The Case of CDR Benjamin Strickland, Full Color Edition

General David Petraeus, a 4-star general with over 37 years in the military, was the most senior officer to be prosecuted during the politically correct era. He was just one of many distinguished senior officers to be purged from all branches of the military services during that period. Commander Benjamin Strickland, U S Coast Guard was caught in this web of insanity.  This is a purge.

Consider the Case of CDR Benjamin Strickland.
To this day the list continues to grow.The Unrestricted Coast Guard Chronicles (UCGC) are a series of bio epics of interesting and sometimes strange events in the lives of Coast Guard personnel. This is the Case of CDR Benjamin Strickland.
This is a must read for all right thinking Americans, and people of goodwill everywhere.
 Sales of NEW BOOK began July 7, 2015. Send check or money order for $27.00, includes shipping and handling to: Steverson Books, Box 606, Haymarket, VA. 20168. 
Get the full story. The Case of Commander Benjamin Strickland, 114 pages. All pictures are full color. Many distinguished senior officers are being purged from all branches of the military services. To this day the list continues to grow.

On June 26, 2015 Commander Benjamin F. Strickland departed on Terminal Leave pending Retirement from the U. S. Coast Guard. This Unrestricted Coast Guard Chronicle (Volume 01, Number 01) was designed to coincide with that date. 

He will not be forgotten. His name will live on in the Chronicles of Coast Guard History. His story will forever be told around the Forecastle, at the camp fires, and in the restaurants and bars where retired service members gather to reminisce about life in the Nation’s oldest continuous seagoing armed force, the U. S. Coast Guard. 

His brilliant and distinguished career was brought to an abrupt halt for no explicable or rational reason, except that he did his job as he was required to do it. In doing so he became a victim.

No good deed goes unpunished. This means that life is unfair and people can do or try to do good things and still end up in a lot of trouble. Bad things happen to good people.  

Terrible and unexpected things happened to CDR Strickland.

. Power was misused; discretion was abused; authority was exceeded; rights were trampled; resources were mismanaged; and, our posterity has been neglected. 

We are at the mercy of the powers that be, and they appear to be devoid of all mercy. Heaven help us; and, God Bless America.

This is BIG! This is historical. This is a Case of First Impression. Maybe this is not the first time something like this has happened in the Coast Guard; but, this is the first time it has been thoroughly documented. This Case and this Book are the result of hundreds of man-hours of research, eye witness interviews, and analysis. The actual players in this tragedy were painstakingly interviewed and interviewed again. The facts were checked and re-checked. The facts are absolutely accurate and indisputable. The Time Line is accurate right down to the day, the minute and hour.
Two people can understand and analyze the same facts and come to different conclusions. We are all different in some ways. We are what we were then and when and where our characters and personalities were shaped; BUT, we cannot dispute the FACTS.
You are entitled to your own opinion, but you are not entitled to your own facts. The Facts are absolute. They are black or white; they cannot be a dirty shade of grey. Not one shade , nor fifty shades of grey.
This is a piece of living history. What price can you put on History? We are living in History, at a pivotal moment in history. Owning this book, is like taking a "selfie" in the Flow Of Living History. Imagine being able to capture yourself at The March on Washington, The Collapse of the Berlin Wall, at The WTC on 9/11, or some other historic event that took on epic proportions as time went by.
How would you be able to describe it to your children and get the facts right? How else would you be able to set the stage and get the passions and the emotions just right to explain and to understand what was happening in the country and the world at this crucial time in our history?
This Book captures it. It hits the nail right on the head. It nails it dead center. There has never been a Ben Strickland in the Coast Guard Officer Corps, and there will never be again. What happened here will probably never again be repeated, partially because it was recorded and exposed. Just like the first time a Coast Guard Academy cadet was court-martialed (Cadet Webster Smith). It too will never happen again. The book about that case exposed the fallacy, and the stupidity, and the utter futility of it.
The Case of CDR Benjamin Strickland will go down in history as being one of a kind, unique. The story will be told again and again. Rumors will abound. People will embellish. But, if you have the book, you have the facts, the Truth, the piece of living History. It is eternal. It will live in infamy. How can you put a price on that?

Board For The Correction Of Military Records

 

http://jpp.whs.mil/Public/docs/07-RFI/Set_3/Responses/Q80_Responses_20150513.pdf
NOTE: The following questions and ANSWERs apply only to the USCG. For the answers that apply to the USA, USAF, USN, and the USMC see the link above.
JUDICIAL PROCEEDINGS PANEL
REQUEST FOR INFORMATION SET # 3
47
80.
Board of Correction of Military Records (BCMRs)
–
a. How have BCMRs typically handled applications that specifically contain
requests for relief from retaliation for making a protected communication?
(Answer)The Chair of the BCMR has met with personnel in the Office of the Inspector
General to ensure they are aware of the BCMR as an avenue of redress, but the
BCMR has not received a whistleblower case from the Coast Guard in several years. The BCMR has specific regulations for handling such whistleblower cases at 33 CFR part 53.
b.Are there any additional considerations given if an applicant states or
provides evidence that he/she has been a victim of sexual assault in the
military?
(Answer)If the Board received such an application, it
would consider the recent Medical
Guidance about PTSD issued by DoD for the correction boards on September 3,
2014.
c.What considerations are given when applicants note they filed a sexual
assault report, admittedly engaged in collateral or subsequent misconduct, and the command’s adverse action was unfair or an injustice (i.e., a request
to change an involuntary administrative discharge to a medical discharge)?
If those cases are not treated as retaliatory claims, please explain how
BCMRs distinguish those record corrections requests which may imply a
causal connection to the sexual assault from those that specifically state the
action was in reprisal to filing a report.
(Answer)The BCMR does not receive enough sexual assault cases to generalize (fewer than one per year on average), but the Board normally treats an implication of reprisal the same as an outright allegation of reprisal.
d.What procedures have been developed with DOD IG and/or the Service IGs
to help expedited the procedures for victims whose retaliation claims have
been substantiated? How does the BCMR coordinate cases with the DOD
and Service IGs?
(Answer) The Chair of the BCMR has met with personnel in the Office of the Inspector General to ensure theyare aware of the BCMR as an avenue of redress, but the BCMR has not received such a whistleblower case in several years.
e.Have the Services’ BCMRs established a separate procedure for sexual
assault victims challenging their discharge as required by FY14NDAA section 547?
If so, please describe that confidential process.
(Answer) The BCMR has a staff of three, and all BCMR cases are handled confidentially and on a need-to-know basis. In light of section 547, BCMR decisions in sexual assault cases will no longer be posted online.
f.What steps are BCMRs taking to give due consideration to the psychological
and physical aspects of an individual’s experience in connection with the sex-related offense and determining what bearing such experience may have had
on the circumstances surrounding the individual’s discharge or separation
from the Armed Forces as required by FY15 NDAA 547?
(Answer) When the BCMR receives an application from a victim of sexual assault, it will take into consideration DoD’s new Medical Guidance about PTSD, and if the applicant received mental health treatment while in the Service, the Coast Guard’s advisory opinion for the case will contain the opinion of a psychologist or psychiatrist, in accordance with section 521 of the FY15 NDAA.

