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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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