OSTC
True or False: OSTC has a time requirement to notify a victim of initial contact once case is reported/received.
True: Mrs. Boomer is required to contact victim within so many days of being notified. Providing victim contact information to Mrs. Boomer is important.
What DD forms does Mrs. Boomer provide to victim?
DD 2701, 2702, 2703, 2704 (if applicable) and 2704-1
True or False: Victim did not want to participate in any form of action against her abusive spouse (active duty). Command separates soldier- victim still entitled to Victim Compensation?
True: We are not the deciding factor to who receives victim compensation. Command and other agencies like FAP, SVL help package the application and sends it off. HQIMCOM and SEC ARMY decide.
SM is court martialed and on the Statement of Trial Results none of the convictions are dependent abuse offenses but does state a discharge from the military.
What kind of Victim compensation is this an example of?
EETC
Why?
SM is court martialed and on the Statement of Trial Results it states a conviction of at least 1 dependent abuse offense and a punitive discharge.
What type of victim compensation is this an example of?
TC
Why?
Case is NO PC, does Mrs Boomer still reach out? Yes or No?
Yes
True or False: Mrs. Boomer completes the travel for victim and victim comfort person?
True: I organize and run all travel for victims and their comfort person of choice. Includes, Flight, hotel, rental car/ TMP, voucher and reimbursement, and more.
True or False: Mrs Boomer is done with a case once it is deferred.
True and false: Mrs. Boomer provides a warm handover to the TC to provide further notifications after deferral. However, depending on the case, Mrs. Boomer still gets contacted by almost all victims for follow up updates, questions or concerns. This affects YOU- Mrs. Boomer will then be reaching out to you to be aware of said concerns and to problem solve.
If TC application- I am never done. Even years after a case is complete.
What is the difference between Transitional Compensation and Exceptional Eligibility Compensation?
Traditional TC
•Dependent abuse is basis for separation
•Eligibility begins w/ initiation of separation/court-martial conviction
•IMCOM verifies eligibility and processes applications
•Shorter processing time
EE TC
•Dependent abuse is NOT basis for separation
•HQDA processes, SECARMY approves
•Longer processing time
•Discretionary - qualifying applicants may be approved
You receive a blotter/ SVIP or email about DV/ OSTC offense. What do you do?
1. Forward to OSTC team- SGT B, Mrs. Boomer, MAJ Faust. *Include COJ
2. Ensure your paralegal is tracking and uploads in MJO properly.
3. Your TC Job.
(Please note- doesn't have to be in this order).
What is OSTC's process for a deferral? Name the steps.
These steps include MAJ Faust, Mrs. Boomer and SGT Benavidez.
1. MAJ Faust receives/ reviews the case.
1.a TC receives/ reviews the cases.
2. Mrs. Boomer reaches out to the victim and/or SVC to obtain preference for participation and desired outcome.
3. MAJ Faust decides if this will go forward or not based on the case and victims preference.
Deferral -
4. Unit paralegal drafts deferral worksheets and forwards it to TC for review.
5. TC forwards it to MAJ Faust for review and signature.
6. Mrs. Boomer informs victim of deferral and provides a warm handover for the TC to be the POC moving forward.
6. SGT B defers in MJO.
True or False: Mrs Boomer works with military soldiers, dependents, local nationals and foreign nationals who are a named victim.
True: As long as the accused that is identified as the subject is held under UCMJ, I will work with any status of person.
True or False: Victim impact statements can be reviewed and modified by Mrs. Boomer before turning it to the court.
True: Mrs. Boomer has created a Impact Statement questionnaire template that helps victims generate their own statement. Mrs. Boomer helps review and works closely with the victim to modify any areas of concern to ensure it meets the Rules of Court.
DoDI 1342.24 Involves a criminal offense (UCMJ, federal, or state) against the then-current spouse or dependent children. What are potential offenses included in DoDI 1342.24?
Potential offenses include: Assault/sexual assault-related offenses; stalking, indecent viewing/exposure; communicating a threat; death or injury of an unborn child; child endangerment; kidnapping; willful discharge of firearm endangering human life; violation of a protection order, DV statute under Art. 128b, UCMJ.
Which Article of the UCMJ pertains to the protection of all crime victim's rights?
Article 6b, UCMJ = Protection for ALL CRIME VICTIMS.
OSTC Calendar: What type of entries go in this calendar and why? (List 2)
1. Case related appointments (Art 32, PTO, victim meeting/case update)
2. Leave /unavailability (personal leave, admin sep board)
What Post Trial documents does Mrs. Boomer provided to a victim after a court martial/ Guilty Plea?
DD2704 (if applicable) (redacted copy)
DD2704-1 (copy)
EOJ (redacted copy)
STR (redacted copy)
There is a final notification from Mrs. Boomer called the deferral notification. This entails a warm handover via email or phone. Do you know what information she includes in that pertains to you the TC?
Your email- which ever TC is over the case, we include your government email and inform them that you will now be the POC for any case related command decisions.
Per DoDI 1342.24, those who are eligible for TC include dependents of the Armed Forces who have been on active duty for more than 30 days and have had one of three things occur. What are the 3 outcomes to make a TC case?
•Separated from active duty under a court-martial sentence resulting from a dependent-abuse offense;
•Administratively separated from active duty if the basis for separation includes a dependent-abuse offense; or
•Sentenced to forfeiture of all pay and allowances by a court-martial which has convicted a member of dependent-abuse offense
Name 3 of the 5 notifications as a TC you provide to Mrs. Boomer throughout the criminal process?
1. Pretrial hearing time/ date/ location (if applicable)
2. Art 32 time /date/ location (if applicable)
2a. Art 32 is waived
3. Preferral of charges to include a copy of charge sheet
4. Referral of charges
5. PTO- a copy
What are 3 notifications that Mrs. Boomer provides to victims througout the criminal process?
Provide required documentation to victims if applicable- MPO, charge sheet
Copy of all statements
Information of any PT confinement
Notice of Significant events
Investigation status
Apprehension of offender and or (PTC)
Preferral decision- charges
Any Hearings
Guilty plea or trial
Confinement release
Difference between a SVL and a VWL?
Mrs. Boomer does NOT have confidentiality, she is a part of the prosecution, and her notes can be attorney work product. Only see's OSTC covered offense cases/victims.
VWL- is like Switzerland, is nuetral party member. Helps with travel logistics/ DTS and can work with General Crimes victims. Most importantly receives all deferral cases from Mrs. Boomer and is the expected POC for victims after deferral.
What role(s) does the Trial Counsel/ Legal Advisor to the Command play in Victim Compensation - Tranisitional Compensation?
1- You are the TC who is involved in either the court martial, chaptering out the solider, or spearheading the admin sep. board.
2. Properly writing the charges and documentation to ensure it encompasses the DV and/or other offenses that entail dependent abuse.
3. Packaging the TC application. You help the command complete the required documents that go into the packet. * Mrs. Boomer of course provides templates and examples for you to have.
There is a child/youth victim, whose parents are both considered the subject. You want to speak to the youth, how do you go about this?
1- Make sure Mrs. Boomer is tracking.
2- Mrs. Boomer will then work with FAP and the School and schedule an in person meeting during school hours to meet with the child/youth.
3. Notifications will still be provided but to FAP / school until we further decide if both parents are still the subject and /or a designated guardian has been determined.