The Case of Cadet Webster Smith, Another American Tragedy

The Webster Smith Case produced a mountain of paper work. A Task Force Report was generated, and a Commandant Instruction 1754.10C, was promulgated. The Commandant Instruction is entitled  The Sexual Assault Prevention and Response Program. 
The Report, is entitled U. S. Coast Guard Academy Comprehensive Climate and Culture Optimization Review Effort. It is a commendable snapshot of the Coast Guard Academy culture. The entire 276 page Report can be found at
https://www.uscg.mil/foia/taskforce/Appendix.Release.pdf
U. S. Coast Guard COMMANDANT INSTRUCTION 1754.10C  (The Sexual Assault Prevention and Response Program) has been promulgated. The purpose of the program is to establish policy and prescribe procedures for the Coast Guard Sexual Assault Prevention and Response Program (SAPRP). The ultimate purpose of this program is to build a culture of prevention, sensitive response and accountability in keeping with the Coast Guard’s values of honor, respect, and devotion to duty.

The Court-martial Of Cadet Webster Smith.

The Webster Smith case was a litmus test for justice in America. Every once in a while a case comes along that puts our humanity as a people, and as Americans, on trial. Everything that we profess to stand for as Americans was on trial. Our sense of Justice in America and particularly in the U. S. Military was on trial. This was no ordinary trial. Our humanity was on trial. Our system of justice was on trial. This case dissolved the deceptive façade and exposed certain moral deficiencies in our system of justice.
 http://www.amazon.com/Judge-London-Steverson/e/B006WQKFJM

On Dec. 4, 2005 an officer on duty at the United States Coast Guard Academy (USCGA) received an allegation of sexual misconduct from a cadet, setting off an inquiry by the Coast Guard Investigative Services (CGIS), based in Washington, D.C..
The commandant of cadets, Captain Douglas Wisniewski, took immediate action to initiate the investigation into these allegations.
Sexual misconduct at the USCGA is defined as "acts that disgrace or bring discredit on the Coast Guard or Coast Guard Academy and are sexual in nature,  including lewd or lascivious acts, indecent exposure or homosexual conduct."

But the definition also includes consensual acts that are prohibited on Academy grounds, such as holding hands, kissing in public or having sex.

Cadet First Class Webster Smith was charged with sexually assaulting six female cadets in Chase Hall, the cadet living quarters at the United States Coast Guard Academy, and in other locations.

An Article 32 Investigation was convened on March 21, 2006 to determine whether there was probable cause to convene a court-martial to prosecute the charges. The Investigating Officer received the testimony of seven female cadets who accused Cadet Smith of assaulting them between May and November 2005.
The USCGA Superintendent, Admiral James Van Sice, decided to refer the charges against Cadet Smith to a General Court-martial. In his opening statement to the Jury Panel on June 26, 2006 the prosecutor described Cadet Smith as a manipulative senior who preyed on lonely women.

Cadet  Smith of Houston, Texas pleaded not guilty in the first court-martial of a cadet in Coast Guard Academy history. The charges ranged from rape, sodomy, and extortion to assault of the female cadets.

Cadet Smith was tried before a jury panel of Coast Guard officers including four white men, one white woman, three Black men and a man of Asian descent. The senior member was a captain with command experience. There were no cadets on the panel. Since there were no cadets on the jury panel, it can truly be asked whether he was afforded a jury of his peers. Were the best qualified members appointed to the panel, as the Manual For Courts-martial (MCM) and UCMJ mandate?

The Uniform Code of Military Justice (UCMJ), (10 USC sec.801 et seq.) supplemented by the Manual For Courts-martial (MCM) provides guidance for a commander empowered to convene a court-martial. The UCMJ and the MCM both contain the following sentence:

  "When convening a court-martial the convening authority shall detail as members thereof, such members of the armed forces as, in his opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament". (UCMJ Art. 25(d)(2).

     I have made this or a similar argument many times while defending service members in courts-martial. None of the members of Webster Smith's jury panel had been a cadet at the USCGA while female cadets were living in Chase Hall. Only one had ever attended the USCGA; none had socialized with female cadet; none had attended cadet athletic parties; none had read the cadet regulations; none had counseled a cadet concerning sexual assault; none had first-hand experience with the four class system; none had indoctrinated female cadets; and none had ever had a girl friend who was the first female brigade commander, who got pregnant, had an abortion, and continued to date the putative father for another six months before she was counseled by Coast Guard lawyers that she might have been raped at some point during her 18 month relationship with the accused in this court-martial.

    If, at least, one cadet had been on that jury, he could have explained to the members during deliberations many of the things that they were completely ignorant of. I contend that the jury did not have a clue as to what living conditions were like in Chase Hall, nor did they know what the social environment was like between Black male upper-class cadets and white female cadets in any of the four classes.

   That being the case, the jury was not composed of the best qualified people available in accordance with the UCMJ and Art 25(d)(2).

On June 28, 2006 after about eight hours of deliberation, the panel found Cadet Webster Smith guilty of indecent assault, extortion in exchange for sexual favors and sodomy, which in military parlance includes oral sex. All those charges involved one of the four accusers.

Cadet Smith was sentenced to be separated form the service and to spend six months in jail at a Navy brig.

This was not a rape case. Many senior Coast Guard officers tried to portray it as such. Webster Smith was not and is not a rapist. The court-martial, with all of its faults, proved that this was not a rape case.

Neither was Webster Smith a sexual predator as he was called. He simply refused to stay on his side of the color-line. Someone felt that a message had to be sent; a lesson had to be taught. Just as East is East and West is West, and never the twain shall meet; the Coast Guard Academy was not going to become a breeding ground for miscegenation.

The U.S. Supreme Court refused to hear the appeal of the conviction  of Webster Smith, the only Coast Guard Academy cadet ever  court-martialed.

Smith had sought a Supreme Court review based largely on the argument  that he had not been able to question the credibility of one of his  accusers, known only as Cadet SR.

Smith’s attorneys wanted a chance to question the female cadet  because, according to a legal brief, she had lied about the consensual  nature of a previous sexual encounter with an enlisted man, contrary to  Coast Guard rules and possibly jeopardizing her military career. The  female cadet claimed Smith used knowledge of her previous dalliance to  extort sexual favors from her.

“The defense maintained that the two cadets’ sexual encounter was  consensual and that SR was fabricating her accusations because the  encounter occurred in Chase Hall, the Academy dormitory, where sexual  activity is prohibited by cadet regulations,” according to a brief in  the case.

The Court of Appeals for the Armed Forces' (CAAF) minority opinion, including Chief Judge C.J. Effron, agreed that  Smith’s attorneys should have been allowed to question the female cadet.  In a dissenting opinion, they said Smith’s “allegation that SR had  previously lied about a sexual encounter” was relevant to the case.

 Why was Cadet 1st Class Webster Smith investigated, charged, tried, and convicted? Why must this talented young man register as a sexual offender for the remainder of his life? Why did he not find any justice in the military justice system? How could his case go through the entire appeal's process and end up at the United States Supreme Court without being granted any relief? Why would Janet Napolitano, Secretary of Homeland Security refuse to grant clemency in a case that clearly cries out for justice?

 At this point in history when America had come far enough to elect a Black President why was this shining example of the best and the brightest of the African Americans of his generation denied the equal protection of the law? Why was he relegated to the second rail of military justice? On the second rail one receives "almost equal protection".  Like much else in the law, equal protection is a myth for America's citizens of color. The myth gives one the illusion of fairness.

Could the answer have anything to do with the nature of the criminal justice system or the definition of crime?  Crime is a legal concept, and the law creates the crimes it punishes. But, what creates the criminal law?  Behind the law, above it, and surrounding it is our society. Before the law made certain behavior a crime, some aspect of social reality transformed certain behavior into a crime.

