DoD640006p. (part-2)

(12) Be familiar with the responsibilities outlined in Section 2.
c. Initial Response and Assessment.
Commanders will:
(1) Refer any domestic abuse incident reported or discovered, independent of law enforcement, to:
(a) Their military LEA; or
(b) The appropriate criminal investigative organization for possible investigation pursuant to DoDI 5505.03. All allegations of sexual abuse or sexual assault must be reported to the appropriate MCIO.
(2) Coordinate with military LEA, when appropriate, to make a report to the insider threat program, pursuant to DoDD 5205.16, and in accordance with the Component’s reporting guidance.
(3) Report, to the installation FAP:
(a) Credible information (which may include a reasonable belief) that a child in the family or home of a Service member has suffered an alleged incident of child abuse, pursuant to Section 575 of PL 114-328.
(b) Known or suspected incidents of domestic abuse. (4) Secure safe housing for the victim as needed.
(a) When the parties must be separated to safeguard the victim, the preference is to remove the alleged abuser from the home rather than the victim.
(b) If necessary and authorized, direct the alleged abuser to find alternative housing.
(5) Ensure protection of all persons alleged or known to be at risk from domestic abuse by issuing and enforcing an appropriate MPO. Commanders should:
(a) Consult with the JA to ensure any MPO issued is not less restrictive than those issued by civilian courts.
(b) Notify, through the installation LEA or MCIO (if adult sexual abuse or sexual assault is alleged), civilian law enforcement authorities of any issued MPO in accordance with regulations issued by the Secretaries of the Military Departments.
(6) Issue and enforce a no contact order, if appropriate. A no contact order should not take the place of an MPO, when an MPO is warranted or requested by the victim, but can be used to address immediate safety concerns.
(7) Recommend victims seek a CPO, while respecting victim choice.
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(8) Cooperate in making the alleged abuser available to be served with a CPO, as needed and consistent with Service regulations. If a CPO is served, commanders will:
(a) Secure a copy of the CPO.
(b) Review it with the servicing legal office. (c) Provide a copy to the installation LEA.
(9) If the alleged abuser is a civilian:
(a) Consider requesting the installation or garrison commander bar the individual from the installation.
(b) Notify the servicing installation MCIO and LEA, which may exercise investigative jurisdiction over the alleged offenses.
(c) Notify the appropriate civilian criminal investigative organization for possible investigation.
(d) Consult with the servicing civilian personnel office and the servicing legal office when the alleged abuser is a U.S. civil service employee who may be subject to disciplinary action.
(10) Provide the victim with information about the FAP, DAVA services, legal services, victim and witness assistance, and transitional compensation in accordance with:
(a) DoDI 1030.02.
(b) DoDI 1342.24.
(c) The June 14, 2004 Principal Deputy USD(P&R) Policy Memorandum, as appropriate.
(11) Direct an active duty alleged abuser to the FAP for assessment; and urge civilian family members to take part in the FAP assessment and services, as appropriate.
(12) Notify an active duty alleged abuser on the incident referred. Encourage cooperation with the CCSM’s treatment or service recommendations.
(13) Request or order the Service member, as appropriate, after consultation with the servicing legal office, to secure personal weapons until the commander, in consultation with FAP, determines the risk of future incidents is reduced.
(14) Separate the living and work environments of the victim and alleged abuser, where appropriate. The preference is to move the alleged abuser to a different work or living environment rather than the victim, as appropriate and supportive for the victim.
(15) Conduct health and welfare checks when children are involved in incidents of domestic abuse.
(16) Monitor an active duty alleged abuser as they complete FAP treatment or service plan recommendations. If the alleged abuser refuses to participate or cooperate in treatment, contact FAP to coordinate risk monitoring and additional actions, as appropriate, to support the victim’s safety plan.
d. MPO.
Commanders will:
(1) Consult with the appropriate servicing legal office concerning tailoring, issuing, and canceling an MPO.
(2) Issue and check compliance with an MPO, when necessary, to safeguard a victim, quell a disturbance, and maintain good order and discipline. The MPO will provide the victim time to pursue a protection order through a civilian court (should they choose to do so) or should support any existing CPO. Commanders will:
(a) Educate and inform victims of the option to seek a CPO.
(b) Explain to the victim why a CPO provides additional protection. (c) Inform the victim of the limits of the MPO, in terms of both:
1. Civilian law enforcement’s ability to enforce the MPO. 2. The Service member’s ability to:
a. Pass a Federal firearms background check.
b. Purchase a firearm despite the existence of the MPO.
(d) Encourage the victim to seek a CPO, as appropriate.
(e) Tailor the MPO’s terms to meet the specific needs of an individual victim. (f) Seek consultation with the servicing legal office to receive timely advice.
(3) Use DD Form 2873 to issue an MPO.
(a) Issue an MPO to the Service member to:
1. Prohibit the member from contacting or communicating (through any or certain specified means) with:
a. The protected person; or
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b. Members of the protected person’s family or household.
2. Direct the Service member to take specific actions that support, or are in furtherance of, the prohibition.
(b) Immediately upon issuance, provide a copy of the signed MPO to:
1. The Service member who is the subject of the order.
2. Protected person (or the custodial parent or guardian of the protected person, if the protected person is a child victim).
3. Installation LEA for submission to the protection order file of the NCIC, pursuant to Section 1567 of Title 10, U.S.C.. The LEA will update the NCIC record as required with current information, including removing the record when the MPO is no longer in effect.
(c) Obtain verification from the installation LEA, who will annotate the information on the DD Form 2873, that the MPO was input into the NCIC database.
(d) Immediately notify the servicing FAP POC (including the on-call FAP representative if during after-hours) of the issuance of the MPO and when modifications are made to the MPO.
(e) The issuing commander will file and maintain the original MPO. Copies will be provided, in accordance with Paragraph 3.6.d., to the:
1. Installation SJA and installation LEA.
2. Protected person and member.
(f) Inform the victim immediately of any changes to the MPO, both verbally and, if possible, with a copy of the changed order. Send a copy of the changed order to the servicing LEA.
(g) Use DD Form 2873-1 to cancel the MPO; and provide copies of the signed MPO cancellation to the:
1. Service member who is the subject of the order.
2. Service member’s local personnel file.
3. Protected person (or the custodial parent or guardian of the protected person if the protected person is a child).
4. Installation LEA.
(h) Place information regarding a changed or cancelled MPO in the NCIC database, in accordance with Section 1567a of Title 10, U.S.C, through the installation LEA. Obtain
verification from the installation LEA, who will annotate the information on the DD Form 2873- 1, that the MPO was input into the NCIC database.
