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16 March 2007
[Federal Register: March 15, 2007 (Volume 72, Number 50)]
[Proposed Rules]
[Page 12140-12152]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15mr07-36]
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DEPARTMENT OF DEFENSE
Department of the Army
32 CFR Part 635
[Docket No. USA-2007-0007]
RIN 0702-AA56
Law Enforcement Reporting
AGENCY: Department of the Army, DoD.
ACTION: Proposed rule; request for comments.
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SUMMARY: The Department of the Army proposes to amend its regulation
concerning law enforcement reporting. The regulation prescribes
policies and procedures on preparing, reporting, using, retaining, and
disposing of Military Police Reports. The regulation prescribes
policies and procedures for offense reporting and the release of law
enforcement information.
DATES: Consideration will be given to all comments received by April
16, 2007.
ADDRESSES: You may submit comments, identified by 32 CFR Part 635,
Docket No. USA-2007-0007 and/or RIN 0702-AA56, by any of the following
methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Federal Docket Management System Office, 1160
Defense Pentagon, Washington, DC 20301-1160.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
Federal Register document. The general policy for comments and other
submissions from members of the public is to make these submissions
available for public viewing on the Internet at http://www.regulations.gov
as they are received without change, including any
personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: James Crumley, (703) 692-6721.
SUPPLEMENTARY INFORMATION:
A. Background
In the December 9, 2005 issue of the Federal Register (70 FR 73181)
the Department of the Army published a proposed rule, amending 32 CFR
part
[[Page 12141]]
635. The Department of the Army published a proposed rule in the May
15, 2006 issue of the Federal Register (71 FR 27961) amending 32 CFR
635 to add the sexual assault reporting procedures. This proposed rule
makes numerous administrative changes throughout the document to
reflect the changes to the forthcoming update to AR 190-45.
The Administrative Procedure Act, as amended by the Freedom of
Information Act requires that certain policies and procedures and other
information concerning the Department of the Army be published in the
Federal Register. The policies and procedures covered by this part fall
into that category.
B. Regulatory Flexibility Act
The Department of the Army has determined that the Regulatory
Flexibility Act does not apply because the proposed rule does not have
a significant economic impact on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601-612.
C. Unfunded Mandates Reform Act
The Department of the Army has determined that the Unfunded
Mandates Reform Act does not apply because the proposed rule does not
include a mandate that may result in estimated costs to State, local or
tribal governments in the aggregate, or the private sector, of $100
million or more.
D. National Environmental Policy Act
The Department of the Army has determined that the National
Environmental Policy Act does not apply because the proposed rule does
not have an adverse impact on the environment.
E. Paperwork Reduction Act
The Department of the Army has determined that the Paperwork
Reduction Act does not apply because the proposed rule does not involve
collection of information from the public.
F. Executive Order 12630 (Government Actions and Interference With
Constitutionally Protected Property Rights)
The Department of the Army has determined that Executive Order
12630 does not apply because the proposed rule does not impair private
property rights.
G. Executive Order 12866 (Regulatory Planning and Review)
The Department of the Army has determined that according to the
criteria defined in Executive Order 12866 this proposed rule is not a
significant regulatory action. As such, the proposed rule is not
subject to Office of Management and Budget review under section 6(a)(3)
of the Executive Order.
H. Executive Order 13045 (Protection of Children From Environmental
Health Risk and Safety Risks)
The Department of the Army has determined that according to the
criteria defined in Executive Order 13045 this proposed rule does not
apply.
I. Executive Order 13132 (Federalism)
The Department of the Army has determined that according to the
criteria defined in Executive Order 13132 this proposed rule does not
apply because it will not have a substantial effect on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.
Frederick W. Bucher,
Chief, Law Enforcement Policy and Oversight Branch.
List of Subjects in 32 CFR Part 635
Crime, Law, Law enforcement, Law enforcement officers, Military
law.
For reasons stated in the preamble the Department of the Army
proposes to revise 32 CFR part 635 to read as follows:
PART 635--LAW ENFORCEMENT REPORTING
Subpart A--Records Administration
Sec.