Justice is blind in the abstract. It cannot see or act on its own. It cannot create its own morals, principles and rules. That depends on society. Behind every legal determination of "guilty" lies a more powerful and more basic social and societal judgement, a judgement that this type of behavior is not acceptable. This type of behavior deserves to be prohibited and punished. Our society has long chosen to prohibit and punish interracial sex.

After society makes a social judgement that certain behavior, acts, or conduct is wrong, the criminal justice system goes to work. It refines and transforms the list of prohibited acts and behavior. It interprets the list of acts, and does whatever is necessary to catch, convict and punish the lawbreakers.

Bias is inevitable. Crime and punishment are highly charged, emotional, and political subjects. There is no way to wring prejudice, attitude, or race out of the system.

 The Webster Smith Story Is An American Tragedy.

The Webster Smith Story is an American tragedy. It is not just the story of a Black Coast Guard Academy cadet; it is the story of an American family. It is the story of his mother, Belinda; and his father, Cleon; his wife, Lindsey and their daughter; and of his sister and brothers. It is the story of the friends of Webster Smith. They have all been harmed by the violence directed at their son, brother, husband, father and friend.

At the Coast Guard Academy, Webster Smith was a member of the Eclipse, Track Team, Football team, Regimental Staff, and a Swab summer Staff. He represented the Coast Guard in Washington DC concerning fitness and nutrition programs. He received numerous silver stars and never received a demerit prior the incident and investigation in 2005 that led to his court-martial.

To his classmates, teachers, and coaches Webster Smith appeared to be a magnetic, charming and gifted man, who had risen above his circumstances. Yet, in a moment, as if in the twinkling of an eye, a swift series of events diminished his popularity, vilified his name, and assailed his honor. His image was converted by senior Coast Guard officers from a popular athlete and nice guy to that of a sexual predator and public enemy number one at the Coast Guard Academy.

Webster Smith had dared to dream some big dreams. Like Alex Haley he had dared to believe that he could rise in the USCG to the highest level to which his talents and initiative could take him.

His parents were middle class African Americans. His father, Cleon Smith, was a graduate of the Coast Guard Academy in the Class of 1978 along with Vice Admiral Manson K. Brown.

His mother, Belinda Ingram Smith, believed in God and a good education. After attending college at WSSU for four years she went on to become the first Black female Crime Scene Investigator in the history of the Winston-Salem police Department.

This unbelievable turn about in what had been a Black success story is a singularly American tragedy.

That a cadet so deeply respected and loved by his coaches and classmates could evoke such an outpouring of hate and anger from the senior officers at the Coast Guard Academy is a Coast Guard tragedy and an American tragedy.

All of the female cadets involved with and associated with Webster Smith escaped clean without any consequences for their actions or their behavior. Mother Nature was the only one who exacted a penalty. Natural Law resulted in a pregnancy for his girlfriend. An abortion followed.

If women are equal, they should be treated as equal. Not a single woman was disciplined under the UCMJ or the cadet regulations. All of the female cadets involved in the Webster Smith case graduated and were commissioned as Coast Guard officers. Their testimony at the court-martial painted a picture of female cadets who were untrustworthy, arrogant, and certainly not ladies. Their conduct was unbecoming an officer and a lady. (Read more at http://www.amazon.com/Judge-London-Steverson/e/B006WQKFJM)



These women were witnesses at a public trial yet they were accorded the equivalent of rape shield protection. This was not a rape case. Not one of the women had been raped. There was testimony of consensual sex acts. Some of the consensual sex acts were unlawful because, among other things, they occurred in Chase Hall, or at Academy functions. How could unlawful consensual sex acts result in charges against only one of the participants? It takes two to tango.

Is it wrong for Black people to ask if there is a double standard? Would that amount to paranoia on the part of Black people? Or would that be considered playing the race card simply to inquire? Is it absurd to believe that anything more than pure chance resulted in the court-martial of Webster Smith? The fact that he was court-martialed speaks to a social reality that African-Americans are acutely aware of in America. Race is not a card to be dealt, but it determines whom the dealer is and who gets dealt a losing hand.

According to a 2008 General Accounting Office Report, from 2003 to 2006 there were NO sexual-harassment complaints at the Coast Guard Academy, but there were 12 incidents of sexual assault reported to the Coast Guard Investigative Service (CGIS), with one incident in 2003, one in 2004, “NONE” in 2005 and 10 in 2006. It is hard to conceive of the facts relied upon by, Captain Douglas Wisniewski, the Commandant Of Cadets when he asserted in 2005 that there was a climate of fear of sexual assault in Chase Hall.

The 10 incidents reported in 2006 would appear to have occurred after the Webster Smith court-martial. Webster Smith was removed from Chase Hall in 2005. Who was doing all of the sexual assaulting in 2006? Why were none of these people brought to justice? They could have been tried along with Webster Smith.

The U.S. Supreme Court refused to hear the appeal of Webster Smith. The justices declined to hear the case without comment. The decision of the Court of Appeals for the Armed Forces (CAAF) became the final decision in the case.

Thirteen female cadets and 11 males at the U.S. Coast Guard Academy (CGA) reported anonymously in an April 2008 survey that they experienced “unwanted sexual contact,” ranging from touching to forced sexual acts, during the 2007-08 school year.

More than three-quarters said that alcohol or drugs were involved and that the offender was a fellow cadet.
None of the women sought professional help and only 7 percent discussed the incident with authorities.

When Alexander Hamilton organized the Revenue Cutter Service in 1790 it was established in the Department of the Treasury. Later it became known as the Coast Guard. In 1966 it was placed in the Department of Transportation. Today it is the nucleus of the Department of Homeland Security. Webster Smith's case is currently being reviewed for clemency by the Secretary of the Department of Home Land Security, Janet Napolitano.

Webster Smith would have made an excellent military officer. It is Webster Smith and people like him that I want on the wall as our last line of defense for our American way of life protecting us from the great unwashed horde that is coming. Secretary Napolitano who do you want on that wall?

When the Supreme Court rejected Smith’s petition seeking a  hearing on the case, it effectively made the CAAF’s  decision the final decision in the case.
 (By USALJ-ret. )

 https://www.facebook.com/pages/Conduct-Unbecoming-an-Officer-and-a-Lady/168766543180162?notif_t=page_new_likes

COMMANDANT INSTRUCTION 1754.10C Re: Coast Guard Sexual Assault Prevention and Response Program (SAPRP)

U. S. Coast Guard COMMANDANT INSTRUCTION 1754.10C has been promulgated:

PURPOSE: To establish policy and prescribe procedures for the Coast Guard Sexual Assault Prevention and Response Program (SAPRP). The ultimate purpose of this program is to build a culture of prevention, sensitive response and accountability in keeping with the Coast Guard’s values of honor, respect, and devotion to duty.