(i) In accordance with Section 1567 of Title 10, U.S.C., an MPO issued by a military commander will remain in effect until the commander:
1. Modifies or terminates the order; or
2. Issues a replacement order.
(4) Contact the gaining command within 7 calendar days of notification of the pending transfer; and recommend the gaining command issue a new MPO when:
(a) The Service member is transferred to another unit; and
(b) An MPO is still necessary to protect the victim(s). (5) Commanders may:
(a) Issue an MPO:
1. Even if a judge or magistrate has already issued a CPO with terms that are more restrictive than those in the CPO to which the member is subject. However, the terms of a commander-issued MPO may not contradict or be less restrictive than the CPO.
2. Applicable to locations beyond a CPO’s jurisdiction, including locations outside of the United States.
(b) Enforce an MPO whether the Service member is on or off the installation. Service members violating an MPO may be subject to disciplinary action pursuant to the UCMJ.
(c) Keep the MPO in place if FAP advises risk to the victim’s safety remains, even if a CPO is rescinded.
e. CPO.
Pursuant to the Armed Forces Domestic Security Act, commanders and installation law enforcement personnel will take all reasonable measures necessary to ensure a CPO has the same force and effect on a DoD installation as such an order has within the jurisdiction of the court that issued such order.
(1) The installation commander will establish policies and procedures, in accordance with Service policies and guidance required by Paragraph 2.7.a. of this issuance, for registering a CPO on a military installation including a notice requirement among the commander, military law enforcement elements, and other military criminal investigation elements of the installation. Failure to register the order will not be reason for a commander, military law enforcement, or other applicable personnel, who have knowledge of the order, to fail to give it full force and effect.
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(2) All persons who are subject to a CPO will comply with the order’s provisions and requirements when present on a military installation.
(3) Service members failing to comply with a CPO may be subject to administrative or disciplinary action in accordance with the UCMJ.
(4) Civilians failing to comply with a CPO, including DoD civilian employees, may be barred from the installation. DoD civilian employees may also be subject to appropriate administrative or disciplinary action. Before taking administrative or disciplinary action, supervisors will consult with the:
(a) Servicing legal office.
(b) Civilian personnel office.
f. Safety Planning.
Commanders will:
(1) Consult with FAP staff to ensure a safety plan is ready and in place.
(2) Review each law enforcement investigative report with the servicing legal office to decide appropriate disposition.
(3) Use all available transportation options to provide for victim safety, including early return of dependents for victims OCONUS, in accordance with Chapter 5, Paragraph 051205.C, of the Joint Travel Regulations.
(4) Reassign the Service member or authorize relocation of dependents who are threatened with bodily harm or death when military and civilian authorities are unable to ensure the continued safety of threatened dependents pursuant to DoDI 1315.18.
(5) For purposes of family eligibility for transitional compensation benefits, document that a Service member engaged in conduct that is a domestic abuse or child abuse offense when:
(a) Referring such action for court-martial.
(b) Initiating action to administratively separate the Service member from active duty in accordance with DoDI 1342.24.
(6) Consult with:
(a) FAP staff for information on risk assessment findings and recommended command response.
(b) The FAP to ensure safety precautions for the victim are in place when the alleged abuser is returning from training or deployment.
(c) Personnel officials to decide if temporary duty station or permanent change of station (PCS) orders that interfere with completion of any directed intervention services will be canceled or delayed. When temporary duty station or PCS orders cannot be canceled or delayed, coordinate efforts with the gaining command to ensure continuity of services with the FAP and other military and civilian providers regarding intervention for both the alleged abuser and the victim.
(7) Document and report command actions on domestic abuse incidents through appropriate Service protocols; to include notifying installation law enforcement officials, who will then update Federal law enforcement databases, such as the:
(a) Interstate Identification Index (III).
(b) NCIC.
(c) National Instant Criminal Background Check System (NICS).
(8) Seek to establish MOUs at the installation command level with appropriate civilian agencies that include procedures for improving information sharing on domestic abuse investigations, arrests, and prosecutions involving military personnel. Any sharing of personally identifiable records with civilian agencies will comply with the Privacy Act, DoDI 5400.11, DoD 5400.11-R, and DoDI 6025.18, as applicable.
g. Expedited Transfer.
Expedited transfer assists Service members’ and their dependents’ recovery by moving them from the location where the incident occurred and where the victim may have experienced ostracism and retaliation.
(1) Expedited transfer will be made available to Service members and their dependents, as applicable, to address concerns of physical and psychological safety, in accordance with Section 536 of PL 115-232 and Section 673 of Title 10, U.S.C.
(2) Transfers will be handled as outlined in: (a) Section 6 of this issuance; and
(b) Applicable DoD and Service FAP headquarters implementing policies and guidance.
3.6. CHAPLAINS.
a. Privileged Communications.
Individuals, including victims and alleged abusers, are entitled to the protections of the clergy-penitent privilege as described in Rule 503 of the MRE. Clergy-penitent privilege will be
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assumed until specifically waived by penitent or at-risk individuals in writing or in accordance with Service policy. Chaplain Corps personnel:
(1) Will complete required trainings on domestic abuse prevention and their role in victim safety, as required by Military Department and Service implementing policies and guidance, including applicable trainings offered by the FAP.
(2) Will encourage self-referral, or help facilitate a referral to appropriate services (e.g., the FAP, civilian victim advocacy, or medical services) upon learning of a potential or actual domestic abuse incident when:
(a) The privilege has been waived or Chaplain Corps personnel learn of a potential or actual domestic abuse incident through a communication that is not otherwise privileged; and
(b) The Chaplain is not otherwise bound by clergy-penitent privilege.
(3) May not be mandated reporters pursuant to the law of the jurisdiction in which they work. Members of the Chaplain Corps should consult with their Chaplain Corps leadership and legal advisor on any questions related to the clergy-penitent privilege.
(4) As with any other Service member, have a general obligation to report suspected child abuse to the installation FAP, pursuant to Section 575 of PL 114-328, when:
(a) They learn of facts that give rise to a suspicion of child abuse outside of their role as a Chaplain Corps member;
(b) Privilege has been waived; or
(c) Such information is not otherwise privileged.
(5) Should consult with their Chaplain Corps leadership and legal advisor on any questions regarding the waiver of privilege.
b. Domestic Abuse Training.
Chaplain Corps personnel will:
(1) In recognition of their special role in privileged communications, be trained on the policies and procedures in this issuance and on Service-specific policies on domestic abuse and privileged communications. This training will include:
(a) Facilitation of referrals.
(b) Victim reporting options.
(c) Domestic abuse lethality risk assessments. (d) Safety planning.
(e) MPOs and CPOs.
(f) Transitional compensation for abused dependents.
(g) National and region-specific domestic abuse support services.
(2) Collect domestic abuse training data pursuant to Section 543(a)(3) of PL 111-383.