635.1 General.
635.2 Safeguarding official information.
635.3 Special requirements of the Privacy Act of 1974.
635.4 Administration of expelled or barred persons file.
635.5 Police intelligence/criminal information.
635.6 Name checks.
635.7 Registration of sex offenders.
Subpart B--Release of Information
635.8 General.
635.9 Guidelines for disclosure within DOD.
635.10 Release of information.
635.11 Release of information under the Freedom of Information Act
(FOIA).
635.12 Release of information under the Privacy Act of 1974.
635.13 Amendment of records.
635.14 Accounting for military police record disclosure.
635.15 Release of law enforcement information furnished by foreign
governments or international organizations.
Subpart C--Offense Reporting
635.16 General.
635.17 Military Police Report.
635.18 Identifying criminal incidents and subjects of investigation.
635.19 Offense codes.
635.20 Military Police Codes (MPC).
635.21 USACRC control numbers.
635.22 Reserve component, U.S. Army Reserve, and Army National Guard
personnel.
635.23 DA Form 4833 (Commander's Report of Disciplinary or
Administrative Action).
635.24 Updating the COPS MPRS.
635.25 Submission of criminal history data to the CJIS.
635.26 Procedures for reporting absence without leave (AWOL) and
desertion offenses.
635.27 Vehicle Registration System.
635.28 Procedures for restricted/unrestricted reporting in sexual
assault cases.
635.29 Domestic violence and protection orders.
635.30 Establishing Domestic Violence Memoranda of Understanding.
635.31 Lost, abandoned, or unclaimed property.
Subpart D--Army Quarterly Trends and Analysis Report
635.32 General.
635.33 Crime rate reporting.
Subpart E--Victim and Witness Assistance Procedures
635.34 General.
635.35 Procedures.
635.36 Notification.
635.37 Statistical reporting requirements.
Authority: 28 U.S.C. 534 note, 42 U.S.C. 10601, 18 U.S.C. 922,
42 U.S.C. 14071, 10 U.S.C. 1562, 10 U.S.C. Chap. 47
Subpart A--Records Administration
Sec. 635.1 General.
(a) Military police records and files created under provisions of
this part will be maintained and disposed of in accordance with
instructions and standards prescribed by Army Regulation (AR) 25-400-2,
AR 25-55, AR 340-21, and other applicable HQDA directives.
(b) Each Provost Marshal/Director of Emergency Services will
appoint in writing two staff members, one primary and one alternate, to
account for and safeguard all records containing personal information
protected by law. Action will be taken to ensure that protected
personal information is used and stored only where facilities and
conditions will preclude unauthorized or unintentional disclosure.
(c) Personally identifying information includes, for example,
information that is intimate or private to an individual, as
distinguished from that which concerns a person's official function or
[[Page 12142]]
public life. Specific examples include the social security number (SSN)
medical history, home address, and home telephone number.
(d) Access to areas in which military police records are prepared,
processed and stored will be restricted to those personnel whose duties
require their presence or to other personnel on official business.
Military police records containing personal information will be stored
in a locked room or locked filing cabinet when not under the personal
control of authorized personnel. Alternate storage systems providing
equal or greater protection may be used in accordance with AR 25-55.
(e) Only personnel on official business can have access to areas in
which computers are used to store, process or retrieve military police
records. When processing military police information, computer video
display monitors will be positioned so that protected information
cannot be viewed by unauthorized persons. Computer output from
automated military police systems will be controlled as specified in
paragraph (d) of this section.
(f) Output from any locally prepared data or automated systems
containing personal information subject to the Privacy Act will be
controlled per AR 340-21. All locally created, Army Commands (ACOM),
Army Service Component Commands (ASCC) or Direct Reporting Units (DRU)
unique automated systems of records containing law enforcement
information must be reported to and approved by HQDA, Office of the
Provost Marshal General prior to use. The request must clearly document
why the COPS MPRS system cannot meet the requirements or objectives of
the organization. After review and approval by HQDA, the installation,
ACOM, ASCC and DRU will complete and process the systems notice for
publication in the Federal Register per AR 340-21 and the Privacy Act.
