[Federal Register Volume 61, Number 145 (Friday, July 26, 1996)]
[Rules and Regulations]
[Pages 39072-39080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18476]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army
32 CFR Part 630
Absentee Deserter Apprehension Program and Surrender of Military
Personnel to Civilian Law Enforcement Agencies
AGENCY: Office of the Army Staff Judge Advocate, DOD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of the Army announces a complete revision of
its Military Absentee and Deserter Apprehension regulations to bring
them in line with changes to Army Regulation 190-9, with the same
title. This revision revises provost marshal procedures and
responsibilities for military personnel who are in an absentee or
deserter status and procedures and responsibilities for surrender of
military personnel to civilian law enforcement authorities. These
regulations support the approved parts of the Joint Service Plan for
Deserter Apprehension Program July 1978 and Department of Defense
Directive 1325.2.
DATE: Effective July 26, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey Porter at 681-5078.
SUPPLEMENTARY INFORMATION:
a. This part applies to the Active Army and the U.S. Army Reserve
and
[[Page 39073]]
the Army National Guard when in title 10, United States Code status.
This part is not applicable to members of the Army National Guard
serving on annual training or full-time training duty status under the
provisions of title 32, United States Code.
b. Commanders in overseas areas may deviate from the Federal Bureau
of Investigation National Crime Information Center requirements when
prohibited by--
1. Local conditions.
2. International law including applicable treaties or agreements
with foreign governments.
c. The provisions of subpart G of this part apply only to soldiers
listed in paragraph a. above who are sought by Federal, State, or local
law enforcement officials. The authority of U.S. military officials to
apprehend, detain, and deliver U.S. personnel to the authorities of a
host nation or other foreign country are governed by the provisions of
applicable international agreements, United States, and host nation
law, Army Regulation 27-50, Status of Forces Policies, Procedures and
Information, and the directives of the overseas command.
Executive Order 12291
This rule is not a major rule pursuant to EO 12291, Federal
Regulation, dated February 17, 1981.
Regulatory Flexibility Act
The Regulatory Flexibility Act has no bearing on this rule.
Paperwork Reduction Act
This rule does not contain reporting or recordkeeping requirements
subject to the Paperwork Reduction Act.
List of Subjects in 32 CFR Part 630
Law enforcement officers, Military law, Military personnel,
Prisons.
Accordingly, 32 CFR part 630 is revised to read as follows:
PART 630-ABSENTEE DESERTER APPREHENSION PROGRAM AND SURRENDER OF
MILITARY PERSONNEL TO CIVILIAN LAW ENFORCEMENT AGENCIES
Sec.
Subpart A--Purpose
630.1 Purpose.
630.2 References.
630.3 Explanation of abbreviations and terms.
630.4 Responsibilities.
Subpart B--Absent Without Leave
630.5 Notification.
630.6 Surrender to unit commanders.
630.7 Surrender or apprehension other installations.
Subpart C--Desertion
630.8 Administrative report.
630.9 Processing deserter reports.
630.10 Special category absentees.
630.11 Escaped prisoner.
630.12 USADIP procedures.
Subpart D--Return to Military Control
630.13 AWOL/deserter apprehension efforts.
630.14 Use of escorts.
630.15 Verification of deserter status.
630.16 Surrender or apprehension on parent installation.
630.17 Surrender or apprehension at another installation.
630.18 Surrender or apprehension off an Army installation.
630.19 Deserters and defectors in foreign countries.
630.20 Escaped military prisoner.
633.21 Other armed services deserters.
633.22 Transportation.
Subpart E--Civilian Correctional or Medical Facilities
630.23 Military detainer.
630.24 Action on return to military control.
630.25 Civilian detention facilities.
630.26 Costs of civilian detention facilities.
Subpart F--Payment of Rewards and Reimbursements
630.27 Rewards.
630.28 Reimbursement payments.
630.29 Documentation.
Subpart G--Surrender of Military Members to Civilian Law Enforcement
Officials
630.30 Overview.
630.31 CONUS.
630.32 Responsibilities.
Figure 630.1 of Part 630--Sample Military Detainer
Appendix A to Part 630--References.
Appendix B to Part 630--Glossary.
Authority: 10 U.S.C. 801 through 940; Manual for courts-martial,
U.S. 1995 revised addition as amended; sec 709, Pub L. 96-154,
Defense Appropriation Act. 93 Stat. 1153.
Subpart A--Purpose
Sec. 630.1 Purpose.
This part provides policies and procedures for--
(a) Reporting absentees and deserters.
(b) Reporting special category absentees.
(c) Reporting political defectors.
(d) Use of automated law enforcement telecommunications.
(e) Apprehension and processing of absentees and deserters.
(f) Surrender of military personnel to civilian law enforcement
authorities.
Sec. 630.2 References.
Required and related publications and referenced forms are listed
in appendix A to this part.
Sec. 630.3 Explanation of abbreviations and terms.
Abbreviations and special terms used in this regulation are
explained in the glossary.
Sec. 630.4 Responsibilities.
(a) The Deputy Chief of Staff for Operations and Plans (DCSOPS) is
responsible for establishing law enforcement policy and procedures for
the military absentee and deserter apprehension programs. The DCSOPS
will--
(1) Exercise staff supervision over Army law enforcement
activities.
(2) Integrate operational control of the National Crime Information
Center (NCIC) elements at the U.S. Army Deserter Information Point
(USADIP).
(3) Provide operational control of the NCIC elements at the USADIP.
(4) Be the Department of the Army point of contact for the Federal
Bureau of Investigation (FBI) on absentee and deserter apprehension
policy matters.
(b) The Deputy Chief of Staff for Personnel (DCSPER) is responsible
for establishing personnel policy on absentees and deserters and will--
(1) Exercise staff supervision over the USADIP.
(2) Develop programs to assist commanders in deterring absenteeism.
