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Building an Effective Victim Witness Assistance Program
Presented by: William Yables Jr. Installation Victim Witness Liaison Officer Marine Corps Air Station New River (910) Currently assigned as the Paralegal Specialist, Marine Corps Air Station New River, Jacksonville, North Carolina. Major responsibilities include: Process Administrative Separations, JAGMAN Investigations, Claims, Civil Processing, Military Protection Orders, Budget Manager, Installation Victim Witness Liaison Officer, SJA Victim Witness Assistant Coordinator, Installation Emergency Management Working Group Member, Information Systems Coordinator; Continuity of Operation Program Working Group Member, Multidisciplinary Counsel Member, Forms Coordinator, Department Designated Records Manager, and Property Responsible Individual. William Yables Jr. grew up in Highland, Michigan. He graduated from Lakeland High School in 1987 and afterwards attended Oakland Community College. He enlisted in to the United States Marine Corps and went to recruit training in May 1990, at Marine Corps Recruit Depot San Diego, California. Upon his graduation from boot camp, he went on to Marine Combat Training (MCT) at Camp Pendleton, California. After finishing MCT, Private First Class Yables reported in to Camp Delmar, California for Legal Services Specialist School. After completing MOS school in December 1990, Private First Class Yables checked into the Legal Services Support Section (LSSS), 2d Forces Service Support Group (FSSG), Camp Lejeune, North Carolina as an Operation Law Clerk. While continuing to perform those duties he also had multiple additional duties to include: Review Clerk, Admin Noncommissioned Officer in Charge (NCOIC), Supply NCOIC, Embarkation NCO, and Safety NCO. Lance Corporal Yables was meritoriously promoted to Corporal in December In May 1993, Corporal Yables was transferred to LSSS, 3d FSSG, Okinawa, Japan as a Review NCO. In May 1994, Corporal Yables was transferred to Piedmont Trial Judiciary, Marine Corps Base, Camp Lejeune, North Carolina, as the Chief Clerk of Court. Sergeant Yables graduated from Coastal Community College; Jacksonville, North Carolina in May 1997 with an Associate’s Degree and was transferred to Marine Aviation Training Support Group (MATSG), Naval Air Station Cecil Field, Jacksonville, Florida as the Legal Chief. In July 1999, he transferred the MATSG unit to Naval Air Station Oceana, Virginia Beach, Virginia. While transferring the unit from Florida to Virginia Sergeant Yables had the trust and confidence of his superiors to take on the additional duties as the Administrative Chief and was also able to obtain an additional MOS of 0151, Administrative Clerk. Sergeant Yables was selected as the MATSG Marine of the fourth quarter and as the Marine of the Year for In November 2000, Staff Sergeant Yables was Marine Corps Base, Camp Lejeune, North Carolina to be the Staff Noncommissioned Officer in Charge (SNCOIC) of the Legal Assistance Office. In August 2002, Staff Sergeant Yables was sent to recruiter school and in November 2002, was transferred to Recruiting Station Lansing, Michigan as a canvassing recruiter, Alpena Michigan. In November 2003, was transferred to Recruiting Station Indianapolis, Indiana as canvassing recruiter and assistant SNCOIC of RSS Fort Wayne, Indiana. Gunnery Sergeant Yables received the Hammer Award, Recruiter of the Month Award, Dynamic Dozen Award and a Navy and Marine Corps Achievement Medal for outstanding recruiting duty. In January 2006, Gunnery Sergeant Yables was transferred to Joint Law Center, Marine Corps Air Station, Cherry Point, North Carolina as the Military Justice Chief. From December 2006 through April 2007 Gunnery Sergeant Yables was also the acting Legal Chief. In July 2008, Master Sergeant Yables was transferred to Office of the Staff Judge Advocate, Marine Corps Base, Camp Lejeune, North Carolina as the Legal Services Chief. Master Sergeant Yables retired in July In August 2010, started working as a civilian Paralegal Specialist, temporary hire for one year, at the Joint Law Center, Marine Corps Air Station New River, Jacksonville, North Carolina.. Then in April 2012 was rehired as a permanent employee. Member of the Disable American Veterans and have serviced as the Senior Vice Commander and Judge Advocate. Mr. Yables is married to his high school sweetheart Laurie and has one daughter, MaKayla and one son William "Billy". Military decorations include: Navy and Marine Corps Commendation Medal with 3 Gold Stars, Navy and Marine Corps Achievement Medal with 4 Gold Stars, Marine Corps Good Conduct Medal with 1 silver star, National Defense Service Medal with 1 bronze star, Global War on Terrorism Service Medal, Navy Meritorious Unit Commendation with 1 bronze star, Navy Unit Commendation with 1 bronze star, Sea Services Deployment Ribbon and Marine Corps Recruiting Ribbon. Civilian Awards include: Meritorious Civilian Service Medal for being the MCICOM Civilian of the year Certificate of Commendation (6), and MCAS New River Civilian Employee of the Quarter (2d Qtr 2013 and 2d Qtr 2016).
