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***THIS IS A 2 SECTION MESSAGE COLLATED BY OIX GATEWAY NORFOLK VA*** QQQQ
SUBJ: ESTABLISHMENT OF NAVY VICTIMS' LEGAL COUNSEL (VLC) PROGRAM
UNCLASSIFIED/ FM CNO WASHINGTON DC//DNS// TO NAVADMIN INFO CNO WASHINGTON
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NAVADMIN 087/14
MSGID/NAVADMIN/CNO WASHINGTON DC/DNS/MAR//
SUBJ/ESTABLISHMENT OF NAVY VICTIMS' LEGAL COUNSEL (VLC) PROGRAM//
REF/A/SECDEF MEMO/14AUG2013//
REF/B/VCNO LTR/15AUG2013//
REF/C/FY14 NDAA SEC 1716/26DEC2013//
REF/D/DODI 6495.02//
REF/E/SECNAVINST 1752.4B//
REF/F/SECNAVINST 1752.3B//
REF/G/TITLE 10, UNITED STATES CODE, SECTION 1044//
REF/H/TITLE 10, UNITED STATES CODE, SECTION 1565B//
REF/I/SECNAVINST 1754.7A//
REF/J/JAGINST 5803.1D//
NARR/REF A IS SECRETARY OF DEFENSE (SECDEF) MEMORANDUM DIRECTING ALL SERVICES
TO IMPLEMENT A SPECIAL VICTIMS' ADVOCACY PROGRAM.
REF B IS VICE CHIEF OF NAVAL OPERATIONS (VCNO) LETTER DIRECTING ESTABLISHMENT
OF THE NAVY VICTIMS' LEGAL COUNSEL PROGRAM. REF C IS FISCAL YEAR 2014
NATIONAL DEFENSE AUTHORIZATION ACT. REF D IS DEPARTMENT OF DEFENSE
INSTRUCTION OF 28 MARCH 2013, AS AMENDED ON 12 FEBRUARY 2014, ON SEXUAL
ASSAULT PREVENTION AND RESPONSE (SAPR) PROGRAM PROCEDURES. REF E IS SECNAV
INSTRUCTION OF 13 APRIL 2013 ON DEPARTMENT OF THE NAVY'S SAPR PROGRAM. REF F
IS SECNAV INSTRUCTION OF 10 NOVEMBER 2005 ON DEPARTMENT OF THE NAVY'S FAMILY
ADVOCACY PROGRAM. REF G IS STATUTORY AUTHORITY FOR LEGAL ASSISTANCE SERVICES
TO MEMBERS OF THE ARMED FORCES AND OTHER ELIGIBLE INDIVIDUALS SUBJECT TO THE
AVAILABILITY OF LEGAL STAFF RESOURCES. REF H IS STATUTORY AUTHORITY THAT
EXTENDS LEGAL ASSISTANCE SERVICES TO VICTIMS OF SEXUAL ASSAULT. REF I IS
SECNAV INSTRUCTION OF 7 NOVEMBER 2005 ON HEALTH CARE PROVIDERS IN THE
DEPARTMENT OF THE NAVY'S FLEET AND FAMILY SUPPORT PROGRAM. REF J IS JUDGE
ADVOCATE GENERAL (JAG) INSTRUCTION ON PROFESSIONAL CONDUCT OF ATTORNEYS.//
POC/CAPT K. A. FISCHER-ANDERSON/UNIT: VLCP, MAYPORT, FL/
TEL: (904) 270-5445 EXT 3028//
RMKS/1. IN ACCORDANCE WITH REFERENCES (A) AND (B), AND AS RECENTLY CODIFIED
BY REFERENCE (C), THE NAVY ESTABLISHED A NAVY VICTIMS' LEGAL COUNSEL (VLC)
PROGRAM TO PROVIDE INDEPENDENT LEGAL COUNSEL TO ELIGIBLE SEXUAL ASSAULT
VICTIMS.
