Report No. DODIG-2015-011

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Report No. DODIG-2015-011I nspec tor Ge ne ralU.S. Department of DefenseOCTOBER 29, 2014Evaluation of the Defense CriminalInvestigative Organizations’ DefenseIncident-Based Reporting SystemReporting and Reporting AccuracyI N T E G R I T Y E F F I C I E N C Y A C C O U N TA B I L I T Y E X C E L L E N C E

I N T E G R I T Y E F F I C I E N C Y A C C O U N TA B I L I T Y E X C E L L E N C EMissionOur mission is to provide independent, relevant, and timely oversightof the Department of Defense that supports the warfighter; promotesaccountability, integrity, and efficiency; advises the Secretary ofDefense and Congress; and informs the public.VisionOur vision is to be a model oversight organization in the FederalGovernment by leading change, speaking truth, and promotingexcellence—a diverse organization, working together as oneprofessional team, recognized as leaders in our field.Fraud, Waste & AbuseHOTLINEDepartment of Defensedodig.mil/hotline 8 0 0 . 4 2 4 . 9 0 9 8For more information about whistleblower protection, please see the inside back cover.

Results in BriefEvaluation of the Defense Criminal InvestigativeOrganizations’ Defense Incident-Based ReportingSystem Reporting and Reporting AccuracyOctober 29, 2014ObjectiveWe evaluated the Defense Criminal InvestigativeOrganizations’ (DCIOs) process for reportingaccurate criminal incident data to DefenseIncident‑Based Reporting System (DIBRS) inaccordance with DoD Manual (DoDM) 7730.47‑M,Volume 1, “Defense Incident-Based ReportingSystem (DIBRS): Data Segments and Elements,”December 7, 2010.1FindingDoD is not reporting criminal incident data tothe Federal Bureau of Investigation (FBI)for inclusion in the annual Uniform CrimeReports to the President, the Congress, Stategovernments, and officials of localities andinstitutions participating in the Uniform CrimeReport Program, as required by Federal law.The FBI uses the data to develop a reliableset of criminal statistics for U.S. lawenforcement agencies.Recommendations The Director, Defense Human ResourcesActivity, (DHRA), provide functionalguidance to Defense Manpower DataCenter (DMDC) and the DIBRS datasubmitters by reestablishing the crossfunctional DIBRS Council to provide a1We limited our review to the three Military CriminalInvestigative Organizations (MCIOs) with accounts in DIBRSand Defense Criminal Investigative Service (DCIS), whichcurrently does not have an account. We did not evaluatethe remaining five DoD Components with accounts in DIBRS.DoDD 7730.47 tasks the DoD OIG with monitoring compliancewith this instruction as it relates to the DCIOs.Recommendations (Cont’d)forum for the exchange of information, bestpractices, and the continuing operation of theDIBRS, as required by DoDM 7730.47‑M, Volume 1. The Director, DHRA, obtain FBI certification forDIBRS, as required by DoDM 7730.47‑M, Volume 1. The Director, DHRA, ensure DIBRS criminalincident data are reviewed and submitted tothe FBI National Incident-Based ReportingSystem for inclusion in the annual UniformCrime Reports, as required by DoDM 7730.47‑M,Volume 1. The Director, DHRA, ensure DIBRS error correctionsare tracked to completion as required byDoDM 7730.47‑M, Volume 1. The Director, Naval Criminal Investigative Service;Commander, Air Force Office of Special Investigations; Director, Defense Criminal InvestigativeService ensure the DIBRS data submittersprovide accurate and complete data submissionswithin 15 workdays after the end of each monthas required by DoDM 7730.47‑M, Volume 1. The Commander, U.S. Army Criminal InvestigativeCommand; Director, Naval Criminal InvestigativeService; Commander, Air Force Office of SpecialInvestigations ensure DIBRS error correctionsare completed within 30 days of DMDC providingnotification as required by DoDM 7730.47‑M,Volume 1.Visit us at www.dodig.milDODIG-2015-011 (Project No. C2013-C003) i

Results in BriefEvaluation of the Defense Criminal InvestigativeOrganizations’ Defense Incident-Based ReportingSystem Reporting and Reporting AccuracyManagement CommentsOverall, the Director, Defense Human Resources Activityconcurred with our recommendation to obtain FBIcertification for DIBRS, as required by DoDM 7730.47‑M,Volume 1. The Commander, U.S. Army CriminalInvestigative Command; Director, Naval Criminalii DODIG-2015-011 (Project No. C2013-C003)Investigative Service; Commander, Air Force Office ofSpecial Investigations and the Director, Defense CriminalInvestigative Service concurred with their respectiverecommendations concerning providing accurate andcomplete data, and completing DIBRS error corrections.

