Absentee Deserter Apprehension Program and Surrender of Military Personnel to Civilian Law Enforcement Agencies

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.

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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]

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