Significant event tracker (SET) system

(a)

Establishment

The Secretary of Defense shall establish a SET system to track, report, and summarize individual exposures to traumatic events for the purpose of enabling former members of the Armed Forces, including members of the reserve components thereof, to show evidence of possible traumatic events incurred during their service.(b)

Recording of events

(1)

Responsibility

(A)

Unit commanders

A unit commander may enter reportable events that affect the entire unit and its members or delegate to a leader of a subunit of the unit commander's command the entry of reportable events affecting the subunit.(B)

Individual reporting

A unit commander may choose to delegate event reporting to the individual members of units who are employed as short-term, temporary (less than 30 days) detachments and individual augments which, by the nature of their mission, preclude the persistent inclusion in one common reviewing unit. The delegation may be until a predetermined date such as the end of a deployment or on a 30-day basis, as determined by the unit commander.(C)

Medical treatment facility

A medical treatment facility may directly enter a reportable event affecting a member of the Armed Forces undergoing treatment at such facility for an injury sustained in connection with the event.(D)

Military law enforcement

Military law enforcement may directly enter a reportable event involving victimization or witnessing of a sexual assault.(E)

Reporting of outside incidents

The Secretary of Defense shall issue guidance regarding the entry of reportable events involving members of the Armed Forces that occur while in duty status outside of military installations and are initially reported to local non-military law enforcement or non-military medical treatment facilities.(2)

Included information

Each entry for a reportable event shall include the following information:(A)Name, date, location, and unit.(B)Duty status.(C)Type of event.(D)Whether a physical injury was sustained as a result, and if so, the extent of such injury.(E)Other information as required by the Secretary of Defense.(c)

Verification of events

(1)

Events reported by individuals

(A)

In general

A reportable event entered by an individual member under subsection (b)(1)(B) shall be reviewed by the unit commander for purposes of verifying, contesting, or denying the event.(B)

Verification tools

In reviewing reportable events under subparagraph (A), the unit commander shall use all available verification tools, including Department of Defense reports, unit logs, reports from creditable witnesses such as patrol leaders, and any other evidence deemed appropriate by the unit commander.(C)

Guidance

The Secretary of Defense shall issue guidance designed to ensure that entries submitted to a unit commander for review are handled accurately and in a timely fashion while recognizing the challenges posed by operational tempo and competing time demands.(2)

Events reported by the unit commanders or delegates

Reportable events entered by a unit commander or delegate under subsection (b)(1)(A), other than reportable events involving victimization or witnessing of a sexual assault, shall be submitted directly to the respective unit’s commanding officer for review under subsection (d). Reportable events involving victimization or witnessing of a sexual assault shall be submitted directly to the secure central tracking database under subsection (e).(3)

Events reported by medical treatment facilities

Reportable events entered by medical treatment facilities under subsection (b)(1)(C) shall be submitted directly to the secure central tracking database under subsection (e).(4)

Events reported by military law enforcement

Reportable events entered by military law enforcement under subsection (b)(1)(D) shall be submitted directly to the secure central tracking database under subsection (e).(d)

Command review

(1)

Authority and responsibility

The commanding officer shall have responsibility for reviewing and determining the disposition of a reportable event involving the member submitted pursuant to paragraph (1) or (2) of subsection (c), other than a reportable event involving victimization or witnessing of a sexual assault, and submitting the event and such determination to the secure central tracking database under subsection (e).(2)

Disposition

The commanding officer shall, in accordance with guidance issued by the Secretary of Defense, assign to each such reportable event one of the following designations:(A)Approved, in the case of clear documentation and verification of the facts and the individual’s exposure.(B)Approved/Contested, in the case of clear documentation and verification of the occurrence of the event, but where the commanding officer has reasonable doubt for approval of the reportable event.(C)Denied/Contested, in the case of questionable documentation or verification, but where the commanding officer has reasonable doubt for denial of the reportable event.(D)Denied, in the case of no clear evidence of the facts or the member's exposure.(3)

Non-removal of designation

Each reportable entry reviewed under this subsection shall be entered into the secure central tracking database and may not be removed or deleted, regardless of designation.(e)

Secure central tracking database

(1)

Storage of information

(A)

In general

All reportable events shall be submitted to a secure central tracking database, either indirectly pursuant to subsection (d), or directly pursuant to paragraph (3) or (4) of subsection (c) or, in the case of a reportable event involving victimization or witnessing of a sexual assault, paragraph (2) of subsection (c). The database shall serve as the central repository for all reportable events relating to a member of the Armed Forces, including for purposes of preparing the member's official SET record upon separation from service.(B)

Treatment of information

(i)

Classified and sensitive operations

The secure central tracking database shall include measures to ensure that information related to classified and sensitive operations is coded so as to document the event without violating operational security concerns.(ii)

Sexual assault cases

The secure central tracking database shall include measures to ensure that information related to sexual assault cases in the secure central tracking database is coded in order to protect privacy and to correctly reflect the status, and protect the integrity, of ongoing investigations.(iii)