Recommendations TableManagementRecommendationsRequiring CommentNo AdditionalCommentsRequiredThe Director, DHRA1.a, b, c and dCommander, U.S. Army Criminal Investigative Command2.bDirector, Naval Criminal Investigative Service2.a and bCommander, Air Force Office of Special Investigations2.a and bDirector, Defense Criminal Investigative Service2.aDODIG-2015-011 (Project No. C2013-C003) iii

INSPECTOR GENERALDEPARTMENT OF DEFENSE4800 MARK CENTER DRIVEALEXANDRIA, VIRGINIA 22350-1500October 29, 2014MEMORANDUM FOR DIRECTOR, DEFENSE HUMAN RESOURCES AGENCYASSISTANT SECRETARY OF THE AIR FORCE (FINANCIAL MANAGEMENTAND COMPTROLLER)NAVAL INSPECTOR GENERALAUDITOR GENERAL, DEPARTMENT OF THE ARMYSUBJECT: Evaluation of the Defense Criminal Investigative Organizations’ DefenseIncident-Based Reporting System Reporting and Reporting Accuracy(Report No. DODIG-2015-011)This final report is provided for information and use. We evaluated the Defense CriminalInvestigative Organizations’ (DCIOs) process for reporting accurate criminal incident data to theDefense Incident-Based Reporting System (DIBRS) in accordance with DoD Directive 7730.47 andDoD Manual 7730.47 M, Volume 1, “Defense Incident-Based Reporting System (DIBRS): DataSegments and Elements,” December 7, 2010. “Defense Incident-Based Reporting System (DIBRS).We found DoD does not report criminal incident data to the Federal Bureau of Investigation (FBI)as required by the Uniform Federal Crime Reporting Act of 1988 and DoD Directive 7730.47.We considered management comments on a draft of this report when preparing the finalreport. The Director, Defense Human Resources Activity concurred with our recommendation toobtain FBI certification for DIBRS, as required by DoDM 7730.47 M, Volume 1. The Commander,U.S. Army Criminal Investigative Command; Director, Naval Criminal Investigative Service;Commander, Air Force Office of Special Investigations and the Director, Defense CriminalInvestigative Service concurred with their respective recommendations concerning providingaccurate and complete data, and completing DIBRS error corrections.Management’s comments were responsive to the draft and conformed to the requirements ofDoD Directive 7650.3; therefore, additional comments are not required.We appreciate the courtesies extended to the review staff. For additional information on thisreport, please contact Mr. Jeff Bennett, Director of Oversight, (703) 699-5667.Randolph R. StoneDeputy Inspector GeneralPolicy and Oversightiv DODIG-2015-011

ContentsIntroductionObjective 1Background 1Finding. DoD Is Not Reporting Criminal IncidentData to the FBI for Inclusion in the Uniform CrimeReports As Required by Federal Law 4DoD Has Started but Not Completed the Requirements forDIBRS System Certification 4DoD Does Not Have a Process to Ensure DIBRS Submitting AgenciesProvided DIBRS Data 15 Workdays After the End of Each Month 6DIBRS Errors 6Each DCIO Had a Different Process for Correcting DIBRS Errors 7DMDC and the DCIOs Do Not Ensure Corrections to DIBRS SubmissionErrors Are Tracked to Completion 9Conclusion 10Recommendations, Management Comments and Our Response 10AppendixesAppendix A. Scope and Methodology 16Use of Computer-Processed Data 17Prior Coverage 17Appendix B. NIBRS Certification Requirements 18Appendix C. References 20Management CommentsDHRA Comments 23CIDC Comments 25NCIS Comments 26AFOSI Comments 27DCIS Comments 28Acronyms and Abbreviations 29DODIG-2015-011 v

