Judicial Proceedings Panel
Request for Information - Set #3

Letters to the Services


Letter to The Judge Advocate General - Army

Letter to The Judge Advocate General - Navy

Letter to The Judge Advocate General - Air Force

Letter to the Staff Judge Advocate to the Commandant - Marine Corps

Letter to The Judge Advocate General - Coast Guard

Attachment 1 - Request for Information Set #3 Questions

Attachment 2 - Request for Information Set #3 - Response Instructions

Attachment 3 - Request for Information Set #3, Questions 88 - Tables Provided

Response Letter from the Director, U.S. Air Force Judiciary
Response Letter from the Staff Judge Advocate to the Commandant - Marine Corps
Response Letter from the Judge Advocate General - Coast Guard

National Defense Authorization Act - Section 576: Independent Reviews and Assessments of Uniform Code of Military Justice and Judicial Proceedings of Sexual Assault Cases


Request for Information - Set #3
Questions with Responses

Explanatory Information About Retaliation in the Services

Question 67What organization is responsible for training leaders and service members about retaliation against victims of sexual assault? Please describe that training and explain whether this is separate or in conjunction with mandatory EO training that addresses a hostile work environment?

Question 68How does the Service advertise or publicize the DoDIG Whistleblower hotline to Service members? Is there a separate hotline for members to report retaliation to the Service IG?

Question 69
What are the various channels within the Service that a victim of sexual assault or witness to retaliation can use to report social or professional retaliation?

Question 70What organization is responsible for training those who assist service members with filing retaliation complaints? How do victims learn about the availability of this assistance?

Question 71
What role do the following personnel have regarding retaliation complaints from a sexual assault victim: SVC, SARC, VA, VWL, MCIO, TC, EOA, IG, Case Management Group (CMG), SARB?

Question 72Who is primarily responsible for advising a victim of his/her options to file a complainant of professional or social retaliation?


Question 73Is there standardization of the advice within different organizations that is given to victims of sexual assault who wish to make a complaint of professional or social retaliation? If so, what advice is given?

Question 74What is the process for victims to submit a formal report of professional reprisal (i.e., personnel action) or social retaliation (i.e.m ostracism, maltreatment, etc.)?

Question 75When/how is a sexual assault victim’s retaliation complaint referred to:
a.  A Commander’s Inquiry or Investigation (informal or formal such as Army Regulation 15-6 investigation and JAGMAN investigations in the Navy and Marine Corps);
b.  MCIO for investigation;
c.  The Service IG for investigation;
d.  DOD IG for investigation;
e.  Any other investigative body (e.g., Art. 138 complaints)?

Question 76What are the criteria for substantiating a retaliation case investigated by the command, the SARB, the Service IG, and MCIO? If the standard is different, please explain.


Question 77
What procedures are criminal investigators required to follow when a victim states that he/she has experienced social or professional retaliation after making a report of sexual assault? Describe and provide any policies or regulations that address the role MCIOs have in investigating complaints of retaliation after a witness or victim reports a crime. Please include any special measures taken for victims who report a sexual assault.

Question 78How does a victim learn of the results of a retaliation investigation? Does victim notification vary for different types of retaliation claims? How is a victim informed of the action that will be taken against the retaliator in a substantiated case? 

Question 79Who informs the Service member of their options to challenge the investigation findings? To whom can a Service member make a complaint about the handling of their case or appeal the findings of the:
a.  Command investigation?
b.  MCIO investigation?
c.  Service IG investigation?
d.  DOD investigation?
e.  Art. 138 investigation?


Question 80Board of Correction of Military Records (BCMRs):
a.  How have BCMRs typically handled applications that specifically contain requests for relief from retaliation for making a protected communication?
b.  Are there any additional considerations given if an applicant states or provides evidence that he/she has been a victim of sexual assault in the military?
c.  What considerations are given when applicants note they filed a sexual assault report, admittedly engaged in collateral or subsequent misconduct, and the command’s adverse action was unfair or an injustice (i.e., a request to change an involuntary administrative discharge to a medical discharge)? If those cases are not treated as retaliatory claims, please explain how BCMRs distinguish those record corrections requests which may imply a causal connection to the sexual assault from those that specifically state the action was in reprisal to filing a report.
d.  What procedures have been developed with DOD IG and/or the Service IGs to help expedited the procedures for victims whose retaliation claims have been substantiated? How does the BCMR coordinate cases with the DOD and Service IGs?
e.  Have the Services’ BCMRs established a separate procedure for sexual assault victims challenging their discharge as required by FY14 NDAA section 547? If so, please describe that confidential process.
f.  What steps are BCMRs taking to give due consideration to the psychological and physical aspects of an individual’s experience in connection with the sex-related offense and determining what bearing such experience may have had on the circumstances surrounding the individual’s discharge or separation from the Armed Forces as required by FY15 NDAA 547?