(g) Provost Marshals/Directors of Emergency Services using
automated systems will appoint, in writing, an Information Assurance
Security Officer (IASO) who will ensure implementation of automation
security requirements within the organization. Passwords used to
control systems access will be generated, issued, and controlled by the
IASO.
(h) Supervisors at all levels will ensure that personnel whose
duties involve preparation, processing, filing, and release of military
police records are knowledgeable of and comply with policies and
procedures contained in this part, AR 25-55, AR 340-21, and other
applicable HQDA directives. Particular attention will be directed to
provisions on the release of information and protection of privacy.
(i) Military police records identifying juveniles as offenders will
be clearly marked as juvenile records and will be kept secure from
unauthorized access by individuals. Juvenile records may be stored with
adult records but clearly designated as juvenile records even after the
individual becomes of legal age. In distributing information on
juveniles, Provost Marshals/Directors of Emergency Services will ensure
that only individuals with a clear reason to know the identity of a
juvenile are provided the identifying information on the juvenile. For
example, a community commander is authorized to receive pertinent
information on juveniles. When a MPR identifying juvenile offenders
must be provided to multiple commanders or supervisors, the Provost
Marshal/Director of Emergency Services must sanitize each report to
withhold juvenile information not pertaining to that commander's area
of responsibility.
(j) Military police records in the custody of USACRC will be
processed, stored and maintained in accordance with policy established
by the Director, USACRC.
Sec. 635.2 Safeguarding official information.
(a) Military police records are unclassified except when they
contain national security information as defined in AR 380-5.
(b) When military police records containing personal information
transmitted outside the installation law enforcement community to other
departments and agencies within DOD, such records will be marked ``For
Official Use Only.'' Records marked ``For Official Use Only'' will be
transmitted as prescribed by AR 25-55. Use of an expanded marking is
required for certain records transmitted outside DOD per AR 25-55.
(c) Military police records may also be released to Federal, state,
local or foreign law enforcement agencies as prescribed by AR 340-21.
Expanded markings will be applied to these records.
Sec. 635.3 Special requirements of the Privacy Act of 1974.
(a) Certain personal information is protected under the Privacy Act
and AR 340-21.
(b) Individuals requested to furnish personal information must be
advised of the purpose for which the information is collected and the
disclosures by which it is routinely used.
(c) Army law enforcement personnel performing official duties often
require an individual's SSN for identification purposes. Personal
information may be obtained from identification documents without
violating an individual's privacy and without providing a Privacy Act
Statement. This personal information can be used to complete military
police reports and records. The following procedures may be used to
obtain SSNs:
(1) Active Army, U.S. Army Reserve (USAR), Army National Guard
(ARNG) and retired military personnel are required to produce their
Common Access Card, DD Form 2 (Act), DD Form 2 (Res), or DD Form 2
(Ret) (U.S. Armed Forces of the United States General Convention
Identification Card), or other government issued identification, as
appropriate.
(2) Family members of sponsors may be requested to produce their DD
Form 1173 (Uniformed Services Identification and Privilege Card).
Information contained thereon (for example, the sponsor's SSN) may be
used to verify and complete applicable sections of MPRs and related
forms.
(3) DOD civilian personnel may be requested to produce their
appropriate service identification. DA Form 1602 (Civilian
Identification) may be requested from DA civilian employees. If unable
to produce such identification, DOD civilians may be requested to
provide other verifying documentation.
(4) Non-DOD civilians, including family members and those whose
status is unknown, will be advised of the provisions of the Privacy Act
Statement when requested to disclose their SSN.
(d) Requests for new systems of military police records, changes to
existing systems, and continuation systems, not addressed in existing
public notices will be processed as prescribed in AR 340-21, after
approval is granted by HQDA, OPMG (DAPM-MPD-LE).
Sec. 635.4 Administration of expelled or barred persons file.
(a) When action is completed by an installation commander to bar an
individual from the installation under 18 U.S.C. 1382 the installation
Provost Marshal/Director of Emergency Services will be provided
(1) A copy of the letter or order barring the individual.
