Military Personnel
Status of Implementation of GAO's 2006 Recommendations on DOD's Domestic Violence Program
Gao ID: GAO-10-577R April 26, 2010
National estimates indicate that approximately 1.5 million women and 835,000 men are physically assaulted or raped by intimate partners in the United States annually. Congress, in the National Defense Authorization Act for Fiscal Year 2000, required the Department of Defense (DOD) to (1) establish a central database of information on domestic violence incidents involving members of the armed forces and (2) establish the Department of Defense Task Force on Domestic Violence. The law charged the task force with establishing a strategic plan that would allow DOD to more effectively address domestic violence matters within the military. In fiscal years 2001, 2002, and 2003, the task force issued three reports containing almost 200 recommendations to improve the safety of victims, accountability of offenders, coordination among support-service providers, and recording of data on cases of domestic violence. To coordinate implementation of these recommendations, in January 2003, DOD established a Family Violence Policy Office to ensure that DOD and the services took appropriate actions in this area. This office was located in the Military Community and Family Policy Office, which is in the Office of the Under Secretary of Defense for Personnel and Readiness. DOD's Family Advocacy Program office, responsible for providing treatment for domestic violence victims and rehabilitation for offenders, is also located in the Military Community and Family Policy Office. In 2003, members of Congress requested that we assess DOD's progress in implementing the recommendations made by the Defense Task Force on Domestic Violence, and we subsequently issued a report in 2006 stating, among other things, that DOD had taken action on a majority of the task force recommendations but that DOD had not captured data from all law enforcement and clinical records involving domestic abuse cases and that until it had complete and accurate data, it could not fully understand the scope of the problem. The National Defense Authorization Act for Fiscal Year 2010 requires us to review and assess the progress DOD has made in implementing recommendations contained in our 2006 report.
DOD has addressed one of the recommendations in our 2006 report to improve its domestic violence program and taken steps toward implementing two more, but it has not taken any actions on four of the recommendations. Specifically, DOD has met the intent of our recommendation to clarify chaplain guidance concerning privileged communication. Regarding our recommendation on ensuring that commander actions related to domestic violence incidents are entered into all law enforcement systems, DOD has taken some actions to inform commanders of their responsibility, but the data on commanders' actions remain incomplete. Our analysis of information provided by the Chief of the Financials and Special Projects Branch at the Defense Manpower Data Center demonstrated that the Air Force and the Army provided some data on commander actions but not enough to provide reliable statistics on the disposition of domestic violence incidents. Further, according to the Director of OSD's Office of Law Enforcement Policy and Support, the Navy is not providing any information to DIBRS on commanders' actions. Without complete information on commanders' actions, DOD lacks visibility into the military's response to domestic violence. DOD has also taken actions that have partially met the intent of our recommendation regarding a communication strategy for disseminating DOD guidance. Although DOD did not concur with the portion of this recommendation to articulate its policy on distributing military protective orders, it did clarify its policy by issuing guidance in 2007. If DOD issues its draft Family Advocacy Program guidance as currently written, we believe the department will have met the intent of this recommendation. For the remaining four recommendations, however, DOD has not met our intent. First, DOD has not developed a comprehensive management plan to address deficiencies in the data captured in the Defense Incident-Based Reporting System (DIBRS), although it partially concurred with this recommendation. The data remain incomplete, and as a result, DOD cannot provide an accurate count of the domestic violence incidents that are reported throughout DOD. Second, although DOD concurred with our recommendation to develop a plan to ensure that adequate personnel are available to implement recommendations made by the Defense Task Force on Domestic Violence, at present DOD has not done so. Third, because DOD did not concur with our recommendation, it has not taken steps to ensure that domestic violence training data are collected for chaplains. According to the Executive Director of the Armed Forces Chaplains Board, chaplains are trained on domestic violence issues during the officers' basic training course. This official further stated that the lack of metrics on training does not mean that chaplain training is inadequate. Nonetheless, we believe that without accurate training data, DOD lacks visibility on whether chaplains are prepared to deal with domestic violence issues. Fourth, while DOD concurred with our recommendation to develop an oversight framework, it has not done so. After the office responsible for implementing the task force recommendations was closed in 2007, DOD, in its official response to our questions, stated that the responsibility for developing this framework "mistakenly was not reassigned."