IntroductionIntroductionObjectiveWe evaluated the Defense Criminal Investigative Organizations’ (DCIOs) processfor reporting accurate criminal incident data to the Defense Incident‑BasedReporting System (DIBRS) in accordance with DoD Directive 7730.47,2 andDoD Manual 7730.47‑M, Volume 1, “Defense Incident-Based Reporting System(DIBRS): Data Segments and Elements,” December 7, 2010. Specifically, wefocused on: Whether the DCIOs followed established procedures for reportingincidents to the Defense Manpower Data Center (DMDC); How the DCIOs ensured incidents were correctly reported; How the DCIOs ensured that DIBRS reporting was accurate; and Whether DIBRS criminal incident data reporting complied with Federallaw and DoD policy and guidance.BackgroundThe DoD Office of Inspector General (OIG) initiated this project to evaluatewhether the DCIOs’ DIBRS criminal incident data reporting complied with Federallaw and DoD policy and guidance as set forth in DoD Directive 7730.47 andDoD Manual 7730.47‑M, Volume I.The Uniform Federal Crime Reporting Act of 1988 (28 U.S.C 534 note), as amendedrequires the United States Attorney General to collect and preserve national dataon Federal criminal offenses as part of the Uniform Crime Reports (UCR) Program.The program was conceived in 1929 by the International Association of Chiefs ofPolice to meet the need for reliable uniform crime statistics. The Act directsFederal agencies that routinely investigate complaints of criminal activity to reportdetails about such crimes to the Attorney General. The Federal Bureau ofInvestigation (FBI) was designated as the central collection point for criminalincident data reporting. The FBI’s National Incident-Based Reporting System (NIBRS)2The governing guidance during the period of our review was the standard outlined in DoD Directive 7730.47(certified current as of December 1, 2003). After completing our DIBRS Program review but prior to publishing ourreport, OUSD (P&R) reissued DoD Directive (DoDD) 7730.47 as DoD Instruction (DoDI) 7730.47 (dated January 23, 2014).Not withstanding the issuance of DODI 7730.47, all references in this report are to DoDD 7730.47, which was in effectduring the evaluation period, unless otherwise noted. We analyzed DoDI 7730.47 and found it does not affect the findingsor recommendations we identified during our review.DODIG-2015-011 1

Introduction(its crime reporting system) was designed to collect and store data on each crimeoccurrence and on each incident and arrest within that occurrence. The FBI uses thedata to develop a reliable set of criminal statistics for law enforcement agenciesthroughout the country to use in their administration, operation, and management.Additional data collection and reporting requirements are contained in theVictims’ Rights and Restitution Act of 1990 (49 U.S.C. 10601 note) and theBrady Handgun Violence Prevention Act (18 U.S.C. 921 note).The DCIOs conduct investigations meeting the mandatory data collection andreporting requirements of the Uniform Federal Crime Reporting Act of 1988,Victims’ Rights and Restitution, and Brady Handgun Violence Prevention Acts.DoD Directive 7730.47, “Defense Incident-Based Reporting System (DIBRS),”December 1, 2003, and DoD Manual 7730.47‑M implements those Federallaws.The Directive and the Manual require DoD Components with lawenforcement, criminal investigative, military justice, and corrections functionsto comply with the crime reporting requirements contained in the Acts.3To comply with the requirements, DoD created the DIBRS, a central repositoryof incident‑based statistical data maintained and operated at the DMDC, whichreports to Office of the Under Secretary of Defense (Personnel and Readiness)(OUSD (P&R)). The DIBRS database maintained by the DMDC is the tool the DoDuses to collect and transmit NIBRS reportable criminal incident data for use inthe FBI’s Uniform Crime Report Program.DoD Directive 7730.47 assigned the Under Secretary of Defense for Personneland Readiness (USD[P&R]) responsibility for developing policy for DIBRS and tomonitor compliance with the Directive (see footnote 3).DoD Directive 7730.47 designated the Director of Law Enforcement Policy andSupport (LEPS), Defense Human Resources Activity (DHRA), Office of the UnderSecretary of Defense for Personnel and Readiness (OUSD (P&R)), the PrincipalStaff Assistant for purposes of overseeing DIBRS implementation.32 DODIG-2015-011We limited our review to the three Military Criminal Investigative Organizations (MCIOs) with accounts in DIBRS and theDefense Criminal Investigative Service (DCIS), which currently does not have an account. We did not evaluate the remainingfive DoD Components with accounts in DIBRS. The DoDD 7730.47 tasks the DoD OIG with monitoring compliance with thisinstruction as it relates to the DCIOs.

IntroductionFinally, DoD Manual 7730.47‑M, Volume 1, requires agencies to provide DIBRSwith criminal incident data 15 days after the end of each month. DMDC is requiredto return submissions containing errors with full explanations and descriptionsof the errors. The submitting agency makes corrections and resubmits thedata within 30 days. Submission of errors is required to be tracked to completionby DMDC and the submitting agencies.DODIG-2015-011 3

