Report Name and Recommendation # Description Recommendation & Status Action

DAC-IPAD Report on Racial and Ethnic Data Relating to Disparities in the Investigation, Prosecution, and Conviction of Sexual Offenses in the Military R-33

Dec  2020

 (DoD) Designate the military personnel system as primary data system for collecting military personnel demographics Recommendation 33: The Secretary of Defense designate the military personnel system as the primary data system in the Department of Defense for the collection of demographic information such as race and ethnicity. All other Department of Defense systems that collect demographic data regarding military personnel, such as the military criminal investigative system and the military justice system, should obtain demographic information on military personnel from the military personnel system. Implementation: (DoD), Acting SecDef Memo. Actions to Improve Racial and Ethnic Diversity and Inclusion in the U.S. Military (Dec. 17, 2020) – Requires a plan to standardize a DoD Human Resources Data System for Diversity and Inclusion Analysis.  Acting SecDef Memo  (Dec. 17, 2020)

DAC-IPAD Report on Racial and Ethnic Data Relating to Disparities in the Investigation, Prosecution, and Conviction of Sexual Offenses in the Military R-34

Dec  2020

 (DoD) Direct the military to uniformly record race and ethnicity in MCIO databases Recommendation 34: The Secretary of Defense direct each Military Department to record race and ethnicity in military criminal investigative organization databases, military justice databases, and military personnel databases using the same racial and ethnic categories. The Secretary of Defense should direct each Military Department to report race using the following six categories: American Indian or Alaskan Native, Asian, Black or African American, Native Hawaiian or Other Pacific Islander, More Than One Race/Other, and White, and to report ethnicity using the following two categories: Hispanic or Latino and Not Hispanic or Latino. Implementation: (Congress) FY 22 NDAA § 549G directs the Services to submit annually to SecDef a report on racial, ethnic and gender demographics in the military justice system from the prior year with statistics on UCMJ offenses and disciplinary actions. SecDef must provide these reports to Congress by April 30 of each year. (DoD) OGC Memo, Recording Court-Martial Demographic Information (June 8, 2020) (DoD) Internal Review Team on Racial Disparities in the Investigative and MJ Systems Report (Aug. 31, 2022). FY 22 NDAA § 549G DoD OGC Memo (June 8, 2020) DoD Internal Review Team on Racial Disparities in the Investigative and MJ Systems Report  (Aug. 31, 2022)

DAC-IPAD Report on Racial and Ethnic Data Relating to Disparities in the Investigation, Prosecution, and Conviction of Sexual Offenses in the Military R-36

Dec  2020

 (DoD) Require Services to track demographic data for victims and subjects throughout the military justice process

Recommendation 36: The Secretary of Defense direct the Military Departments to record and track the race, ethnicity, sex, gender, age, and grade of the victim(s) and the accused for every investigation initiated by military law enforcement in which a Service member is identified as a subject through the final disposition within the military justice system.

Implementation: (DoD) GC Memo, Recording Court Martial Demographic Information (June 8, 2020) (directing collection of race, ethnicity, & gender of accused and victim for every court-martial) (DoD) GC Memo, Revised Uniform Standards and Criteria Required by Article 140a, UCMJ (Jan. 17, 2023) (mandatory data collection fields with race/ethnicity for accused but not victim)

 Incomplete implementation in DoD GC Memos to the Military Depts

Number Brief Description Recommendation and Implementation Status Action DAC-IPAD Report on Racial and Ethnic Data Relating to Disparities In the Investigation, Prosecution, and Conviction of Sexual Offenses in the Military R-37

Dec  2020

 (DoD) Require Services maintain race and ethnicity data of all participants involved in the processing of sexual offense cases

Recommendation 37:  The Secretary of Defense direct the Military Departments to record, beginning in fiscal year 2022, the race and ethnicity of military police and criminal investigators, trial counsel, defense counsel, victims’ counsel, staff judge advocates, special and general convening authorities, preliminary hearing officers, military court-martial panels, military magistrates, and military trial and appellate court judges involved in every case investigated by military law enforcement in which a Service member is the subject of an allegation of a contact or penetrative sexual offense. The source information for these data should be collected from the military personnel databases and maintained for future studies by the DAC-IPAD on racial and ethnic disparities in cases involving contact and penetrative sexual offenses.

Implementation: No response from DoD as of Nov. 2023.

 No action

DAC-IPAD Report on Racial and Ethnic Data Relating to Disparities in the Investigation, Prosecution, and Conviction of Sexual Offenses in the Military R-38

Dec  2020

 (DoD) Require the MJRP to assess race and ethnicity demographics of all participants involved in the military  justice system Recommendation 38:  The Secretary of Defense direct the newly established Military Justice Review Panel to determine whether to review and assess, by functional roles and/or on an individual case basis, the race and ethnicity demographics of the various participants in the military justice process, including military police and criminal investigators, trial counsel, defense counsel, victims’ counsel, staff judge advocates, special and general convening authorities, preliminary hearing officers, military court-martial panels, military magistrates, and military trial and appellate court judges. Implementation: No response from DoD as of Nov. 2023. No action