GAO-10-577R, Military Personnel: Status of Implementation of GAO's 2006 Recommendations on DOD's Domestic Violence Program
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GAO-10-577R:
United States Government Accountability Office:
Washington, DC 20548:
April 26, 2010:
Congressional Committees:
Subject: Military Personnel: Status of Implementation of GAO's 2006
Recommendations on DOD's Domestic Violence Program:
National estimates indicate that approximately 1.5 million women and
835,000 men are physically assaulted or raped by intimate partners in
the United States annually. Congress, in the National Defense
Authorization Act for Fiscal Year 2000, required the Department of
Defense (DOD) to (1) establish a central database of information on
domestic violence incidents involving members of the armed forces and
(2) establish the Department of Defense Task Force on Domestic
Violence. The law charged the task force with establishing a strategic
plan that would allow DOD to more effectively address domestic
violence matters within the military.[Footnote 1] In fiscal years
2001, 2002, and 2003, the task force issued three reports containing
almost 200 recommendations to improve the safety of victims,
accountability of offenders, coordination among support-service
providers, and recording of data on cases of domestic violence. To
coordinate implementation of these recommendations, in January 2003,
DOD established a Family Violence Policy Office to ensure that DOD and
the services took appropriate actions in this area. This office was
located in the Military Community and Family Policy Office, which is
in the Office of the Under Secretary of Defense for Personnel and
Readiness. DOD's Family Advocacy Program office, responsible for
providing treatment for domestic violence victims and rehabilitation
for offenders, is also located in the Military Community and Family
Policy Office. In 2003, members of Congress requested that we assess
DOD's progress in implementing the recommendations made by the Defense
Task Force on Domestic Violence, and we subsequently issued a report
in 2006 stating, among other things, that DOD had taken action on a
majority of the task force recommendations but that DOD had not
captured data from all law enforcement and clinical records involving
domestic abuse cases and that until it had complete and accurate data,
it could not fully understand the scope of the problem.[Footnote 2]
The National Defense Authorization Act for Fiscal Year 2010 requires
us to review and assess the progress DOD has made in implementing
recommendations contained in our 2006 report.[Footnote 3]
In our 2006 report, we recommended that the Secretary of Defense
direct the Under Secretary of Defense for Personnel and Readiness to
take the actions listed in table 1. In commenting on a draft of our
2006 report, the Office of the Secretary of Defense (OSD) concurred
with three of our recommendations, partially concurred with one,
partially did not concur with two, and did not concur with one.
Table 1: GAO's Recommendations in 2006 Report on Domestic Violence and
DOD Response:
GAO Recommendation: Develop, in conjunction with the service
secretaries, a comprehensive management plan to address deficiencies
in the data captured in DOD's domestic violence database that focuses
on ensuring that accurate and complete data exist and that all
instances in the Defense Incident-Based Reporting System and Family
Advocacy Program Central Registry are matched and reported annually,
as required in DOD's Manual 7730.47-M;
DOD Response: Partially concur.
GAO Recommendation: Take appropriate steps, in conjunction with the
service secretaries, to ensure that all commander actions related to
domestic violence incidents are entered in law enforcement systems;
DOD Response: Concur.
GAO Recommendation: Develop a plan to ensure that adequate personnel
are available to implement pending recommendations made by the Defense
Task Force on Domestic Violence;
DOD Response: Concur.
GAO Recommendation: Establish a communication strategy for effectively
informing DOD and service officials about new guidance implementing
the task force recommendations, to include; issuing a revised DOD
Family Advocacy Program directive that is consistent with interim
guidance for implementing the task force recommendations and; clearly
articulating its policy regarding the distribution of military
protective orders using a method that will ensure consistent
application by all services and DOD;
DOD Response: Partially did not concur.
GAO Recommendation: Develop, in conjunction with the service
secretaries, procedures and metrics to ensure that accurate,
consistent, and timely domestic violence training data are collected
for chaplains;
DOD Response: Did not concur.
GAO Recommendation: Develop, in conjunction with the service
secretaries, chaplain guidance and training materials that highlight
and clarify chaplain responsibilities concerning privileged
communication;
DOD Response: Partially did not concur.