(3) Evaluate statistical profile data furnished by the Commanding
General (CG), U.S. Total Army Personnel Command (PERSCOM) and CG, U.S.
Army Personnel Information Systems Command (PERSINSCOM).
(c) Commanders of major Army commands (MACOMs) will--
(1) Supervise reporting and coordinate Army programs for the return
to military control (RMC) of absentees, deserters, defectors, and
special category absentees.
(2) Ensure deserters returned to military control are reported IAW
this part to end apprehension actions.
(3) Provide military police support for the return of special
category absentees and deserters from foreign countries to the
Continental United States (CONUS) when required.
(4) Assist in the return of soldiers to overseas commands under
status of forces agreement.
(5) Assure that recommended changes to Army Regulation 5-9 are
proposed and coordinated with other MACOMs.
(d) Commanding General, U.S. Army Criminal Investigation Command
(USACIDC) is responsible for--
(1) Entering and clearing subjects of USACIDC investigations and
special category absentees reported by overseas commanders in the NCIC
wanted person file.
[[Page 39074]]
(2) Coordinating retrieval of records through the Director, U.S.
Army Crime Records Center (USACRC) from the Defense Investigative
Service (DIS) for special category absentees.
(e) Commander, U.S. Army Enlisted Records and Evaluation Center
(USAEREC) will--
(1) Receive documentation and provide verification of reports of
desertion and return to military control.
(2) Maintain a centralized deserter data base for deserter
statistical reporting requirements from the Automated Personnel
Accounting System.
(3) Maintain management data received on DD Form 616 (Report of
Return of Absentee) to identify--
(i) The number of deserters returned to military control monthly.
(ii) The mode of return (surrender to or apprehended by military
authorities, Department of Defense civilian police, civilian
authorities, or FBI).
(iii) Cases administratively closed (death, discharge, erroneous
entry, and so forth). Date should be recorded in the processing month
to hasten report compilation.
(f) Chief, U.S. Army Deserter Information Point will--
(1) Verify and document reports of desertion and return to military
control.
(2) Maintain a central deserter data base.
(3) Provide data to DCSOPS, DCSPER, CG, PERSCOM and CG, PERSINSCOM,
as required.
(4) Complete cross checks against the Army Enlisted Master File
(EMF), Joint Service Software, and other data systems to prevent false
apprehension.
(5) Query other Army automated personnel files to prevent mistaken
reports of desertion.
(6) Provide DD Form 553 (Deserter/Absentee Wanted by the Armed
Forces) and DD Form 616 (Report of Return of Absentee) to military and
civilian law enforcement authorities, to include the FBI when
appropriate.
(7) Advise U.S. Department of State, Deputy Assistant Secretary for
Passport Services, of U.S. Army alien deserters who are known or
suspected to have entered a foreign country, return to military
control, or are discharged in absentia.
(8) Enter wanted information into the NCIC.
(g) All Army installation commanders with active Army manpower
assets have responsibilities for reporting and returning deserters to
military control.
(1) Coordinating installation commanders return of deserters to
military control within their designated areas of responsibility.
(2) Supporting installation commanders have responsibility for all
locations within 50 miles of their respective installations. When
efficiency and economy demand, these distances can be increased or
diminished as determined between the coordinating installation and the
supporting installation.
(h) Installation provost marshals will endeavor or resolve
procedural arrangements at the lowest command level IAW AR 5-9.
Subpart B--Absent Without Leave
Sec. 630.5 Notification.
The unit commander notifies the local provost marshal within 24
hours after a soldier has been reported absent without leave (AWOL).
Special category absentees are reported as deserters IAW Sec. 630.10 of
this part.
(b) On receipt of an AWOL report, the provost marshal initiates a
DA Form 3975 (Military Police Report) and a corresponding blotter entry
on DA Form 3997 (Military Police Desk Blotter).
Sec. 630.6 Surrender to unit commander.
If an AWOL soldier surrenders to the parent unit the following
procedures apply:
(a) The unit commander immediately notifies the Provost Marshal
that the soldier has returned.
(b) The provost marshal finalizes the DA Form 3975 and makes a
reference blotter entry. The provost marshal forwards DA Form 3975 and
4833 (Commander's Report of Disciplinary or Administration Action) with
an appropriate suspense date through the appropriate field grade
commander to the unit commander for action.
(c) The unit commander reports action taken to the provost marshal
on DA Form 4833 not later than the assigned suspense date.
Sec. 630.7 Surrender or apprehension at other installations.
(a) If an AWOL soldier surrenders to or is apprehended by a provost
marshal other than the parent installation, the apprehending provost
marshall
(1) Issues DD Form 460 (Provisional Pass) IAW AR 190-45, paragraph
5-2, and verbal orders to the solider to return to their proper
station. The DD Form 460 and transportation requests are used instead
of an escort if there is a reasonable expectation that the soldier will
comply. Express mail may be used to forward the DD Form 460 to the
absentee. DD Form 460 will not be required if the provost marshal
elects to return the soldier through different means.
(2) Prepares and forwards DA Forms 3975 and 4833, along with a copy
of DD Form 460 to the parent installation provost marshal.
(b) The parent installation provost marshal--
(1) Completes a reference blotter entry reflecting the AWOL
soldier's RMC.
(2) Forwards DA Form 3975 and DA Form 4833, with an appropriate
suspense, through the field grade commander to the unit commander.
(3) On return of the completed DA Form 4833 from the unit
commander, forwards the original and one copy of the form to the
apprehending provost marshal. The parent installation Provost Marshal
may retain a copy of DA Form 3975 and DA Form 4833 pertaining to the
case.
Subpart C--Desertion
Sec. 630.8 Administrative Report.
(a) The unit commander administratively classifies an absentee as a
deserter and completes DD Form 553 when one or more of the following
applies:
(1) The facts and circumstances of the absence, without regard to
the length of absence, indicates that the soldier may have committed
the offense of desertion, as defined in articles 85 and 86 of the
Uniform Code of Military Justice (UCMJ).
