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On November 2, 2009, Citizens for Responsibility and Ethics in Washington (CREW) filed a FOIA request with the Department of Defense (DOD) seeking 19 different categories of domestic violence records that DOD may maintain. According to several press reports, the Army has been mishandling domestic violence cases, sometimes declining to prosecute after asking civilian prosecutors to transfer the cases. This is especially alarming as post-traumatic stress disorder (PTSD), which is on the rise among returning soldiers, can be a contributing factor in these cases.; FOIA Request: CREW: Department of Defense: Department of the Air Force: Regarding Domestic Violence; Holder of Document: CREW; Producing Agency: Department of Defense: Department of the Air Force; Date Received: 2/7/2011;
Оригинальное название
CREW: Department of Defense: Department of the Air Force: Regarding Domestic Violence: 2/7/2011 - Air Force Response Letter
On November 2, 2009, Citizens for Responsibility and Ethics in Washington (CREW) filed a FOIA request with the Department of Defense (DOD) seeking 19 different categories of domestic violence records that DOD may maintain. According to several press reports, the Army has been mishandling domestic violence cases, sometimes declining to prosecute after asking civilian prosecutors to transfer the cases. This is especially alarming as post-traumatic stress disorder (PTSD), which is on the rise among returning soldiers, can be a contributing factor in these cases.; FOIA Request: CREW: Department of Defense: Department of the Air Force: Regarding Domestic Violence; Holder of Document: CREW; Producing Agency: Department of Defense: Department of the Air Force; Date Received: 2/7/2011;
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On November 2, 2009, Citizens for Responsibility and Ethics in Washington (CREW) filed a FOIA request with the Department of Defense (DOD) seeking 19 different categories of domestic violence records that DOD may maintain. According to several press reports, the Army has been mishandling domestic violence cases, sometimes declining to prosecute after asking civilian prosecutors to transfer the cases. This is especially alarming as post-traumatic stress disorder (PTSD), which is on the rise among returning soldiers, can be a contributing factor in these cases.; FOIA Request: CREW: Department of Defense: Department of the Air Force: Regarding Domestic Violence; Holder of Document: CREW; Producing Agency: Department of Defense: Department of the Air Force; Date Received: 2/7/2011;
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DEPARTMENT OF THE AIR FORCE
HEADQUARTERS, UNITED STATES AIR FORCE
WASHINGTON, OC.
7 February 2011
HAFIFOIA (FOLA)
1000 Air Force Pentagon
‘Washington DC 20330-1000
Mr. Seott A. Hodes
Attorney at Law
Post Office Box 42002
Washington DC 20015
Dear Mr. Hodes
This is in response to your May 7, 2010, Freecom of Information Act appeal to your initial
request 2010-00888-F for information relating to domestic violence matters in the Air Force
Per our telephone conversation and your concurrence to provide items that we can address.
Your request will be addressed in numerical order:
() the LISAF's policies related to soldiers accused of acts of domestic violence: The Air
Force Instruction 40-301, Medical Command, Family Advocacy can be downloaded
ar the following link: http://www.af.mil/shared/media/epubs/AFI40-301.pdf.
(2) the number of soldiers arrested for domestic violence related affenses: The Air Force
Security Forces Center's data from the Security Forces Management Information
System (SFMIS) from 2003-2010 the total number was 2103 cases (that included 54
US Army personnel). Please note there are no electronic records in SFMIS prior to
2003. The total number provided by the Air Force Office of Special Investigations
from 2002-2010 és 987.
(3) the number of soldiers prosecuted, the number of soldiers convicted and the number of
soldiers jailed for domestic violence crimes: Information not compiled.
(4 the number of soldiers dishonorably discharged, given bad conduct discharges or in
the case of officers, the total number of dismissals: The Air Force Personnel Center
(AFPC) can provide the number of officers and Airmen discharged by service
characterization; however, AFPC cannot determine if the discharge resulted trom
or following a conviction for domestic violence. DoD approves and authorizes
Separation Program Designators (SPD) codes for use by the Services. There is no
specific SPD code and narrative reason which identifies discharge or court-martial
for domestie violence. If you desire their information, please submit « request
dircetly to AFPC at the following website https:!/www.efofa.af.mil/palMain.aspy,(3). the number of soldiers honorably discharged following a conviction for a domestic,
violence offense: Same as #4 above,
stion for a domestic violence
(6) the number of soldiers promoted following a conv
offense: Same as #4 above.
(7) the number of soldiers deployed while a domestic violence investigation or prosecution
was ongoing: Information not compiled.
(8) the number of soldiers ordered to attend anger management classes and/or counseling as
a result of a domestic violence complaint pursuant to a deferred prosecution age
or diversion program: Information not compiled.
(9) the number of soldiers prosecuted or jailed following a failure to attend mandated
anger management classes and/or counseling ordered as a result of a domestic
violence complaint: Information not compiled.
(10) records demonstrating soldiers’ attendance of such classes, and records pertaining,
to any actions taken if'and when soldiers failed to attend such classes as ordered: See
the two attached spreadsheets on CD.
The Surgeon General's office provided these spreadsheets; however, certain information
have been withheld under Title 5, United States Code 552 (b)(6). Exemption 6 applies to the
swithholding of information that could reasonably be expected to constitute a clearly unwarranted
invasion of personal privacy. Should you decide that an appeal to these decisions is necessary,
you must write to the Secretary of the Air Force, Thru: HAF/IMIO (FOIA), 1000 Air Force
Pentagon, Washington DC 20330-1000, within 60 calendar days from the date of this letter,
Include in the appeal, your reasons for reconsideration, and attach a copy of this letter.
(11) the number of soldiers issued “no contact" orders following domestic violence
complaints against them: Information not compiled in a central location. A request
must be sent to all Air Force base; however, there is no certainty whether a copy
exists or not and filed in one place at these locations,
sued following domestic
(2) the number of soldiers who violated "no contact” orders i
violence complaints: Information not compiled.
issued
(23) _ the number of soldiers prosecuted or jailed for violating "no contact" order
following domestic violence complaints: Information not compiled.
(14) the number of domestic violence related offenses committed by soldiers again:
whom "no conduct” orders were in effect at the time of the offenses: Information not
compiled.
(215) the number of times the USAF has requested that a civilian prosecuting authority
twansfer jurisdiction of a domestic violence crime to the military: Same as #11 above,(16) the number of times the USAF has initiated its own prosecution against an allege
perpetrator of domestic violence following the transfer of jurisdiction from a civil
prosecuting authority: Same as #11 above.
(17) the number of times the USAF has declined to prosecute a domestic violence
crime afier having requested a transfer of jurisdiction from a civilian prosecuting
authority: Same as #11 above.
(78) any and all decisions by the USAF not to prosecute any individual for a domestic
violence crime because such a prosecution would have prevented the USAF from deploying
the alleged perpetrator to Iraq, or any other foreign country: and: Unable to answer.
(19) any and all records of all case review committees, including but not limited 10
those at Fort Riley in Kansas and Fort Bragg in North Carolina, regarding the
handling of domestic violence complaints and the treatment of the those soldiers
alleged to have committed such offenses: Unable to answer.
Please contact the undersigned at (703) 693-2736 should you have any questions and
refer to 2010-00142-A, ‘There are no fees associated with the processing of this request in
this instance.
Sincerely
ESPINALJOHN. foun
M.1184810375. ieisicosirgee
JOHN M. ESPINAL
HAF FOIA Disclosure Officer
Enclosure (CD}