(2) Reasons for the bar.
(3) Effective date of the bar and period covered.
(b) The Provost Marshal/Director of Emergency Services will
maintain a list of barred or expelled persons. When the bar or
expulsion action is predicated on
[[Page 12143]]
information contained in military police investigative records, the bar
or expulsion document will reference the appropriate military police
record or MPR. When a MPR results in the issuance of a bar letter the
Provost Marshal/Director of Emergency Services will forward a copy of
the bar letter to Director, USACRC to be filed with the original MPR.
The record of the bar will also be entered into COPS, in the Military
Police Reporting System module, under Barrings.
Sec. 635.5 Police intelligence/criminal information.
(a) The purpose of gathering police intelligence is to identify
individuals or groups of individuals in an effort to anticipate,
prevent, or monitor possible criminal activity. If police intelligence
is developed to the point where it factually establishes a criminal
offense, an investigation by the military police, U.S. Army Criminal
Investigation Command (USACIDC) or other investigative agency will be
initiated. The crimes in Sec. 635.5(b)(2) and (3) will be reported to
the nearest Army counterintelligence office as required by AR 381-12.
(b) Information on persons and organizations not affiliated with
DOD may not normally be acquired, reported, processed or stored.
Situations justifying acquisition of this information include, but are
not limited to--
(1) Theft, destruction, or sabotage of weapons, ammunition,
equipment facilities, or records belonging to DOD units or
installations.
(2) Possible compromise of classified defense information by
unauthorized disclosure or espionage.
(3) Subversion of loyalty, discipline, or morale of DA military or
civilian personnel by actively encouraging violation of laws,
disobedience of lawful orders and regulations, or disruption of
military activities.
(4) Protection of Army installations and activities from potential
threat.
(5) Information received from the FBI, state, local, or
international law enforcement agencies which directly pertain to the
law enforcement mission and activity of the installation Provost
Marshal Office/Directorate of Emergency Services, ACOM, ASCC or DRU
Provost Marshal Office Directorate of Emergency Services, or that has a
clearly identifiable military purpose and connection. A determination
that specific information may not be collected, retained or
disseminated by intelligence activities does not indicate that the
information is automatically eligible for collection, retention, or
dissemination under the provisions of this part. The policies in this
section are not intended and will not be used to circumvent any federal
law that restricts gathering, retaining or dissemination of information
on private individuals or organizations.
(c) Retention and disposition of information on non-DOD affiliated
individuals and organizations are subject to the provisions of AR 380-
13 and AR 25-400-2.
(d) Police intelligence such as TALON events will be captured by
utilizing the TALON report format. These reports will be identified as
``Pre-TALON'' reports. The Provost Marshal Office/Directorate of
Emergency Services will forward these reports to the
counterintelligence activity which supports their installation/area.
The counterintelligence activity will determine if the suspicious
incident/activity should be entered into the DoD TALON reporting
system. The counterintelligence activity will inform the submitting
Army law enforcement agency as to whether or not the ``Pre-Talon''
report was submitted into the DoD TALON reporting system.
(e) In addition to Pre-TALON reporting, Installation Law
Enforcement Agencies/Activities will also comply with their Combatant
Command's policies regarding the reporting of suspicious activities or
events which meet established criteria.
(f) If a written extract from local police intelligence files is
provided to an authorized investigative agency, the following will be
included on the transmittal documents: ``THIS DOCUMENT IS PROVIDED FOR
INFORMATION AND USE. COPIES OF THIS DOCUMENT, ENCLOSURES THERETO, AND
INFORMATION THEREFROM, WILL NOT BE FURTHER RELEASED WITHOUT THE PRIOR
APPROVAL OF THE INSTALLATION PROVOST MARSHAL/DIRECTOR OF EMERGENCY
SERVICES.''
(g) Local police intelligence files may be exempt from certain
disclosure requirements by AR 25-55 and the Freedom of Information Act
(FOIA).
Sec. 635.6 Name checks.