(2) The soldier has been AWOL for 30 consecutive days.
(3) The soldier, without authority, has gone to or remains in a
foreign country and while in the foreign country has requested, applied
for, or accepted any type of asylum or resident permit from the
country, or any governmental agency.
(4) The soldier has returned to military control and departs absent
prior to completion of any administrative or judicial action for a
previous absence.
(5) The soldier escapes from confinement.
(6) The soldier is a special category absentee.
(b) The unit commander promptly reports deserters to the provost
marshal via DD Form 553 per AR 630-10, chapter 3.
Sec. 630.9 Processing deserter reports.
(a) On receipt of reports of desertion or defectors, the Provost
Marshall completes a blotter entry per AR 190-45, paragraph 4-6b. This
is an initial blotter entry if a previous absentee entry had not been
made.
(b) The Provost Marshal then--
(1) Ensures that the unit commander has accurately completed DD
Form 553.
(2) Screens installation and state vehicle registration and
completes
[[Page 39075]]
identification portions of the DD Form 553.
(3) In the remarks section of DD Form 553 adds other known
information about the soldier such as:
(i) Confirmed or suspected drug abuse.
(ii) History of violence.
(iii) History of escapes or attempted escapes from custody.
(iv) Suicidal tendencies.
(v) Suspicion of involvement in violent crimes for which there is a
record of an active military police investigation being prepared and
forwarded.
(vi) History of other unauthorized absence.
(vii) Any other information in the apprehension process or to
protect the deserter or apprehending authorities.
(4) Initiates a DA Form 3975, if not previously completed as an
AWOL report, and assigns a USACRC Crime Control Number to the case.
(5) Returns the completed DD Form 553 to the unit commander within
24 hours. The provost marshal retains a copy of the DD Form 553.
(6) Follows the procedures in section 630.8 of this part for
special category absentees.
(c) Within 48 hours of the soldier being dropped from the rolls
(DFR) of the unit, the unit commander forwards the DD Form 553, with
associated documents, through the Personnel Service Battalion to
Commander, U.S. Army Enlisted Records Center, ATTN: PCRE-RD,
Indianapolis, Indiana 46249-5300.
Sec. 630.10 Special category absentees.
Commanders of absent soldiers assigned to special mission units and
soldiers who have had access to top secret information during the 12
months preceding the absence immediately report the soldier as a
deserter regardless of the length of absence. On receipt of a special
category absentee the provost marshal--
(a) Immediately completes the procedures in Sec. 630.6 of this
part.
(b) Queries the NCIC missing person, interstate identification, and
unidentified person files for a possible match using the absentee's
identifying information (Social Security Number, date and place of
birth, and physical description) to determine if he or she has been
previously entered into the NCIC.
(c) Enters the soldier into the NCIC wanted file after determining
the soldier has not been entered previously. Outside continental United
States (OCONUS) Provost Marshal NCIC entries are completed by sending a
copy of the DD Form 553 to the USACRC facsimile machine Defense System
Network (DSN) 656-0395 or commercial (301) 806-0395. OCONUS Provost
Marshals who do not have facsimile equipment express mail the DD Form
553 to Director, USCRC, ATTN: CICR-ZA, 6010 6th Street, Fort Belvoir,
VA 22060-5585.
(d) Requests the assistance of the Director, USACRC, in obtaining
pertinent information from security records maintained by the DIS.
(e) Requests assistance of the U.S. State Department, in
identifying and suspending existing passports and pending applications
pertaining to the deserter. This includes transmitting a copy of the DD
Form 553 by facsimile or express mail to the U.S. State Department,
Deputy Assistant Secretary for Passport Services, ATTN: CA-PPT-C,
McPherson Building, 1425 K Street NW., Washington DC 20524. A point of
contact in the provost marshal office must be provided for the U.S.
State Department. The facsimile commercial telephone number is (202)
326-6271.
(f) Notifies USACIDC, local FBI office, and local and State law
enforcement agencies of the soldier's absence to establish an
investigative task force. The task force acts as the focal point in
collecting and disseminating information obtained through investigative
activity.
(g) Requests assistance from the nearest Air Force Office of
Special Investigation (OSI) to determine if the absentee has been
granted passage on a Military Airlift Command (MAC) Flight.
Notification is also made to Headquarters, MAC, to deny passage on a
MAC, flight by calling Office of Special Investigations, Scott Air
Force Base, Illinois, DSN 576-5413 or commercial 618-256-5413.
(h) Transmits an electronic alert through the National Law
Enforcement Telecommunications Systems (NLETS) to broadcast within the
State, a specific State, and or regional broadcast (contiguous five
States). NLETS messages must include the deserter's complete name,
social security number, date and place of birth, physical description,
and a statement that an entry has been made into the NCIC.
(i) Coordinates with the Office of the Staff Judge Advocate to
obtain search warrants, court orders, or subpoenas for searches of the
deserter's residence, financial, credit card, postal, telephone,
insurance, housing utilities, civilian medical records, and access to
commercial land, air and sea transportation records.
(j) Cancels the NCIC entry when notified by Chief, USADIP that the
deserter packet has been received and the Chief, USADIP, is prepared to
assume responsibility as the point of contact for verification of
deserters.
Sec. 630.11 Escaped prisoner.
(a) An escaped prisoner whose discharge has not been executed is
administratively classified as a deserter. The installation Provost
Marshal--
(1) Requests assistance from civilian law enforcement agencies
including the FBI.
(2) Forwards copies of DD Form 553 to Chief, USADIP, showing
distribution with Item 10 marked ``N/A.''
(3) Enters a temporary warrant into the NCIC.