2. VLC WILL WORK WITH VICTIMS THROUGH THE INVESTIGATION AND MILITARY JUSTICE
PROCESSES, ADVOCATE FOR THE VICTIM'S RIGHTS AND INTERESTS, AND HELP VICTIMS
OBTAIN ACCESS TO OTHER SUPPORT RESOURCES. VLC WILL COMPLEMENT THE CARE AND
SUPPORT VICTIMS RECEIVE THROUGH OTHER RESOURCES, SUCH AS THE SEXUAL ASSAULT
PREVENTION AND RESPONSE PROGRAM (SAPR), THE FAMILY ADVOCACY PROGRAM (FAP),
THE VICTIM-WITNESS ASSISTANCE PROGRAM, VICTIM ADVOCATES, CHAPLAINS AND
HEALTHCARE PROVIDERS, AS OUTLINED IN REFERENCES (D), (E) AND (F).
3. VLC REPORT INDEPENDENTLY TO COMMANDER, NAVAL LEGAL SERVICE COMMAND THROUGH
THE CHIEF OF STAFF, VLC. TWENTY-NINE SPECIALLY-TRAINED AND CERTIFIED JUDGE
ADVOCATES ARE ASSIGNED TO THE PROGRAM AT VARIOUS NAVAL INSTALLATIONS AROUND
THE WORLD.
4. ELIGIBILITY. AS AUTHORIZED BY REFERENCE (G), SEXUAL ASSAULT VICTIMS
ELIGIBLE FOR VLC SERVICES INCLUDE:
A. NAVY MEMBERS ON ACTIVE-DUTY.
B. NAVY RESERVE PERSONNEL ON ACTIVE DUTY OR ON INACTIVE-DUTY TRAINING AT THE
TIME OF THE ASSAULT.
C. OTHER DOD SERVICE PERSONNEL AND RETIREES WHEN ASSAULTED BY AN ACTIVE-DUTY
NAVY MEMBER.
D. ADULT DEPENDENTS, INCLUDING SPOUSES, OF ACTIVE-DUTY NAVY MEMBERS WHEN
ASSAULTED BY AN ACTIVE-DUTY NAVY MEMBER E. SOME OVERSEAS DON CIVILIANS.
F. VICTIMS NOT SPECIFICALLY IDENTIFIED BY THIS NAVADMIN WHO ARE SEEKING VLC
CONSULTATION SHALL BE REFERRED TO THE NEAREST VLC OFFICE PER PARAGRAPH (7)
FOR AN ELIGIBILITY DETERMINATION.
5. REFERRAL. CONSISTENT WITH REFERENCES (C), (D), (E), (G), AND (H), SEXUAL
ASSAULT RESPONSE COORDINATORS, SEXUAL ASSAULT VICTIM ADVOCATES, MILITARY
CRIMINAL INVESTIGATIVE ORGANIZATIONS, VICTIM WITNESS LIAISONS, TRIAL COUNSEL
AND HEALTHCARE PROVIDERS SHALL INFORM SEXUAL ASSAULT VICTIMS OF THE
AVAILABILITY OF VLC SERVICES. VICTIMS SHALL BE INFORMED THAT VLC SERVICES ARE
OPTIONAL AND MAY BE DECLINED, IN WHOLE OR IN PART, AT ANY TIME REGARDLESS OF
WHETHER THE VICTIM ELECTS RESTRICTED OR UNRESTRICTED REPORTING. ADDITIONALLY,
PER REFERENCE (C), VICTIMS SHALL ALSO BE INFORMED THAT DECLINING SUCH
SERVICES DOES NOT PRECLUDE THEM FROM SUBSEQUENTLY REQUESTING VLC SERVICES AT
A LATER TIME. PER REFERENCE (I), FAP CLINICAL HEALTH CARE PROVIDERS ARE
CONSIDERED HEALTHCARE PROVIDERS.