Confidentiality of individual records

An individual member’s complete SET record and individual entries may not be reviewed by the member's unit commander or the chain of command, and may not be used by anyone for the purpose of evaluating promotion, reenlistment, or assignment issues.(C)

Use by medical treatment facilities

Medical treatment facilities shall be provided access to the secure central tracking database for purposes of entering reportable events under subsection (b)(1)(C) and consulting for diagnoses.(D)

Use by military law enforcement and criminal investigative services

Military law enforcement and criminal investigative services shall be provided general access to the secure central tracking database for purposes of entering reportable events under section (b)(1)(D) and to a limited summary for purposes of diagnosing patterns and trends related to crimes committed inside their jurisdiction. The summary shall not include specific information about events, evidence, or individual members, including private personal information such as names and social security numbers.(E)

Access to individual records for purposes of military and non-military disciplinary and judicial proceedings

An individual member’s complete SET record and individual entries may, with the explicit consent of the member, be reviewed, evaluated, and shared with—(i)in the case of a military disciplinary or judicial hearing or proceeding, the member’s military and civilian legal representative or representatives, unit commander, or military judge for the purpose of addressing concerns related to such hearing or proceeding; and(ii)in the case of a non-military disciplinary or judicial hearing or proceeding, the member’s civilian legal representative or representatives for the purpose of addressing concerns related to such hearing or proceeding.(F)

Unit commander review

(i)

In general

Except as provided in clause (ii), unit commanders may only view individual pending entries that have been submitted to them for review and designation, and may not view previous entries that have already been reviewed and designated.(ii)

Administrative access

Unit commanders may only access entries that have already been reviewed, designated, and entered into the secure central data base by that individual commander in order to correct roster entries for subunits, provide additional post-incident documentation, or take such other administrative actions as may be determined appropriate by the Secretary of Defense. In no instance may such access permit the removal of any entry, regardless of designation.(G)

Statistical analysis and evaluation of unit commanders

(i)

Information sharing

The Secretary of Defense shall issue guidance governing the sharing of SET entry statistics among unit commands and other Department of Defense individuals, offices, activities, and agencies for purposes of analyzing the number and types of entries generated over time. Information so shared may not include specific information about events, evidence, or individual members, including private personal information such as names and social security numbers.(ii)

Evaluation on unit commanders

Unit commanders may not be evaluated by their superiors for the number and types of entries generated by their command, but may be evaluated by their superior officer in the chain of command for the speed and accuracy of their entries, and the review of their entries.(H)

Additional limitations on access

No non-Department of Defense agencies, organizations, or individuals, such as veterans’ service organizations, local law enforcement, judicial courts, or civilian medical treatment facilities, shall be granted access to the secure central tracking database. Department of Defense medical officers may only review an individual member’s entire SET record for the medical purposes set forth in subsection (e)(2)(A) and such other purposes as may be determined appropriate by the Secretary of Defense.(2)

Distribution and control

(A)

Pre-discharge

(i)

Medical retirements

In the case of a member of the Armed Services preparing for medical retirement due to injury or other conditions, the official SET record shall be provided to and used by the Medical Evaluation Board or Physical Evaluation Board.(ii)

Non-medical discharges and retirements

In the case of a member of the Armed Services preparing for a non-medical discharge or retirement, the official SET record shall be reviewed by the medical officer of the member’s parent unit and serve as the basis for any follow-on actions as determined by the medical officer.(iii)

Benefits Delivery at Discharge Claims

In the case of a member of the Armed Services initiating a Benefits Delivery at Discharge (BDD) claim, the BDD Specialist shall be provided with the official SET record in order to file a fully developed claim for the member.(B)

Upon discharge

Upon a member's separation from service in the Armed Forces, including a member of a reserve component thereof, copies of the member's official SET record, including a compilation of all reported events and a summary prepared by an authorizing agent with cleared access to the secure central tracking database, shall be distributed in accordance with the procedures of the military service in which the individual served, including copies to the following recipients:(i)The separating member.(ii)The separating member's Service Personnel File.(iii)The Department of Veterans Affairs, and if specifically designated by the member, the veteran affairs agency of the State that is the separating member's relevant home of record or intended new residence and such other veterans service organization as may be designated by the member.(f)

Sexual assault provisions

(1)

Reporting to military criminal investigative units

A unit commander shall notify the appropriate military criminal investigative service of any reportable event involving the victimization or witnessing of a sexual assault that is either entered or verified by the unit commander or a delegate under subsection (b)(1)(A) or (c)(1), respectively, but shall not provide the reportable event entry to the military criminal investigative service without the consent of the victim or witness reporting such event.(2)

Treatment of false statements and reports

The Secretary of Defense shall prescribe regulations regarding the disposition of reportable events based upon deliberately filed false statements or reports related to victimization or witnessing of a sexual assault. The regulations shall provide that an appropriate authority designated by the Secretary of Defense shall amend the relevant official SET record of the member filing the false statement or report to reflect the falseness of such statement or report.