(b) An escaped military prisoner whose discharge has been executed
and who is not under the custody of the U.S. Attorney General is
reported as an escaped military prisoner, not a deserter. The custodian
of an escaped military prisoner's personnel records prepares DD Form
553 clearly stating in items 12 and 19 that the individual is an
escaped military prisoner. The DD Form 553 is sent to the installation
provost marshal. A temporary warrant is entered into the NCIC by the
installation provost marshal.
Sec. 630.12 USADIP procedures.
(a) The Chief, USADIP--
(1) Verifies information on the DD Form 553 with permanent personal
records at the USAEREC.
(2) Enters the soldier's name into the NCIC.
(3) Forwards a copy of the DD Form 553 to all Federal, State and
local law enforcement agencies who may be involved in the apprehension
process.
(4) Forwards a copy of DD Form 553 to the provost marshall nearest
the deserter's home of record.
(5) Forwards a copy of the DD Form 553 to the USACRC, ensuring the
USACRC control number is legible.
(b) The Army entry into the NCIC wanted person file normally is
generally sufficient to support civilian police apprehension
assistance.
Subpart D--Return to Military Control
Sec. 630.13 AWOL/deserter apprehension efforts.
The return of absentees to military control is a command
responsibility. Military police will generally not be committed to
proactive efforts to apprehend AWOL soldiers or deserters except when
the provost marshal determines that such efforts are warranted by
specific circumstances. Examples of instances when such effort is
warranted include when the AWOL soldier or deserter is wanted as the
[[Page 39076]]
subject of additional more serious charges or is a special category
absentee as defined in Sec. 630.8 of this part.
Sec. 630.14 Use of escorts.
(a) Commanders and provost marshals must ensure that the most
economical and efficient means are used to return surrendered or
captured absentees to their parent unit or personnel control facility
as appropriate. For example, alternatives such as express mailing of DD
Form 460 and a transportation request may be used instead of an escort
if there is a reasonable expectation that the absentee will comply.
(b) The use of escorts should be considered if--
(1) There is not a reasonable expectation that the absentee will
not comply.
(2) The absentee is a special category absentee IAW Sec. 630.8 of
this part.
(3) The absentee is pending serious criminal charges.
(4) The absentee is in the custody of a civilian law enforcement
agency that is not willing to assist in processing the absentee by mail
or similar means.
(c) When escorts are deemed necessary, consideration should be
given to using noncommissioned officers from the parent unit before
committing military police manpower.
Sec. 630.15 Verification of deserter status.
(a) When a person claims to be a deserter from the U.S. Army, the
first receiving military authority must advise the person of his or her
right per article 31 UCMJ and provide as much of the following data as
possible to the provost marshal:
(1) Name.
(2) Social security number.
(3) Date and place of birth.
(4) Home of record.
(5) Date and place of enlistment, date of alleged absence, and unit
of assignment.
(b) The provost marshal immediately completes a check of the NCIC
and USADIP to confirm the deserter status. Deserter felon checks
require:
(1) The full name of the person.
(2) Social security number.
(3) Date of birth.
(4) Place of birth.
(5) Military service number if different from the social security
number.
(c) When necessary to establish identity at the request of the
Chief, USADIP, the installation provost marshal forwards DD Form 369
(Police Record Check) with a complete set of fingerprints to the
Commander, U.S. Army Enlisted Records Center, ATTN: PCRE-RD,
Indianapolis, IN 46249-5301. The fingerprints must also be accompanied
by DD Form 616 in quadruplicate. In Item 9 of the DD Form 616 note:
``For Information Only--Fingerprints attached.'' The Chief, USADIP
forwards the fingerprint record to the FBI Identification Division,
Washington, DC 20537-8700 for fingerprint comparison and
identification.
(d) In the event the status of the individual can not be
immediately determined, the individual will not be detained. The
Provost Marshal obtains information on how to contact the person once
their status has been determined. On verification of status as absent
or desertion, Chief, USADIP, provides instructions to the provost
marshal returning the individual to military control.
Sec. 630.16 Surrender or apprehension on parent installation.
(a) The parent installation provost marshal--
(1) Verifies the deserter's military status IAW Sec. 630.13 of this
part.
(2) Coordinate between appropriate levels of command on RMC (time,
date, and location).
(3) Initiates a reference blotter entry changing the absentee's
status from deserter to return to military control.
(4) Prepares and submits DD Form 616 to Chief, USADIP. The USACRC
control number assigned to the DD Form 553 is included in the remarks
section of DD Form 616.
(5) Prepares DA Form 3975, 2804 (Crime Records Data Reference) and
4833. The USACRC control number assigned to the DD Form 553 is also
used on these forms.
(6) Forwards the original DA Form 3975 and 2804 to the Director,
USACRC.
(7) Forwards three copies of DA Form 4833, with an appropriate
suspense date, and one copy of DA Form 3975 to the PCF commander or
installation commander processing the deserter.
(8) On receipt of the completed DA Form 4833 forwards the original
to Director, USACRC.
(b) Should the deserter surrender to the original unit of
assignment, the unit commander immediately notifies the provost marshal
of the deserter's return. The provost marshal completes the processing
in paragraph (a) of this section.
Sec. 630.17 Surrender or apprehension at another installation.
(a) The provost marshal follows the procedures in Sec. 630.17 and
obtains the USACRC control number from Chief, USADIP for use in
completing the DD Form 616 and DA Form 2804, 3975, and 4833.
(b) The unit commander requesting return of the absentee completes
arrangements for escorting the absentee, if required. Other absentees
are sent to a PCF.
Sec. 630.18 Surrender or apprehension off an Army installation.
Commanders located off an Army installation--
(a) Notify the major Army command or coordinating installation
provost marshal, within whose area of responsibility the activity is
located.
(b) Furnish the coordinating installation provost marshal all
available information on the absentee or deserter.
