Chairman to
serve in his stead.
(2) The Hearing Board may call witnesses. It shall hear appropriate testimony either
orally or by affidavit as set forth in this chapter. A Hearing Board may also conduct its own
independent investigation.
(3) The Hearing Board's decision, which must be affirmed by a majority of the board,
shall be served in writing upon the Petitioner and Respondent immediately.
(4) If the grievance is substantiated and proved, the Hearing Board shall state in its
decision the corrective action necessary to eliminate the grievance.
(5) The Petitioner may appeal the Hearing Board's decision directly to the Convention
and has the burden of proving such grievance to the Convention.
(6) A majority vote of the Convention, with the affected member and/ or delegation(s)
abstaining, will prevail.
b. If the grievance concerns the seating or voting of a Delegate or Delegation, the
Convention shall stand in recess until the matter is resolved.
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c. Any grievance applicable to seating at a National convention shall be filed in writing with
the National Judge Advocate, prior to commencement of the Convention; whereupon he shall
proceed in accordance with Section 9035.
Section 9040. Discipline of a Member, Detachment, Department Officers and Board of
Trustees
a. Violation of the National Bylaws or the National Administrative Procedures.
Whenever a Member, Detachment, Detachment Officer, Department Officer other than the
Commandant, or a Member of the Board of Trustees of a Detachment or Department violates the
National bylaws or the National Administrative Procedures of the Marine Corps League, a
Petitioner may file a disciplinary charge(s) against said Member, Detachment, Detachment
Officer, Department Officer, or a Member of the Board of Trustees of a Detachment or
Department.
b. No Detachment Jurisdiction. Detachments DO NOT have disciplinary jurisdiction
over any member.
c. Filing Disciplinary Charge(s)
(1) A Petitioner shall file a written disciplinary charge(s) setting forth in detail the basis
for the disciplinary charges (See Section 9000(d)) with the Department Judge Advocate by
certified mail return receipt requested.
(2) When a disciplinary charge is filed, the Chapter Nine procedures triggered thereby
become effective when it is received by the Department Judge Advocate.
d. Response to Disciplinary Charge. The Respondent shall have 10 days to file with the
Department Judge Advocate his written response to the disciplinary charge. He shall serve a copy
of the defense on the Petitioner. The Respondent need not respond if he so chooses.
e. Department Judge Advocate Action
(1) Upon receiving disciplinary charge, the Department Judge Advocate shall have
twenty calendar days in which he:
(a) May conduct an informal investigation to determine the merit of the disciplinary
charge; and
(b) Should explore the possibility of a negotiated settlement.
(2) If the Department Judge Advocate determines that the disciplinary charge does not
have merit, he may dismiss the charge. The Petitioner may appeal the dismissal to the National
Judge Advocate as provided in Section 9080.
(3) If a settlement is negotiated, the Department Judge Advocate shall in writing report
the settlement to the Department Commandant with a copy to the parties and the National Judge
Advocate.
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(4) If there is merit and no settlement has been negotiated, the Department Judge
Advocate shall in writing so inform the Department Commandant.
f. Appointment of Hearing Board. Upon receiving the Department Judge Advocate’s
report that the disciplinary charge has merit and a settlement has not been reached, the Department
Commandant shall immediately appoint a Hearing Board.
(1) The Hearing Board shall be composed of the Department Commandant as chairman,
the Department Judge Advocate and a minimum of two other members. No member of the
Petitioner’s detachment or the Respondent’s detachment may be appointed to a Hearing Board,
including the Department Commandant and Department Judge Advocate. Hearing Board
members who may have a conflict of interest through friendship, marriage, family relationship or
prejudice shall recuse themselves.
(2) A challenge to the composition of the Board shall be made in accordance with
Section 9020(f) of this chapter.
g. Convening of Hearing Board. The Hearing Board shall convene at a time and place of
its convenience within forty days from its appointment.
(1) The Department Judge Advocate shall notify the parties of the date and location of
the hearing not less than twenty days prior to the convening date of the Board.
(2) The Department Judge Advocate shall enclose copies of 9000, Section 9005, Section
9010, Section 9025 or Section 9040, Section 9065, and Section 9080 with the notice, which shall
state (1) the right to counsel and (2) the requirement to submit a list of witnesses and copies of
exhibits.
(3) A request for a change of hearing date or location shall be filed in writing with the
Department Judge Advocate within ten days of the receipt of the notice(s). The Department
Judge Advocate shall immediately forward the request to the Chairman of the Hearing Board, who
shall respond in writing to the request using his best judgment.
h. Conducting the Hearing. The hearing shall be conducted in accordance with Section
9070 of this chapter.
i. Findings of the Hearing Board. The findings of the Hearing Board shall be a section of
the written summary of the hearing. See Section 9075.
(1) The Department Judge Advocate shall write the findings of the Hearing Board
within 15 days of the hearing.
(2) The Board shall make a finding of “guilty” or “not guilty” on each charge and
specification.
(3) A finding of “guilty” requires a vote for “guilty” by a majority of the Board
members.
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(4) The findings shall also state the punishment awarded by the Board.
(5) If any disciplinary charge is not proved, the findings shall state “not guilty”; and
(6) A copy of the written summary of the hearing shall be served on the Petitioner, the
Respondent, the Department Commandant, the Department Judge Advocate, the National Judge
Advocate, and National Chief Operating Officer (less exhibits).
j. Appeal to National Judge Advocate. An appeal of the Hearing Board’s decision may
be made to the National Judge Advocate by either the Respondent or Petitioner. See Section 9080
of this chapter.
k. Appeal to National Board of Trustees. Either the Petitioner or Respondent may file an
appeal of the National Judge Advocate’s ruling to the National Board of Trustees. See Section
9085 of this chapter.
l. Expenses. The legitimate travel and lodging expenses of the members of the Hearing
Board shall be a charge against the Department, which shall reimburse the members upon
submission of a voucher to the paymaster of the Department.
Section 9045. Department Commandant or Department
a. In the event the Respondent is a Department Commandant or Department, the following
procedure shall be followed:
(1) Disciplinary Charges shall be submitted in writing to the National Judge Advocate
and to the Respondent, with a copy to the National Commandant.
(2) Proof of service upon the Respondent shall be provided to the National Judge
Advocate by the Petitioner by either service in hand by the Department Sergeant at Arms or by
certified return receipt mail return receipt requested as set forth herein.
b. The National Judge Advocate may, at his discretion, conduct a preliminary investigation
to:
(1) determine the merit of the charge.
(2) explore the possibility of a negotiated settlement.
c. If the charge appears to be valid, and if it appears to the National Judge Advocate that a
negotiated settlement is not likely, or upon his own initiative, the National Judge Advocate shall
proceed to:
(1) Petition the National Commandant, who shall appoint a Hearing Board of not less
than three (3) nor more than five (5) members, including the National Judge Advocate. The
National Commandant may, at his discretion, appoint current or former members of the Board of
Trustees.
(2) The Hearing Board shall convene a hearing in the state in which the disciplinary
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charges arose, at a time and place of its convenience. Any challenge to the composition of the
Hearing Board or to the notices given concerning such hearing must be made at least ten days prior
to the start of the hearing or shall be deemed to have been waived.
(3) The Hearing Board may call witnesses but is under no obligation to do so. The
Petitioner has the burden of proving any and all disciplinary charges against the Respondent to the
satisfaction of the Hearing Board.
(4) The Hearing Board shall hear appropriate testimony either orally or by affidavit as
set forth in this chapter. A hearing board may also conduct its own independent investigation.
d. The decision of the Hearing Board shall be made in writing and must be affirmed by a
majority of the Hearing Board.
(1) If any disciplinary charge is substantiated and proved, the Hearing Board shall so
state in its decision its finding relating to the evidence and shall also state the punishment awarded
by the Haring Board.
(2) If any disciplinary charge is not substantiated or proved, the written decision shall so
state.
(3) The written decision shall be forwarded within fifteen (15) days to the National
Commandant with a copy to the National Judge Advocate. The National Judge Advocate will
affect proper service upon the Petitioner and the Respondent, with copies to all of the participating
parties and the National Chief Operating Officer.
e. The Respondent or Petitioner may appeal the decision of the hearing board in writing
within thirty (30) days to the National Board of Trustees via the National Commandant setting
forth as clearly as possible the basis for such appeal.
(1) The National Chief Operating Officer will distribute copies of all pertinent material
to the members of the Board of Trustees.
(2) The Board of Trustees shall render their opinion in writing to National Headquarters
within fifteen (15) days; whereupon the National Chief Operating Officer will inform the
Petitioner and the Respondent of the decision of the majority of the National Board of Trustees,
either sustaining or denying such appeal.
(3) Any member of the Board of Trustees who shall have served on the subject Hearing
Board shall abstain from voting on the appeal.
f. The Respondent or Petitioner may appeal the decision of the National Board of Trustees in
writing setting forth as clearly as possible the basis for such appeal directly to National Convention
via the National Chief Operating Officer.
(1) Any appeal to the convention must be made within thirty (30) days of the receipt of
the decision of the National Board of Trustees and not less than thirty (30) days prior to the
commencement of the National Convention.