GAO Recommendation: Develop and implement, in conjunction with the
services, a DOD-wide oversight framework that includes a results-
oriented evaluation plan for the implemented recommendations and a
process for ongoing monitoring of and reporting on implementation;
DOD Response: Concur.
Source: GAO-06-540.
[End of table]
To assess the extent to which DOD has implemented our previous
recommendations, we submitted formal questions to the Office of the
Under Secretary of Defense for Personnel and Readiness on actions DOD
had taken, and that office provided us with written answers
representing DOD's official position. We also reviewed current DOD
policies and programs, as well as our prior findings and
recommendations. In addition, to address our first two
recommendations, to determine whether DOD had developed a management
plan to correct deficiencies in its data on domestic violence
incidents and had taken steps to ensure that commander actions were
entered in law enforcement systems, we reviewed documents on and
interviewed officials responsible for the Defense Incident-Based
Reporting System (DIBRS) and the Family Advocacy Program Central
Registry. We requested data on the incidence of domestic violence in
DOD from the Chief of the Financials and Special Projects Branch of
the Defense Manpower Data Center, which is responsible for managing
DIBRS. This official told us that DIBRS' data were too unreliable to
be provided to us. For our third recommendation, to determine whether
OSD had developed a plan to ensure that adequate personnel were
available to implement recommendations made by the Defense Task Force
on Domestic Violence, in addition to obtaining DOD's official position
on this issue in written answers to our questions, we also interviewed
the Principal Director of the Military Community and Family Policy
Office and the Director of the Family Advocacy Program, both in the
Office of the Under Secretary of Defense for Personnel and Readiness.
For our fourth recommendation, to determine whether DOD had created a
communications strategy to effectively inform DOD and service
officials about new guidance, in addition to reviewing DOD's formal
responses, we reviewed DOD directives, instructions, and a draft
instruction on its Family Advocacy Programs. For our fifth and sixth
recommendations, to determine whether chaplain training data were
tracked and DOD had developed guidance and training materials on
privileged communication for chaplains, we interviewed the Executive
Director of the Armed Forces Chaplains Board. We also reviewed DOD and
service policies on privileged communication and training curricula
for chaplain courses. For our seventh recommendation, to determine
whether OSD had established an oversight framework for evaluating
Defense Task Force on Domestic Violence recommendations, we reviewed
DOD's official response to our written questions.
We conducted this performance audit from February to April 2010 in
accordance with generally accepted government auditing standards.
Those standards require that we plan and perform the audit to obtain
sufficient, appropriate evidence to provide a reasonable basis for our
findings and conclusions based on our audit objectives. We believe
that the evidence obtained provides a reasonable basis for our
findings and conclusions based on our audit objectives.
See enclosure I for additional background information, which includes
definitions of domestic abuse and violence, the legislative
requirement for a database on domestic violence incidents, and a
description of the databases DOD uses to record domestic violence
incidents.
We are also conducting a related engagement on domestic violence in
the military services at the request of the Chairman of the
Subcommittee on National Security and Foreign Affairs, House Committee
on Oversight and Government Reform. In summer 2010, we expect to
respond to this request by issuing a report further discussing DOD's
collection of data on domestic violence incidents, information on
factors contributing to domestic violence and domestic violence's
effects on mission readiness, and changes to DOD's domestic violence
program since 2006.
Summary:
DOD has addressed one of the recommendations in our 2006 report to
improve its domestic violence program and taken steps toward
implementing two more, but it has not taken any actions on four of the
recommendations. Specifically, DOD has met the intent of our
recommendation to clarify chaplain guidance concerning privileged
communication. Regarding our recommendation on ensuring that commander
actions related to domestic violence incidents are entered into all
law enforcement systems, DOD has taken some actions to inform
commanders of their responsibility, but the data on commanders'
actions remain incomplete. Our analysis of information provided by the
Chief of the Financials and Special Projects Branch at the Defense
Manpower Data Center demonstrated that the Air Force and the Army
provided some data on commander actions but not enough to provide
reliable statistics on the disposition of domestic violence incidents.