FindingFindingDoD Is Not Reporting Criminal Incident Data to the FBIfor Inclusion in the Uniform Crime Reports As Requiredby Federal LawAs a result, 10 years of DoD criminal incident data have not been provided tothe FBI for inclusion in the annual uniform crime reports to the President, iesandinstitutionsparticipating in the UCR Program, as implemented in DoD Directive 7730.47and DoD Manual 7730.47‑M, Volume 1.The Uniform Federal Crime Reporting Act of 1988 requires the United StatesAttorney General to collect and preserve national data on Federal criminal offensesas part of the UCR Program. The Act directs Federal agencies that routinelyinvestigate complaints of criminal activity to report details about crimes to theAttorney General.DoD policies such as DoD Manual 7730.47‑M, Volume 1,implements those Federal laws and requires DoD Components with law enforcement,criminal investigative, military justice, and corrections functions to comply with thecrime reporting requirements.DoD Directive 7730.47 required the OUSD (P&R) to ensure that DMDC formulates adata collection mechanism to track and report DIBRS information from initialcontact through investigation, prosecution, confinement, and release and to reportNIBRS data to the FBI.DMDC formulated a data collection mechanism to track and report DIBRSinformation, but DMDC never completed the FBI’s certification requirements toreport NIBRS data to the FBI, which is contrary to DoD Directive 7730.47.DoD Has Started but Not Completed the Requirementsfor DIBRS System CertificationFor an agency to submit criminal incident data to NIBRS for inclusion in theannual uniform crime reports, the FBI’s Criminal Justice Information System (CJIS)Division, Crime Statistics Management Unit, Uniformed Crime Reporting Office, mustfirst certify the agency’s data system.4 DODIG-2015-011

FindingThe CJIS NIBRS Coordinator stated DoD must meet certain criteria in order toobtain system certification. The criteria are: (1) system appropriateness: theagency must provide evidence their NIBRS-reporting system is compatible withthe FBI’s UCR system; (2) update capability and responsiveness: the agency mustdemonstrate its ability to update submissions, meet deadlines, respond to FBIqueries and requests, and correct errors received from the FBI UCR Program ina timely manner; and (3) error rate: requires a sustained error rate of 4 percent orless for three separate data submissions. Refer to Appendix B for additionalinformation on the NIBRS certification requirements.The CJIS NIBRS Coordinator stated DoD does not yet meet criterion (2) updatecapability and responsiveness. He added that a contributing agency must, atminimum, maintain a 2-year (retention period) database of NIBRS submissionsand have the capability to update incidents from the previous calendar year.The CJIS NIBRS Coordinator told us it was his understanding DIBRS contributorssubmit incidents when the case is closed. He also reported it was his understandingif there are errors, DMDC lacks the ability to require the DoD contributors tomodify or correct the data on a closed incident and DMDC is unsure how to resolvethis issue.The DMDC DIBRS Database Administrator confirmed the DoD DIBRS datasystem is not certified by the FBI. He stated in order to obtain FBI certification,DMDC had to provide 3 months of data with a less than 3 percent error rate.The DMDC DIBRS Database Administrator told us they were close to achievingthe 3 percent error rate. According to CJIS, the acceptable error rate is less than4 percent, and DoD is meeting the requirement. The DMDC DIBRS DatabaseAdministrator was also aware that DMDC had to demonstrate the ability tocorrect errors and resubmit corrected or error-free data. The DMDC DIBRSDatabase Administrator did not complete the NIBRS certification due to his beliefthe reporting agencies do not have the resources to retroactively correct data.The DMDC DIBRS Database Administrator stated in October 2012, the issue wasbrought to the attention of the Director of Law Enforcement Policy and Support,DHRA, OUSD (P&R), who has responsibility for oversight of DMDC and the upport,DHRA,OUSD (P&R), reported he was not aware if the DCIOs had sufficient personnel orwhat training each DCIO provided to personnel responsible for DIBRS reporting.DODIG-2015-011 5

FindingDoD Does Not Have a Process to Ensure DIBRSSubmitting Agencies Provided DIBRS Data 15 WorkdaysAfter the End of Each MonthDoD Manual 7730.47‑M, Volume 1, states:All DIBRS data submitters shall prepare reports using the specifiedreporting procedures and submit them 15 workdays after the endof each month.The Director of Law Enforcement Policy and Support, DHRA, OUSD (P&R), isresponsible for developing policy for DIBRS. The Director stated although thereis a requirement for monthly reporting to DIBRS by the MCIOs, it is not an issueif they are a month behind in reporting. We learned DIBRS continuously updatesdatabase information, and data reported a month late gets updated in subsequentmonthly submissions.The DMDC DIBRS Database Administrator stated the submitting agencies reportcriminal incident information to DMDC

(Report No. DODIG-2015-011) This final report is provided for information and use. We evaluated the Defense Criminal Investigative Organizations’ (DCIOs) process for reporting accurate criminal incident data to the Defense Incident-Based Reporting System (DIBRS) in accordance with DoD Directive 7730.47 and

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