ACTION: Area, district, and sector commanders, commanders of maintenance and logistics commands, commanding officers of integrated support commands, commanding officers of headquarters units, assistant commandants for directorates, Judge Advocate General and special staff elements at Headquarters shall ensure compliance with the provisions of this Instruction. Internet release authorized.


a. This Instruction applies when sexual assault is reported or alleged and a Coast Guard active duty member, Coast Guard Reserve member on active duty or in a drill status, civilian employee, or dependent is the victim or accused and the incident occurs on Coast Guard controlled property. It also applies when sexual assault is reported or alleged and a Coast Guard active duty member or Coast Guard Reserve member on active duty or in a drill status is the victim or accused and the incident occurs off Coast Guard controlled property.

b. Total compliance with the requirements of this instruction will be challenging and, in some cases impossible, as circumstances beyond Coast Guard control will limit what can be done. Nonetheless, reasonable efforts shall be made to provide all covered victims the same response procedures and applicable reporting options described in this Instruction.


d. The Superintendent of the Coast Guard Academy may supplement the procedures in this Instruction to effectively use the unique support and counseling resources available at the Academy in cases involving cadets and officer candidates. All incidents must be reported to Commandant (CG-1112) per paragraphs 8.i.(2).b. and 8.i.(2).d. All incidents where victims choose unrestricted reporting must be immediately reported to the Coast Guard Investigative Service.

e. The restricted reporting option is available to those sexual assault victims who are Coast Guard members assaulted while in an active duty status. This includes members of the Coast Guard Reserve component when they are performing active duty training, or are in Title 10 (regular active duty) or Title 14 (emergency augmentation) status, or while in an inactive duty for training status. (Note: legislative and notice of eligibility procedural changes are needed to ensure that reservists can receive all needed services and still request restricted reporting. These issues are being worked. Future guidance will be provided when needed changes are in place.)

f. This Instruction supersedes all regulatory and policy guidance that is inconsistent with this Instruction, including references (a) through (d), not expressly mandated by law.



g. Reference (e) provides policies and procedures for reporting sexual abuse incidents occurring between family members or committed by caregivers and should be followed in those situations.

h. Any questions about the applicability of this Instruction should be directed to the cognizant Integrated Support Command/Headquarters Support Command Work-Life staff, or Commandant (CG-1112).



a. The Coast Guard is committed to ensuring victims of sexual assault are protected, treated with dignity and respect, and provided appropriate ongoing support. In addition, the Coast Guard is dedicated to ensuring that persons who commit crimes are held accountable. To achieve these dual objectives, the Coast Guard is adopting new policies that provide victims with more choices. The Coast Guard prefers unrestricted (complete reporting) of sexual assaults to activate both victims’ services and accountability actions but recognizes that unrestricted (complete reporting) represents a barrier for some victims in accessing needed services. Therefore, the Coast Guard now provides an option for restricted (confidential) reporting which does not activate the official investigatory process until/unless the victim chooses to request this option.

b. Commanding Officers have a responsibility to ensure community safety and due process of law, but they must also recognize the importance of protecting the privacy of victims under their command. Subject matter experts agree that a reporting system which promotes privacy and confidentiality for victims can have a positive impact that encourages victims to provide information about the assault.

c. Coast Guard members who are sexually assaulted now have the following reporting options: unrestricted and restricted reporting.

(1) Unrestricted Reporting. A service member who is sexually assaulted and desires medical treatment, counseling, and an official investigation of his or her allegation can report the matter using official reporting channels, e.g., Duty Watchstander, Supervisor, or the Chain of Command. Once a Coast Guard official receives a report that a sexual assault has occurred, the Coast Guard Investigative Service (CGIS) must be notified immediately. Use of the unrestricted reporting option is encouraged as it provides for immediate formal investigation by trained criminal investigators as well as the full range of protections to the victim including Military Protection Orders (MPO) and other police and command protective actions. It is the only option that can lead to offenders being held accountable and stopped from reoffending. Once notified of an allegation, CGIS has sole responsibility for the investigation. Commands are prohibited from taking any formal or informal investigative action, to include preliminary inquiry or interview of alleged victims, suspects or witnesses regarding the assault.

(2) Restricted Reporting. Restricted reporting allows a sexual assault victim to confidentially disclose the details of his or her assault to specific categories of individuals and receive medical treatment and counseling without triggering the official Coast Guard investigative process and notification of the victim’s command. Service members who are sexually assaulted and desire restricted reporting under this policy should report the assault only to an Employee Assistance Program Coordinator (EAPC), a Victim Support Person (VSP), or a DoD or Coast Guard Healthcare Provider (HCP). Cadets or Officer Candidates at the Coast Guard Academy may also report to those individuals listed in the Superintendent’s Instruction including Cadet Counselors, Academy Chaplains, and members of Cadets Against Sexual Assault (CASA). Service members who initially elect the restricted reporting option can, within 12 months of their initial confidential report of the assault, elect to pursue unrestricted reporting, which will result in initiation of a formal investigation by CGIS and afford the victim the full range of protections, including Military Protection Orders (MPO) and other police and command protective actions.

(a) Restricted reporting may not be an option if:

1. The member is assigned to an afloat unit and is underway and/or in a port other than their homeport at the time the assault is reported. However, restricted reporting may be available to victims who initially report to a military treatment facility (MTF) ashore, regardless of where the assault occurred; and restricted reporting may be an option if reported while assigned to a Coast Guard vessel with a Medical Officer aboard.

2. State law mandates that a report be made to the police agency that has jurisdiction where the assault occurred or was reported. In such jurisdictions the victim may be questioned by the police who may pursue the investigation and may notify CGIS regardless of the victim’s wishes. A description of applicable State Laws can be found at www.sapr.mil (click on Resources and go to bottom of page and click Civilian Rape Reporting Laws).

3. It is determined that the victim or other person(s) would otherwise remain in serious and imminent danger if the crime is not reported;

4. The victim is incapacitated or otherwise unable to make a competent decision;

5. The sexual assault was disclosed by a third party (someone other than an EAPC, HCP, VSP, or Chaplain) to another member either in the same command or another command. Third-party disclosures shall not by themselves rule out the possibility of restricted reporting when the incident is disclosed by the victim in the presence of a non-medical support person at a medical procedure.

(b) Normally, an HCP or EAPC, in consultation with the servicing legal office, can determine whether one of the “exceptions” to the third party disclosure rule has been met. Any privilege recognized under the Military Rules of Evidence will constitute an “exception” to the third party disclosure rule.

(c) If a victim reveals offenses in addition to the alleged sexual assault, that information will be subject to the same rules governing disclosure as the reported sexual assault.

(d) Unauthorized disclosures of restricted reporting may result in administrative or disciplinary action.

(e) The restricted reporting option does not create any actionable rights for the alleged offender or victim, nor does it constitute a grant of immunity for any actionable misconduct on the part of the victim.



(3) Report Made to a Chaplain. The policy on restricted reporting is in addition to the current protections afforded privileged communications with a Chaplain, and does not alter or affect those protections.

d. The purpose of the notification requirements described in this Instruction are to:

(1) Initiate the immediate official investigative process when appropriate;

(2) Document the initiation and progress of a victim’s case to ensure system accountability;

(3) Identify treatment options recommended to or preferred by the victim;

(4) Identify the final legal disposition; and

(5) Assist with identifying and managing trends, analyzing risk factors or circumstances, and taking action or making plans to eliminate or mitigate those risks as much as possible.

e. The purpose of the interventions described in this Instruction is to assist victims in tapping into their own natural resilience in recovering from the assault. In other words, to help “victims” become “survivors.”