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“Work the program and it will work” TM by William Yables Jr.
Do you have the keys? “Work the program and it will work” TM by William Yables Jr. Give examples of successes….. “Work the program and it will work” TM by William Yables Jr.
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10 key areas to success Appointment letters VWAP Council Training
Website Report Tracking Forms Materials Inspections Requirements Briefly explain what you will be covering: Appointment letters VWAP Council Training Website Report Tracking Forms Materials Inspections Requirements
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1: Appointment Letter Required to be an Officer, SNCO, or civilian member of the commander’s staff of appropriate experience, temperament, and rank. Letter needs to have the following: Name, title (Legal Officer), duty address (include building), and telephone number. Forward a copy of the signed appointment letter and the receiving endorsement to the VWLO or RVWLO within 5 days. Maintain appointment letter from the current year plus three years with your SOP or files. Remember that you can’t be a UVA! Has the COMMCICOM, COMMARFORRES, and regional MCI CGs appointed in writing, by name, title, duty address, and telephone number, a Regional Victim Witness Liaison Officer (RVWLO)? Reference: MCO , encl 3, par 2a(2) Did the installation commander appoint, in writing, by name, title, duty address, and telephone number, an officer or civilian member of the Installation Staff, as a Victim and Witness Liaison Officer (VWLO)? Reference: MCO , encl 3, par 2b(2) Is the VWLO an officer or civilian member of the commander’s staff of appropriate experience, temperament, rank, and not serving in a prohibited legal billet? Reference: MCO , encl 3, par 3b(1) Has the Unit Commander appointed in writing, by name, title, duty address, and telephone number, a VWAC? Reference: MCO , encl 3, par 2c(1) When a Marine Corps confinement facility is located aboard the installation; has the Installation Commander appointed in writing, by name, title, duty address, and telephone number, a confinement facility representative to serve as the confinement facility Victim Witness Assistance Coordinator (VWAC) and representative to the local Victim and Witness Assistance Council? Reference: MCO , encl 3, par 2b(5) Has the VWLO ensured that each organization (battalion/squadron level and above) assigned to the installation, including tenant commands, has appointed a VWAC in writing, by name, title, duty address, and telephone number? Reference: MCO , encl 3, par 3b(4) Has the OIC, Legal Services Support Team (LSST) appointed a Legal Services VWAC in writing, by name, title, duty address, and telephone number? Reference: MCO , encl 3, par 4b(1) Has each law enforcement agency or office aboard the installation appointed a Law Enforcement VWAC to serve on the Victim Witness Assistance Council? Reference: MCO , encl 3, par 4c(1)
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2: VWAP Council Hold quarterly meetings and setup your meetings for an entire year in advance. Conduct training with your council meeting. Update VWAP Council roster as needed. Publish the roster on your website. Ensure all members of the command and service providers have access to this roster. Provide a copy with your annual training. Main focus of the council is on services and the manner in which they are provided! Does the VWLO maintain a list of VWACs, service providers, and SJAs aboard the installation? Are copies of this list provided to all VWACs and service providers? Reference: MCO , Is the Installation Commander ensuring that VWAP representatives aboard the installation are provided the VWLO’s name and phone number? Reference: MCO , encl 3, par 2b(3) encl 3, par 3b(3) Has the Installation Commander established a local Victim and Witness Assistance Council chaired by the installation VWLO? Reference: MCO , encl 3, par 2b(4)
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3: Training Annually train on the following:
What are victim and witnesses rights State compensation program Article 139 complaints Personal Claims Act Transitional Compensation for Abused Family Members What each service provider offers At council meetings: VWAC 101 Inspections Military Justice 101 Military Protection Order Service providers brief and EO brief Has the RVWLO chaired and conducted a semi-annual Regional VWLO meeting to discuss VWAP-related issues? When was the last meeting held? Reference: MCO , encl 3, par 3a(8) Has the RVWLO ensured basic VWAP training is available to all new VWLOs and VWACs? Reference: MCO , encl 3, par 3a(4) Does the VWLO ensure that deploying units receive appropriate VWAP training and information prior to deployment? Reference: MCO , encl 3, par 3b(11)
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4: Website Ensure you have all required documents. Update as needed.