Further, according to the Director of OSD's Office of Law Enforcement
Policy and Support, the Navy is not providing any information to DIBRS
on commanders' actions. Without complete information on commanders'
actions, DOD lacks visibility into the military's response to domestic
violence. DOD has also taken actions that have partially met the
intent of our recommendation regarding a communication strategy for
disseminating DOD guidance. Although DOD did not concur with the
portion of this recommendation to articulate its policy on
distributing military protective orders, it did clarify its policy by
issuing guidance in 2007. If DOD issues its draft Family Advocacy
Program guidance as currently written, we believe the department will
have met the intent of this recommendation. For the remaining four
recommendations, however, DOD has not met our intent. First, DOD has
not developed a comprehensive management plan to address deficiencies
in the data captured in the Defense Incident-Based Reporting System
(DIBRS), although it partially concurred with this recommendation. The
data remain incomplete, and as a result, DOD cannot provide an
accurate count of the domestic violence incidents that are reported
throughout DOD. Second, although DOD concurred with our recommendation
to develop a plan to ensure that adequate personnel are available to
implement recommendations made by the Defense Task Force on Domestic
Violence, at present DOD has not done so. Third, because DOD did not
concur with our recommendation, it has not taken steps to ensure that
domestic violence training data are collected for chaplains. According
to the Executive Director of the Armed Forces Chaplains Board,
chaplains are trained on domestic violence issues during the officers'
basic training course. This official further stated that the lack of
metrics on training does not mean that chaplain training is
inadequate. Nonetheless, we believe that without accurate training
data, DOD lacks visibility on whether chaplains are prepared to deal
with domestic violence issues. Fourth, while DOD concurred with our
recommendation to develop an oversight framework, it has not done so.
After the office responsible for implementing the task force
recommendations was closed in 2007, DOD, in its official response to
our questions, stated that the responsibility for developing this
framework "mistakenly was not reassigned." See enclosure II for
further details on the status of these recommendations.
Agency Comments:
The Acting Deputy Under Secretary of Defense (Military Community and
Family Policy) provided oral comments on a draft of this report. This
senior official stated that the GAO audit conducted in 2006 provided
valuable independent oversight and assessments of the department's
domestic violence program. Further, this official stated that our
draft report had correctly noted that the department has not completed
implementation of GAO's recommendations. This official agreed that
there is still room for improvement and stated that the department is
committed to continued progress and will take the necessary steps to
continue to address issues raised in the draft report.
We will send copies of this report to the appropriate congressional
committees, including the Subcommittee on National Security and
Foreign Affairs, House Committee on Oversight and Government Reform.
We will also send copies to the Secretary of Defense; the Secretaries
of the Army, the Navy, and the Air Force; and the Commandant of the
Marine Corps. The report will be available at no charge on GAO's Web
site at [hyperlink, http://www.gao.gov].
If you or your staff have any questions on this report, please contact
me at (202) 512-3604 or farrellb@gao.gov. Contact points for our
Offices of Congressional Relations and Public Affairs may be found on
the last page of this report. GAO staff who made major contributions
to this report are listed in enclosure III.
Signed by:
Brenda S. Farrell:
Director, Defense Capabilities and Management:
List of Committees:
The Honorable Carl Levin:
Chairman:
The Honorable John McCain:
Ranking Member:
Committee on Armed Services:
United States Senate:
The Honorable Daniel K. Inouye:
Chairman:
The Honorable Thad Cochran:
Ranking Member:
Subcommittee on Defense:
Committee on Appropriations:
United States Senate:
The Honorable Ike Skelton:
Chairman:
The Honorable Howard P. "Buck" McKeon:
Ranking Member:
Committee on Armed Services:
House of Representatives:
The Honorable Norman D. Dicks:
Chairman:
The Honorable C.W. Bill Young:
Ranking Member:
Subcommittee on Defense:
Committee on Appropriations:
House of Representatives:
[End of section]
Enclosure I: Background:
Definitions of Domestic Violence and Abuse:
The Department of Defense (DOD) defines domestic violence as ’[a]n
offense under the United States Code, the Uniform Code of Military
Justice, or State law that involves the use, attempted use, or
threatened use of force or violence against a person of the opposite
sex, or a violation of a lawful order issued for the protection of a
person of the opposite sex, who is (a) a current or former spouse; (b)
a person with whom the abuser shares a child in common; or (c) a
current or former intimate partner with whom the abuser shares or has
shared a common domicile.“ Further, DOD‘s definition of domestic abuse
encompasses (1) domestic violence as defined above or (2) a pattern of
behavior resulting in emotional/psychological abuse, economic control,
and/or interference with personal liberty that is directed toward a
person of the opposite sex who meets the same criteria as defined for
domestic violence.[Footnote 4] Serious adverse consequences for
servicemembers who commit acts of domestic violence can range from
nonjudicial punishments, which can result in the removal of a
servicemember from normal duties, to criminal sanctions.