(3) Submit Chaplain Corps training data, through their respective Service branch channels, to the OSD.
c. Safety Planning.
Chaplain Corps personnel:
(1) Will take all measures to keep domestic abuse victims safe, including:
(a) Counseling victims about the use of area shelters. (b) Referring victims to the:
1. National Domestic Violence Hotline (1-800-799-SAFE); or
2. Pathways to Safety International Hotline (1-833-SAFE-833) or crisis@pathwaystosafety.org, if OCONUS.
(c) Helping victims to fill out a safety plan.
(d) Following up with victims, when appropriate.
(2) May consult with the FAP, as needed and as authorized, to evaluate and lessen risks to victims and alleged abusers.
3.7. MCIOS AND LEAS.
a. Investigation, Assessment, and Response.
MCIOs or LEAs investigate and assess which reported incidents of domestic abuse meet the UCMJ threshold for criminal activity. MCIOs and LEAs will respond to domestic abuse reports, and will inform victims of available domestic abuse services.
(1) First Response and Assessment.
Law enforcement personnel will:
(a) Receive appropriate training for responding to domestic abuse, in accordance with DoDI 5525.15, including the:
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1. Different types of abuse.
2. Use of technology in domestic abuse incidents.
(b) Notify the FAP within 24 hours of all domestic abuse incidents, including domestic abuse-related fatalities.
(c) Inform the victim of the availability of: 1. Local shelter facilities.
2. Services offered through the DAVAs. 3. An MPO and a CPO.
(d) Decide if an incident meets the criteria for an SVIP-covered offense.
(e) Provide, through the chief of law enforcement, the servicing MCIO investigators information gained from military law enforcement response and coordination with civilian LEAs.
(f) Report information, as appropriate, to the installation insider threat program, in accordance with the component’s reporting guidance.
(2) SVIP-Covered Offenses within the Investigative Jurisdiction of MCIOs.
MCIOs will:
(a) Investigate:
1. Unrestricted reports of domestic abuse involving sexual assault or aggravated assault with grievous bodily harm.
2. Child abuse involving child sexual assault or aggravated assault with grievous bodily harm, as referred to in DoDI 5505.19.
(b) Provide the FAP clinical provider with the MCIO case number for all official adult sexual abuse cases, within 48 hours of initiation of an investigation, for entry into the DSAID.
(c) Meet the training requirements for responding to special covered offenses in accordance with DoDI 5505.19
(d) Collaborate with all SVIP members, in accordance with DoD and Service policy.
(3) MPO.
Immediately upon receipt of an MPO issued by a commander, the military law enforcement authority will:
f an MPO.
(b) Notify the appropriate civilian authorities electronically, through the NCIC, of any change made in the MPO, including the modification or cancellation of an MPO.
(c) Track the number of issued MPOs entered into the NCIC database each calendar year, as required by Section 543 of PL 116-92 and in accordance with Service policies and guidance.
(4) CPOs.
If the victim has a CPO, law enforcement personnel will take all reasonable measures necessary to ensure a CPO is given full force and effect pursuant to the Armed Forces Domestic Security Act.
(a) Installation law enforcement will have procedures in place for registering and monitoring a CPO.
(b) Failure to register the order will not be reason for law enforcement personnel, having knowledge of the order, to not give the CPO full force and effect.
(c) Law enforcement personnel will cooperate with civilian LEAs to ensure alleged CPO violations are investigated. The installation commander, through appropriate installation law enforcement personnel and agencies, will attempt to establish an MOU specific to CPOs with civilian LEAs to ensure the most timely and effective coordination between civilian and military law enforcement officials. If civilian LEAs will not establish an MOU, the installation commander through appropriate installation personnel and agencies, will document their coordination with the civilian LEA.
b. General Requirements.
MCIOs and LEAs investigative findings will be fact-based, unbiased, and reflect impartiality, in accordance with DoDI 5505.03 and Service-specific policies and guidance.
c. Tracking and Reporting.
Track domestic violence incidents involving Service members from initial allegation to final disposition. MCIOs will enter all appropriate records into the NCIC or III, in accordance with DoDI 5505.11, or the NICS Index, as applicable.
3.8. JAS.
JAs, unless otherwise stated, will include other appropriate legal advisors.
a. Training.
JAs will receive training:
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(1) Appropriate for their role in responding to special victim offenses, to include those assigned defense counsel responsibilities.
(2) From DAVAs or other FAP staff on:
(a) The types and impact of domestic abuse.
(b) Victim safety.
(c) Available services for victims and alleged abusers.
b. Available Services.
When working with victims of domestic abuse, JAs must inform victims of services available (e.g., DAVAs, the VWAP, the Transitional Compensation Program, and SVC or VLC). SJAs or command legal counsel will:
(1) Designate specially trained prosecutors, paralegals, administrative support personnel, and victim witness assistance personnel to ensure legal support to victims who meet SVIP criteria, in accordance with Section 1044e of Title 10, U.S.C.
(2) Coordinate with the FAP and DAVAs to help a victim’s welfare, security, and recovery in cases involving SVIP-covered offenses where the victim is eligible for and has accepted available support services.
(3) Provide informed advice, upon request, concerning expedited transfer requests.
(4) Provide informed advice, upon request, concerning MPOs, no contact orders, and CPOs.
c. Response to Domestic Abuse Allegations.
SJAs or command legal counsel will:
(1) Provide timely, informed advice to commanders regarding the response to allegations of domestic abuse.
(2) Consult with the:
(a) Appropriate law enforcement representatives when advising the responsible commander regarding their response to a domestic abuse incident.
(b) FAP when considering the lethality risk factors referenced in Paragraph 3.1.d.(2).
(3) Advise FAP clinical providers, DAVAs, DAVA supervisors, and HCPs on whether an exception to restricted reporting exists in accordance with Section 5.
d. Issuance of MPOs.
SJAs or command legal counsel will advise commanders, when requested, regarding the appropriateness of issuing an MPO against an alleged military abuser in accordance with Paragraph 3.5.d.
e. Armed Forces Domestic Security Act.
SJAs or command legal counsel will advise the responsible commander and law enforcement personnel regarding the implications of the Armed Forces Domestic Security Act in accordance with Paragraph 3.5.e.
f. Federal Prohibitions to Weapons Possession.
SJAs or command legal counsel will advise the responsible commander and law enforcement personnel in all matters relating to the GCA, including the Lautenberg Amendment in accordance with Section 9.
g. Negotiating MOUs with Civilian Offices and Agencies.
SJAs or command legal counsel will advise the responsible installation commander regarding the appropriate scope and content of MOUs with servicing civilian law enforcement, prosecutorial, and judicial officials, as appropriate.
h. Prosecution of Domestic Violence Cases.