(c) Issue a DD Form 460 and direct the person to proceed to the
nearest Army installation with facilities for processing deserters. If
appropriate, express mailing of DD Form 460 and a transportation
request may be used.
(d) Forward a copy of the DD Form 460 to Commander, U.S. Army
Enlisted Records and Evaluation Center, ATTN: PCRE-RD, 8899 East 56th
Street, Indianapolis, IN 46249.
(e) Follow up to ensure that all absentees and deserters are
returned to military control.
Sec. 630.19 Deserters and defectors in foreign countries.
(a) Army deserters and defectors in foreign countries are
apprehended only in accordance with applicable Status of Forces or
other station agreements, AR 27-50, U.S. and host country law, and the
directives of the overseas command.
(b) Direct coordination between all major overseas commanders, U.S.
Air Force, U.S. Navy, U.S. Marine Corps and CONUS installations is
conducted to coordinate information for return of deserters or
defectors to military control. Defectors and special category absentees
must be escorted from the time of their return to military control to
the installation or PCF with area of responsibility for processing
deserters. Deserters returned to military control are processed under
procedures set by the major overseas commander.
(c) When a deserter or defector is reported to have been returned
to military control at another service installation, the Army area
provost marshal arranges for return of the deserter to U.S. Army
custody. Maximum use of the DD Form 460 should be made.
(d) When absentees and deserters in foreign countries are scheduled
to depart or are to be deported from foreign countries, the Military
Assistance Advisory Group (MAAG) mission or attache notifies Chief,
USADIP, and if
[[Page 39077]]
known the appropriate major commander, ATTN: Provost Marshal.
Notification should be completed in advance for coordination of
operational military police actions. The notice includes the--
(1) Name, grade, and social security number of the absentee.
(2) Date, time (local), and place of departure from the foreign
country.
(3) Mode of transportation and designation of the carrier.
(4) Date, time and place of arrival in CONUS or where U.S.
Authorities have jurisdiction to apprehend the absentee or deserter.
(5) Unit in which the individual is or was last assigned.
(6) Length of time in foreign country.
(7) Physical and mental condition and attitude of the absentee or
deserter.
(8) Charges by military or civil authorities.
(9) Intelligence interest.
Sec. 630.20 Escaped military prisoner.
(a) When an escaped military prisoner is returned to military
control, the provost marshal--
(1) Notifies the commander of the confinement or correctional
facility from which the prisoner escaped.
(2) Completes and forwards DD Form 616 to Chief, USADIP.
(b) Unless otherwise directed by HQDA (DAMO-ODL), or the Commander,
U.S. Army Disciplinary Barracks (USDB), prisoners who escape from the
USDB are returned to the USDB. The commander of the installation to
which the prisoner is returned provides guards and transportation to
the nearest supporting confinement facility to return the prisoner to
the USDB.
(c) Escapees from other U.S. Army correctional activities are
returned to the confinement or correctional facility from which the
prisoner escaped unless otherwise directed by HQDA (DAMO-ODL).
(d) The chief, USADIP forwards DD Form 616 to recipients of DD Form
553.
Sec. 630.21 Other armed services deserters.
(a) Requests for status of alleged deserters from other Armed
Services may be made through an inquiry in the NCIC. When the response
from the NCIC is negative, the following appropriate Service may be
contacted:
(1) U.S. Air Force. Commander, U.S. Air Force Military Personnel
Center, Randolph Air Force Base, TX 78150-6001, DSN 487-5118.
(2) U.S. Navy. Commander, Naval Military Personnel Command, Code
NMPC-843, Washington, DC. 20370-5643, DSN 224-2551 or commercial, toll
free 1-800-336-4974.
(3) U.S. Marine Corps. Commandant of the Marine Corps, Corrections
Branch (MHC), Headquarters, U.S. Marine Corps, Building 2008, MCCDC,
Quantico, VA 22130-5000, DSN 278-3976.
(b) When Army absentees or deserters are received from civil
authorities in CONUS, all military absentees, and deserters, regardless
of the military service to which they belong, are transported at the
same time.
(c) Unless there are specific arrangements among the military
services, the following applies when Army personnel take custody of
absentees or deserters from civil authorities in CONUS:
(1) Notify the other military authorities in advance that the
individual will be taken into custody and delivered to the nearest
military installation having facilities to process absentees or
deserters.
(2) When custody cannot be affected, notify the nearest
installation of the service concerned that the person will remain in
civilian custody.
(d) Absentees and deserters from the other services and the Coast
Guard may be received at any U.S. Army installation which has
facilities for reception and custody. They are transferred immediately
to the nearest appropriate installation of the Service. Commanders of
troops on maneuvers or on the march are exempt from the responsibility
for taking custody of absentees and deserters. They may, however,
accept absentees or deserters if necessary and return them to the
custody of their Service.
Sec. 630.22 Transportation.
(a) If commercial transportation is necessary:
(1) The responsible transportation office arranges for movement per
AR 55-355.
(2) Cost and speed of transportation are considered.
(3) International and CONUS travel is arranged only on U.S.
commercial air carriers flying regularly scheduled routes, certified
route carriers, supplemental air carriers, or charter air taxi
operations.
(4) Military personnel escorting absentees or deserters must comply
with commercial air carrier rules and with AR 190-47.
(5) Expenses (transportation, reward payment, reimbursement to
civilian law enforcement authorities) associated with the return of
absentees or deserters to their proper station are chargeable to the
Military Personnel, Army Appropriation. Commanders are authorized to
make charges against these accounts for the transportation of escorts
and the deserter and for payment of required or reimbursement when the
returnee is delivered to an installation or detained for military
authorities.
(6) The approving authority reviews paid travel and per diem
vouchers for efficiency, economy, and accuracy in statements of travel
performed. When feasible, one-day return travel should be used to
reduce costs.
(b) Transportation expenses for use of guards to return absentees
or deserters to their proper station or to military authorities are
charged to the budget activity account ``Other Military Personnel
Costs.''