Legislative Requirement to Maintain a Central Database on Domestic
Violence Incidents:
Enacted in 1999, 10 U.S.C. § 1562 states that the Secretary of Defense
’shall establish a central database of information on the incidents of
domestic violence involving members of the armed forces.“ It also
directs the Secretary of Defense to require the secretaries of the
military departments to maintain and report annually, to the
administrator of the database, information received on (1) each
domestic violence incident reported to a commander, a law enforcement
authority of the armed forces, or a Family Advocacy Program of the
Department of Defense; (2) the number of domestic violence incidents
that involve evidence determined sufficient for supporting
disciplinary action and, for each such incident, a description of the
substantiated allegation and the action taken by command authorities
in the incident; and (3) the number of those incidents that involve
evidence determined insufficient for supporting disciplinary action
and, for each such case, a description of the allegation.
DOD Maintains Two Databases Containing Information on Domestic
Violence Incidents:
To capture information on domestic violence incidents, DOD currently
maintains two databases. The Defense Incident-Based Reporting System
includes domestic violence incidents that are reported to law
enforcement. This database was initiated following the enactment of
the Uniform Federal Crime Reporting Act of 1988 to provide a standard
data system for collecting statistical information on criminal
incidents within DOD. The Central Registry began receiving data on
domestic violence from the Family Advocacy Program in 1994. This
database lists cases of domestic abuse that are reported to the Family
Advocacy Program, including an accounting of the risk level, actions
taken, assessments conducted, and clinical services provided from the
initial report of an incident to case closure. Before 2006, the
Central Registry contained reported incidents of abuse involving only
current spouses. Since 2006, this database contains domestic violence
data as defined by DOD‘s 2004 definition, which includes former
spouses and intimate partners with whom the alleged offender shared a
child or a common domicile.
[End of Enclosure I]
Enclosure II: Assessment of DOD‘s Actions in Response to GAO
Recommendations:
Recommendation 1: Develop a Plan to Address Data Deficiencies:
2006 Recommendation:
That the Secretary of Defense direct the Under Secretary of Defense
for Personnel and Readiness to develop, in conjunction with the
service secretaries, a comprehensive management plan to address
deficiencies that focuses on ensuring that accurate and complete data
exist and that all instances in the Defense Incident-Based Reporting
System (DIBRS) and Family Advocacy Program Central Registry are
matched and reported annually, as required in the Department of
Defense‘s (DOD) Manual 7730.47.
GAO Assessment of DOD Actions since 2006:
DOD partially concurred with our recommendation, but it has not
developed a comprehensive management plan to address deficiencies in
the data captured in DOD‘s domestic violence databases”DIBRS and the
Family Advocacy Program Central Registry. In DOD‘s official response
to our questions, the department stated that it plans to match data
from these two databases in 2010. Once the match is complete, DOD
stated it will ascertain whether any deficiencies warrant a
comprehensive management plan to address them. However, according to
the Chief of the Financials and Special Projects Branch of the Defense
Manpower Data Center, which is responsible for managing the database,
it would not be feasible to match data from the two systems in 2010.
This official stated that DIBRS is incapable of providing reliable
statistics on the incidence of domestic violence in the military, in
part, because not all services are providing complete information on
these incidents. Our analysis of information provided by this official
demonstrated that the services provided some data but not enough to
provide reliable statistics on domestic violence incidents. An Air
Force official responsible for managing an Air Force law enforcement
database affirmed this, stating that some data on commander actions
are recorded in this Air Force system, but none of those data is
reported to DIBRS. The other DOD database containing information on
domestic abuse cases, the Family Advocacy Program Central Registry,
includes cases not necessarily referred to law enforcement entities.
