US Senator Richard Blumenthal (above surveying Hurricane Irene damage in Connecticut) had an important exchange in Wednesday's Senate Armed Services Committee with the Pentagon's Under Secretary of Defense for Personnel and Readiness Jo Ann Rooney.
Senator Richard Blumenthal: [. . .] I want to focus on one though that may not be directly related to the budget, I know the budget consumes a lot of time, but you've discussed in your testimony, Secretary Rooney, the issue of sexual assault which I know troubles you and the Secretary greatly, a great concern to you and there's a zero tolerance policy, it's a leadership issue. You say in your testimony that the estimates now are about 19,000 sexual assaults a year which is down from the estimate of 34,000 in 2006. Are you suggesting that the rates are numbers of sexual assaults has been reduced over the last six years.
Secretary Jo Ann Rooney: Sir, the way we get to that number is that we look at the number of reported sexual assaults as a percentage of the overall force and then actually multiply it. The number appears to come down but quite frankly, as you indicated, our concern is that there are any. And 19,000 is 19,000 too many or whatever the exact number is because, again, that was extrapolated from actual reported numbers. So while we believe that the attention being focused, the programs being put in place and, frankly, the leadership taking this on as such a critical area to be able to address because it goes right to the heart of what our military believes in terms of their work and their respect for each other, that that number will come down but we realize we have a lot of work to do.
Senator Richard Blumenthal: But it may not have come down in the last six years. Obviously, you're objective is to make it come down. But I'm just asking whether you have confidence in that number because, quite honestly, I'm not sure that I do.
Secretary Jo Ann Rooney: I believe that number indicates that we have a substantial problem yet. But, again, it's not a specific number. It's extrapolated from those reports we have.
Senator Richard Blumenthal: Of the defendants who reported and in those incidents 3,192 in FY '11, what percentage faced court-martial?
Secretary Jo Ann Rooney: Sir, I'll take that question for the record and get back to you on the specific.
Senator Richard Blumenthal: The information I have is fewer than 21% and I was going to ask you --
Secretary Jo Ann Rooney: That percentage is correct.
Senator Richard Blumenthal: What is the reason that they are not brought to court-martial?
Secretary Jo Ann Rooney: Often, sir, it's many of the same challenges that we see on the civilian side which is, in order to go through the court-martial, obviously we need to be able to get the evidence and make sure that our folks are trained to be able to prosecute those particular cases. Those are specific areas we are working on now -- to make sure people are trained in the specific areas of how to be able to not only get that evidence but be able to present that forward. And that's often the road block.
Senator Richard Blumenthal: So you're upgrading the procedures for collection of evidence. And what about retention of evidence?
Secretary Jo Ann Rooney: Uh, yes, sir. We actually are retaining the evidence at this point -- if it's an unrestricted report, for fifty years.
Senator Richard Blumenthal: And are you making efforts to speed the process? In one instance that has been reported to me -- and I can get you the name and perhaps you can give me more details -- there was a three year gap -- and, by the way, I'm very familiar with the defense in the civilian area since I was -- [Attorney General of the state of Connecticut from 1990 through 2010]
Secretary Jo Ann Rooney: I know you are, sir.
Senator Richard Blumenthal: -- involved in it so this is by no means to say you should use it as a model necessarily. But I know the military sets its own standards for what excellence is and you have your own goals. But that three year gap, as you know, makes evidence, even if it's collected -- that is the eye witness testimony that, if provided, may prove more difficult to get [three years after when memories are less fresh] and I just wonder what steps are being taken to make sure that these cases are brought to court-martial -- brought, in effect, to trial -- more quickly?
Secretary Jo Ann Rooney: Actually, we're working directly with the services on this and the Joint Chiefs [of Staff] have been actively involved in looking at how do we not only streamline the actual court process but also streamline from the point of reporting to -- we have such things in place now, as you know, as expedited transfers -- so all through the process making sure that we are able to protect due process, if you will, for the accused. But move that through the system from the first report through. So that's something that we're actually engaged right now with the services to do.
Senator Richard Blumenthal: Do you have numbers as to the median or average length of time it's taken and what percentage involves eventual findings of guilt, culpability? And also what the eventual penalities are in those cases?
Secretary Jo Ann Rooney: Sir, we do have those numbers but if I could take that for the record and give them to you as opposed to trying to get them from memory. But we do have them. I have seen them, sir.
Senator Richard Blumenthal: I would appreciate that.
Secretary Jo Ann Rooney: We will.
Senator Richard Blumenthal: And do you also -- Can you also provide percentages as to what numbers -- in what rate you give defendants the option of a discharge or a resignation in lieu of court-martial?
Secretary Jo Ann Rooney: I can get the information as to what the eventual resolution was. As to whether that was a negotiated plea or something in that regard, that will be a little harder. But I can certainly tell you Article 15 and various section penalties.
Senator Richard Blumenthal: And finally on this subject, can you tell me when [Defense] Secretary [Leon] Panetta is going to be releasing the recommendations? He's going to be having both administrative and legislative. Do you know?
Secretary Jo Ann Rooney: Actually, we've been working on the possible legislative proposals as recently as today. So I'm expecting those to be coming up soon and then, within the next three to six months, we'll also have some additional ways forward on specific recommendations coming out from the services as well as follow-up on the ones we mentioned -- the expedited transfer and the document retention.
Senator Richard Blumenthal: Thank you. On the issue, and you raise it in your testimony, concerning suicides, can you talk a little bit about what steps are being taken to address this issue?
Secretary Jo Ann Rooney: Absolutely. And you're right that the numbers right now -- despite many of our efforts -- have not shown a significant decrease. But what we have done in fact is -- taken the task force that had their report forward, one of their recommendations was to create a specific suicide office which we have done in the last few months. And the purpose of that office is not to create yet another layer but it's to look across all the services and actually be the conduit for what are our best practices, where are we missing some opportunities, getting rid of some of the redundancies. So that has, at this point, a temporary staff. But in the fiscal '13 budget, we have the full appropriations we're requesting on that to have that staff stand up. In addition to that, we're working directly with the services in each of their component areas to see what practices they have in place. The next thing, and I think you've seen it also from the medical side, we're embedding behavioral health not only within the units but also making it available to the families through a number of our family programs. And, again, we're continuing to monitor what has been the outreach and where have we seen some successes or not, as it were. So those are the steps at this point with many more coming forward. And, also, collecting data has been a big challenge that we've had. Contemporaneous data. So we're working closely with the VA, in particular, at this point to share information not only from the DoD side but also what the VA is getting. We're doing a lot of joint work with them. So we're getting data that is between thirty and sixty days old as opposed to a year or two -- which is what we had been getting because that's the way states are gathering it -- and sharing that information and trying to trend directly with the VA. So those are some of the ideas.
