UNCLASSIFIED/ ROUTINE R 131857Z FEB 15 FM CNO WASHINGTON DC TO NAVADMIN INFO CNO WASHINGTON DC BT UNCLAS NAVADMIN 037/15 SUBJ/DOMESTIC VIOLENCE INCIDENT COUNT-CONSEQUENT COMMAND ACTIONS// MSGID/GENADMIN/CNO WASHINGTON DC/N1/FEB// REF/A/DOC/OSD/10APR14/NOTAL// REF/B/DOC/OPNAV/25APR08// NARR/REF A IS USD (P&R) MEMO, DOMESTIC VIOLENCE INCIDENT COUNT AND CONSEQUENT COMMAND ACTIONS. REF B IS OPNAVINST 1752.2B, FAMILY ADVOCACY PROGRAM (FAP).// RMKS/1. This NAVADMIN provides implementation guidance regarding the new Department of Defense (DoD) requirement for commands to report Navy domestic violence incident count and consequent command action (DVIC-CCA). Navy commands shall report command actions for reportable domestic violence incidents as outlined in this message. Reference (a) directed each service to develop a plan to annually collect and submit the number of DVIC-CCAs for incidents that meet specifically defined criteria commencing with data collection in FY-15. The first report will be collated and submitted to the Office of the Secretary of Defense Family Advocacy Program office (OSD FAP) no later than 31 March 2016. 2. DVIC-CCA reporting criteria shall include: a. DVIC reporting criteria: A reportable incident is defined as a domestic violence incident in which the offender is an active-duty service member (including reserve personnel in an active-duty status) which meets one or more of the following criteria for: (1) Grievous bodily harm (as defined in Article 128 of the Uniform Code of Military Justice (UCMJ)): Grievous bodily harm means serious bodily injury. It does not include minor injuries, such as a black eye or a bloody nose, but does include fractured or dislocated bones, deep cuts, torn members of the body, serious damage to internal organs, and other serious bodily harm. (2) Severity Level 3 (Severe Physical): Major physical injury requiring inpatient medical treatment or causing temporary or permanent disability or disfigurement. Severity Level 3 includes moderate or severe emotional effects requiring long-term mental health treatment. This may require placement in an alternative environment to protect the physical safety or other welfare of the victim. (3) Severity Level 2 (Moderate Physical): Minor or moderate physical injury requiring one or more outpatient visits for treatment. Minor or moderate emotional effects requiring short-term mental health treatment may be indicated. (4) Sexual abuse of a spouse or intimate partner: Acts of domestic abuse or domestic violence to coerce the spouse or intimate partner to engage in any sexual activity. It includes rape/intercourse, sodomy, and coercing the spouse to participate in sexual activity with another person, as in pornography or prostitution. (Note: Though not specifically listed, this definition includes any sexual assault of and any aggravated or abusive sexual contact with a spouse or intimate partner, as defined in reference (b)). b. CCA reporting criteria: (1) Administrative action: The following are examples of administrative actions; the list is not all inclusive: formal counseling, special evaluation or fitness report, page 13 entry, administrative separation processing, administrative board, etc. The specific administrative action taken shall be documented. A CCA is only *administrative action* when no other CCA applies. For example, if non- judicial punishment (NJP) proceedings occur or court-martial charges are preferred, then NJP or court-martial is the appropriate CCA. If administrative actions are taken in addition to NJP proceedings or court- martial preferral, the administrative actions shall be reported with the results of the NJP or court-martial. (2) NJP: Includes only those disciplinary proceedings where UCMJ articles regarding the DVI are held, whether punishment is imposed or not. The results of the proceedings, including punishment awarded if applicable, shall be reported along with any additional administrative action. (3) Courts-Martial: Includes only those cases where UCMJ articles regarding the DVI are preferred. The results of the court-martial, including punishment awarded if applicable, shall be reported along with any additional administrative action. (4) Other: Includes subjects/incidents that could not be prosecuted or disposed of at NJP for the following reasons: Lack of jurisdiction (includes civilian trial/conviction); the allegation was unfounded by the command, meaning it was false or did not meet the elements/criteria of a domestic violence offense/incident; statute of limitations expired; the subject was separated for reasons other than direct result of the DVI (includes discharge, transfer to Fleet Reserve, and retirement), died or deserted; evidence was insufficient either to prefer or refer charges at any forum to include NJP; or the victim declined or refused to cooperate with the investigation or prosecution. The specific action under other category shall be documented. 3. Commander Navy Installations Command (CNIC) responsibilities. CNIC shall: a. Direct the installation Family Advocacy Clinical Case Staff meeting to review all FY-15 DVIs and assign a severity level using Department of Defense Maltreatment Severity Codes. Incidents that meet DVIC-CCA reporting criteria above shall be reported to the parent command of the service member and recorded in the Navy Central Registry. b. Forward FY-15 Navy Central Registry reportable incident data to OPNAV N170 quarterly (15 January, 15 April, 15 July, 15 October) and final report no later than 10 November 2015. At minimum, data shall include: (1) Command Name (2) Command Primary UIC (3) Incident Report Date (4) Category of Abuse/Severity (5) Name of Service Member Offender 4. Echelon II responsibilities. Echelon II commanders are authorized to issue additional reporting guidance to their subordinate commands. When Echelon II commanders issue additional CCA reporting guidance, commanders shall comply with Echelon II guidance. Echelon II commanders shall be responsible for ensuring all CCA reports received are forwarded to OPNAV N170 using the procedures below. 5. Commander responsibilities. In the absence of additional reporting guidance from Echelon II, commanders shall: a. Report completed command actions for incidents occurring on or after 1 October 2014 via encrypted e-mail to DVIC_CCA(at)navy.mil no later than 5 days after the command action is complete or within 30 days of receipt of this message for already completed actions. Command actions are complete per paragraphs 2.b.(1) through 2.b.(4). The report shall include: (1) Command Name (2) Command Primary UIC (3) Incident Report Date (4) Category of Abuse/Severity (5) Name of Service Member Offender (6) Consequent Command Action (7) Command Point of Contact Information b. After 30 September 2015, commanders shall provide a status report on all pending FY-15 incidents no later than 10 November 2015. 6. OPNAV N17 responsibilities. a. OPNAV N17 will coordinate with Echelon II point of contacts to recover any delinquent reports. b. OPNAV N17 shall prepare and submit the FY-15 DVIC-CCA report to Assistant Secretary of the Navy (Manpower and Reserve Affairs) no later than 10 February 2016. Subsequent fiscal year DVIC-CCA inputs and reports will be made on a timeline similar to that identified for FY-15. 7. Point of contact is Mrs. Sonia Smith, OPNAV FAP Manager, at (901) 874- 4355 or via e-mail at sonia.smith(at)navy.mil. 8. This NAVADMIN will remain in effect until superseded or canceled, whichever occurs first. 9. Released by Vice Admiral W. F. Moran, N1.// BT #0001 NNNN UNCLASSIFIED//