Instead, the Central Registry collects clinical information about the
initial allegation of domestic abuse, support and services provided to
victims of such abuse, and treatment given to alleged abusers. Because
these two databases contain different information, it is necessary to
match them to help ensure that accurate and complete data exist for
the number of reported incidents of domestic violence that occur
throughout DOD. Without accurate and complete data on reported
incidents of domestic violence, DOD and Congress lack the visibility
and information needed to understand the magnitude of the domestic
violence problem and identify trends in domestic violence. Therefore,
we continue to believe that DOD needs a comprehensive management plan
to address deficiencies in the data.
[End of Recommendation 1]
Recommendation 2: Ensure Commander Actions Are Recorded:
2006 Recommendation:
That the Secretary of Defense direct the Under Secretary of Defense
for Personnel and Readiness to take appropriate steps, in conjunction
with the service secretaries, to ensure all commander actions related
to domestic violence incidents are entered in law enforcement systems.
GAO Assessment of DOD Actions since 2006:
The Department of Defense (DOD) concurred with our recommendation and
has taken some action by issuing further guidance on this subject. The
directive-type memorandum issued on the subject in 2004 was
incorporated in August 2007 into DOD Instruction 6400.06, Domestic
Abuse Involving DoD Military and Certain Affiliated Personnel. This
instruction states that commanders are required to report command
actions to the Defense Incident-Based Reporting System (DIBRS) through
law enforcement officials. In addition to this guidance, the Web-based
training curriculum that DOD developed for commanding officers is
still in use. However, according to the Chief of the Financials and
Special Projects Branch of the Defense Manpower Data Center, which is
responsible for managing the database, DIBRS is not able to provide
complete information on commanders‘ actions. Our analysis of
information provided by this official demonstrated that the Army and
the Air Force provided some data on commander actions but not enough
to provide reliable statistics on the disposition of domestic violence
incidents. Further, according to the Director of the Office of the
Secretary of Defense‘s (OSD) Office of Law Enforcement Policy and
Support, the Navy is not providing any information to DIBRS on
commanders‘ actions. An Air Force official responsible for managing an
Air Force law enforcement database stated that some data on commander
actions are recorded in this Air Force system, but none of those data
is reported to DIBRS. According to Army officials responsible for two
Army law enforcement databases, the Army regularly reports all
available information on domestic violence incidents to DIBRS, but not
all of the Army‘s commanders are reporting actions taken in response
to domestic violence. An official from the Army‘s Office of the
Provost Marshal General told us that the service has been taking
actions to improve the compliance rate, such as sending commanders
reminders of their responsibility to report this information. Because
DIBRS does not contain complete information on commander actions, we
continue to believe that OSD and the services need to take appropriate
steps to help ensure that this information is accurately entered into
DIBRS, as well as all other law enforcement systems.
[End of Recommendation 2]
Recommendation 3: Ensure That Adequate Staff Are Available:
2006 Recommendation:
That the Secretary of Defense direct the Under Secretary of Defense
for Personnel and Readiness to develop a plan to ensure adequate
personnel are available to implement pending task force
recommendations.
GAO Assessment of DOD Actions since 2006:
The Department of Defense (DOD) concurred with our recommendation.
However, to date, DOD has not developed a plan to ensure that adequate
personnel are available to complete the implementation of the 26
remaining recommendations made by the Defense Task Force on Domestic
Violence. In January 2003, the Office of the Under Secretary of
Defense for Personnel and Readiness established the Family Violence
Policy Office to coordinate implementation of the task force
recommendations. According to the former director of the Family
Violence Policy Office, it was understood that the office would be
closed once DOD had implemented the task force recommendations. While
not all of the task force recommendations have been implemented, the
former director stated that key recommendations were completed, and in
2007, the Family Violence Policy Office was closed. At that time, the
responsibility for implementing the remaining recommendations was not
reassigned. The Principal Director of the Military Community and
Family Policy Office stated that the Office of the Under Secretary of
Defense for Personnel and Readiness is undergoing a review for a
possible realignment. The realignment may result in the Office of the
Secretary of Defense‘s (OSD) decision to reassign the responsibilities
of the former Family Violence Policy Office. Currently, the Family
Advocacy Program staff is implementing the task force recommendations
that were directed to its office. The Director of DOD‘s Family
Advocacy Program stated that the Family Advocacy Program office does
not have adequate personnel to implement the remaining recommendations
not directed to that office. Therefore, we continue to believe that
DOD needs to develop a plan to ensure that adequate personnel are
available to perform these duties.