6. DEFINITIONS. An extensive list of terms and definitions related to this Instruction is provided in enclosure (1).

7. PREVENTION. A command climate of prevention is enhanced by efforts to increase mutual respect and trust, efforts that highlight appreciation for diversity, and efforts to affirm the contributions of all personnel. Additionally, commands shall foster this climate by:

a. Emphasizing that sexual assault is a serious crime punishable under the Uniform Code of Military Justice (UCMJ) as well as under state and local criminal statutes.

b. Emphasizing that sexual assault violates the Coast Guard’s core values and that ultimately it destroys unit cohesion and the trust that is essential for mission success.

c. Reminding all members that appropriate action will be taken with all reported sexual assaults.

d. Emphasizing the potential legal consequences for those who are found guilty of such crimes.

e. Assessing the organization’s climate and responding with appropriate action toward any negative trends that may emerge.

f. Ensuring that all unit personnel receive annual sexual assault prevention training as required by this Instruction.

g. Handling all incidents per guidance in this Instruction.


d. Superintendent of the Coast Guard Academy shall:

(1) Ensure that all sexual assault incidents are reported to Commandant (CG-1112) using the Sexual Assault Incident Report Format in enclosure (3). Ensure that monthly updated reports are provided until services are no longer being provided and the case has been resolved. The case tracking number, as defined in this Instruction, is to be used to identify the case. No names are to be included in these reports. (No reports with names, or cross-reference list containing names, will be kept by Commandant (CG-1112)).

(2) Comply with the Commander’s Checklist for Unrestricted Reports of Sexual Assault, which is enclosure (4).

(3) Establish procedures to ensure the restricted reporting option and support services are available to all victims assigned to the Academy.

(4) Seek agreements with civilian medical facilities and local law enforcement agencies to retain and maximize victims' reporting options described in this Instruction.


PREVENTION. A command climate of prevention is enhanced by efforts to increase mutual respect and trust, efforts that highlight appreciation for diversity, and efforts to affirm the contributions of all personnel. Additionally, commands shall foster this climate by:

a. Emphasizing that sexual assault is a serious crime punishable under the Uniform Code of Military Justice (UCMJ) as well as under state and local criminal statutes.

b. Emphasizing that sexual assault violates the Coast Guard’s core values and that ultimately it destroys unit cohesion and the trust that is essential for mission success.

c. Reminding all members that appropriate action will be taken with all reported sexual assaults.

d. Emphasizing the potential legal consequences for those who are found guilty of such crimes.

e. Assessing the organization’s climate and responding with appropriate action toward any negative trends that may emerge.

f. Ensuring that all unit personnel receive annual sexual assault prevention training as required by this Instruction.

g. Handling all incidents per guidance in this Instruction.


KEY DUTIES AND RESPONSIBILITIES.

a. Commandant (CG-111) shall:

(1) Be responsible for oversight of policy and procedure implementation as described herein.

(2) Collaborate with Commanding Officers, Work-Life staff supervisors, and Coast Guard Medical personnel to ensure compliance with this Instruction.

(3) Monitor restricted reporting incidents, including tracking the locations and providing reports as appropriate. Names or other personal identifying information are not to be included in these reports and names shall not be included in the file names used for this report.

(4) Coordinate with CGIS and the Judge Advocate General’s Office of Military Justice (CG-0946) as needed.

b. Commandant (CG-1112) shall:

(1) Promulgate policy and guidance regarding the Coast Guard’s SAPRP.

(2) Provide periodic training on the requirements of this Instruction to field elements to ensure adequate and appropriate implementation.

(3) Establish a reporting system as required by this Instruction and create and evaluate quarterly statistical updates for training purposes and for monitoring the effectiveness of the SAPRP.

(4) Provide oversight of Quality Assurance review processes to ensure provision of quality services.

(5) Provide direct technical guidance to field staff, e.g., EAPCs, HCPs, etc., on the SAPRP.

c. CGIS Headquarters (CG-2-CGIS) shall:

(1) Ensure CGIS field units initiate and report formal criminal investigation of all alleged, suspected or actual incidents of rape or sexual assault reported to CGIS as an unrestricted report per CGIS policy and procedures.

(2) Ensure all CGIS field elements immediately notify the appropriate EAPC upon receipt of the initial report of an allegation of rape or sexual assault.

(3) Ensure all CGIS investigative personnel are trained on the requirements of this Instruction.

(4) Centrally manage the storage of evidence gathered in restricted reporting cases, to include Victim’s Sexual Assault Evidence Collection Kits, until the victim decides to initiate the official investigative process or until the one-year anniversary date of receipt of the evidence by CGIS Headquarters, whichever comes first. Enclosure (2) provides information on the management of evidence collected in restricted reporting cases.



(5) Liaison with external investigating law enforcement agencies in all cases as appropriate under this Instruction.

(6) Advise all victims that they have the option to have a VSP, or other support person of his/her choosing, present during any interview. If the victim requests a VSP, or other support person, ensure that reasonable efforts are made for that person to be present during any interview or medical procedure if this can be accomplished without unduly delaying the investigation.

(7) Coordinate the transfer of any evidence held in restricted reporting cases for laboratory analysis when the victim chooses the unrestricted reporting option.

(8) Report aggregate data on unrestricted reporting cases to the Director of the Department of Defense Sexual Assault Prevention and Response Office on a quarterly basis.

d. Superintendent of the Coast Guard Academy shall:

(1) Ensure that all sexual assault incidents are reported to Commandant (CG-1112) using the Sexual Assault Incident Report Format in enclosure (3). Ensure that monthly updated reports are provided until services are no longer being provided and the case has been resolved. The case tracking number, as defined in this Instruction, is to be used to identify the case. No names are to be included in these reports. (No reports with names, or cross-reference list containing names, will be kept by Commandant (CG-1112)).

(2) Comply with the Commander’s Checklist for Unrestricted Reports of Sexual Assault, which is enclosure (4).

(3) Establish procedures to ensure the restricted reporting option and support services are available to all victims assigned to the Academy.

(4) Seek agreements with civilian medical facilities and local law enforcement agencies to retain and maximize victims' reporting options described in this Instruction.

e. Commanders of Maintenance and Logistics Commands (MLC) shall:

(1) Conduct regular Quality Assurance reviews of EAPC performance to ensure compliance with this Instruction.

(2) Ensure that a Judge Advocate advises the victim and any witness(es) of their rights under the Victim Witness Assistance Program, per reference (a).

(3) Ensure all Coast Guard HCPs know the requirements of this Instruction. Of particular importance are those responsibilities in response to the victim immediately after a report is made. A collaborative approach with the EAPC, VSP and all HCPs is essential to meet the needs of the victim.



f. Command Chaplains shall:

(1) Provide and/or coordinate appropriate spiritual care and/or referral services, if requested by the victim.

(2) Participate appropriately in command climate stabilization responses.

(3) Ensure all chaplains receive mandatory annual training on implementation of this Instruction, which shall be provided or coordinated by the EAPC.

g. Commanding Officers (COs) and Officers-in-Charge (OINCs) shall:

(1) Comply with the Commander’s Checklist for Unrestricted Reports of Sexual Assault, which is enclosure (4).

(2) Provide information to the cognizant EAPC for the purpose of meeting the initial and monthly update requirements of paragraph 8.i.(2) of this Instruction. Commands must notify the EAPC of all reports of sexual assaults immediately after being informed of an allegation.

(3) Ensure completion of mandatory annual training on sexual assault prevention and the correct use of this Instruction by all unit personnel, both military and civilian, including assigned Coast Guard Chaplains and Public Health Service personnel detailed to the Coast Guard. The training must provide military personnel with an understanding of the reporting options available to them and the procedures used to ensure confidentiality.

(4) Ensure that all persons nominated to become VSPs are screened and recommended by the EAPC.

(5) Ensure that the competency/qualification code “VSP” is appropriately recorded per reference (f) for each Coast Guard member VSP, once certified as qualified by the EAPC.

(6) Provide support for the VSP, including reimbursement for travel expenses. Ensure that each supervisor of a VSP signs enclosure (5) and each VSP signs enclosure (6). VSPs provide emotional support and assistance to the victim per enclosure (7) and as directed by the EAPC.