6. SCOPE OF REPRESENTATION. VLC WILL FORM AN ATTORNEY-CLIENT RELATIONSHIP
WITH ELIGIBLE VICTIMS. ACCORDINGLY, ALL COMMUNICATIONS BETWEEN VLC AND THE
CLIENT WILL BE CONFIDENTIAL AND PRIVILEGED. VLC WILL ADVISE VICTIMS ON
SEXUAL ASSAULT REPORTING OPTIONS; PROVIDE LEGAL REPRESENTATION AND ADVICE
DURING THE INVESTIGATIVE PROCESS; ADVOCATE ON THE VICTIM'S BEHALF; REPRESENT
THE VICTIM IN MILITARY JUSTICE PROCEEDINGS WHERE THE VICTIM HAS AN INTEREST
AND RIGHT TO BE HEARD BY THE COURT; AND PROVIDE OTHER LEGAL ADVICE AND
SERVICES CONNECTED WITH A REPORT OF SEXUAL ASSAULT. VLC ARE
SUBJECT TO AND MUST COMPLY WITH THE RULES OF PROFESSIONAL CONDUCT IN
ACCORDANCE WITH REFERENCE (J).
A. COLLATERAL MISCONDUCT. VLC WILL PROVIDE PERSONAL REPRESENTATION ADVICE TO
VICTIMS INVOLVED IN COLLATERAL MISCONDUCT CONNECTED WITH A REPORT OF SEXUAL
ASSAULT. COLLATERAL MISCONDUCT RESULTING IN ADMINISTRATIVE PROCESSING OR
COURT-MARTIAL WILL NECESSITATE ASSIGNMENT OF A SEPARATE MILITARY DEFENSE
COUNSEL.
B. LEGAL ASSISTANCE. VLC CAN PROVIDE BASIC LEGAL ASSISTANCE SERVICES DIRECTLY
CONNECTED TO A REPORT OF SEXUAL ASSAULT, TO INCLUDE NOTARIZATIONS AND POWERS
OF ATTORNEY. ASSISTANCE WITH MORE SUBSTANTIVE MATTERS WILL BE REFERRED TO THE
NEAREST MILITARY LEGAL ASSISTANCE OFFICE.
7. SERVICE LOCATIONS. VLC SERVICES WILL BE AVAILABLE AT 23 NAVAL
INSTALLATIONS WORLDWIDE. VLC ARE CURRENTLY LOCATED IN:
A. ANNAPOLIS, MD
B. WASHINGTON, D.C.
C. OCEANA, VA
D. NORFOLK, VA
E. GROTON, CT
F. MAYPORT, FL
G. JACKSONVILLE, FL
H. PENSACOLA, FL
I. SAN ANTONIO, TX
J. GREAT LAKES, IL
K. CORONADO, CA
L. SAN DIEGO, CA
M. LEMOORE, CA
N. VENTURA, CA
O. BREMERTON, WA
P. EVERETT, WA
Q. PEARL HARBOR, HI
R. GUAM; BAHRAIN
S. NAPLES, ITALY
T. ROTA, SPAIN.
U. BY JULY 2014, VLC WILL ALSO BE LOCATED IN GULFPORT, MS AND YOKOSUKA,
JAPAN.
8. VLC CONTACT. SEXUAL ASSAULT VICTIMS MAY CONTACT VLC DIRECTLY OR VIA OTHER
VICTIM SUPPORT PROVIDERS, INCLUDING SEXUAL ASSAULT RESPONSE COORDINATORS,
VICTIM ADVOCATES, FAP CLINICAL COUNSELORS, DOMESTIC ABUSE VICTIM ADVOCATES
(DAVAS), CHAPLAINS, OR TRIAL COUNSEL. VLC CONTACT INFORMATION IS AVAILABLE AT
HTTP://WWW.JAG.NAVY.MIL/LEGAL_SERVICES/VLC.HTM.
9. RELEASED BY VICE ADMIRAL S. H. SWIFT, DIRECTOR, NAVY STAFF.//
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