JAs assigned to prosecute domestic violence cases will work with command, law enforcement, DAVAs, and other relevant personnel, and will:
(1) Advise the responsible commander of the appropriate and effective response to domestic violence, taking into account the results of risk assessments conducted by the FAP in accordance with Paragraph 3.1.d.
(2) Advise and coordinate with law enforcement personnel, as appropriate, regarding scene investigation, evidence gathering, and the appropriate scope and content of law enforcement reports of domestic violence incidents. This ensures such work is carried out effectively and in accordance with all applicable laws and regulations.
(3) Work collaboratively with MCIOs to provide advice, guidance, and support during the investigatory and resulting disciplinary phases, as applicable, of all reported criminal cases, including those based on command-directed or civilian police investigations that meet the criteria for SVIP in accordance with Paragraph 3.7.a.(2).
3.9. FAP CLINICAL PROVIDERS AND COMMANDERS.
FAP clinical providers and commanders will coordinate continuous monitoring of alleged abusers, as appropriate, through the CCR to reduce the risk of further domestic abuse.
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SECTION 4: DOMESTIC ABUSE EDUCATION AND MANDATORY TRAINING 4.1. EDUCATION AND TRAINING FOR MILITARY PERSONNEL.
The Military Departments will provide annual mandatory training, at a minimum, to all military personnel on these subjects:
a. Risk factors and dynamics of domestic abuse.
b. DoD and Service-specific domestic abuse policies and procedures.
c. Common misconceptions associated with domestic abuse.
d. Beliefs, attitudes, and cultural and gender stereotypes associated with domestic abuse. e. Primary and secondary prevention of domestic abuse.
f. Reporting options.
g. Military and civilian domestic abuse resources to:
(1) Promote healthy relationships.
(2) Protect victims.
(3) Prevent re-occurrence of domestic abuse.
h. Trauma-informed care.
i. The definition of “intimate partner.”
j. Risk and safety factors in domestic abuse.
k. Reasons victims remain in abusive relationships.
l. Use of technology in domestic abuse.
m. The Lautenberg Amendment, with input from the SJA.
4.2. EDUCATION AND TRAINING FOR FAMILY MEMBERS.
To the extent possible, education and awareness activities will also be available for family members.
SECTION 5: RESTRICTED AND UNRESTRICTED REPORTING POLICY
5.1. REPORTING OPTIONS.
a. Adult domestic abuse victims have two reporting options: (1) Unrestricted reporting.
(2) Restricted reporting.
b. Regardless of whether the victim chooses restricted or unrestricted reporting, confidentiality of protected health information will be maintained in accordance with DoDI 6025.18 and DoDM 6025.18.
5.2. UNRESTRICTED REPORTING. a. Unrestricted Reporting Channels.
(1) Domestic abuse victims who want to pursue an official command or criminal investigation of an incident should use official established channels for reporting abuse or misconduct (e.g., chain of command, the FAP, or law enforcement).
(2) If a victim reports domestic abuse to a SARC or sexual assault victim advocate, that provider will offer the victim a warm handoff to the FAP. Victims of unmarried intimate partner sexual abuse may choose to receive services from the FAP or Sexual Assault Prevention and Response program.
(3) Victims may report sexual assault involving persons they do not consider to be an intimate partner to a SARC and receive victim advocacy and assistance in accordance with Volume 1 of DoDI 6495.02.
b. Services Provided for Victim.
(1) Upon notification of a reported domestic abuse incident, FAP will offer victim advocacy services and FAP clinical services to the victim.
(2) Details regarding the incident will be limited to only those personnel who have a legitimate need to know.
(3) Within 24 hours, a report will be made to the installation LEA. The installation LEA will then report to the installation insider threat program, in accordance with the Component’s reporting guidance.
(4) Victims will be afforded an opportunity to: (a) Engage in safety planning.
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(b) Participate in a domestic abuse assessment.
(c) Get support in writing a victim impact statement.
(5) At the victim’s request, the HCP or FHE, in coordination with MCIO investigators, will conduct any medical forensic examination considered appropriate.
(6) Victims will be:
(a) Informed of the: 1. FAP process.
2. Recommendations of the CCSM.
3. Incident status determination.
(b) Referred to military and civilian agencies for support and services, as:
1. Deemed appropriate by the FAP.
2. Desired by the victim.
(c) Encouraged, but not ordered, to complete treatment.
5.3. RESTRICTED REPORTING.
a. General Requirements.
Restricted reporting is limited to adult domestic abuse victims who are eligible to receive medical care from the DoD. If a report of child abuse is made as part of a domestic abuse allegation, the child abuse must be reported to the FAP, command, law enforcement, and child welfare services.
(1) The victim will acknowledge, in writing, their understanding that restricted reporting may limit the U.S. Government’s ability to hold accountable and prosecute the alleged abuser.
(2) Victims who choose restricted reporting must report the abuse to a DAVA, a DAVA supervisor, a FAP clinical provider, or an HCP.
(a) The DAVA.
1. If the DAVA is the first contact with the victim, the DAVA will notify a DAVA supervisor as soon as possible.
2. The DAVA:
Change 1, May 10, 2022
a. Provides the victim information about the restricted and unrestricted reporting options.
b. Processes and guides the victim in completing a DD Form 2967. 3. The DAVA will:
a. Inform the victim of exceptions to the restricted reporting option, especially those that require a duty to warn.
b. Provide information about victim advocacy services.
4. When the DAVA attends the installation FAC, at the discretion of the FAP manager or the DAVA supervisor, the DAVA must report information about domestic abuse incidents without including information that could reasonably lead to the personal identification of the victim or alleged abuser.
a. Information will be provided to command officials at the first FAC meeting following receipt of information about the alleged domestic abuse; or at a subsequent meeting, as directed by the installation commander responsible for convening the FAC.
b. This gives the installation commander a clearer picture as to the number of domestic abuse incidents and the type of domestic abuse incidents within the command; and enhances the commander’s ability to provide a safe environment that contributes to the well- being and mission readiness of all Service members.
(b) The DAVA Supervisor.
The DAVA supervisor will assign a victim advocate to help the victim.
(c) The FAP Clinical Provider.
The FAP clinical provider will:
1. Support the victim’s choice of a restricted report, when the option is available, while also assisting the victim in developing a safety plan.
2. Provide ongoing assessment and monitoring of the victim’s situation, including changes in risk that may require an exception to the restricted reporting option.
3. Make every effort to:
a. Discuss the risk factors with the victim.
b. To the greatest extent possible, inform the victim of the exception that requires the sharing of confidential information before revealing any such information.
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(d) The HCP.
The HCP:
1. Starts appropriate care and treatment and contacts the DAVA, if not already
involved.