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g. The legitimate travel and lodging expenses of the Hearing Board shall be charged against
National Headquarters and shall be reimbursable upon submission of a voucher to the National
Chief Operating Officer.
Section 9050. National Officers and Board of Trustees
a. If the Respondent is a National Officer or member of the National Board of Trustees, other
than the National Commandant or National Judge Advocate, the procedure shall be as follows:
(1) Charges shall be filed with the National Judge Advocate, who will thereupon cause
service of same either in hand by the National Sergeant at Arms or by certified mail, return receipt
requested as provided herein upon the Respondent, with copies to the National Board of Trustees.
b. The National Judge Advocate may conduct a preliminary investigation to determine:
(1) The merit of the charge.
(2) The possibility of a negotiated settlement.
c. If the charge appears to be valid and has merit, and if it appears to the National Judge
Advocate that a negotiated settlement is not likely, or upon his own initiative, the National Judge
Advocate shall proceed to:
(1) Petition the National Commandant, who shall appoint a Hearing Board of not less
than three (3) nor more than five (5) members, including the National Judge Advocate. The
National Commandant may, with discretion, appoint current or former members of the Board of
Trustees. If the charge is not found to merit further proceedings such charge shall be dismissed,
and the Petitioner shall be so notified by the National Judge Advocate.
(2) The Hearing Board is empowered to convene a hearing at a time and place of its
convenience. Any challenge to the composition of the Hearing Board or to the notices given
concerning such hearing must be made at least ten days prior to the start of the hearing or shall be
deemed to have been waived.
(3) The Hearing Board may call witnesses but is under no obligation to do so. The
Petitioner has the burden of proving any and all disciplinary charges against the Respondent to the
satisfaction of the Hearing Board.
(4) The Hearing Board shall hear appropriate testimony either orally or by affidavit as
set forth in this chapter. A hearing board may also conduct its own independent investigation.
d. The decision of the Hearing Board shall be made in writing and must be affirmed by a
majority of the Hearing Board.
(1) If any disciplinary charge is substantiated and proved, the Hearing Board shall so
state in its decision its finding relative to the evidence and shall also state the punishment awarded
by the Hearing Board.
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(2) If any disciplinary charge is not substantiated or proved, the written decision shall so
state.
(3) The written decision shall be forwarded within fifteen (15) days to the National
Commandant with a copy to the National Judge Advocate. The National Judge Advocate will
affect proper service upon the Petitioner and the Respondent, with copies to all of the participating
parties.
e. The Respondent or Petitioner may appeal in writing within thirty (30) days to the National
Board of Trustees via the National Commandant setting forth as clearly as possible the basis for
such appeal.
(1) The National Chief Operating Officer will distribute copies of all pertinent material
to the members of the Board of Trustees.
(2) Each member of the Board of Trustees shall render their opinion in writing to
National Headquarters within fifteen (15) days; whereupon the National Chief Operating Officer
will inform the Petitioner and the Respondent of the decision of the majority of the National Board
of Trustees, either sustaining or denying such appeal.
(3) Any member of the Board of Trustees who shall have served on the subject Hearing
Board shall abstain from voting on the appeal.
f. The Respondent or Petitioner may appeal the decision of the National Board of Trustees in
writing setting forth as clearly as possible the basis for such appeal directly to National Convention
via the National Chief Operating Officer.
(1) Any appeal to the convention must be made within thirty (30) days of the receipt of
the decision of the National Board of Trustees and not less than thirty (30) days prior to the
commencement of the National Convention.
g. The legitimate travel and lodging expenses of the Hearing Board shall be charged against
National Headquarters and shall be reimbursable upon submission of a voucher to the National
Comptroller.
Section 9055. National Commandant
a. In the event the National Commandant shall be the Respondent the following procedure
shall be followed:
(1) The National Senior Vice Commandant and the National Judge Advocate shall
determine if the charge is serious enough to merit further proceedings.
(2) If it is not found to merit further proceedings such charge shall be dismissed, and the
Petitioner shall be so notified by the National Judge Advocate.
b. If found to have merit, the disciplinary charges shall be deemed filed with the National
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Judge Advocate, who will thereupon cause service of same upon Respondent, with copies to the
National Board of Trustees.
c. The National Senior Vice Commandant shall immediately convene the entire National
Board of Trustees (excluding the National Commandant) to serve as a Hearing Board. A quorum
shall consist of at least eight (8) Board members.
d. If the Hearing Board finds it is in the best interest of the Marine Corps League, it may, by
a two-thirds (2/3) vote, temporarily suspend the National Commandant from the duties of his
office.
e. The Senior Vice Commandant shall serve as Chairman of the Hearing Board.
(1) The Board shall conduct a hearing at National Headquarters at its own convenience,
call witnesses, hear testimony, and it may conduct its own independent investigation.
f. The Hearing Board's decision, which must be affirmed by a two-thirds (2/3) vote, shall be
served upon the National Commandant within fifteen (15) days of date of decision.
g. The National Commandant may appeal within thirty (30) days to the Senior Vice
Commandant, via the National Chief Operating Officer, who shall appoint an appeals board
(Board of Appeals) which shall be comprised of a minimum of five (5) Past National
Commandants, none of which shall be current members of the National Board of Trustees. The
Board of Appeals shall concern itself only with the appeal and a majority vote by the Board of
Appeals is required for a decision.
h. The National Commandant may further appeal the decision of the Board of Appeals
directly to the National Convention in writing, via the National Chief Operating Officer.
(1) Any appeal to the convention must be made within thirty (30) days of the receipt of
the decision of the Board of Appeals and not less than thirty (30) days prior to the commencement
of the National Convention.
i. The legitimate travel and lodging expenses of the Hearing Board or Board of Appeals shall
be charged against National Headquarters and shall be reimbursable upon submission of a voucher
to the National Chief Operating Officer.
Section 9060. National Judge Advocate
a. In the event the National Judge Advocate shall be the Respondent the following procedure
shall be followed:
(1) The charges shall be filed with the National Commandant, who shall affect service
upon the Respondent and all participating parties.
b. The Junior Past National Commandant and National Senior Vice Commandant shall
determine if the charge is serious enough to merit further proceedings. If it is not found to merit
further proceedings such charge shall be dismissed, and the Petitioner shall be so notified by the
Junior Past National Commandant.
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c. If any charge is found to have merit:
(1) The National Senior Vice Commandant as Chairman shall immediately convene a
Hearing Board, comprised of himself and four (4) other members of the National Board of
Trustees.
(2) The Hearing Board is empowered to convene a hearing at a time and place of its
convenience. Any challenge to the composition of the Hearing Board or to the notices given
concerning such hearing must be made prior to the start of the hearing or shall be deemed to have
been waived.
(3) The Hearing Board may call witnesses but is under no obligation to do so. The
Petitioner has the burden of proving any and all disciplinary charges against the Respondent to the
satisfaction of the Hearing Board.
(4) The Hearing Board shall hear appropriate testimony either orally or by affidavit as
set forth in this chapter. A hearing board may also conduct its own independent investigation.
d. If the Hearing Board finds it is in the best interest of the Marine Corps League, by a
two-thirds (2/3) vote, it may temporarily suspend the National Judge Advocate from the duties of
his office.
e. The decision of the Hearing Board shall be made in writing and must be affirmed by a
majority of the Hearing Board.
(1) If any disciplinary charge is substantiated and proved, the Hearing Board shall so
state in its decision its findings relating to the evidence and shall also state the punishment awarded
by the Hearing Board.
(2) If any disciplinary charge is not substantiated or proved, the written decision shall so
state.
(3) The written decision shall be forwarded within fifteen (15) days to the National
Commandant who will affect proper service upon the Petitioner and the Respondent, with copies
to all of the participating parties.
f. The Respondent or Petitioner may appeal in writing within thirty (30) days to the National
Commandant setting forth as clearly as possible the basis for such appeal.
(1) Upon appeal, the National Commandant shall appoint an appeal board which shall
be comprised of a minimum of five (5) Department Judge Advocates, none of which shall be a
current member of the National Board of Trustees.
(2) This Appeal Board shall concern itself only with the appeal and a majority vote by
the Board is required for a decision.
g. The National Judge Advocate may further appeal the decision of the Board of Appeals
directly to the National Convention in writing via the National Chief Operating Officer.
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(1) Any appeal to the convention must be made within thirty (30) days of the receipt of
the decision of the Board of Appeals and not less than thirty (30) days prior to the commencement
of the National Convention.
h. The legitimate travel and lodging expenses of the Hearing Board shall be charged against
National Headquarters and shall be reimbursable upon submission of a voucher to the National
Chief Operating Officer.
Section 9065. Duties and Rights at the Hearing Procedure
a. Duties and Rights of Petitioner
(1) The Petitioner has the burden of proving the grievance or disciplinary charge by a
preponderance (51%) of the evidence. Failure to meet the burden is grounds for dismissing the
grievance or disciplinary charge.
(2) The Petitioner is responsible for inviting witnesses to testify on his behalf.