[End of Recommendation 3]
Recommendation 4: Establish a Communication Strategy:
2006 Recommendation:
That the Secretary of Defense direct the Under Secretary of Defense
for Personnel and Readiness to establish a communication strategy for
effectively informing the Department of Defense (DOD) and service
officials about new guidance implementing the task force
recommendations, to include:
* issuing a revised DOD family advocacy program directive that is
consistent with interim guidance for implementing the task force
recommendations; and;
* clearly articulating its policy regarding the distribution of
military protective orders using a method that will ensure consistent
application by all services and DOD.
GAO Assessment of DOD Actions since 2006:
DOD concurred with the part of our recommendation involving issuing a
revised Family Advocacy Program directive, but it did not concur with
the portion concerning military protective orders. In an official
response to our written questions, DOD told us that it did not plan to
develop a new communication strategy because it believes that DOD‘s
current method of distributing guidance and policy is adequate. As new
guidance is issued as, for example, directive-type memoranda,
directives, instructions, or manuals, it is currently disseminated by
Washington Headquarters Services to the service secretariats with
instructions for further dissemination. The Office of the Secretary of
Defense (OSD) issued DOD Instruction 6400.06, Domestic Abuse Involving
DoD Military and Certain Affiliated Personnel, in August 2007. This
instruction integrated interim guidance for implementing Defense Task
Force on Domestic Violence recommendations. However, DOD Instruction
6400.01 Family Advocacy Program, has been in draft since 2006, and DOD
stated that the projected issuance date for this guidance is now July
2010. This draft instruction, if finalized as currently written,
contains guidance regarding Family Advocacy Program elements, the
Central Registry, the review committee process, and clinical
intervention and case management of domestic abuse incidents.
Additionally, although OSD did not concur with the part of our
recommendation having to do with military protective orders, it
clarified its policy on the distribution of military protective orders
in DOD Instruction 6400.06. This instruction requires commanders to
provide copies to the servicemember who is the subject of the order,
to the servicemember‘s local personnel file, and to the protected
person. If the department issues DOD Instruction 6400.01, we believe
that it will have met the intent of this recommendation.
[End of Recommendation 4]
Recommendation 5: Ensure That Chaplain Training Data Are Collected:
2006 Recommendation:
That the Secretary of Defense direct the Under Secretary of Defense
for Personnel and Readiness to develop, in conjunction with the
service secretaries, procedures and metrics to ensure that accurate,
consistent, and timely domestic violence training data are collected
for chaplains.
GAO Assessment of DOD Actions since 2006:
The Department of Defense (DOD) did not concur with our
recommendation, and the Office of the Secretary of Defense (OSD) has
not taken steps to ensure that domestic violence training data are
collected for chaplains. According to the Executive Director of the
Armed Forces Chaplains Board, there is no requirement to track
chaplains' training at the OSD level. However, the official stated
that all chaplains are trained on privileged communication during the
officers‘ basic training course. This official further stated that the
lack of metrics on training does not mean that chaplain training is
inadequate. Even so, we believe that collecting data on this training
is important for DOD because, without training data, DOD lacks
visibility over whether chaplains have been adequately trained and are
being provided with resources that will assist them in handling
domestic violence issues.
[End of Recommendation 5]
Recommendation 6: Develop Chaplain Guidance on Privileged
Communication:
2006 Recommendation:
That the Secretary of Defense direct the Under Secretary of Defense
for Personnel and Readiness to develop, in conjunction with the
service secretaries, chaplain guidance and training materials that
highlight and clarify chaplain responsibilities concerning privileged
communication.