(7) In cases involving unrestricted reporting consider not taking action on victim collateral misconduct until the final disposition of the sexual assault case.

(8) Recognize the consumption of alcohol by the victim, when discovered as a factor in an incident, as an alcohol-related situation vice an alcohol incident for administrative purposes and refer the victim for screening and treatment as appropriate. If the screening determines alcohol treatment is necessary, and the victim refuses or fails treatment, the use of alcohol may be considered an alcohol incident for administrative purposes.

(9) Consider the use of an MPO. In most cases it will be appropriate to bar the alleged offender from contact with the victim. In cases under investigation by CGIS, the use of an MPO shall



be coordinated with CGIS to ensure that any on-going investigative activity is not compromised or otherwise hampered.

(10) Consider reassignment of the victim. Reassignment of the victim is appropriate based on service need and when doing so is in the victim’s best interest and is consistent with his/her performance. In cases under investigation by CGIS, the use of reassignment for the victim shall be coordinated with CGIS to ensure that any on-going investigative activity is not compromised or otherwise hampered.

(11) Consider reassignment of the alleged offender when it is in the best interest of the victim and there is a service need. Reassignment of the alleged offender should only be used after consultation with the servicing legal office and Coast Guard Personnel Command. In cases under investigation by CGIS, the use of reassignment for the alleged offender shall be coordinated with CGIS to ensure that any on-going investigative activity is not compromised or otherwise hampered.

(12) Where applicable and to the extent possible, consider military, vice civilian, incarceration and prosecution of the alleged offender to protect the member’s family from immediate financial hardship. If the proposed initial law enforcement response is civilian incarceration and prosecution, recognize that this response option statutorily mandates that the member be placed in an absent without leave status, resulting in the immediate loss of all pay and benefits.

h. Work-Life Supervisors shall:

(1) Upon notification by the CO or OINC that an alleged rape or sexual assault has occurred, notify the EAPC as soon as possible, and confirm that CGIS has been notified in cases where the victim has elected unrestricted reporting.

(2) Be prepared to provide advice and guidance per this Instruction in the event the EAPC is not available.

(3) Ensure cross-training is provided to other appropriate Work-Life staff who may, in the absence of the EAPC, perform EAPC duties under this Instruction.

(4) Coordinate directly with the appropriate district Staff Judge Advocate to facilitate creation of agreements with civilian medical facilities to retain and maximize victim’s reporting options described in this Instruction.

i. EAPC Responsibilities:

(1) Victim.

(a) Explain the Victim Reporting Preference Statement Form, enclosure (8), to all active duty victims. The goal of this explanation is for victims to understand all reporting options available, including the limitations of restricted reporting, and to have an opportunity to declare their choice. Of particular concern is for the victim to understand



that the normal protections under unrestricted reporting, such as a military protection order, will not be available to them and that they may have continuing contact with the abuser. This form must be completed for all victims. This responsibility may be delegated to the VSP or Coast Guard HCP in those situations where the VSP or HCP see the victim first.

(b) Offer the services of a VSP, if available, and counseling services to the victim. The assigned VSP must be the same gender as the victim unless the victim agrees to a VSP of the opposite gender.

(c) Ensure that victims are informed of their rights under federal law, 18 USC § 3771(a). These rights are listed on page 2 of enclosure (8), the Victim Reporting Preference Statement Form.

(d) Explain to the victim any applicable State Law and associated investigatory practices in sexual assault cases that may require, despite the victim’s preference, reporting the offense to the local police department where the offense occurred, and that the police department may notify CGIS.

(e) In all cases, inform victim of their right to contact law enforcement authorities, including CGIS.

(f) Provide rape and sexual assault information handouts to victims and families.

(g) Provide case management to ensure the victim continues to receive appropriate services.

(h) Maintain records as necessary to identify victims and track services provided. This includes maintaining a victim-specific file with a contact log that records each contact made with the victim or on behalf of the victim. The signed copy of enclosure (8) will be kept in this file. The EAPC will maintain all records that could serve to identify the victim in a secure container and strictly control access to the information. Per reference (g), the case record shall be destroyed at the end of three years after the last contact with the victim. Consultation with the servicing legal office is required prior to releasing any information related to a case when the restricted reporting option has been selected or when the request comes from a military or civilian court.

(i) Ensure that the victim is aware that, regardless of reporting preference, the information contained in the record can be disclosed to military or civilian courts when so ordered by a judge, or as otherwise required in federal and state law, or by international agreements.

(j) Limit contacts made on behalf of the victim, or related to the victim’s case, to those authorized by the victim, or this Instruction, or listed as exceptions under page 2 of enclosure (8).

(k) Contact CGIS Headquarters immediately if a victim who previously requested restricted reporting now requests unrestricted reporting. If the case involves evidence in storage, this report must include the victim’s identifying information, the EAPC tracking number



specific to the victim, and the Preliminary Inquiry Case Control Number (PI CCN) previously provided by CGIS Headquarters. Upon receipt of this information, CGIS Headquarters will notify the appropriate CGIS field office to initiate a criminal investigation and initiate transfer of any evidence collected under restricted reporting, to include Victim’s Sexual Assault Evidence Collection Kit, to the appropriate laboratory for analysis.

(l) Advise all victims that collection of forensic evidence is preferred in all cases, including those cases in which the victim requests restricted reporting. Advise the victim that it is up to him or her to determine to what degree he or she will participate in the evidence gathering process.

(m) If the victim agrees to the collection of evidence, advise him/her not to hamper potential evidence collection by bathing, douching, changing clothes, eating, drinking, or cleaning in any way prior to the forensic examination.

(n) In restricted reporting cases, attempt to collect all clothing worn during or after the attack, and other materials (such as sheets, blankets, etc.) that may have evidence on them for transfer to CGIS Headquarters for storage. If there is any question about whether an article or item has evidence on it, include it. Consult with CGIS Headquarters regarding the best methods for handling and packaging evidence.

(o) Arrange whenever possible, with the victim’s consent, for a qualified medical person to collect evidence from the victim using a Victim’s Sexual Assault Evidence Collection Kit. In unrestricted reporting cases, CGIS special agents will be responsible for ensuring collection and proper handling of evidence.

(p) Explain to the victim that in restricted reporting cases the evidence collected will be kept in storage for up to 12 months and will be available during that time should the victim choose unrestricted reporting.

(q) Ensure that any evidence collected under restricted reporting, to include the completed Victim’s Sexual Assault Evidence Collection Kit, is forwarded via overnight express delivery directly to CGIS Headquarters per enclosure (2) for storage. Use only the assigned case number to identify the evidence.

(r) Ensure that the CGIS PI CCN, created at the time CGIS Headquarters receives the evidence, is recorded in the victim’s case record in restricted reporting cases involving forensic evidence.

(s) In restricted reporting cases, contact the victim in the sixth and eleventh month after forensic evidence was collected and confirm the victim’s decision regarding whether or not to pursue an unrestricted investigation. If the victim does not elect the unrestricted reporting, notify CGIS Headquarters in writing on the 1-year anniversary of submission of evidence. The written notification must reference the EAPC tracking number and CGIS PI CCN. (CGIS Headquarters will then destroy all evidence associated with the referenced EAPC tracking number and CGIS PI CCN.)



(t) Act as an advocate for victim as appropriate in providing information, as requested by the victim, for personnel-related processes such as Disability Retirement Boards and fitness for duty examinations, or other processes which need a more complete understanding of the victim’s experience. This is particularly applicable in cases involving restricted reporting. Such disclosure, by itself, does not change the victim’s reporting option in restricted cases.