(3) The Petitioner is responsible to present admissible evidence relevant to the
grievance or disciplinary charge.
(4) The Petitioner shall file a complete list of witnesses, notarized statements from any
witness that cannot appear at the hearing in person, and copies of all exhibits to be offered into
evidence with the Jurisdictional Judge Advocate fifteen (15) days prior to the convening of the
Hearing Board. Any witness not listed, or exhibits offered but not previously provided, may be
heard or admitted at the discretion of the Hearing Board under such terms and conditions as it shall
require.
(5) The Petitioner may have a member of the Marine Corps League act as his counsel
but the counsel must have been a member of the Marine Corps League for at least a year.
(6) The Petitioner or his counsel has the right to examine and cross examine witnesses.
b. Duties and Rights of Respondent
(1) A Respondent has the right to file a written response with the Department Judge
Advocate to a grievance or disciplinary charge filed against him but need not do so at his choice.
(2) The Respondent is responsible for inviting witnesses to testify on his behalf and to
present admissible evidence in his defense relevant to the grievance or disciplinary charge against
him.
(3) The Respondent’s failure to appear or provide evidence shall not prevent the
Hearing Board from making appropriate findings.
(4) The Respondent shall file a complete list of his witnesses, notarized statements from
any witness that cannot appear at the hearing, and copies of all exhibits to be offered into evidence
with the Jurisdictional Judge Advocate fifteen (15) days prior to the convening of the Hearing
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Board. Any witness not listed, or exhibits offered but not previously provided may be heard or
admitted at the discretion of the Hearing Board under such terms and conditions as it shall require.
(5) The Respondent may have a member of the Marine Corps League act as his counsel
but the counsel must have been a member of the Marine Corps League for at least a year.
(6) The Respondent or his counsel has the right to examine and cross examine
witnesses.
c. Duties of the Recorder: Official Recording of the Proceedings
(1) The chairman of the Hearing Board will appoint a recorder, preferably from the local
area, to record the proceedings by audio tape or digital recording. The recorder shall:
(a) Be the sole operator of the recording devise;
(b) Maintain a log of audio tape or digital recording activities (See Attachment 9-1);
(c) At the close of the hearing, turn over all audio tapes or digital recordings to the
Jurisdictional Judge Advocate, who will sign the log as custodian. The recording shall be filed
with the written summary of the hearing. See Section 9075;
(d) A duplicate of the log will be sent with all requests for copies of audio tapes or
digital recordings; and
(e) Not participate in the Hearing Board’s deliberations.
(2) There will be no audio tape or digital recording of the proceedings other than the
official recording taken by the recorder.
(3) The Board will make available to the parties upon written request filed with the
Jurisdictional Judge Advocate a copy of the recording of the hearing. The request shall be made
in writing within ten (10) days of receipt of the copy of the summary of the hearing.
(4) The cost of reproduction of the audio tapes or digital recordings will be paid by the
party requesting the copy.
(5) If the Petitioner or Respondent requests a copy of the recording of the hearing, the
thirty (30) day appeal period in Section 9080 (a) shall commence upon receipt of the copy of the
recording.
d. Duties of Sergeant at Arms. The chairman of the Hearing Board will appoint a
Sergeant at Arms preferably from the local area. The duties of the Sergeant at Arms are to
preserve order and to perform other duties as required by the Chairman of the Hearing Board.
e. Duties of Hearing Board
(1) Hearing shall be held in executive session.
(2) The Hearing Board shall conduct the hearing following Section 9070 below.
(3) The Hearing Board may but is not obligated to invite witnesses and obtain exhibits
other than those designated by the Petitioner and the Respondent.
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Section 9070. Conducting the Hearing
a. Preliminary Events. The Chairman calls the hearing to order and:
(1) Announces that the hearing will be held in executive session;
(2) Directs the Sergeant at Arms to:
(a) Secure the hearing room: only the members, parties, counsel, and recorder may
be present and
(b) Lead the pledge of allegiance.
(3) States who is present and the billet of each person.
(4) Directs the Jurisdictional Judge Advocate to enter the exhibits in the record.
b. Exhibits
(1) Prior to the hearing the Jurisdictional Judge Advocate marks exhibits as follows:
(a) Board Exhibits. At a minimum the following exhibits are marked as board
exhibits:
B-1 Appointing and Convening Order;
B-2 Grievance or Disciplinary Charge*; and
B-3 If Respondent is absent a copy of the Notice of Hearing sent to the
Respondent with a copy of certified receipt with postmark and the return receipt (green card)
attached.
NOTE. *If the charge(s) or grievance filed does not number or letter the clearly different actions
alleged, the Jurisdictional Judge Advocate shall make such designations on the charges filed or on
a separate page submitted as a Board Exhibit for purposes of taking evidence and making findings.
(b) Petitioner’s Exhibits. The Petitioner’s exhibits are marked: P-1, P-2, etc.
(c) Respondent’s Exhibits. The Respondent’s exhibits are marked: A, B, C, etc.
NOTE. The exhibits shall be marked before copies are mailed to the parties.
(2) On the record the Jurisdictional Judge Advocate announces the list of exhibits.
(3) On the record the Jurisdictional Judge Advocate asks in turn if Petitioner or
Respondent has an objection to any exhibit. See Section 9005 (f) for basis for objection.
(4) The Chairman of the Board shall rule on each objection that the exhibit is:
(a) admitted;
(b) not admitted; or
(c) admitted subject to conditions.
(5) On the record the Jurisdictional Judge Advocate announces which exhibits have
been admitted in evidence.
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c. Motions on Failure to Follow Prehearing Procedure. (See Section 9010)
(1) The proponent shall offer his written motion of failure to comply with the prehearing
procedure required in Chapter Nine, which has been filed with the Jurisdictional Judge Advocate
not later than five days prior to the date of the hearing. The Chairman may allow a written or oral
motion submitted at the hearing if the proponent has good cause for not filing timely.
(2) The Jurisdictional Judge Advocate shall mark a copy of the motion as the party’s
exhibit next in order.
(3) The proponent of the motion shall argue his case and present relevant exhibits.
(4) The Jurisdictional Judge Advocate shall respond to the proponent’s case.
(5) The Chairman shall rule on the motion: granted or denied.
(6) A complaint of failure to follow procedure not raised at the hearing is deemed
waived.
d. Witnesses Sworn
(1) Oath. All testimony will be given under the oath: “I do solemnly affirm to tell the
truth, the whole truth nothing but the truth.”
(2) The Jurisdictional Judge Advocate shall administer the oath to the witnesses:
(a) as a group prior to opening statements; or
(b) individually as called.
e. Opening Statements. Each party may give an opening statement. The Petitioner is first
and the Respondent is second.
f. Petitioner’s Case. The Petitioner calls his witnesses. Any witness called but not listed
or exhibit offered but not previously provided may be heard or admitted at the discretion of the
Hearing Board under such terms and conditions as it shall require. The sequence of questioning
of each witness is:
(1) Direct Examination. Either Petitioner or his counsel, but not both, shall examine a
witness by question and answer. At the Board’s discretion a witness may read a statement into
evidence.
(2) Cross-Examination. Either Respondent or his counsel, but not both, may
cross-examine the witnesses on topics covered during the direct examination. The Board may
permit questions into additional topics.
(3) Redirect. Either Petitioner or his counsel, but not both, may ask questions on
topics covered in cross examination.
(4) Recross. Either Respondent or his counsel, but not both, may ask questions on
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topics covered in redirect.
(5) Board Questions. Board members may ask questions
(a) at any time during direct, cross, re-direct or re-cross and
(b) after the parties have no further questions.
g. Respondent’s Case. Respondent is not required to present a defense. The case the
Respondent does present follows the same format outlined for Petitioner in Section 9070 above.
h. Rebuttal. Petitioner may present evidence in rebuttal to evidence presented by
Respondent.
i. Surrebuttal. Respondent may present evidence in surrebuttal to evidence presented by
Petitioner in rebuttal.
j. Board Evidence. The Board may invite additional witnesses to testify and introduce
additional exhibits. The Chairman shall designate a member of the Board to conduct the direct
examination of the Board witness. Each party or his counsel may cross examine the witness.
k. Additional Session. If the hearing cannot be concluded on the scheduled day, the
hearing may be continued to another day.
l. Closing Arguments. Each party may give a closing argument. Because the Petitioner
has burden of proof he has the last word. The Petitioner closes first and the Respondent is second.
The Petitioner may offer rebuttal.
m. Adjourn the Hearing. Before declaring the hearing adjourned the Chairman states
that:
NOTE. It is advisable to keep the parties and witnesses present until deliberations have been
completed in case questions arise during deliberations.
(1) the findings will be made within 15 days;
(2) the findings will be in writing; and
(3) copies will be mailed to:
the parties,
the National Judge Advocate,
the National Commandant,
the National Adjutant, and
the MODD if applicable.
n. Deliberations on Findings. The Board shall close (go off the record with only Board
members present) to deliberate on findings.
(1) Charges and Specifications
(a) A finding shall be made on each charge and specification.