2. Coordinates a medical forensic examination as appropriate, at the victim’s discretion or request.
a. In the absence of an FHE or other HCP trained to conduct a medical forensic examination, the victim will be appropriately referred for such an examination.
b. If the victim chooses to receive medical care at a civilian facility, regulations governing the release of personal health information at that facility apply. To the extent possible, victims should be made aware of the information specified in this paragraph.
3. Will not disclose covered communications to:
a. The victim’s or the alleged abuser’s commander; or
required by law.
b. Law enforcement or MCIO either within or outside the DoD, except as
b. Victim Confiding in Another Person.
(1) The DoD recognizes a victim may first tell someone (e.g., a friend, family member, peer, or other confidante) about the abuse before being aware of reporting options or considering whether to file a restricted or unrestricted report.
(a) A victim’s communication with another person does not prevent the victim from later making a restricted report.
(b) If the victim:
1. Informed their or their alleged abuser’s chain of command, a DoD LEA, or MCIO (outside of the CATCH program), there can be no restricted report.
2. If the chain of command finds out about the incident through independent channels, an investigation can be initiated, even if the victim has filed a restricted report.
(2) Consistent with current policy regarding privileged communications, victims may also speak to Chaplain Corps personnel about abuse without compromising their restricted or unrestricted reporting option(s), if the communication is for a spiritual purpose or assistance. See Paragraph 3.6.a. for more information on privileged communications with Chaplain Corps personnel.
(3) If a victim reports domestic abuse to a person who has the credentials of a clinical provider but is acting in a nonclinical role, that provider should offer the victim a warm handoff
to the FAP. This disclosure does not prevent the victim from later choosing to make a restricted report. Those with the credentials of a clinical provider but acting in a nonclinical role would include, but are not limited to:
(a) Military Family Life counselors. (b) Military OneSource providers. (c) Prevention personnel.
(4) If a victim reports domestic abuse to a SARC or sexual assault victim advocate, that provider will offer the victim a warm handoff to the FAP. Disclosure of the domestic abuse to a SARC or sexual assault victim advocate does not prevent the victim from later choosing to make a restricted report in accordance with this issuance.
(5) In the course of otherwise privileged communication with an SVC or VLC, or legal assistance attorney, a victim may indicate they wish to file a restricted report. If this occurs, the SVC or VLC, or legal assistance attorney will, with the victim’s consent, facilitate contact with a DAVA or FAP clinical provider to ensure the victim is offered services and completes a DD Form 2967.
(6) Information that reveals a possible threat to the victim or other persons may require a duty to warn or other exception that would:
(a) Necessitate a notification to command, LEA, or MCIO dependent on the nature of the information.
(b) Override the victim’s restricted report election.
c. Exceptions to Confidentiality and Restricted Reporting and Limitations on Use.
(1) When a victim chooses restricted reporting, covered communications may be disclosed to these persons and for these reasons:
(a) Named Individuals.
When the victim authorizes the disclosure in writing.
(b) Command Officials or Law Enforcement.
When necessary to prevent or lessen a serious and imminent threat to the health or safety of the victim or another person.
(c) The FAP and Other Agencies Authorized by Law to Receive Reports of Child Abuse.
When, because of the victim’s disclosure, the FAP clinical provider, DAVA, HCP, or other covered professional has a reasonable belief that child abuse has also occurred. The disclosure by a covered professional to the agency authorized to receive reports of child abuse is
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limited to only the information related to the child abuse, unless the allegation of child abuse includes exposure to domestic abuse.
(d) Disability Evaluation Boards and Officials.
When an HCP’s disclosure is required for fitness for duty for disability evaluation system determinations. Such disclosure is limited to only the information that is necessary to process the disability determination.
(e) DAVAs or FAP clinical providers.
When disclosure is required for the supervision of direct victim services or treatment.
(f) Military or Civilian Courts of Competent Jurisdiction.
When a military, Federal, or State judge issues a subpoena or order for the covered communications to be presented to the court or to other officials or entities when the judge orders such disclosure.
(g) Other Officials or Entities.
When required by Federal or State statute or applicable U.S. international agreement.
(2) HCPs may also convey information to the victim’s commander, if applicable, on any possible adverse duty impact related to an active duty victim’s medical condition and prognosis in accordance with DoDI 6025.18. Such circumstances, however, do not otherwise warrant an exception to restricted reporting; and, therefore, the specific details of the domestic abuse incident:
(a) Will still be treated as a covered communication.
(b) May not be disclosed.
(3) If the FAP clinical provider, DAVA, or HCP believes disclosure is warranted or required, pursuant to one of the exceptions, when time allows, the FAP clinical provider, DAVA, or HCP will first consult with their supervisor and servicing legal office before disclosure. When there is uncertainty or disagreement on whether an exception applies, the matter may be elevated without the release of PII or PHI in accordance with Service headquarters policies and guidance.
(4) The FAP clinical provider, DAVA, or HCP must also make every reasonable effort to provide the victim advance notice of the intention to disclose a covered communication, with a description of the information to be disclosed; the basis for disclosure; and the individual, group, or agency to which it will be disclosed. The disclosure will be limited to the information necessary to satisfy the purpose of the disclosure, if the disclosure is made under the authority of one of the stated exceptions. Further disclosure will not be made unless the domestic abuse victim authorizes the disclosure in writing.
d. Consequences for Improper Disclosure of Covered Communications.
(1) Improper disclosure of covered communications, improper release of protected health information, and other violations of this policy are prohibited and may result in:
(a) Discipline pursuant to the UCMJ.
(b) Loss of privileges.
(c) Other adverse personnel or administrative actions.
(2) This policy does not:
(a) Create any actionable rights for the alleged abuser or the victim;
(b) Constitute a grant of immunity for any actionable conduct by the alleged abuser or the victim; or
(c) Create any form of evidentiary or testimonial privilege.
(3) Covered communications disclosed to persons other than those named to receive them under the protections of this restricted reporting policy, even if disclosed improperly or inadvertently, may be used in administrative, non-judicial, or judicial disciplinary proceedings.
5.4. NOTIFICATION OF OFFICIAL UNRESTRICTED REPORTS OF ADULT SEXUAL ABUSE FOR ENTRY INTO THE DSAID.
In the interim until a DoD database to track domestic violence incidents and associated disposition information is operational, information on official unrestricted reports of adult sexual abuse will be entered into the DSAID and aggregate data will be submitted to Congress. SARC protocols for entering cases into DSAID will be provided by the DoD Sexual Assault Prevention and Response Office and Service Sexual Assault Prevention and Response headquarters.
a. The FAP clinical provider will:
(1) Inform all adult sexual abuse victims of the requirement to provide specific case information of all official unrestricted sexual abuse reports to the lead SARC for the installation or other SARC as designated by the Military Service (hereafter referred to as “the SARC” in this section) to be entered into the DSAID.
(2) Have the victim indicate on DD Form 2967 that they have been informed of this sharing requirement.