At a minimum, a current directory of installation VWAP personnel, military and civilian programs and services providing counseling, treatment, crime victim compensation funds and other victim support services within the geographic area of the installation Update as needed. Encourage everyone to use it. SharePoint is another great option as well. With the assistance of the local Marine and Family Programs Office; has the Installation constructed and maintained a directory of military and civilian programs, services, and crime victim compensation funds available to victims and witnesses, and ensured the directory is published on the installation’s public website? Reference: MCO , encl 3, par 2b(6) In conjunction with the installation Marine and Family Programs office and SAPR programs, does the VWLO maintain an installation website that includes, at a minimum, a current directory of installation VWAP personnel, military and civilian programs and services providing counseling, treatment, or other victim support services within the geographic area of the installation, and contact information for these programs? Reference: MCO , encl 3, par 3b(6)
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5: Reports Prepare DD Form 2706 and submit report to VWLO within 5 days after the end of the quarter. VWLO report to RVWLO by the 15th. Maintain tracker, report, and for the current year plus three* years with your SOP or files. R/VWLO’s – maintain your tracker, plus all reports submitted to you. SSIC Destroy when business use ceases. * SSIC (3 Yrs) Has the RVWLO compiled and maintained VWAP data and forwarded it to CMC (JMJ) on a quarterly basis? Reference: MCO , encl 3, par 3a(6) Does the VWLO have a process in place to compile and maintain data, and forward data to the Installation Commander in accordance with reporting requirements? Reference: MCO , encl 3, par 3b(10)
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6: Tracker Have a written process on how you are going to track, who received DD Forms , and elect notification via DD Form 2704. Key for 2701: “…if one has not already been provided.” Does the Installation Commander have processes in place to maintain data on the number of victims and witnesses who received DD Forms and elect notification via DD Form 2704? What is the process? Reference: MCO , encl 3, par 2b(8) Has the RVWLO collected and maintained data on the number of victims and witnesses, in the region, who received DD Forms and who elected notification via DD Form 2704? Reference: MCO , encl 3, par 3a(5)
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7: FORMS Forms need to be completely filled out and ready to be handed out at any moment. Forms do not replace genuine services and/or support. Explain that these are the forms used and that they should be completely filled out and ready to hand out at a moments notice.
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Victim Witness Program Four Phases of Assistance
TC will do for SPCM and GCM but the unit will do the for SCM Ensure that V/W have received and if not issue it! TC will pass out Brig does the 2705
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Pretrial / DD Form 2701 Add to VWAP tracker if necessary.
DD Form 2701 provides initial rights advisement, discusses impact of various crimes, explains basic services and notifies V/W where to get further assistance. PMO, CID, or NCIS normally provide V/Ws with DD Form 2701. Always double check to ensure they received it! Trial Counsel, Victim Advocates, UVAs, VLC, Medical, Chaplain, VWACs and VWLO also issue 2701’s. Must ask who gave it to them and when (VWAP Intake Form and for LSSS’s Case Management System) Add to VWAP tracker if necessary. DD Form 2701 provides initial rights advisement, discusses impact of various crimes, explains basic services and notifies V/W where to get further assistance. PMO, CID, or NCIS normally provide V/Ws with DD Form 2701. Always double check and ensure they received it! Trial Counsel, Victim Advocates, UVAs, VLC, Medical, Chaplain, VWACs and VWLO also issue 2701’s. Have to ask who gave it to them and when (VWAP Intake Form and for LSSS’s Case Management System) Add to VWAP tracker if necessary.