NOTE. If the charge(s) or grievance filed does not number or letter the clearly different actions
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alleged to be violations, the Jurisdictional Judge Advocate shall make such designations on the
charges or grievance on a separate page submitted as a Board Exhibit for purposes of taking
evidence and making findings.
(b) Findings of guilty shall be made by a majority vote.
(c) Less than a majority vote for “guilty” is a finding of “Not Guilty.”
(2) Punishment in the Case of a Finding of Guilty in a Disciplinary Hearing (See Section
9095-Punishment).
(a) A finding for punishment shall be by a majority vote.
(b) The Board may make a finding of “No punishment.”
(c) A member at any level may be punished by:
1. Written reprimand;
2. Suspension for a specified period of time; or
3. Expulsion from the MCL.
(d) A Detachment or Department:
1. May receive a reprimand;
2. Charter may be suspended; or
3. Charter may be revoked.
(e) A punishment more than a reprimand and less than suspension that is
reasonable, e.g. letter of apology, restitution, is authorized by this section.
(3) Corrective Action in the Case of a Finding of Guilty in a Grievance Hearing.
(a) Any corrective action necessary to eliminate the grounds for the grievance shall
be directed by a majority vote.
(b) The Board may find “no corrective action is necessary.”
Section 9075. RESULTS OF THE HEARING
a. Written Summary of the Hearing. Within 15 days of the hearing, the Jurisdictional
Judge Advocate shall write a summary of the hearing to include: (See Attachment 4, Sample of a
Written Summary.)
(1) Date and times convened and adjourned of each session;
(2) The names and billets of those present;
(3) A list of the exhibits of the Board, Petitioner, and Respondent with each exhibit
attached to the original summary of the hearing;
(4) A summary of each witness’s testimony;
(5) The findings of the Hearing Board:
(a) Each charge and Specification: guilty or not guilty and
(b) Any punishment in a disciplinary hearing; or
(c) Any corrective action directed in a grievance hearing; and
(6) Appeal rights of the parties.
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(7) The summary shall be signed by all members of the Board.
b. Original and Service of Copies of the Written Summary of the Hearing
(1) The original of the written summary of the hearing and the official recording of the
hearing shall be retained in the Department Headquarters files or National Headquarters files for at
least five years with the Jurisdictional Judge Advocate as custodian.
(2) Upon obtaining all members’ signatures, the Jurisdictional Judge Advocate shall
serve a copy of the written summary of the hearing on the parties, the Department Commandant,
the National Judge Advocate, and the National Adjutant (less exhibits).
c. Duties of National Judge Advocate and National Adjutant
(1) If no appeal is filed and the punishment is suspension or expulsion from the Marine
Corps League, the National Judge Advocate shall request in writing by first class U.S. mail that the
National Chief Operating Officer strike or suspend Respondent from the roles.
(2) The National Chief Operating Officer shall strike or suspend the Respondent from
the roles and inform the National Judge Advocate of the action taken by first class U.S. mail and
email.
(3) The National Judge Advocate shall serve a copy of the notice that the Respondent’s
name has been stricken or suspended from the roles on:
(a) The parties by certified mail return receipt requested; and
(b) The National Commandant; the National Division Vice Commandant, the
Department Commandant, the Department Judge Advocate, and if appropriate a National Officer
in the MODD by U.S. mail or by email.
Section 9080. Appeals to the National Judge Advocate
a. Appeal to National Judge Advocate. Either the Respondent or Petitioner or the counsel
of either may file a written appeal of the Hearing Board’s decision to the National Judge Advocate.
The appeal shall clearly state the basis for the appeal.
b. Filing the Appeal
(1) The appeal shall be filed with the National Judge Advocate by certified mail return
receipt requested within thirty (30) days after receipt of the Hearing Board decision. A certified
mail receipt postmarked within such period constitutes proof of filing of the appeal. Any appeal
not filed timely shall be deemed waived absent a showing of good cause, which shall be decided by
the National Judge Advocate.
(a) If the appeal is not timely the National Judge Advocate shall notify the
appealing party in writing stating the reasons for the decision with a copy to the National
Commandant.
(b) If the appealing party (a) contests the National Judge Advocate’s decision that
the appeal is untimely or (b) asserts good cause, he shall file a written request with the National
2019 NATIONAL ADMINISTRATIVE PROCEDURES
9 Aug 2019 AP 9 - 26
Commandant to reinstate his appeal and serve a copy on the National Judge Advocate.
(c) If the National Commandant grants the request, the National Commandant shall
direct the National Judge Advocate to decide the appeal on the merits.
(2) A complete copy of the appeal shall be served on the other party (Respondent or
Petitioner) and to the Jurisdictional Judge Advocate concurrent with the filing of the appeal to the
National Judge Advocate. All copies shall be served by certified mail return receipt requested.
(3) If the Petitioner or Respondent requests a copy of the recording of the hearing, as
provided in Section 9065(c)(3), the thirty (30) day appeal period in Section 9080 shall commence
upon receipt of the copy of the recording.
c. National Judge Advocate Ruling
(1) The National Judge Advocate shall rule on the appeal in writing within thirty (30)
days of receipt of the appeal either granting or denying the appeal.
(2) The National Judge Advocate shall serve copies of his ruling on:
(a) The parties by certified mail return receipt requested, and
(b) The National Commandant, the Division National Vice Commandant, the
Department Commandant, and the Department Judge Advocate by email.
(3) The National Judge Advocate may make his decision from the official recording and
the written summary of the hearing, or he may permit the Petitioner or Respondent or the counsel
of either to make an oral or written argument concerning the appeal after written notice to the other
party. No oral or written argument to or contact with the National Judge Advocate should be
made concerning the appeal absent his specific request for the same.
(4) If the record of the hearing is insufficient or there exist material irregularities in
procedure, the National Judge Advocate may refer the matter back to the Hearing Board to
supplement the record or correct such material irregularity.
(5) Questions of admissibility of evidence, the regularity of the proceedings, and the
credibility of witnesses and evidence determined by the Hearing Board shall not be overturned on
appeal unless the Hearing Board is clearly in error.
Section 9085. Appeals to the National Board of Trustees
a. Appeal to National Board of Trustees. Either the Petitioner or Respondent or the
counsel of either may appeal the National Judge Advocate’s ruling to the National Board of
Trustees. The appeal shall be in writing and state the basis for the appeal.
b. Filing the Appeal. The appeal shall be filed with the National Judge Advocate, copy to
the National Commandant and to the other party, by certified mail return receipt requested within
thirty (30) days after receipt of the National Judge Advocate’s ruling. A certified mail receipt
postmarked within such period constitutes proof of filing the appeal.
(1) Any appeal not filed timely shall be deemed waived absent a showing of good cause.
2019 NATIONAL ADMINISTRATIVE PROCEDURES
9 Aug 2019 AP 9 - 27
(2) The National Judge Advocate shall determine if an appeal is timely.
(a) If the appeal is timely, the National Judge Advocate shall inform the National
Commandant in writing.
(b) If the appeal is not timely the National Judge Advocate notifies the appealing
party in writing stating the reasons for the decision with a copy to the National Commandant.
(3) If the appealing party:
(a) contests the National Judge Advocate’s decision that the appeal is untimely
or
(b) asserts good cause, he shall file a written request with the National
Commandant to reinstate his appeal and place it on the agenda of the National Board of Trustees.
(c) The party shall serve a copy of the appeal on the National Judge Advocate.
c. Agenda of National Board of Trustees. If the appeal is timely or good cause is shown,
the National Commandant shall:
(1) place the appeal on the agenda of the National Board of Trustees for review at the
next scheduled meeting of the Board and
(2) notify the National Judge Advocate that the appeal is on the Board’s agenda for a
certain date.
d. Preparing the Appeal for the Board. The National Judge Advocate shall:
(1) Inform the appellant by written notice that:
(a) The appeal will be on the National Board of Trustees agenda on a certain date.
(b) He has until the date certain to submit seventeen copies of his appeal to the
National Judge Advocate for distribution to the National Board of Trustees members.
(2) Draft a brief for the Board:
(a) stating the charges and specifications and findings and pertinent evidence,
(b) commenting on each basis for the appeal, and
(c) attaching a copy of his ruling denying the appeal to the National Judge
Advocate.
(3) Prepare the appeal for distribution to Board members.
e. The National Judge Advocate shall not sit as a member of the National Board of Trustees
to hear the appeal. The National Commandant shall appoint an acting National Judge Advocate
while the appeal is before the National Board of Trustees.
f. Basis for the Board Ruling. The Board may:
(1) Make its decision based on the official recording and the written summary of the
hearing;
2019 NATIONAL ADMINISTRATIVE PROCEDURES
9 Aug 2019 AP 9 - 28
(2) Permit the Petitioner and/or the Respondent or the counsel of either to appear and
argue the matter before the National Board of Trustees after written notice to the other party.
(3) Permit the National Judge Advocate to present his brief orally to the Board.