(2) Notifications.

(a) Ensure that the victim’s CO, the servicing legal office of the victim’s command, and CGIS are notified immediately in all cases where the victim elects unrestricted reporting.

(b) Report all alleged sexual assault incidents, using the Sexual Assault Incident Report Format in enclosure (3), in all cases and forward to Commandant (CG-1112) by email message within two business days of notification. Use the case tracking number to identify the case. Names or other personal identifying information is not to be included in these reports and names shall not be included in the file names used for this report. (No reports with personal identifying information, or cross-reference list containing personal identifying information, will be kept by Commandant (CG-1112)).

(c) Arrange for regular meetings with the Integrated Support Command/Headquarters Support Command Commanding Officer (CO) (at least once each quarter in which an alleged assault is reported) to provide information about the alleged assaults within the AOR, particularly any information that may indicate a pattern involving locations, personnel of certain ranks or assigned to one unit which could place them at higher risk. The purpose of these discussions is to enable the CO to provide informational advisories or other warnings to members, and alert appropriate individuals, including sector and district commanders, regarding preventable risks. The cognizant Commander may choose to take actions such as restricting members from certain locations, holding mandatory educational sessions, or any other action intended to ensure a safer environment for members.

(d) Send monthly updated reports to Commandant (CG-1112), using enclosure (3), to provide additional information on assistance to victims and the legal/investigatory disposition of cases. Reports shall be sent as an encrypted, password-protected attachment to an email message. Use the case tracking number to identify the case. These reports shall continue until the case is resolved and the victim no longer is receiving services. No names shall be included in these reports and names shall not be included in the file names used for these reports.

(e) With the victim’s consent, notify the cognizant EAPC when a victim transfers to a new Work-Life office area of responsibility, if the victim is still receiving treatment, counseling or other services related to their assault, to ensure identification of appropriate support options and follow up.



(3) Victim Support Person Standards and Qualifications.

(a) Ensure that the VSP, if requested and assigned, has received VSP training and is thoroughly familiar with requirements contained in this Instruction.

(b) Ensure that the supervisor of each VSP signs enclosure (5), Victim Support Person Supervisor Statement of Understanding, and that each VSP signs enclosure (7), Victim Support Person Statement of Understanding.

(c) Recruit and screen VSPs within the AOR to cover expected needs. Criteria for applicant selection include:

1. Has not suffered a major loss or experienced a significantly traumatizing incident within the preceding twelve months.

2. Be emotionally mature: has good communication and interpersonal skills, including the ability to readily empathize with the pain of others; can easily relate to others in a genuine way regardless of rank, rate, gender, or sexual orientation; and is not easily discouraged by anger misdirected at him/her by people he/she is trying to help.

3. Have at least two years remaining at the unit upon completion of training.

4. Be recommended for VSP duties by his/her command.

5. Applicant meets the needs of the AOR in terms of location, rank, rate, gender, and diversity.

(d) Certify in writing that the VSP has met requirements for a VSP Competency Code. Provide document to the VSP with instructions to take to his/her servicing personnel office so that this code can be properly entered into their training record per reference (h).

(e) Supervise VSPs in the performance of their duties to ensure compliance with the requirements of this Instruction. Provide support, re-training, and guidance as needed.

(f) Establish at least monthly contact with all VSPs in the AOR to ensure their continued availability and to provide additional information or training. Sending email messages, with appropriate reading material included, meets this requirement.

(g) Conduct monthly case updates with VSPs on all assigned open cases. Case updates may be telephonic.

(4) Training and Education.

(a) Provide annual general mandated trainings on Sexual Assault Prevention and the SAPRP as requested by Commands. This training shall minimally provide information necessary for participants to meet the following performance steps:

1. Identify the Coast Guard’s Zero Tolerance of Rape and Sexual Assault.



2. Identify the consequences if convicted to include jail time, dishonorable discharge and felony convictions.

3. Identify what constitutes “consent” and “lack of consent.”

4. Identify the Coast Guard’s policy on sexual assault response including the victim’s reporting options.

5. Recognize sexual assault when presented various scenarios.

6. Identify the required actions of bystanders.

7. Identify specific behaviors of the bystander that may help prevent sexual assault.

8. Identify specific behaviors of bystanders that may help prevent sexist behavior.

9. Identify how bystander behavior directly relates to Coast Guard Core Values of Honor, Respect, and Devotion to Duty.

10. Identify techniques for reducing the risk of sexual assault.

11. Identify protection against “date rape” drugs.

12. Identify the impact of alcohol abuse in Rape and Sexual Assault cases and one’s personal accountability when consuming alcohol.

13. Recognize the profile of a typical date or acquaintance rapist.

14. Recognize the effects of sexual assault on victims.

15. Identify assistance for victims.

16. Identify the role of the Victim Support Person including the methods for volunteering and the training provided.

17. Identify Rape and Trauma Syndrome including how it impacts one’s life far after the event and the importance of seeking both medical and counseling services.

18. Identify sources of help including websites and local non-Coast Guard-resources.

(b) Ensure that all Coast Guard HCPs in the AOR who may have contact with victims understand the requirements in this Instruction.

(c) When possible, provide additional trainings to COs, XOs, OINCs, XPOs, medical staffs, and CGIS offices to address their unique concerns in implementing requirements contained in this instruction.

(d) Give all training participants a customer satisfaction form to complete. Review and share results with the Work-Life staff supervisor.



(e) Provide references for all statistics used in the presentation as well as recommended websites and reading material.

(5) Other:

(a) Provide advice and assistance to commands in the AOR regarding sexual assault.

(b) Identify local community medical treatment facilities equipped to provide forensic medical exams specific to sexual assault victims, preferably per standards provided in reference (i).

(c) If the accused is a Coast Guard member, Cadet, civilian employee, or family member of a Coast Guard member or Civilian employee, ensure that he/she is contacted and offered support as appropriate after CGIS has conducted an interview.

j. Coast Guard HCP shall:

(1) Immediately inform the EAPC when an active duty member reports any actual, alleged or suspected sexual assault covered under this Instruction. If the EAPC is not available for on-site contact with the victim, the HCP will ensure that requirements listed in paragraph 8.i.(1) are met to the extent possible.

(2) Immediately report all allegations of sexual assault to CGIS and the EAPC (or Work-Life supervisor if the EAPC is not available.) If the victim is active duty and chooses the unrestricted reporting option, immediately report the allegation to the victim’s command.

(3) Provide victims who present at Coast Guard clinics any urgent first aid or life-saving care indicated by their presenting symptoms or complaint before they are referred to another source of care. In most cases, Coast Guard HCPs will arrange for the victim to be transported to an appropriate location for examination by a sexual assault forensic examiner (SAFE) or sexual assault nurse examiner (SANE). When transport to a SAFE/SANE is not possible, Coast Guard Medical Officers (Physicians, Nurse Practitioners and Physician Assistants) with appropriate clinical privileges may elect to assist victims by using a Forensic Evidence Kit to gather specimens as indicated by the patient’s history and presenting clinical signs. Note: Health Services Technicians may not collect forensic evidence.

(4) Consult as needed with the cognizant EAPC or the Sexual Assault Program Manager at CGIS Headquarters for guidance on appropriate handling and disposition of any forensic specimens, photographs, or other evidence.

(5) Ensure that when examining a victim a gender appropriate chaperone is provided, keeping in mind that the victim may be in a fragile emotional state. VSPs or another Coast Guard member of the victim’s choice may serve as a chaperone in these cases.