Subpart E--Civilian Correctional or Medical Facilities
Sec. 630.23 Military detainer.
(a) Military detainer (see sample detainer at Figure 630.1 of this
part) must be placed when a soldier is being held by civilian
authorities and release of the soldier is not imminent. The
installation commander or provost marshal may initiate a detainer. The
purposes for filing a detainer are to--
(1) Officially inform civilian authorities that any Army soldier is
in their custody and military authorities want to assume custody at
release.
(2) Request military authorities be kept advised on the status of
actions taken by civilian authorities.
(3) Permit military authorities to monitor the person's military
status while in civilian custody.
(b) A detainer is canceled when the person is released to military
custody.
(c) If an AWOL or DFR individual is being detained by civilian
authorities the military police
(1) Notify the proper installation commander or coordination
authority at once that the individual--
(i) Is being detained by civilian authorities on civil or criminal
charges.
(ii) Is committed to a civilian medical facility.
(2) Place a military detainer with the civilian law enforcement
agency and inform the installation commander or coordinating authority
of--
(i) Changes or medical problems concerning the absentee.
(ii) Probable length of detention by civilian authorities.
Sec. 630.24 Action on return to military control
(a) The military authority first receiving or apprehending the
absentee or deserter, or receiving word of their detention by civilian
authorities, immediately contacts the installation or area provost
marshal and provides the following data.
[[Page 39078]]
(1) Name, grade, and social security number of the absentee.
(2) Date absence began and unit from which absent.
(3) Absentee, deserter, or escaped prisoner status.
(4) Date, place, and military unit or civilian agency where the
person was apprehended, surrendered, or detained.
(5) Unit to which the absentee or deserter will be assigned or
attached on return.
(b) When military law enforcement personnel are the first military
authority receiving a report of an AWOL or DFR person's apprehension or
surrender the following actions are also taken:
(1) Initiate an inquiry with the NCIC. When the NCIC inquiry shows
the individual is wanted by civilian law authorities for a criminal
offense, immediately contact the civilian agency. Advise the civilian
agency of the individual's location and where the return to military
control will be made. Place the results in item 9 of DD Form 616 and
send it to the commander receiving the returnee. All Army returnees
wanted for a criminal offense other than AWOL or desertion are reported
to Commander, U.S. Army Criminal Investigation Command, ATTN: CICR-ZA,
6010 6th Street, Fort Belvoir, VA 22060-5585 to ensure that military
law enforcement investigations or criminal charges are not pending.
(2) When the individual is not wanted for a criminal offense,
coordinate RMC with the appropriate military personnel office and take
action in paragraph (c) of this section.
(c) Absentees and deserters being held temporarily by civilian
authorities are returned to military control as soon as possible.
Military authorities should strive to return absentees or deserters to
military control within 48 hours after being notified of their
whereabouts and impending release.
Sec. 630.25 Civilian detention facilities.
(a) When necessary, civilian detention facilities may be used to
temporarily detain absentees, deserters or escaped military prisoners.
Contracts providing for payment of actual costs for detention may be
made with state or county jails that have been approved by the Bureau
of Prisons. U.S. Department of Justice information about approved
facilities is available from the nearest U.S. Marshal's office.
(b) Contracts must contain standards of treatment of military
prisoners per AR 190-47. The Federal Acquisition Regulation (FAR), The
Federal Acquisition Supplement (FAS), and the Army Procurement
Procedure Supplement (APPS) govern these contracts.
Sec. 630.26 Costs of civilian detention facilities.
(a) Civilian authorities may be reimbursed according to contracts
for temporary detention after military authorities have assumed
custody. It does authorize payment from the date further detention was
requested. This does not authorize payment for subsistence and
detention for the same period for which a reward was authorized. This
does not preclude payment of reward or reimbursement for reasonable
expenses for periods before delivery to military custody. Detained
officers receiving basic allowance for substance (BAS) are charged the
cost of substance.
(b) Costs incurred by the Army for detention under an Army contract
are paid to the civilian facility. Any payment to the Army by another
Armed Service must be by prior agreement between the commanders
concerned.
Subpart F--Payment of Rewards and Reimbursements
Sec. 630.27 Rewards
(a) Receipt of an authorized communication, oral or written (for
example DD Form 553 and entry into the NCIC) from a military or Federal
law enforcement official or agency, requesting cooperation in the
apprehension or delivery to military control of an absentee or deserter
wanted by the Armed Forces constitutes the basis for a reward.
(b) A reward can be paid to an eligible person or agency who
apprehends and detains an absentee or deserter until military
authorities assume control. The finance and accounting officer
designated by the MACOM commander pays the claimant. If two or more
eligible persons or agencies are entitled to a reward, the payee may
divide the payment among the participants. Payment for an apprehension
effected jointly by an eligible and ineligible person or agency may be
claimed by the eligible person or agency. Ineligible persons may not
share in payments.
(c) Payment of a reward to persons or agencies is authorized as
indicated below:
(1) A reward for apprehension and detention of an absentee or
deserter until military authorities assume custody.
(2) A reward for apprehension of an absentee or deserter and
subsequent delivery to a military installation with facilities to
receive and process absentees and deserters.
(d) The reward may not exceed the amount specified in the current
defense appropriation account for--
(1) The apprehension and detention of absentees or deserters until
military authorities take custody.
(2) The apprehension and delivery to military authorities of
absentees or deserters.
(e) A reward or reimbursement for expenses is not authorized for an
Armed Service member. Federal government employees, a lawyer on whose
advice an absentee or deserter surrenders, or when payment would
violate public policy.
Sec. 630.28 Reimbursement payments.
(a) Reimbursement payments to official agencies is authorized
when--
(1) A reward has been offered.
(2) Reimbursement is requested in place of a reward.