(4) Take further evidence including evidence in mitigation or aggravation under such
rules and conditions as it may adopt.
g. The Board Ruling. The National Board of Trustees may sustain or reject the ruling of
the National Judge Advocate. If the National Board of Trustees fails to sustain the ruling of the
National Judge Advocate, it shall issue its own decision in writing. The acting National Judge
Advocate shall draft the ruling of the Board. The National Chief Operating Officer shall serve a
copy of the Board ruling on the Petitioner, Respondent, Department Judge Advocate, Department
Commandant, the National Division Vice Commandant, and the National Judge Advocate.
h. No Further Appeal. The decision of the Board of Trustees is final and there is no
further right of appeal.
Section 9090. Suspension of Pending Hearing. In all disciplinary proceedings brought under
Sections 9040, 9045, and 9050 herein, the designated Jurisdictional Judge Advocate shall possess
the discretionary authority to temporarily suspend the Respondent from membership, office or
function pending final resolution of the disciplinary charge. The National Judge Advocate and
National Chief Operating Officer shall be notified in writing of such suspension.
Section 9095. Punishment
a. Following conformance with the procedures outlined in this Chapter, if the Respondent is
adjudged guilty of committing any act which would tend to bring the Marine Corps League into
public disrepute, and/or conduct unbecoming a member of the Marine Corps League, or if he has
violated any of the applicable provisions of the National, Department or Detachment Bylaws or
Administrative Procedures, or any offense set forth in Section 9105 hereof, the Respondent shall
be subject to the following:
(1) A member, or officer at any level, may be punished by written reprimand,
suspension for a specified period of time or be expelled from the Marine Corps League.
(See Section 9080 & 9085)
(2) A Detachment or Department may receive a reprimand; its Charter may be
temporarily suspended; or its Charter may be permanently revoked.
(3) The National Chief Operating Officer shall be notified of all actions taken pursuant
to this section.
b. When the Respondent has been adjudged guilty, and punished by suspension, or expulsion
the Respondent is stricken from the roles of the Marine Corps League for the specified period of
time specified by the adjudication. During that time, the Respondent is not permitted to attend or
participate in any functions of the Marine Corps League, subsidiary and subordinate organizations
or to represent that he is a member of the Marine Corps League. If the Respondent is found in
2019 NATIONAL ADMINISTRATIVE PROCEDURES
9 Aug 2019 AP 9 - 29
violation of a suspension, the Respondent is subject to further charges and possible expulsion from
the Marine Corps League.
c. The administrative procedures for Suspension and Reinstatement are delineated in
Attachment Six (6). The administrative procedures for Expulsion are delineated in Attachment
Seven (7). The administrative procedures for Resignation In lieu of Hearing are delineated in
Attachment Eight (8).
Section 9100. Criminal Acts. Should any member of the League, or any subsidiary
organization, subordinate group or members thereof, violate any of the criminal laws of the United
States, or a State having jurisdiction thereof, the complaint should be made directly to the proper
Federal, State or local authority, and not to the League although such conduct may also be the basis
for a disciplinary charge under this chapter.
Section 9105. Offences. The following offenses are recognized:
a. Violation of oath of membership.
b. Violation of oath of office.
c. Conduct unbecoming a member of the Marine Corps League.
d. Any action detrimental to the League.
e. Conviction of any crime which constitutes a felony in a County, City, State, or Federal
Court in the United States of America. A charge filed alleging a violation of any of the above
offenses shall be processed in accordance with the procedures in Chapter Nine.
Section 9110. Charges Stemming from a Previously Heard Matter. In the event a charge stems
from a previously heard grievance or disciplinary charge, the failure to take corrective action to
resolve a grievance, the failure to comply with a temporary suspension or the punishment issued
during a previously heard matter, the jurisdictional body shall be deemed to be the body who last
heard the proceedings and/or whose findings were the basis of such finding, suspension or
punishment.
a. A charge filed under this section shall be submitted in writing to the National
Commandant and the National Judge Advocate.
(1) If the charge stems from a previously heard matter, the National Judge Advocate
will determine and immediately notify the Commandant of the jurisdictional body to re-convene a
hearing at a time and place of its convenience at, or near, the place of the previous hearing. It may
hear testimony and may conduct its own independent investigation and shall make such additional
findings and render such additional punishment, if any, that it finds necessary to enforce the prior
decision.
(2) If the charge stems from a violation of a temporary suspension, the National Judge
Advocate will determine and immediately notify the jurisdictional Commandant who may, prior to
convening a hearing, conduct his own independent investigation, document his findings, and make
2019 NATIONAL ADMINISTRATIVE PROCEDURES
9 Aug 2019 AP 9 - 30
such findings known to the Hearing Board. If a violation is found the Hearing Board shall render
such additional punishment as may be deemed necessary to enforce the prior punishment.
(3) The Hearing Board's decision, which must be agreed to by a majority of the Hearing
Board, shall be forwarded to Petitioner and the Respondent and the National Judge Advocate
within fifteen (15) days. The National Judge Advocate will thereupon effect proper service of the
Hearing Board's decision to the National Board of Trustees and the National Chief Operating
Officer.
(4) The Hearing Board's decision may be appealed in accordance with the appropriate
section of the Administrative Procedures governing the original charge.
Section 9115. Administrative Expulsion of a Member
a. In the case wherein a Member is convicted of a crime which constitutes a felony in a
County, City, State or Federal Court in the United States of America, the Detachment or
Department in which the member is in good standing, may file appropriate charges in accordance
with the guidelines set forth in Chapter Nine. However, the Member may be given the
opportunity to resign from the Marine Corps League with prejudice, in lieu of filing of charges
under Chapter Nine.
b. In the event the convicted felon Member does not wish to resign and the Detachment or
Department does not desire to retain the convicted felon as a Member, the Detachment or
Department may obtain the applicable court documents wherein the Member was convicted of the
felony and submit the certified court documents to the Department Judge Advocate with a request
to approve the Administrative Expulsion from the rolls of the Marine Corps League with
prejudice.
c. If the Department Judge Advocate approves the Administrative Expulsion request, the
Member will be notified by Certified Mail, copies being provided to the National Headquarters,
Marine Corps League and to the Detachment. The Member may appeal the decision of the
Department Judge Advocate in accordance with Section 9085 within 30 days.
2019 Administrative Procedures - Chapter Nine - Attachment 1
9 Aug 2019 AP Chapter Nine Attachment 1 - 1
Marine Corps League
National/Department Hearing Board
Log of Recording Activities
Date: _________________
Recorder: ______________________________
Respondent: ______________________________
Petitioner: ______________________________
Recording # _____ Start Time _____ Stop Time _____ Reason _____ Resume _____
Media Change _____ Initials ______
Number of Media Used _______ Type______________ Signatures of Hearing Board Members
_______________ 30 Min ___________________________________
_______________ 90 Min ___________________________________
_______________ 110 Min ___________________________________
_______________ 120 Min ___________________________________
_______________ 30 Min ___________________________________
Signature of Recorder: ______________________________ Date: ________________________
Signature of Media Custodian: _______________________ Date: ________________________
Remarks:
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
Page ____ of Pages ____
2019 Administrative Procedures - Chapter Nine - Attachment 1
9 Aug 2019 AP Chapter Nine Attachment 1 - 2
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2019 Administrative Procedures - Chapter Nine - Attachment 2
9 Aug 2019 AP Chapter Nine Attachment (2) - 1
SAMPLE RITUAL FOR CONDUCTING A HEARING BOARD IN ACCORDANCE
WITH
CHAPTER NINE (9) MCL ADMINISTRATIVE PROCEDURES
Any hearing under Chapter Nine of these Administrative Procedures should be conducted in
an
orderly and efficient manner enabling the parties to be heard and evidence presented, and
to enable the Hearing Board to make a fair and just decision.
HAVE THE RECORDER START RECORDING
(Have the recorder monitor the recording. When the tape needs to be changed he will
inform
the Chairman who will then stop the proceedings and direct stopping the
recording, changing the tape, and restarting the recording. The Chairman then directs the
continuation
of the proceedings. NO DISCUSSION WILL OCCUR WITH THE RECORDING
STOPPED.)
CHAIRMAN:
Sgt-At-Arms secure the hearing room.
SGT-AT-ARMS:
Aye, Aye sir: The hearing room is secure.
CHAIRMAN:
Sgt-At-Arms led us in the Pledge of Allegiance.
SGT-AT-ARMS: Aye, Aye, sir. Hand
salute.
I pledge allegiance to the flag of the United
States
of America and to the Republic for which it
stands,
one Nation under God, indivisible with
liberty
and justice for all. Ready Two.
CHAIRMAN:
We are now in Executive Session. This Hearing Board is convened in
accordance with and under the authority of Chapter Nine (9) of the National Marine Corps
League
Administrative Procedures to hear the charges brought by:
______________________________________
against
______________________________________
.
(PETITIONER) (RESPONDENT)
Today is _______________ (Day) and the date is ______________
and the time is _____.
Everyone will remain quiet and respectful during the conduct of this hearing. You will
not speak unless the Chairman has given you the floor or the person who has the floor
asks you a question. There will be only one person speaking at a time. No one will
speak out of turn and if you violate this rule, the Sgt-At-Arms will escort you from the
hearing room. If you are escorted from the room, you will not return. There will be no
additional warning given. Members of the
Hearing Board may interrupt and ask
questions of any person or witness at any time.