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Military Trial Process / DD Form 2702
Prosecution will provide DD Form 2702 upon first contact with victim or witness. DD Form 2702 explains military trial process, gives tips, and restates rights. Includes rights regarding participating in trial process. Also provides VWAP responsible official contact information and prosecutor contact information
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Post Trial / DD Form 2703 Prosecution provides victim or witness with DD Form 2703 upon the finding of guilty at a Special or General court-martial trial or VWAC/Summary court-martial officer for Summary courts-martial. Includes “Right to receive information about the conviction, sentencing, imprisonment, parole eligibility and release of the accused” Provides Contact info for Service Central Repository (CMC PSL (Corrections)), Confinement Facility, Service Clemency and Parole Board and any other necessary agency/office From this point on, the V/Ws POC will be the confinement facility or the Service Central Repository listed on the back of this page.
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Post Trial / DD Form 2704 At the conclusion of every court-martial wherein confinement is adjudged and approved, including SCM, the trial counsel shall complete a DD Form 2704 and provide copies to the confinement facility, victim and witnesses (if requested), and responsible VWAC. Requires election by each V/W whether or not to receive information on confinement status. Provided to victims and witnesses upon request (redacted) These forms (2701-4’s) are never included in the ROT! The DD Form 2704 has personal info of victims and witnesses and should not be shared! At the conclusion of every court-martial in where confinement is adjudged and approved, including SCM the trial counsel shall complete a DD Form 2704 and provide copies to the confinement facility, victim and witnesses if requested, and responsible VWAC Requires election by each V/W whether to receive information on confinement status. Provided to victims and witnesses upon request (redacted) - redacted means to black out others PII information except for the accused info on the front. Recommendation is that you only put one v/w per page. None of these forms (2701-4’s) are never included in the ROT! The DD Form 2704 has personal info of victims and witnesses and should not be shared!
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This is the blotter number, CID or NCIS case number.
Incident number: This is the blotter number, CID or NCIS case number. Victim(s) or Witness(es) certification If CID or NCIS was involved in the case then you will need to add their address and phone number.
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Affiliation and status
Victim(s) or Witness(es) elect to be notified. They must put their initials in the box
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Post Trial Notifications & DD Form 2705
Corrections personnel ensure notifications made to Victims or Witnesses are listed on DD Form if requested. Clemency Eligibility Parole Eligibility Change in status – Parole/Clemency Approved, Released, Deceased, Escaped, Transferred, Work release
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Reporting / DD Form 2706 DoD has annual reporting; however, USMC requires quarterly reporting. Due by the 5th day following the each quarter Due by the 5th day following the each quarter is Mr. Yables requirement.
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8: Materials Obtain and distribute relevant information:
Information you receive from R/VWLO JAGALERT: Code 20 Sidebar To subscribe, Create your own VWAP Pamphlet Keep your s and attachments for inspection purposes. Does the VWLO obtain and distribute relevant information and provide annual training to all VWACs aboard the installation? Reference: MCO , encl 3, par 3b(7)
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9: Inspections R/VWLO inspect your units and service providers yearly
VWAC and service providers should request to be inspected Write a process for each question Maintain your inspection results
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Inspections MCO Functional Area Checklist -The Marine Corps Standard for VWAP
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File maintains Recommendation: 6 Part folder/binder: VWAP Tracker
Quarterly Reports to include the Appointment letter Annual Training with slides and rosters Materials that you have obtain and distributed to include the Inspection results * 3 Highly recommend that you sent up your program this way. File for 3 years just like SSIC (pretrial matters which is 3 years! SSIC Administrative Records maintained in any agency office (VWAP) OPEN CLOSE TEMPORARY: Destroy when business use ceases. The retention period is _?_ years per the ? local SOP ?.
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10: Requirements Read the MCO 5800.14 and know your responsibilities.
Know how to or who will process an Article 139 claim and Personnel Claims Act (PCA). Know what your state Compensation Program offers. Know how to or who will process a Transitional Compensation For Abused Family Members application
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Questions
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