(3) Help the victim contact the MCIO to report the sexual abuse, if the victim has not already initiated contact.
b. The MCIO will:
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(1) Consider the sexual abuse report as an official report when and if the victim has signed the DD Form 2967, or other documentation that indicates that the victim has made an unrestricted report of sexual abuse; and
(2) Within 48 hours of initiating an investigation of sexual abuse, provide to the FAP clinician the MCIO case number to be entered into the DSAID.
c. Upon receipt of the MCIO case number, the FAP clinical provider will:
(1) Notify the SARC of all domestic abuse cases with an official unrestricted report of adult sexual abuse. Notification will be made when an allegation involves:
(a) A Service member as either victim or alleged abuser; or (b) Command-sponsored civilians living OCONUS:
1. Identified as either victim; or
2. Alleged abuser and defined as intimate partners. (2) Notify the SARC, by phone:
(a) Within 48 hours of an official unrestricted report option being filed.
(b) After collecting the MCIO case number.
(3) Provide the SARC the victim’s name, date of report to DoD, MCIO case file number, DoD identification number (if applicable), rank, and unit. If there is no DoD ID number, provide the victim’s social security number and date of birth. The subject’s information will be recorded through DSAID interface with the MCIO data system.
(4) Document the DSAID case number received from the SARC in the victim’s case record.
(5) Use the DSAID number as the common identifier for official unrestricted sexual abuse cases when collaborating with sexual assault prevention response or the MCIO.
(6) Notify the SARC of the victim’s report of retaliation, when appropriate, whether the complaint is made at the initial allegation of sexual abuse or received at a later time.
(7) The FAP clinical provider retains responsibility for all case management. d. Within 48 hours of notification by FAP, the SARC will:
(1) Initiate an “Open with Limited Information” DSAID case for all official unrestricted sexual abuse reports from the FAP. For Restricted Report Exception Applied, select “No.”
(2) Provide the FAP clinical provider the DSAID case number.
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(3) Indicate in the DSAID that the report is a FAP case.
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SECTION 6: EXPEDITED TRANSFER 6.1. EXPEDITED TRANSFER REQUEST.
Request for expedited transfer may be made by the active duty victim of sexual or physical domestic violence allegedly committed by the spouse or intimate partner, whether or not the spouse or intimate partner is a Service member, or by the active duty parent whose dependent is a victim of sexual assault allegedly perpetrated by a Service member who is not related to the victim, pursuant to Sections 536 of PL 115-232 and Section 673 of Title 10, U.S.C.
a. The intent of expedited transfer is to:
(1) Address situations where the victim or the parent of the dependent victim feels uncomfortable and expresses symptoms of psychological harm due to ostracism and retaliation.
(2) Assist in the victim’s recovery by moving the victim to a new location, away from where the abuse occurred.
b. Threats to life or safety of a Service member or the dependent of the Service member must be immediately reported to command, MCIOs, and DoD law enforcement resources. In such circumstances, a request by the victim or parents of the victim for an expedited transfer will be handled in accordance with established Service regulations.
c. Safety issues will be addressed through processes and strategies that allow for expeditious response and a fast safety move, if needed, to mitigate risk and de-escalate the situation. Safety moves are not managed through expedited transfer, which may take longer than a safety move. Expedited transfer is best used when the victim is safe and may be a part of the safety planning goals.
d. Expedited transfer will include the Service member and the Service member’s dependent(s), even if they are geographically separated. However, the Service member may request that:
(1) Only the Service member’s dependent(s) be transferred; or
(2) The dependent(s) be transferred expeditiously and the Service member’s transfer be delayed (e.g., the Service member is deployed and wants to finish the deployment term or the Service member is in training and wants to complete the training).
e. The Military Service concerned will determine whether the Service member will be transferred at the same time as the dependents.
(1) The Service member will initiate the transfer request and submit their request to their commander. The commander will document the date and time the request is received.
(2) If a Service member has filed a restricted report, the report status must be changed to unrestricted before an expedited transfer can be initiated.
6.2. COMMANDER RESPONSIBILITIES.
The commander must:
a. Notify immediately, upon receipt of the expedited transfer request, the FAP POC. Service member victims or active duty parent(s) of dependent victims, not previously receiving FAP services, will be referred to the installation FAP for assessment and services, as appropriate.
b. Consider the request for an expedited transfer and elect the means that is most appropriate and expeditious, including other options (e.g., humanitarian grounds, through other processes) for securing the safety of victims.
c. Consult with legal counsel concerning shared property, child custody, or other legal issues involving the victim and the abuser that may complicate and potentially preclude expedited transfer of the active duty victim.
d. Provide expedited transfer information for Service members who are victims of physical domestic violence.
e. Provide expedited transfer, as appropriate:
(1) To reduce the risk of further harm to victims.
(2) For victims expressing discomfort, fearfulness, or psychological harm.
f. Solicit information from the active duty victim or parent of the victim to ascertain the most advantageous location and timing of the transfer, as appropriate.
g. Counsel the Service member to ensure the they are fully informed regarding: (1) Reasonably foreseeable career impacts.
(2) Impact on the investigation, if applicable.
(3) Other possible consequences of granting the request.
h. Approve or disapprove an expedited transfer request within 5 calendar days of submission of the written request in accordance with Volume 1 of DoDI 6495.02 and implementing Service policies and guidance. If the request is disapproved, the requester will be given the opportunity to have their request reviewed by the first general officer or flag officer in the chain of command of the Service member; and must make that decision within 5 calendar days of the submission of the review.
(1) If the expedited transfer is disapproved, the victim will be provided documentation explaining the reason for the disapproval. Command will:
(a) Prioritize the safety of victims throughout the process.
(b) Pursue all appropriate options to maintain the victim’s safety.
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(2) Consideration will be given to all other available options—including compassionate reassignment, early return of dependents, or other appropriate command options—to prioritize safety and the least inconvenience to the victim(s).
6.3. LOSING COMMAND RESPONSIBILITIES.
Upon approval of a request for expedited transfer, the losing command will:
a. Notify the losing FAP POC and the Service member in writing of the approval of the expedited transfer. The Services will provide guidance on what constitutes written notification to the FAP.
b. Send notification immediately to the appropriate personnel assignments entity to begin processing the transfer.
c. Assign personnel, if possible, to assist the Service member with any out-processing to facilitate transportation and any required PCS move requirements for the Service member and dependents.
d. Provide the Service member a detaching evaluation, fitness report, or other evaluation in accordance with Service policy.
e. Notify the Service member victim or active duty parent of a dependent victim of the requirement to have an:
(1) Outbrief meeting with the losing FAP office, so the FAP POC:
(a) Can answer any remaining questions the Service member may have about the transfer process.