(b) Reimbursement for reasonable and actual expenses may be made to
more than one eligible person or agency. However, total reimbursement
for the return of an absentee or deserter may not exceed the amount
authorized for reward.
(c) Dual payment (reward and reimbursement) relating to one
absentee or deserter is prohibited.
(d) Official transportation and personal services payment are not
made for--
(1) Transportation by official vehicle.
(2) Personal services of the claimant.
(3) Apprehension and detention not followed by return to military
custody.
Sec. 630.29 Documentation.
(a) Payment of reward or reimbursement for expenses is documented
by processing Standard Form 1034 (Public Voucher for Purchase and
Services Other Than Personal). The following information must be
provided on SF 1034 or supporting documents:
(1) Name, social security number, and last duty station (DD Form
553 or DD Form 616) of the absentee.
(2) Date, place of arrest, and place of return to military custody
(DD Form 616).
(3) Signed statement by claimant that the agency qualifies for a
reward under paragraph (a), (b), or (c) of this section.
(4) Statement signed by military representative documenting either
of the following:
(i) Delivery to a military installation with facilities to receive
and process absentees and deserters.
(ii) Military custody assumed at a site other than a military
installation or facility.
(5) Army forms provided to claimants to support payment request.
(b) When required, military pay vouchers are prepared for absentees
and
[[Page 39079]]
deserters per AR 37-104-3, paragraphs 80310, 80311, and 80313.
Subpart G--Surrender of Military Members to Civilian Law
Enforcement Officials
Sec. 630.30 Overview.
(a) This chapter establishes provost marshal procedures and
responsibilities for the surrender of soldiers to civilian law
enforcement authorities. It is the policy of the Department of the Army
to cooperate with civilian authorities unless the best interest of the
Army will be prejudiced.
(b) Provost marshals assist in the delivery of a soldier to
civilian authorities per this regulation and applicable personnel
management regulations. AR 630-10, Chapter 7, provides personnel
management policies and procedures on the surrender of soldiers to
civilian authorities.
Sec. 630.31 CONUS.
(a) Generally, provost marshal activity is limited to ensuring that
a military detainer is prepared and signed when surrendering a soldier
to civilian law enforcement officials (see figure 630.1 of this part).
(b) There is no statutory authority for a commander to deliver a
soldier to a bail bondsman or surety. The surety must coordinate with
the installation Staff Judge Advocate and the Commander of the soldier
prior to attempting to apprehend the soldier. To preserve peace and
order on the installation, military police will accompany the surety to
observe the surety taking custody of the soldier.
Sec. 630.32 Responsibilities.
(a) In foreign countries, the authority of U.S. military personnel
to apprehend, detain and deliver U.S. personal to civil authorities of
foreign countries is governed by the provisions of international
agreements. AR 27-50, and the laws of the host nation. The extent of
the authority in a particular country is determined from directives
published by the OCONUS MACOM Commander.
(b) Chief, DAMO-ODL--
(1) Coordinates approved requests for surrender of the soldier with
the civilian law enforcement agency or prosecuting attorney's office
requesting surrender of the soldier. Transportation costs of the
soldier from the point of debarkation are the responsibility of the
requesting agency.
(2) Coordinates surrender of the soldier with the felony warrant or
extradition division of the civilian law enforcement agency or Federal
law enforcement agency at the point of debarkation.
(3) Contacts the CONUS installation provost marshal with area of
responsibility for assistance in the surrender of the soldier.
(c) MACOM Provost Marshal--
(1) If requested by the General Court-Martial convening authority
or designee, arranges escort of the soldier to the point of embarkation
or debarkation in CONUS.
(2) Notifies Chief, DAMO-ODL, of the departure date, time, flight
number, and the name of the individual(s) who will escort the soldier,
if applicable.
(d) CONUS Provost Marshal with area of responsibility--
(1) Prepares a military detainer for the soldier to be surrendered.
(2) Meets the aircraft, assists in the surrender of the soldier,
and presents the military detainer.
(3) Provides a copy of the detainer and attachment order to the
commander of the PCF or the unit to which the solider will be attached.
Figure 630.1 of Part 630--Sample Military Detainer
I, (name of civilian representative) an official agent
representing (name and address of civilian jurisdiction), accept
custody and control of (grade, name, social security number), a U.S.
Soldier, for trail on a charge (state offense(s)), I agree, on
behalf of the jurisdiction named above, to inform the Commander,
(installation address), of results of the judicial process and to
return the solider at no expense to the Army or the soldier to said
Army installation unless a place nearer the civilian jurisdiction is
designed by Department of the Army. The soldier will be returned
immediately on dismissal or other disposition of charges
facilitating return of the soldier. When disposition precludes
immediate return of the soldier following litigation, I will furnish
results of the judicial process and information concerning the
earliest possible date the soldier might be returned to Army
control. I will also advise the designated commander whenever the
location of incarceration of the soldier changes or whether soldier
is released on bail or bond. I understand the above commander will
advise the civilian jurisdiction which I represent if the soldier's
return to military custody is no longer desired. I was furnished a
copy of this agreement on (date).
(signature)
(position)
(name of jurisdiction)
(Address of jurisdiction)
Appendix A to Part 630--References
Publications and forms referenced in this part may be viewed at
the Office of Provost Marshal at any Army installation. Department
of Defense publications are also available from the National
Technical Information Service, U.S. Department of Commerce, 5285
Port Royal Road, Springfield, VA 21161; telephone (703) 487-4684.
Required Publications
AR 5-9--Intraservice Support Installation Area Support Coordination
(cited in Sec. 630.4)
AR 27-50--Status of Forces Policies Procedures and Information
(Cited in Sec. 630.19 and Sec. 630.30)
AR 190-45--Military Police Law Enforcement Reporting (Cited in
Sec. 630.7 and Sec. 630.9)
AR 190-47--The United States Army Correctional System (Cited in
Sec. 630.22 and Sec. 630.25)
AR 630-10--Absence Without Leave, Desertion, and Administration of
Personnel involved in Civilian Court Proceedings (Cited in
Sec. 630.8 and Sec. 630.30)
Manual for Court-martial, United States (Cited in Sec. 630.8)
Related Publications
A related publication is merely a source of additional
information. The user does not have to read it to understand this
publication.