2019 Administrative Procedures - Chapter Nine - Attachment 2
9 Aug 2019 AP Chapter Nine Attachment (2) - 2
The members of the Hearing Board are as follows:
Chairman Name: _______________________ Position: ______________ Unit: _______________
Judge Ad Name: _______________________ Position: ______________ Unit: _______________
Member Name: _______________________ Position: ______________ Unit: _______________
Member Name: _______________________ Position: ______________ Unit: _______________
Member Name: _______________________ Position: ______________ Unit: _______________
Other non-voting members of the Hearing Board are
Sgt-At-Arms Name: __________________________________.
Recorder Name: __________________________________.
The charges before this Hearing Board are as follows: - (READ CHARGES)
The Judge Advocate will now list and identify for the record all exhibits entered into
evidence currently accepted by the Board:
JUDGE ADVOCATE: (LIST AND IDENTIFY EXHIBITS BY NAME AND N UMBER)
CHAIRMAN:
Are there any challenges or objections to the marked exhibits and affidavits?
If none, so state.
CHAIRMAN:
Are there any additional exhibits to be presented to the Board? (Determine
whether they will be accepted. If accepted, have the JA mark and identify them.)
CHAIRMAN:
The Judge Advocate will now swear in all witnesses. Everyone who will
present evidence to the Board please rise and raise your right hand.
JUDGE ADVOCATE:
Repeat after me: "I do solemnly swear or affirm to tell the truth, the
whole truth, and nothing but the truth."
CHAIRMAN: Be seated.
CHAIRMAN:
The Petitioner may present an opening statement.
(If
desired by the Board)
PETITIONER:
Present opening statement.
2019 Administrative Procedures - Chapter Nine - Attachment 2
9 Aug 2019 AP Chapter Nine Attachment (2) - 3
CHAIRMAN:
The Respondent may present an opening statement. (If desired by the
Board)
RESPONDENT:
Presents opening statement.
CHAIRMAN:
The Petitioner will call his first witness.
(At this point, the floor is turned over to the Petitioner to present his case. After the
Petitioner finishes his questions then ...)
CHAIRMAN:
The Petitioner may call his next witness.
(The process repeats itself until the Petitioner has presented his case and called all his
witnesses. If, after the Respondent questions a witness, the Petitioner wants to ask another
question or redirect the witness, he may. If he does, the Respondent also gets a chance to
redirect that witness.)
CHAIRMAN:
The Respondent may call his first witness.
(At this point the process repeats with Respondent asking his questions first and then when
he
is finished, the Petitioner gets a chance to ask his questions of the same witness.)
CHAIRMAN:
The Respondent may present a closing statement. (If desired by the Board).
RESPONDENT: Presents closing statement.
CHAIRMAN: The Petitioner may present a closing statement.
(If
desired by the Board).
PETITIONER:
Presents closing statement.
CHAIRMAN:
There being no more business to be brought before this Board we will proceed to
adjourn. The Board will not render its decision today. The Board will render its decision
in
writing within fifteen (15) days from today. Both parties will be notified by certified mail with
return receipt.
The
Hearing Board
is
adjourned.
The
time
is _____________.
STOP
THE
RECORDING
NOTES FOR CONDUCTING HEARING BOARD
CONDUCT
Any hearing under Chapter Nine (9) of these Administrative Procedures should be conducted
in an orderly and efficient manner enabling the parties to be heard and evidence presented,
and to enable the Hearing Board to make a fair and just decision.
2019 Administrative Procedures - Chapter Nine - Attachment 2
9 Aug 2019 AP Chapter Nine Attachment (2) - 4
Assemble the hearing room so that the Hearing Board is all seated at the same
table facing
the room. The Petitioner and Respondent should have separate tables facing the Hearing
Board.
Have the National Flag and Bible present at the hearing.
The Hearing Board Chairman calls the hearing to order and introduces all of the Hearing
Board members, the Recorder and the Sgt-At-Arms. Announce why the
Sgt-At-Arms is there
and make sure that everyone is perfectly clear that; the
hearing will be orderly, no one will
argue or speak out of turn and that, if they do,
they will be directed to immediately vacate the
hearing room. Never allow the
parties to argue amongst themselves. Strike quickly on the first
attempt, no
matter how minor, and you may prevent any further attempts.
All persons having permission to speak must first identify themselves
before speaking.
This is important for any follow up as a result of an appeal. The
person or persons acting on
an appeal must be able to know who is
speaking when listening to the tape.
If for some reason the hearing cannot be concluded on the day set forth in the
original notice,
the hearing may be re-convened on another day, time and place. The Administrative
Procedures do not set forth a time limitation on what that date should be. However, minimally
comply by setting the first hearing date within the sixty (60) day period from receiving the
grievance or disciplinary charge and then continue the hearing to another date if need be. If
you announce at the hearing, the date, time and place of re-convening the hearing, there is
no requirement to send out additional written notices to anyone. If you do not, and set a
date, time and place later, you must serve new notice by certified mail.
JUDGE ADVOCATE DUTIES
Introduce all exhibits into evidence. All the exhibits should have been previously provided by
the Petitioner and Respondent fifteen (15) days prior to the date of the hearing and the
Petitioner and Respondent should have received a list of all of the exhibits to be introduced
prior to the hearing. The exhibits should be marked consecutively with numbers for the
Petitioner and consecutively with letters for the Respondent.
Exhibit (1) should be the written grievance or disciplinary charges being brought.
Exhibit (2) should be the written response, if any, from the Respondent.
Exhibit (3) should be the written notice to the parties setting out the Hearing Board members and
the date, time and place of the hearing. Attach copies of the certified mail receipts making sure
that the date of service is clear. If the Respondent was served by the Sgt-At-Arms, attach a copy
of his Return of Service showing the date, time and place of service.
If any of the original Hearing Board members were challenged, the written
challenge and the
written notice of replacement should be entered as exhibits along with documentation showing
service to Respondent and Petitioner.
2019 Administrative Procedures - Chapter Nine - Attachment 2
9 Aug 2019 AP Chapter Nine Attachment (2) - 5
If
the Hearing Board conducted its own investigation, the written report of the
investigator
should also be an exhibit. NOTE: No member of the Hearing Board
should conduct the
investigation himself. The investigator should be called as a witness by either the Board, the
Petitioner or the Respondent.
If a
Hearing Board
member conducts an investigation himself,
he has created a conflict because he
cannot appear as an independent witness and a Hearing
Board member who must
decide the case.
Mark any notarized affidavits as permitted in this chapter.
HEARING BOARD DECISION
It is recommended that the Hearing Board not announce your findings at this time and that the
Chairman merely notify all parties that the decision will be rendered as required by the
Administrative Procedures within fifteen (15) days.
Write your decision and get a majority vote on the decision.
If a grievance is substantiated, set out what action will be necessary to resolve the
grievance.
If punishment is warranted on a disciplinary charge, set out the punishment
clearly.
Try to make you r decision as clear as possible setting out why you found the way
you did. It is
entirely appropriate to set out that you believed certain evidence or
did not believe certain
evidence. The Hearing Board has the duty to make the
determination as to whom and what
version of events it believes. The Hearing
Board gives whatever weight it chooses to the
evidence. Please remember that in
the event of any appeal of your decision, it is being
reviewed by someone or some
other body, such as the National Judge Advocate or the Board of
Trustees who did
not have the opportunity to view the case and the witnesses, or hear the
evidence,
and that they are relying upon the record created.
2019 Administrative Procedures - Chapter Nine - Attachment 2
9 Aug 2019 AP Chapter Nine Attachment (2) - 6
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2019 Administrative Procedures - Chapter Nine - Attachment 3
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A SAMPLE CHRONOLOGY
All hearings whether for a grievance or a disciplinary action start with the basic proposition that
from the date of the filing on the complaint to the date of the start of the hearing should be 75
days or less. This chronology is only a guide and assumes a grievance or disciplinary procedure
at the primary Department level where the jurisdictional Judge Advocate is the Department
Judge Advocate and the jurisdictional Commandant is the Department Commandant.
Judge Advocate receives by certified mail from the petitioner the Grievance or
Disciplinary Charge(s) against a respondent with copies to the Department
Commandant, the National Judge Advocate and the National Commandant. The
petitioner must provide evidence of service of the original of the grievance of disciplinary
charge(s) upon the respondent by certified mail/return receipt requested.
The Judge Advocate and/or the Department Commandant have 20 days
in which to conduct a preliminary investigation and/or attempt to obtain
an informal settlement of the grievance or disciplinary charge(s).
If the matter is not settled, the Commandant shall immediately appoint a Hearing
Board comprised of the Department Commandant, the Department Judge Advocate
and at least two other members. The Judge Advocate shall notify the petitioner and the
respondent in writing of the composition of the Hearing Board and the date of the convening of
the hearing which should be within 75 days of the original receipt of the grievance or
disciplinary charge(s). The convening date cannot be less than 20 days from the original receipt.