(6) Ensure that any victim who reports a sexual assault receives appropriate testing and counseling about sexually transmitted diseases, pregnancy, and psychiatric care/counseling options.



(7) Obtain training on the requirements of this Instruction as needed from the EAPC.

k. VSP shall:

(1) Attend a minimum of 15 hours of Victim Support Person Training prior to being assigned to a support role.

(2) Provide emotional support and assistance to the victim per enclosure (8) and as directed by the EAPC.

(3) Provide assistance to the victim by offering to and/or helping to secure basic needs (e.g., provide clothing to wear home from the hospital after the forensic exam, arrange transportation, contact a family member/friend, etc., as requested by victim).

(4) Make follow-up telephone contact(s) with the victim to provide emotional support and to determine if additional referral services should be provided. Also assist the victim with scheduling follow-up counseling appointments.

(5) Attend mandatory annual training on use of this Instruction, which shall be provided or coordinated by the EAPC.

9. RESPONSE PROCEDURES.

a. When a Coast Guard member is treated at a non-Coast Guard military treatment facility the initial sexual assault response procedures of that military service will apply. Normally, the service’s Sexual Assault Response Coordinator (SARC) will contact the cognizant Coast Guard EAPC to report the case. The EAPC will work with the SARC to determine an initial follow-up care plan that best meets the needs of the victim. Depending on the location, the SARC may continue to be involved but once referred, the EAPC becomes responsible for ensuring proper management of the case per this Instruction.

b. Responding to the needs of the victim, once identified, will require a coordinated approach to include the victim’s command (in those cases in which the victim has chosen the unrestricted reporting option), the EAPC, HCP, and VSP (if assigned). In order to ensure a reasonable response time, it is critical that whoever is first to meet with the victim be fully knowledgeable regarding the victim’s options and the requirements of this Instruction and capable of explaining enclosure (8). EAPCs, VSPs, and HCPs also need to be thoroughly familiar with all applicable laws and local procedures in order to provide the victim an accurate description of his or her rights and options.

c. Sexual assault reporting procedures require EAPC notification for all incidents of reported sexual assault. The EAPC, in turn, will assign a VSP, if available, to assist the victim. Once any urgent medical injuries have been treated, the HCP, EAPC, or VSP (if assigned) shall advise the victim of the reporting options available to him or her, explaining the benefits and limitations of each, and document the reporting option the victim selects using enclosure (8).



d. At the victim’s discretion or request, the HCP, VSP, or EAPC shall arrange for the victim to have forensic evidence collected. To safeguard the victim’s identity in restricted reporting cases, the case tracking number will be used to label the evidence collected.

e. Evidence in restricted reporting cases will be forwarded to CGIS Headquarters for storage up to 12 months after the assault was reported.

f. When a victim requests restricted reporting and there are concerns regarding imminent threat and safety, the HCP or EAPC will consult with the servicing legal office of the victim’s command and CGIS before deciding to deny the victim's request for restricted reporting. The VSP will not participate in the final decision; their role is limited to providing information about safety issues to the EAPC and/or HCP.

g. If at any time a victim elects to change his or her reporting preference from restricted to the unrestricted reporting option, the EAPC shall immediately notify the victim’s command, the servicing legal office of the victim’s command, and CGIS.

h. Collaboration with DoD Military Treatment Facilities (MTFs) and the military branch sexual assault prevention and response personnel and civilian medical facilities will be essential in many incidents. Coast Guard HCPs, EAPCs and VSPs will need to be familiar with the local civilian facility or MTF’s procedures and prepared to liaison with the treatment facility’s personnel in each case, as applicable, to ensure assistance and advocacy for victims covered under this Instruction.

i. Support services are to be provided as appropriate when the accused is a Coast Guard member. The command should monitor the well-being of the accused, particularly for any indications of suicide ideation, and ensure appropriate intervention occurs. Additionally:

(1) The accused is to be considered innocent until proven guilty in a legal proceeding.

(2) Command representatives shall not interview the accused about the incident. Investigative interviews of alleged perpetrators, victims, and witnesses in suspected incidents of rape or sexual assault shall only be conducted by CGIS special agents.

(3) The accused will be treated respectfully, with appropriate care and concern, at all times.

(4) Information about the accused and the incident is to be closely held. Only those who have an official need to know are to have access to this information.

10. PRIVACY PROVISIONS. The Privacy Act and the Health Insurance Portability and Accountability Act (HIPAA) of 1996 apply to records that contain protected health information. These acts and regulations place procedural requirements on the use and disclosure of such information.

a. The Coast Guard Healthcare Program may disclose protected health information about an individual whom it reasonably believes to be a victim of violence or sexual assault to a government authority, including a social service or protective services agency, authorized by law to receive such reports if:



(1) The victim agrees to the disclosure; or

(2) The disclosure is required by law and the disclosure complies with and is limited to the relevant requirements of such law; or

(3) The disclosure is expressly authorized by statute or regulation; and

(a) The Coast Guard Healthcare Program, in the exercise of professional judgment, believes the disclosure to be necessary to prevent serious harm to the victim or other potential victims; or

(b) The victim is incapacitated and unable to agree to disclose their protected health information. A law enforcement or public official, authorized to receive the report, shall verify the purpose that such disclosure is sought, that it is not intended to be used against the victim, and that immediate enforcement activity is dependent upon the disclosure and would be adversely affected by waiting until the individual is able to agree to the disclosure.

b. When information is disclosed, the Coast Guard Healthcare Program must promptly inform the person who is the subject of the information whenever it discloses reports of abuse, neglect, or domestic violence. There are two exceptions to this requirement:

(1) If the Healthcare representative believes informing the person would place him or her at risk of serious harm, or that

(2) The Coast Guard Healthcare Program would be informing a personal representative who it reasonably believes is responsible for the abuse, neglect, or violence.

11. ENVIRONMENTAL ASPECT AND IMPACT CONSIDERATIONS. Environmental considerations were examined in the development of this directive and have been determined to be not applicable.

12. FORMS/REPORTS AVAILABILITY. The forms called for in this instruction are available in USCG Electronic Forms on the Standard Workstation or on the Internet http://www.uscg.mil/forms/default.asp, Intranet at http://cgweb2.comdt.uscg.mil/CGFORMS/Welcome.htm, and CG Central at http://cgcentral.uscg.mil.


Mark J. Tedesco /s/
Director of Health and Safety

The Case of Commander Benjamin Strickland, Where Have All The Good Men Gone?

Imagine waking up one morning to find that your spotless and perfect career had gone off the track and over the rails. What would you do if the powers-that-be told you that they considered you "off the Reservation" ; not because you had committed a crime, or had been accused of sexual harassment, or worse, but because you had told the truth?
This nightmare scenario is happening more and more today in our military services.
What if Truth alone could not save you? What would you say then? Why me? Why now? What can this mean? Am I part of a bigger drama that I am not aware of? What made me the center piece of this Great Controversy?
No good deed goes unpunished. This means that life is unfair and people can do or try to do good things and still end up in a lot of trouble. Bad things happen to good people.
Sometimes helping out exposes us to some other danger; such as, the wrath of  small-minded petty individuals in a positions of power whose plans were disrupted by said good deed.
There are many such cases in the Unrestricted Coast Guard Chronicles (UCGC).

Consider the case of Commander Benjamin Strickland. 


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 http://www.amazon.com/The-Case-CDR-Benjamin-Strickland/dp/1514682737