AR 37-104-3--Military Pay and Allowance Procedures: Joint Uniform
Military Pay System Army (JUMPS-A1RR)
AR 55-355--Defense Traffic Management Regulation
Prescribed Forms
DD Form 616--Report of Return of Absentee (Prescribed in Sec. 630.4,
Sec. 630.14, Sec. 630.15, Sec. 630.16, Sec. 630.20, Sec. 630.24 and
Sec. 630.29)
Referenced Forms
DA Form 2804--Crime Records Data Reference
DA Form 3975--Military Police Report
DA Form 3997--Military Police Desk Reference
DA Form 4833--Commander's Report of Disciplinary or Administrative
Action
DA Form 369--Police Record Check
DA Form 460--Provisional Pass
DD Form 553--Deserter/Absentee Wanted by the Armed Forces
SF 1034--Public Voucher for Purchases and Services Other than
Personal
Appendix B to Part 630--Glossary
Abbreviations
AAPS--Army Procurement Procedure Supplement
ARNG--Army National Guard
AWOL--absent without leave
BAS--basic allowance for substance
CG--commanding general
CONUS--Continental United States
DCSPER--Deputy Chief of Staff for Personnel
DCSOPS--Deputy Chief of Staff for Operations and Plans
DFR--dropped from the rolls
DIS--Defense Investigative Service
DSN--Defense Systems Network
EMF--enlisted master file
FAR--Federal Acquisition Regulation
FAS--Federal Acquisition Supplement
FBI--Federal Bureau of Investigation
MAC--Military Airlift Command
MACOM--major Army command
[[Page 39080]]
NCIC--National Crime Information Center
NLETS--National Law Enforcement Telecommunication System
OCONUS--outside Continental United States
PCF--Personnel Control Facility
PERSCOM--U.S. Army Total Personnel Command
PERSINSCOM--U.S. Army Personnel Information Systems Command
RMC--return to military control
ROTC--Reserve Officer Training Course
TR--Transportation request
UCMJ--Uniform Code of Military Justice
USACIDC--U.S. Army Criminal Investigation Command
USACRC--U.S. Army Crime Records Center
USADIP--U.S. Army Deserter Information Point
USAEREC--U.S. Army Enlisted Records and Evaluation Center
USAR--U.S. Army Reserve
Terms
Coordinating agent.--A person within a staff agency of CONUS
command or CONUS installation who is responsible for coordinating
and monitoring the absentee and deserter program.
Desertion.--A violation of Article 85, UCMJ. It applies to any
member of the Armed Forces who commits any of the following:
(a) Not used.
(1) Without authority goes or remains absent from his or her
unit, organization, or place of duty with intent to remain away
therefrom permanently.
(2) Quits his or her unit, organization, or place of duty with
intent to remain away therefrom permanently.
(3) Without being regularly separated from one of the Armed
Forces enlists or accepts an appointment in the same or another one
of the Armed Forces without fully disclosing the fact that he or she
has not been regularly separated, or enters any foreign Armed
Service except when authorized by the United States. (This provision
has been held not to state a separate offense by the United States
Court of Military Appeals in United States v. Huff, 7 U.S.C.M.A.
247.22 C.M.R. 37 (1956).
(4) Any commissioned officer of the Armed Forces who, after
tender of his or her resignation and before notice of its
acceptance, quits his or her post or proper duties without leave and
with intent to remain away therefrom permanently is guilty of
desertion.
(b) Deserters are classified as defectors when they commit any
of the following:
(1) Have escaped to another country and are outside the
jurisdiction and control of the United States.
(2) Are unwilling to return to the United States.
(3) Are of special value to another country.
(4) Have repudiated the United States when beyond its
jurisdiction or control.
Deserter control officer.--A commissioned officer (normally a
battalion or unit adjutant) appointed in desertion cases to ensure
that documentation on deserters dropped from the rolls is provided
in a timely manner.
Detainer.--A written notice to civil authorities that a person
in their custody is an absentee of the Army or serving on active
duty with the Army and that military authorities desire to take
custody on release.
Dropped from the rolls of a unit.--An administrative action that
drops an absentee from the strength accountability of a unit.
Dropped from strength.--A strength accounting procedure used to
exclude personnel from the operating strength of the Army.
National Crime Information Center.--A computerized police
information system established by the Federal Bureau of
Investigation to serve participating law enforcement agencies.
Personal Assistance Point.--Agencies of the U.S. Army Total
Personnel Command located at aerial ports of embarkation or
debarkation to assist Army transient personnel enroute to or
returning from overseas.
Personnel Control Facility.--An organization that processes
absentees returned to military control from an unauthorized absence.
These facilities ensure proper disposition of returnees.
Special category absentee.--A soldier reported AWOL who had
access to top secret information during the last 12 months or is
currently assigned to a special mission unit.
Special mission unit.--A unit assigned a mission of such
extraordinary sensitivity as to require specific management,
oversight, and employment consideration.
Unavoidable absence.--An unauthorized absence that happened
through no fault of the absentee and no fault of the Government.
Unit.--An organization, agency, or activity.
Unit commander.--The commander of an absentee's or deserter's
unit of assignment or attachment.
U.S. Army Deserter Information Point.--The focal point with the
Army for controlling, verifying, accounting, and disseminating data
on individuals administratively classified as deserters.
Gregory D. Showalter,
Army Federal Register Liaison Officer.
[FR Doc. 96-18476 Filed 7-25-96; 8:45 am]
BILLING CODE 3710-08-P
