On June 11, the commandant of the Coast Guard testified at a hearing before the Permanent Subcommittee on Investigations of the Committee on Homeland Security and Governmental Affairs in the United States Senate. Given the scope of the issues discussed at the hearing, several points would benefit from further clarity. The article below provides some key information to answer questions you may have about the Coast Guard actions and policies discussed at the hearing.
Directed actions of the commander
Through the Commandant’s Directed Actions issued last November, Coast Guard leadership is deeply focused on moving the Service forward and ensuring the workplace climate that all of our members expect and deserve. A workplace intolerant of harm. Of the 33 actions directed by the Commander following the accountability and transparency review, nearly half have already been completed.
Vice Admiral Peter Gautier and Coast Guard Deputy Chief Petty Officer Jahmal Pereira recently shared an update on actions completed and those still underway. Here are some highlights:
- The Safe to Report policy ensures that victims and bystanders who report sexual assault will not be penalized for collateral misconduct. This policy eliminates an important barrier to reporting.
- Those found to have committed sexual assault or harassment are now mandatorily processed for separation with a discharge no higher than “general”.
- The policy regarding Retired Grade Determinations (RGD) was updated to clarify the authority to reopen an RGD after an officer’s retirement. The new policy lists the factors that trigger an RGD. Proven cases of sexual assault or harassment are one of the factors that can trigger an RGD.
- All members of senior leadership attended a Strengthening Service Culture Summit to understand the neuroscience of trauma and hear from victims.
- Victims can now be present or give a statement during administrative separation proceedings regarding their sexual assault or sexual harassment (SA/SH).
- Numerous updates to the SA/SH reporting and Coast Guard cadet conduct system have been made at the Coast Guard Academy.
These actions are critical steps in the Coast Guard’s ongoing campaign to strengthen our culture, become intolerant of harmful behavior, and ensure accountability and transparency. The following highlights provide additional details about the Coast Guard’s ongoing commitment to support victims and ensure conclusive investigations.
Providing support to victims
We will ensure that every victim get the support they need and deserve.
- Form CG 6095, entitled “Victim Reporting Preference Statement” is the form that allows the victim to choose whether to make a limited or unlimited report.
- This form is not required from the Department of Veterans Affairs (VA) to file a Military Sexual Trauma (MST) claim. VA accepts many types of documentation when asking an applicant to demonstrate that they have been a victim of MST. The CG-6095 is a document that can be submitted as part of the information needed to prove that the applicant is eligible for MST care.
- Coast Guard members who wish to submit a CG-6095 or obtain a copy of a previously issued CG-6095 may do so by contacting the Sexual Assault Response Coordinator (SARC) or Victim Advocate Program Specialist (VAPS). Former Coast Guard members can also contact a local SARC or VAPS for assistance.
- Victims do not need to have reported MST at the time the incident occurred, have a CG-6095, or have other evidence that the incident occurred.o seek care from the VA.
- While DHS OIG continues its investigation, victims do not have to wait for the investigation to be completed to receive a CG-6095 if they previously filed a report and did not receive the form. To request the form, victims can contact their local SARC and VAPS.
- There is no need to discuss or disclose your MST experience when you register with the Department of Veterans Affairs. Simply ask to meet with a VA health care professional for a clinical evaluation.
- MST-related services are available to most veterans, including those who received a discharge other than honorable or served less than two years. Standard length of service requirements do not apply to eligibility for MST-related care, and some individuals may be able to receive MST-related care even if they are not eligible for other VA care. Service connection (ie, a VA disability rating) is not necessary.
- All Area Command cutters, 225 WLM and CGC Mackinaw are required to have at least one trained, credentialed and designated volunteer casualty advocate on board when deployed.
- Homeland Security Cutters and Polar Security Cutters, and the CGC Eagle (when deployed with training), must have two trained, certified and assigned volunteer Casualty Advocates on board.
- Commands with more than 20 personnel assigned to a Tricare Prime remote service area must have at least one trained, credentialed and designated volunteer victim advocate.
- Members of the command staff Can not serve as defenders of the victims. If a command is unable to meet the above requirements, they are required to notify their superior in the chain, but they do not become a Victim Advocate by default.
DHS Office of Inspector General (OIG) investigation.
Independent review of Operation Fouled Anchor (OFA) and sexual assault allegations is critical to ensure full accountability.
- The DHS Office of Inspector General (OIG) is investigating CG’s handling of Operation Fouled Anchor (OFA), including the failure to disclose OFA to Congress and whether any laws or policies were violated. The current DHS OIG investigation into MKO was requested by Congress. The Coast Guard has cooperated fully with the OIG in providing the requested information.
- The Coast Guard is forbidden from taking actions that would interfere with the DHS OIG investigation, which includes the initiation of our own internal investigation.
- The Coast Guard Investigative Service (CGIS) continues to investigate all criminal allegations of sexual misconduct that are not part of Operation Fouled Anchor and is coordinating closely with the DHS OIG to deconflict any overlap between investigations.
- The DHS OIG will make the final determination on the release and distribution of its final report, including whether to share with the Coast Guard. As such, the Coast Guard does not control who the report will be shared with.
- Part of the DHS OIG’s investigation is to determine whether any laws or policies have been violated. Until this report is released, the Coast Guard cannot make independent determinations as to whether criminal misconduct has occurred.
Freedom of Information Act (FOIA) and Data Requests
Registration requests are subject to a number of federal laws and policies to ensure the due process and privacy that all of our members are entitled to.
- The Coast Guard processes requests for information in accordance with the Freedom of Information Act (FOIA) and the Privacy Act of 1974. The Coast Guard must follow these laws when responding to requests for information from victims and others.
- Victims may receive their personnel data In every time. These records will not be edited.
- When a sexual assault victim requests administrative or criminal investigative records related to their case, after the case is closed and the trial is final, they are generally able to obtain the records through the FOIA and Privacy Act request process. Records may contain some level of redaction, to comply with Privacy Act exceptions and to protect the privacy interests of others named in the records.
- The vast majority of redactions made to documents provided to Congress were to protect the personal privacy of individuals, including those mentioned in the CGIS reports. This is law enforcement data, so it contains graphic details of sexual assaults and other crimes. They also contain the names of victims, witnesses, agents and subjects against whom the charges were not proven. There are also details related to medical treatment, mental health conditions and other personal matters.
Resources for victims of sexual assault or harassment
- The DoD Safe Helpline Chat Room provides a safe space for victims and serves as a resource for healing.
- The US Department of Veterans Affairs offers free treatment for any physical or mental health condition related to Military Sexual Trauma (MST) experiences.
- Limited or unlimited reports can be made to SARC, VAPS, VVA and health care professionals and they can help connect you to support services. You can find your local SARC and VAPS here.
- Unlimited reports can also be made to anyone in a member’s chain of command or directly to CGIS. Contact information for CGIS regional offices can be found here, or you can call (202) 372-3000. You can also submit a report online.
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