(b) Facilitate any further coordination of services.
(2) Intake meeting with the gaining FAP POC to ensure continuity of services. After the intake meeting with the gaining FAP, the Service member can decide whether to continue services.
f. Encourage the Service member’s dependent to have an outbrief meeting with the FAP POC and a meeting with the gaining FAP POC, if desired and appropriate. After the intake meeting with the gaining FAP, the active duty parent or dependent, as appropriate, can determine whether to continue services.
g. Advise the Service member of the requirement to have an intake meeting with the gaining commander, if the:
(1) Service member or dependent seeks continued advocacy, legal, or health care services (mental health or other medical) at the new location; or
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(2) Investigation or legal proceedings involving the Service member or their dependents is ongoing at the time of the transfer. Dependents are not required to meet with the commander.
h. When there is an open case, notify the gaining command to facilitate the ongoing investigation and to support the continuation of victim services.
6.4. LOSING FAP RESPONSIBILITIES.
The losing FAP, after the approval of an expedited transfer, will perform the responsibilities listed in this paragraph.
a. Upon being notified by a commander of a Service member’s request for an expedited transfer for themselves or for a dependent, the DAVA or the FAP clinical provider will verify and notify the commander that the Service member has filed an unrestricted report of domestic abuse through a DD Form 2967.
b. The losing FAP will:
(1) Meet with the Service member victim or active duty parent of a dependent victim to outbrief and address any questions about the transfer process as it relates to FAP services.
(2) Inform the Service member the case will be transferred to the gaining installation for ongoing services.
(3) Inform the Service member of the requirement to have an intake meeting with the gaining FAP POC and provide the contact information for the gaining FAP office and the gaining DAVA. After the intake meeting with the gaining FAP, the Service member can decide whether to continue services.
(4) Facilitate the scheduling of the intake meeting with the gaining FAP POC, including providing the Service member:
(a) The name and contact number to the gaining FAP POC.
(b) An appointment date and time.
(5) Transfer the FAP case in the central registry to the gaining installation FAP.
6.5. GAINING FAP RESPONSIBILITIES.
An assigned DAVA or FAP clinical provider will:
a. Follow up with the Service member to assess for any ongoing risks and safety needs. b. During the required FAP intake meeting, the DAVA or FAP clinical provider will:
(1) Explain the full range of options at the installation.
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(2) Facilitate appointments with mental health, medical, and legal services.
(3) Assist with any questions the Service member or dependent(s) may have.
c. Encourage the Service member and dependent(s), as appropriate, to comply with all FAP treatment or service plan recommendations that had not been completed before the transfer; and also inform the Service member they may decline further services at any time.
d. Coordinate with the gaining commander for a separate commander intake meeting, if required. A separate meeting may be required if the investigation or legal proceedings involving the Service member or their dependents is ongoing at the time of the transfer.
SECTION 7: CATCH PROGRAM 7.1. CATCH PROGRAM PURPOSE.
The CATCH Program provides a way for Service members and their adult dependents who have experienced adult sexual abuse to provide information about their incident and the alleged abuser to military investigators to identify serial offenders.
7.2. EXECUTING THE CATCH PROGRAM.
a. Each Military Service will designate installation FAP clinical providers or DAVAs who will have access to the CATCH Program server to generate user credentials. Designated persons will participate in required training to execute the CATCH Program.
b. When working with a sexual abuse victim wishing to file a restricted report, as indicated by the victim signing the DD Form 2967, the FAP clinical provider or DAVA will:
(1) Advise the victim about the CATCH Program.
(2) Explain the program is voluntary.
c. The FAP clinical provider or DAVA will provide the victim with the information specified in this paragraph on the CATCH Program, including:
(1) Rules on evidence collection and retention.
(2) Follow-up and case monitoring procedures.
(3) Notification procedures for when a match occurs.
(4) Options for changing the election to an unrestricted report when a match occurs.
(5) The availability of an SVC or VLC, or the VWAP, to address questions about the investigatory nature of the CATCH Program.
(6) The CATCH Program information sheet.
d. When working the victim’s request to participate in the CATCH Program, the FAP clinical provider or DAVA will:
(1) Have the victim indicate their election to participate in the CATCH Program or not on a DD Form 2967.
(2) Inform the victim of their right to speak with an SVC or VLC regarding any questions about the investigative or legal process.
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(3) Generate a 24-character case number (e.g., “FRAR-FORTPOLK-2018-48573”). The number will be formatted in accordance with this paragraph.
(a) 4x Report Type [FR, FU] followed by Service affiliation [AF, AR, NV, MC, NG, CG].
(b) 1x Dash (-).
(c) 8x Alphanumeric FAP location.
(d) 1x Dash (-).
(e) 4x Numeric (calendar year).
(f) 1x Dash (-).
(g) 5x Numeric (Report sequence number unique to Service per calendar year).
(4) Use the created case number to generate a one-time username and password and provide it to the victim. The one-time username and password expires in 10 calendar days.
(5) Inform the victim the username and password are for accessing the CATCH database.
(6) Inform the victim the information entered into the database must be answered independently without the assistance of the FAP clinical provider or DAVA. A blank, coded form may be generated, printed out, and provided to the victim.
(7) Inform the victim they may choose to mail the CATCH form rather than enter the information electronically.
(8) Inform the victim to contact the FAP clinical provider or DAVA to request a new username and password:
(a) For making modifications to their CATCH report; or
(b) To opt out of the program.
(9) The FAP clinical provider or DAVA will retain the DD Form 2967 in the victim’s case file.
7.3. CATCH MATCH NOTIFICATION.
The MCIO, upon making a match, will notify Service FAP headquarters in accordance with Service FAP headquarters implementing policy and guidance. Service FAP headquarters will notify the FAP clinical provider or DAVA, who will inform the victim of the match in conjunction with an updated risk assessment and safety planning.
SECTION 8: FATALITY NOTIFICATION AND FATALITY REVIEW 8.1. NOTIFICATION.
DoD Components will submit information about domestic abuse or child abuse related fatalities to the DASD(MC&FP) on the DD Form 2901.
a. Information on the DD Form 2901 must be coordinated with the MCIO or appropriate DoD LEA having jurisdiction over the investigation before submission.
b. The DASD(MC&FP) will keep the information on items one through eight of the DD Form 2901 to learn whether the appropriate Military Department has conducted the required fatality review.
8.2. REVIEW BY FATALITY REVIEW TEAMS.
a. The Military Departments will conduct impartial, multidisciplinary reviews of each report of a domestic abuse or child abuse related fatality. A fatality will only be reviewed in accordance with this issuance when all criminal proceedings are complete, except if granted an exception by the DASD(MC&FP).
b. Each Military Department will establish and train a multidisciplinary fatality review team which will:
(1) Include representatives from organizations responsible for intervening with victims and alleged abusers; at the very least, the FAP, the MTF, SJA, law enforcement, and MCIO will all be represented.