Question 81For fiscal years 2012-2014, please provide the number of: sexual assault (SA) victims who filed an unrestricted report, followed by a retaliation claim, indicate the number of investigations each organization, the final disposition of the investigation.
a.  SA Victims who filed an unrestricted report
b.  SA Victims who filed an unrestricted report and subsequently complained of retaliation
c.  Investigated by Command d.   Investigated by MCIO
e.  Investigated by Service IG
f.  Investigated by DOD IG
g.  Other type of Investigations h.   Investigations incomplete
i.  Investigations unsubstantiated
j.  Investigations substantiated


Question 82
For fiscal years 2012-2014, based on the number of substantiated retaliation cases (answer to RFI # 81j ), please provide the number of service members who received an adverse action relating to their retaliatory misconduct (i.e., Article 92, Article 93 (Maltreatment), or Article 134 (Obstruction of Justice)) and further identify the type of action taken and in the table below.
a.  Total number of substantiated cases with adverse action taken against offender
b.  Offender received adverse administrative action, but retained in the Service
c.  Offender received adverse administrative action and administratively separated from the Service
d.  Offender received nonjudicial punishment, but retained in the Service
e.  Offender received nonjudicial punishment and administratively separated from the Service
f.  Offender court-martialed, but retained in the
g.  Offender court-martialed and received a punitive discharge (BCD, DD, Dismissal)
h.  Offender court-martialed (no kick) and  subsequently administratively separated

Question 83For fiscal years 2012-2014, please provide the total number of sexual assault victims who filed an unrestricted report and were subsequently involuntarily discharged (medically, administratively or punitively discharged) from the service in FY12, FY13, and FY14. Please further break down that total number in 83b to indicate the number who received each type of discharge and the number who received each characterization of service each year for rows 83c-k in the table below.
a.  SA Victims who filed an unrestricted report
b.  Total number of SA Victims who reported & subsequently involuntarily separated
c.  Medical separation
d.  Administrative separation
e.  Honorable discharge
f.  General, under honorable conditions discharge
g.  Other than honorable discharge
h.  Punitive discharge (court-martial)
i.  Bad conduct discharge
j.  Dishonorable discharge
k.  Dismissal


Question 84(Service IGs) Please provide the following numbers for each FY12, FY13, FY14:

Total Number of:
a.  Reprisal Complaints Received by Service IG
b.  Investigations Opened
c.  Investigations Closed
d.  Substantiated Cases

Pertaining to:
a.  Sexual Assault
b.  Sexual Harassment
c.  Fraud, Waste & Abuse
d.  Other Crimes

Question 85
Provide dates for any upcoming conferences, summits, or training events (such as SAPR, MCIO, SVC, or SARC training) that focus on retaliation. Please notify the JPP Director if a staff member would be permitted to observe any of those events.


Question 86
Please provide the information you gathered in response to the data call issued by the Under Secretary of Defense on March 12, 2015, to include the spreadsheets reflecting the Alleged Retaliation Case Synopses for FY14-15, and the Case Management Group (CMG) Retaliation Allegations Snapshot from March 2015.

Question 87
Please provide all materials that were provided to Human Rights Watch in 2014-2015 as part of their investigation into retaliation and military sexual assault.


Question 88Please review the tables on the following pages and provide a copy of or link to any other Service regulation(s) or policies that:
a.  Prohibits retaliation against any victim or other Service member who reports a criminal offense with a punitive provision under Art. 92, UCMJ (FY14 NDAA section 1709);
b.  Sets out the complaint, investigation, and appeals process for incidents of retaliation;
c.  Describes the remedies available to Service members;
d.  Describes disciplinary action for substantiated cases;
e.  Addresses particular considerations in personnel actions for sexual assault victims to ensure they are not retaliated against (e.g., medical regulations pertaining to disability reviews for personality disorder diagnosis, promotion considerations, separations, etc.).


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