GAO Assessment of DOD Actions since 2006:
The Department of Defense (DOD) partially did not concur with our
recommendation, stating that the services already had issued their
policies on clergy confidentiality. In August 2007, however, the
Office of the Secretary of Defense (OSD) issued guidance that
addresses clergy confidentiality in domestic abuse situations. In DOD
Instruction 6400.06, Domestic Abuse Involving DoD Military and Certain
Affiliated Personnel, DOD states that ’victims and alleged abusers are
entitled to the protections of privileged communications with a
chaplain that may be protected under the Military Rules of Evidence or
applicable statutes and regulations.“ In addition, the military
departments‘ guidance addressing clergy responsibilities and
activities includes guidance related to privileged communications.
Further, in DOD Instruction 6400.06, DOD also directs each military
department to provide chaplains with specialized domestic abuse
training and requires them to be trained on the policies and
procedures in the instruction as well as military service-specific
domestic abuse policies and privileged communications. According to
the Executive Director of the Armed Forces Chaplains Board, chaplains
are trained on these policies during the officers‘ basic training
course. This official stated that OSD believes this training provides
chaplains with a good understanding of their responsibilities
regarding privileged communication. Because DOD did issue guidance on
clergy confidentiality, we believe that it has met the intent of this
recommendation.
[End of Recommendation 6]
Recommendation 7: Develop an Oversight Framework:
2006 Recommendation:
That the Secretary of Defense direct the Under Secretary of Defense
for Personnel and Readiness to develop and implement, in conjunction
with the services, a department-wide oversight framework that includes
a results-oriented evaluation plan for the implemented recommendations
and a process for ongoing monitoring of and reporting on
implementation.
GAO Assessment of DOD Actions since 2006:
The Department of Defense (DOD) concurred with our recommendation.
However, the Office of the Secretary of Defense (OSD) has not
developed an oversight framework for monitoring the implementation of
Defense Task Force on Domestic Violence recommendations. In DOD‘s
official response to our written questions, it stated that the
responsibility for developing this framework ’mistakenly was not
reassigned“ after the Family Violence Policy Office was closed in
2007. Even though this responsibility was not reassigned, draft DOD
Instruction 6400.01, Family Advocacy Program, if finalized as
currently written, would require the Principal Deputy Under Secretary
of Defense for Personnel and Readiness to collaborate with the DOD
components to establish family advocacy programs, procedures, and
standards implementing Family Advocacy Program elements and to
evaluate and monitor compliance with the instruction. As reported in
2006, the services evaluate their Family Advocacy Programs through
their own accreditation processes. We continue to believe that when DOD‘
s draft guidance becomes final and the Principal Deputy Under
Secretary of Defense for Personnel and Readiness assumes this
responsibility, this office will need to develop an oversight
framework. Until such a framework is developed, DOD will be limited in
its ability to fully evaluate the changes associated with the task
force recommendations and to make program improvements. An oversight
framework will, at a minimum, help OSD to develop goals, objectives,
milestones, and strategies to help ensure that all of the accepted
recommendations by the Defense Task Force on Domestic Violence are
implemented to produce the desired improvements in assisting domestic
violence victims and holding offenders accountable as appropriate.
For more information, contact Brenda Farrell at (202) 512-3604 or
farrellb@gao.gov.
[End of Recommendation 7]
[End of Enclosure II]
Enclosure III: GAO Contact and Staff Acknowledgments:
GAO Contact:
Brenda S. Farrell, (202) 512-3604 or farrellb@gao.gov.
Acknowledgments:
In addition to the contact listed above, key contributors to this
report include Marilyn K. Wasleski, Assistant Director; Cynthia Grant;
Nicole Harms; Elizabeth Kowalewski; Joanne Landesman; Alberto Leff;
Eli Lewine; Ann Rivlin; Beverly Schladt; Dale Wineholt; and Elizabeth
Wood.
[End of Enclosure III]
Footnotes:
[1] Pub. L. No. 106-65, §§ 591, 594 (1999).
[2] Military Personnel: Progress Made in Implementing Recommendations
to Reduce Domestic Violence, but Further Management Action Needed,
[hyperlink, http://www.gao.gov/products/GAO-06-540] (Washington, D.C.:
May 24, 2006).
[3] Pub. L. No. 111-84, § 568 (2009).
[4] DOD adopted the definitions for domestic violence and domestic
abuse in 2004, and they are set out in DOD Instruction 6400.06,
Domestic Abuse Involving DoD Military and Certain Affiliated Personnel
(Aug. 21, 2007).
[End of section]
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