(2) Involve appropriate non-U.S. Government civilian representatives, when needed. In such a case, comply with the requirements pursuant to DoDI 5105.04.
(3) Meet regularly in closed sessions to review fatalities for identifying trends and patterns that may help in developing policy recommendations that promote more effective prevention and intervention efforts.
(a) Establish operating procedures flexible enough to accommodate informal approaches that help the team’s work, including:
1. Meeting on an ad hoc basis.
2. Dispensing with routine meeting minutes.
3. Conducting preliminary reviews without the benefit of certain information (e.g., law enforcement report, autopsy report, or record of trial).
(b) Conduct a system review of each identified case by determining:
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1. Which organizations had contact with the deceased.
2. What services, if any, were offered; and the quality of those services. 3. The timeline of these critical events.
4. Whether better or different services might have prevented the death.
(4) Comply with the requirements, pursuant to DoDI 5400.11 and any applicable State law, that protect the identities of involved individuals.
(5) Protect the confidentiality of the deliberations and internal team documents, in accordance with DoDI 5200.48.
8.3. ANNUAL REPORT OF FATALITIES.
a. Each Military Department, through its headquarters FAP, will forward an annual report of fatalities to the DASD(MC&FP) in the format prescribed.
(1) The annual report is due 24 months after the end of the fiscal year in which fatalities occur and has a due date of December 31.
(2) If criminal proceedings have extended beyond 24 months after the incident occurred and are expected to be indefinitely delayed (e.g., alleged abuser has been at large since the incident or is incapacitated and not expected to recover), the Military Service will contact the DASD(MC&FP) to request an exception to delaying review of the case.
b. On an annual basis, the DASD(MC&FP) will conduct a DoD fatality review summit to respond to the findings from the annual reports and recommendations from the military fatality review teams. The report will include:
(1) An executive summary.
(2) For each fatality, information on the:
(a) Victims’: 1. Sex.
2. Age.
3. Race.
4. Ethnicity.
5. Pay grade (if applicable). 6. Injuries.
7. Autopsy findings.
8. Family information (without identifying data). 9. Significant medical and mental health history.
(b) The legal classification of the manner of death—whether: 1. Natural;
2. Suicide;
3. Homicide;
4. Accidental; or 5. Undetermined.
(c) Assailants’: 1. Sex.
2. Age.
3. Race.
4. Ethnicity.
5. Pay grade (if applicable).
6. Family information (without identifying data). 7. Prior law enforcement record.
8. Restraining order violations.
9. Significant medical and mental health history.
(d) History of:
1. Violence between the victim and assailant; or 2. Suicide attempt(s).
(e) Deaths due to suicide associated with the commission of domestic abuse or child abuse will include information about the decedent(s) and the alleged incident(s) of domestic abuse or child abuse that preceded the fatality or fatalities.
(3) Policies and practices reviewed because of the fatality.
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(4) Legal dispositions in cases involving homicide, when available.
(5) Interventions and issues or failures, if any, within the DoD’s systems.
(6) Discussions of significant findings.
(7) Recommendations for systemic changes, if any, within the Military Department.
SECTION 9: THE LAUTENBERG AMENDMENT TO THE GCA RESPONSIBILITIES AND PROCEDURES
9.1. BACKGROUND.
This section provides procedures for carrying out the requirements of the Lautenberg Amendment to the GCA, regarding both military personnel and DoD civilian personnel in covered positions. In general, the Lautenberg Amendment prohibits certain individuals from possessing or transferring firearms and ammunition.
9.2. QUALIFYING CONVICTIONS.
a. The Lautenberg Amendment, by its own terms, only applies to misdemeanor crimes of domestic violence. However, it is DoD policy that a qualifying conviction also includes a conviction for a crime of domestic violence tried by general or special court-martial which otherwise meets the definition of a misdemeanor crime of domestic violence, and that such a conviction triggers the requirements of the Lautenberg Amendment.
b. As a matter of DoD policy, a conviction for an offense meeting the definition of a felony crime of domestic violence, adjudged on or after November 27, 2002 (the date the USD(P&R) policy was first issued as a directive-type memorandum) will also be considered a qualifying conviction.
c. The term “qualifying conviction” does not include a:
(1) Summary court-martial conviction, imposition of nonjudicial punishment in accordance with Article 15 of the UCMJ, or deferred prosecutions or similar alternative dispositions in civilian courts.
(2) Determination by an IDC that an incident will be entered into the DoD Component FAP Central Registry as met criteria, as outlined in Volume 3 of DoDM 6400.01 for domestic abuse or child abuse.
9.3. ENFORCEMENT.
a. Military Departments will have procedures, as allowable by law, to require all military and DoD civilian personnel owning, transporting, or possessing personal firearms or ammunition and found to have a qualifying conviction in accordance with Section 922(g)(9) of Title 18, U.S.C., to provide proof of the surrender, transfer, or disposal of their privately owned firearms and ammunition.
b. Military Departments will have procedures, as allowable by law, to prevent all military and DoD civilian personnel from accessing, transporting, or possessing U.S. Government-issued firearms or ammunition if found to have a qualifying conviction in accordance with Section 922(g)(9) of Title 18, U.S.C.
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c. The Lautenberg Amendment does not prohibit personnel with a qualifying conviction from working with:
(1) Major military weapons systems; or
(2) Crew-served military weapons and ammunition (e.g., tanks, missiles, aircraft).
d. When an individual is found to have a qualifying conviction for domestic violence, including through a security clearance investigation, the appropriate authority will immediately retrieve all the individual’s U.S. Government-issued firearms and ammunition; suspend their authority to have U.S. Government-issued firearms or ammunition; and advise them to appropriately surrender, transfer, or dispose of their privately-owned firearms and ammunitions, in accordance with applicable laws and regulations. These actions will also be taken if there is credible information to believe the Service member or employee has a qualifying conviction.
9.4. INFORMATION AND DISCLOSURE REQUIREMENTS FOR MILITARY DEPARTMENTS AND DOD COMPONENTS WITH COVERED POSITIONS.
a. Supervisors will:
(1) Carry out a program to annually inform subordinate personnel of the Lautenberg Amendment to the GCA and its requirements, along with the procedures and policy in this issuance.
(a) Information provided will:
1. Include notice that personnel have an affirmative, continuing obligation to inform their supervisors if they have, or later obtain, a qualifying conviction.
2. Direct that a DD Form 2760, “Qualification to Possess Firearms or Ammunition,” will be used to obtain information regarding the applicability of the Lautenberg Amendment.
(b) Supervisors will also post notices about the Lautenberg Amendment and these procedures for implementation in all facilities w