Administrative Note: Copies of specific Sections of Chapter 9 must be forwarded to the
petitioner and the respondent with this notification. See Section 9040, Paragraph (g)(2).
The petitioner and the respondent each have 10 days to file a written
challenge to the composition of the Hearing Board in accordance with
Section 9010, Paragraph (o) of this chapter. The Judge Advocate is not subject to challenge
except for good cause. Upon receipt of a sustained challenge, the Appointing Authority shall
appoint a replacement who shall be subject to challenge only as specified in Section 9020,
Paragraph (f)(1).
Not less than 15 days before the established hearing date, the petitioner and the
respondent must provide the Judge Advocate with a full list of all witnesses and a
list and copy of all exhibits and all notarized statements to be presented to the
Hearing Board. Note that if the hearing date is less than 75 days then you count backwards from
the hearing date to establish the date upon which these materials must be provided.
Administrative Note: The date these materials must be provided should be included in the
notification sent to the petitioner and respondent on DAY 20.
DAY ONE
DAY 2 TO DAY 19
DAY 20
DAY 21 TO DAY 30
DAY 60
2019 Administrative Procedures - Chapter Nine - Attachment 3
9 Aug 2019 AP Chapter Nine Attachment 3 - 2
Not less than 5 days before the date of the hearing the Judge Advocate shall
provide copies of the lists of witnesses, lists of the exhibits, copies of the exhibits
and copies of the notarized statements to the petitioner and respondent. If the Hearing Board
intends to call its own witnesses and/or introduce its own exhibits, the Judge Advocate should
prepare the appropriate list and forward copies to the petitioner and respondent. Again, if the
hearing date is less than the 75
th
day, you count backwards from the hearing date to establish this
date.
Hearing is started. From the date of the conclusion of the hearing, the Hearing
Board has 15 days in which to render its written decision. Upon entry of the
finding and the decision, the petitioner and the respondent have 30 days to file a “Notice of
Appeal” as set forth in these procedures.
All mail under this chapter must be by certified mail/return receipt requested.
E-Mail or facsimile transmissions are not acceptable except as may be specifically allowed by
the procedures in this chapter
NOTE: Adjustments to coincide with the modified timeline and references were made to this
chronology, recognizing that this chronology is only a guide and is not mandatory.
See Section 9000, Paragraph (f) of this Chapter.
DAY 70
DAY 75
2019 Administrative Procedures - Chapter Nine - Attachment 4
9 Aug 2019 AP Chapter Nine Attachment (4) - 1
FINDINGS OF THE ____________
________
HEARING BOARD BETWEEN
(DISCIPLINARY or GRIEVANCE)
PETITIONER______________________________________
AND
RESPONDENT ____________________________________
A Hearing Board was convened on ________________at __________________________ to hear
(Day/Date) (Place/Location)
this complaint.
The Hearing Board was comprised of the following members:
Chairman Name: _______________________ Position: ______________ Unit: _______________
Judge Ad Name: _______________________ Position: ______________ Unit: _______________
Member Name: _______________________ Position: ______________ Unit: _______________
Member Name: _______________________ Position: ______________ Unit: _______________
Member Name: _______________________ Position: ______________ Unit: _______________
Other Hearing Board Personnel:
Sgt-At-Arms Name: __________________________________
Unit: _____________________
Recorder Name: __________________________________
Unit: _____________________
NOTE: If a Hearing Board Investigator was named and used, list their name and unit here.
2019 Administrative Procedures - Chapter Nine - Attachment 4
9 Aug 2019 AP Chapter Nine Attachment (4) - 2
ATTACHMENTS:
1. Order of Authorization of the Hearing Board by the Commandant of the
Department of
_______________________________ dated _____________________.
EXHIBITS:
#1
Filing of formal Grievance by Petitioner
#2
Written response (if any) by Respondent
#3 Notice to parties identifying Hearing Board Members and date, time and place of hearing.
#4 Petitioner Exhibit
#5
Petitioner Exhibit
#A
Respondent Exhibit
#B
Respondent Exhibit
SUMMARY:
PETITIONER FOR DETACHMENT
, ______________________________________.
(Detachment & #)
(Name)
(Title)
Petitioner ___________________________________
filed a grievance/charges concerning
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
The Petitioner wanted
___________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
The Hearing was opened and the Department Judge Advocate listed for the record the exhibits
before the Board. There were/were not challenges or objections to any exhibit. The
Chairperson
swore in all witnesses at the same time or individually. Board did/did not desire opening
statements.
The Petitioner complaints/charges were stated as:
#1
___________________________________________________________________
2019 Administrative Procedures - Chapter Nine - Attachment 4
9 Aug 2019 AP Chapter Nine Attachment (4) - 3
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
#2
___________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
#3
__________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
No witnesses were called or:
Witness
stated that
_______________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Witness
stated that
_______________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
2019 Administrative Procedures - Chapter Nine - Attachment 4
9 Aug 2019 AP Chapter Nine Attachment (4) - 4
Petitioner __________________________ rested his case.
Respondent ________________________ presented his case.
Witness
stated that
_______________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Witness
stated that
_______________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Respondent _______________________
rested his case.
The Hearing Board did/did not desire closing statements.
The Hearing Board called ___________________________________ who was assigned by the
Hearing
Board as an investigator. Investigator ________________________________filed his
report as
Exhi
bit
_______________
with/without
objection.
His
report
concluded
that:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
The Board agreed/disagreed with Investigator________________
______
conclusions.
2019 Administrative Procedures - Chapter Nine - Attachment 4
9 Aug 2019 AP Chapter Nine Attachment (4) - 5
FINDINGS:
The findings of the Hearing Board are as follows:
The Board found/did not find evidence to support any of the Petitioner's claim specifically:
Complaint #1
-
the Board found that:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Complaint #2 -the Board found that:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Complaint #3
-
the Board found that:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
REQUIRED ACTION:
GRIEVANCE HEARING BOARD:
The Board directs that:
___________________________________________________
2019 Administrative Procedures - Chapter Nine - Attachment 4
9 Aug 2019 AP Chapter Nine Attachment (4) - 6
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
DISCIPLINARY HEARING BOARD:
PUNISHMENT:
By
majority
agreement
the
Board
ad
judges ______________________________ guilty of
(Respondent)
(List the charges that the Board adjudged the Respondent guilty of)
1.
____________________________________________________________________
2.
____________________________________________________________________
3. ____________________________________________________________________
The Hearing Board awards punishment as:
________________________________________
______________________________________________________________________
If punishment is suspension for a specific period of time or expulsion from the Marine Corps League,
provide the following Respondent's information:
MCL
Membership Number ___________________
MCL
Life
Member
Number _______________
MODD
Membership
Number _________________ M
ODD
Life
Member
Number _____________
MODD Pound Name and Number __________________________________________________
NOTES
Be specific. Identify by name, persons who appeared before the Hearing Board and what their
statements were.
State what the Hearing Board thought of each witness and/or exhibit. Did the Board believe or
disbelieve the witness and why. Did the Board believe or disbelieve the exhibit and why.
Both sides may present witnesses and any witnesses should be identified in the findings.
If the grievance is substantiated, indicate what action is required to resolve the grievance.
2019 Administrative Procedures - Chapter Nine - Attachment 4
9 Aug 2019 AP Chapter Nine Attachment (4) - 7
If any disciplinary charge is substantiated or proved, the Hearing Board shall state in its decision its
findings relating to the evidence and shall also state the punishment awarded by the Board.
If any disciplinary charge(s) is not substantiated or proved, the written decision shall so state.
If punishment is suspension for a specific period of time or expulsion from the Marine Corps
League, include all identifying information about the Respondent including MCL Membership
Number and whether or not the member is a member of the MODD. This information is required to
ensure the correct member is removed from both the League and MODD rolls.
The findings of the Hearing Board must be agreed to by a majority of the Board members.
2019 Administrative Procedures - Chapter Nine - Attachment 4
9 Aug 2019 AP Chapter Nine Attachment (4) - 8
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2019 Administrative Procedures - Chapter Nine - Attachment 5
9 Aug 2019 AP Chapter Five Attachment 5 - 1
Sample Grievance Letter and Disciplinary Charge Letter Instructions
If the letter is filed officially from the
Detachment or Department, the full letterhead
should be used, and that
information should be included in the text.
Note that the addressing is different for a Grievance and for Disciplinary Charges.
The Detachment or Department Board of Trustees may direct the jurisdictional Judge
Advocate to file the
complaint, and act as the Petitioner for the Board of Trustees at
any hearing that may result from the
complaint.
If the Grievance(s) or Disciplinary Charge(s) are filed by a member or members
against the action(s)
of another member or members, the letterhead should be
minimal, or it may be omitted altogether if the
organization is not pertinent to the
complaint.
For a Grievance or Disciplinary Charges, the respondent
has the right to provide a
written response but is
not required to do so. The response is to be sent to the
jurisdictional Judge Advocate within 10 days
of the receipt of the Grievance or
Disciplinary Charge and should only address the stated charges as briefly
as possible and should not include any potential evidence or exhibits. The format of the response
should
generally follow the format of the complaint.
If the Grievance(s) or Disciplinary Charge(s) are filed against the action(s) of a
Department
Commandant, a Department or any elected National Officer, Chapter
Nine has specific protocols that
must be followed.
The date is important. The actual date it goes in the mail starts the clock for
calculating the sequence
of events. It should be dated the same day it goes in the mail.
If there is more than one Petitioner, such as the Board of Trustees of the Detachment,
each Petitioner must
sign the letter.
The Petitioner(s) may request some specific action that they believe is appropriate,
but the final action is
the prerogative of the Hearing Board.
As noted in Chapter Nine, all correspondence must be sent Certified Mail with Return
Receipt Requested
unless there is a specific exception cited. If there is more than one
Respondent, each will have a copy of the
respective letter sent to them.
Certified, Return Receipt Mail must be sent to the Respondent, the Department Commandant, the
Department Judge Advocate, the National Commandant, and the National Judge Advocate.
2019 Administrative Procedures - Chapter Nine - Attachment 5
9 Aug 2019 AP Chapter Five Attachment 5 - 2
SAMPLE GRIEVANCE LETTER
A Detachment 9999
Department of (_________________) (State)
Marine Corps League
1 June 2019
From: Enter Name and Title of Petitioner(s)
To:
Judge Advocate, Department of (_________________) (State)
CC:
Respondent(s)
Commandant, Department of (_________________) (State)
National Commandant
National Judge Advocate, Marine Corps League
Subj: Grievance
(I/We) charge (name of respondent(s)) with __________________________
This area should present a full and factual statement of what occurred; clear and straight
forward stating exactly what happened, to the best of the Petitioner's knowledge.
It should cite the specific paragraph of the National Bylaws or Administrative Procedures that
was violated. It should simply cite the specific violation in simple details and should not be
concerned with the legalese or legal wording of the violation.
It should only contain information known directly by the Petitioner. If the Petitioner
includes a statement or information from another individual concerning the alleged
infraction, that individual must be identified by name for the statement to be included.
The complaint should contain all known factual information, but it should be as brief as
possible without deleting or editing out any information
If there is more than one issue involved in the Grievance, a separate paragraph should be
used
for each issue.
This paragraph should contain the requested corrective
action.
Semper Fidelis,
/Signature(s)/
Name(s) and Address(es) of Petitioner(s)
2019 Administrative Procedures - Chapter Nine - Attachment 5
9 Aug 2019 AP Chapter Five Attachment 5 - 3
SAMPLE DISCIPLINARY CHARGE LETTER
A Detachment 9999
Department of (_________________) (State)
Marine Corps League
1 June 2019
From: Enter Name and Title of Petitioner(s)
To:
Respondent(s)
CC:
Commandant, Department of
(_________________) (State)
Judge Advocate, Department
(_________________) (State)
National Commandant, Marine Corps League
National Judge Advocate, Marine Corps League
Subj: Disciplinary Charges
(I/ We) charge (name of Respondent(s) with _________________________
This area should present a full and factual statement of what occurred; clear and straight forward stating
exactly what happened, to the best of the Petitioner's knowledge.
It should cite the specific paragraph of the National Bylaws or Administrative Procedures that
was violated. It should simply cite the specific violation in simple details and should not be
concerned with the legalese or legal wording of the violation.
It should only contain information known directly by the Petitioner. If the Petitioner
includes a
statement or information from another individual concerning the alleged infraction, that
individual must be identified by name for the statement to be included.
The complaint should contain all known factual information, but it should be as brief as
possible
without deleting or editing out any information.
If there is more than one charge filed, or more than one issue involved in the charge(s), a
separate paragraph(s) should be used for each charge and each issue.
This paragraph should contain the requested corrective
action.
Semper Fidelis,
/Signature(s)/
Name(s) and Address(es) of Petitioner(s)
2019 Administrative Procedures - Chapter Nine - Attachment 5
9 Aug 2019 AP Chapter Five Attachment 5 - 4
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2019 Administrative Procedures - Chapter Nine - Attachment 6
9 Aug 2019 AP Chapter Nine Attachment 6 - 1
SUSPENSION AND REINSTATEMENT PROTOCOL
Suspension Protocol
1. Temporary Suspension. Under NAP SECTION 9090 the Department Judge
Advocate may order a Temporary Suspension, but is not required to do so, after a disciplinary
charge is formally filed by Certified Mail, Return Receipt Requested with the Department Judge
Advocate. The Temporary Suspension:
a. Is effective on the date of service* on the Respondent;
b. Includes NAP Section 9095 (b) restrictions; and
c. Ends on the date of the Findings of the Hearing Board (Findings).
If the respondent holds an office, the office is considered vacant and a temporary officer is
appointed to fill the vacancy until the temporary suspension ends. If the Respondent is found (1)
not guilty or (2) guilty but not suspended or expelled, the Respondent is restored to his/her
office.
Note No member cannot be suspended unless Disciplinary Charges have been properly filed in
accordance with Chapter. Then, only the Jurisdictional Judge Advocate can suspend a MCL
member. *For effective service, see Paragraph 3.d below
2. Punishment. The Hearing Board awards to Respondent, punishment of suspension for
_______________ months/years.
3. Date Suspension is Effective
a. Temporary suspension ends on the date of the Findings.
b. Suspension is effective on the date of the Findings.
c. If the sentence of the Hearing Board states the beginning date of the suspension, the
suspension begins and ends on accordance with the stated date.
d. Service of Findings will be made in accordance with NAP Section 9075 using certified
mail Return Receipt Certified. Proof of delivery of certified mail to Respondent’s last known
address constitutes service even if Respondent does not accept delivery.
4. Any Office Held. Any office held by Respondent is vacant on the date of the Findings. The
Detachment, the Department or National may proceed immediately to fill the vacancy.
5. Appeal Denied or Not Filed. If punishment of suspension is still in effect when the appeal
process is exhausted*, the National Judge Advocate (NJA) notifies the National Chief Operating
Officer that the Respondent’s name is to be stricken form the rolls. In practice, Respondent’s
name remains on the roster of his Detachment have the notation “suspended” marked after his
name.
* Appeal not filed within time limits or last appeal ruled upon.
6.
Removal from Rolls
.
The
National Chief Operating Officer
removes
Respondent's
2019 Administrative Procedures - Chapter Nine - Attachment 6
9 Aug 2019 AP Chapter Nine Attachment 6 - 2
name
from
the
rolls by
notation
"
suspended"
after
his/her
name.
Respondent
continues
to
be
carried
as
a
member
of
h
is/her
Detachment
on
the
Nat
i
onal
roste
r
but
with
a
notation
of
suspension.
After the date of suspension is effective, Respondent remains a member of the
Detachment
in which he/she held membership at the time of suspension.
The National
Chief Operating Officer
does not maintain a list of suspended or
expelled
members separate from the National roster.
The National Judge Advocate shall maintain a list of suspended and expelled
members,
which is updated weekly and sent to the National
Chief Operating Officer
.
7.
Notification of Removal of Name from Rolls
.
Upon receiving written notice from the
National
Chief Operating Officer
of the notation of suspension, the National Judge Advocate
notifies in writing*, the Division National Vice
Commandant, Department Commandant,
Department Judge Advocate, Detachment Commandant, MOOD Smart Dog, Petitioner and
Respondent:
Respondent's name has been removed from rolls, a notation of suspension
after
Respondent's name, but Respondent remains a member of the
Detachment under the
conditions set forth in Section 9095;
Date suspension became effective;
Date suspension ends; and
Protocol for reinstatement (See Reinstatement Protocol below).
*NAP Section 9015 applies. Petitioner and Respondent are notified by
certified mail,
return receipt requested.
E-mail to all others is acceptable.
8.
Violation of Suspension
a.
A violation of suspension stops "good time" towards the suspension from the
date
of the violation.
b. Upon resolution of charge of violation of suspension:
(1) If guilty, National Judge Advocate re-computes suspension time according to
punishment; or
(2) If not guilty, Respondent receives credit for all time since date
of suspension.
9.
Suspension period ends
.
Respondent is not notified that the suspension period
has
ended. It is his/her responsibility to keep track of his/her status. Until
Respondent
receives a Letter of Reinstatement from the National Judge Advocate,
the conditions of
2019 Administrative Procedures - Chapter Nine - Attachment 6
9 Aug 2019 AP Chapter Nine Attachment 6 - 3
suspension under Section 9095 remain in effect.
Reinstatement Protocol
Reinstatement on the Rolls
-
Until Respondent is reinstated on the rolls, the conditions of suspension in
Section 9095
remain in effect.
Respondent remains a suspended member of the Detachment in which he/she held
membership at the time of suspension until reinstated.
Respondent has the responsibility to request reinstatement on the rolls by
letter to the
National Judge Advocate sent by certified mail RRR.
Upon ascertaining that all conditions have been met for reinstatement, the
National Judge
Advocate will issue a Letter of Reinstatement stating: (1) the
date of reinstatement and;
(2)
the Detachment in which Respondent is a member in good standing.