(a) Information contained in military police records may be
released under the provisions of AR 340-21 to authorized personnel for
valid background check purposes. Examples include child care/youth
program providers, access control, unique or special duty assignments,
and security clearance procedures. Any information released must be
restricted to that necessary and relevant to the requester's official
purpose. Provost Marshals/Directors of Emergency Services will
establish written procedures to ensure that release is accomplished in
accordance with AR 340-21.
(b) Checks will be accomplished by a review of the COPS MPRS.
Information will be disseminated according to Subpart B of this part.
(c) In response to a request for local files or name checks,
Provost Marshals/Directors of Emergency Services will release only
founded offenses with final disposition. Offenses determined to be
unfounded will not be released. These limitations do not apply to
requests submitted by law enforcement agencies for law enforcement
purposes, and counterintelligence investigative agencies for
counterintelligence purposes.
(d) COPS MPRS is a database, which will contain all military police
reports filed worldwide. Authorized users of COPS MPRS can conduct name
checks for criminal justice purposes. To conduct a name check, users
must have either the social security number/foreign national number, or
the first and last name of the individual. If a search is done by name
only, COPS MPRS will return a list of all matches to the data entered.
Select the appropriate name from the list.
(e) A successful query of COPS MPRS would return the following
information:
(1) Military Police Report Number;
(2) Report Date;
(3) Social Security Number;
(4) Last Name;
(5) First Name;
(6) Protected Identity (Y/N);
(7) A link to view the military police report; and
(8) Whether the individual is a subject, victim, or a person
related to the report disposition.
(f) Name checks will include the criteria established in COPS MPRS
and the USACRC. All of the policies and procedures for such checks will
conform to the provisions of this part. Any exceptions to this policy
must be coordinated with HQDA, Office of the Provost Marshal General
before any name checks are conducted. The following are examples of
appropriate uses of the name check feature of COPS MPRS:
(1) Individuals named as the subjects of serious incident reports.
(2) Individuals named as subjects of investigations who must be
reported to the USACRC.
(3) Employment as child care/youth program providers.
(4) Local checks of the COPS MPRS as part of placing an individual
in the COPS MPRS system.
(5) Name checks for individuals employed in law enforcement
positions.
[[Page 12144]]
(g) Provost Marshals/Directors of Emergency Services will ensure
that an audit trail is established and maintained for all information
released from military police records.
(h) Procedures for conduct of name checks with the USACRC are
addressed in AR 195-2. The following information is required for USACRC
name checks (when only the name is available, USACRC should be
contacted telephonically for assistance):
(1) Full name, date of birth, SSN, and former service number of the
individual concerned.
(2) The specific statute, directive, or regulation on which the
request is based, when requested for other than criminal investigative
purposes.
(i) Third party checks (first party asks second party to obtain
information from third party on behalf of first party) will not be
conducted.
Sec. 635.7 Registration of sex offenders.
Soldiers who are convicted by court-martial for certain sexual
offenses must comply with all applicable state registration
requirements in effect in the state in which they reside. See AR 190-
47, Chapter 14 and AR 27-10, Chapter 24. This is a statutory
requirement based on the Jacob Wetterling Act, and implemented by DOD
Instruction 1325.7, and AR 27-10. Provost Marshals/Directors of
Emergency Services should coordinate with their local Staff Judge
Advocate to determine if an individual must register. The registration
process will be completed utilizing the state registration form, which
is available through state and local law enforcement agencies. A copy
of the completed registration form will be maintained in the
installation Provost Marshal Office/Directorate of Emergency Services.
Additionally, a Military Police Report (DA Form 3975) will be completed
as an information entry into COPS. Installation Provost Marshals/
Directors of Emergency Services will provide written notice to state
and local law enforcement agencies of the arrival of an offender to the
local area so the registration process can be completed.
Subpart B--Release of Information
Sec. 635.8 General.
(a) The policy of HQDA is to conduct activities in an open manner
and provide the public accurate and timely information. Accordingly,
law enforcement information will be released to the degree permitted by
law and Army regulations.
(b) Any release of military police records or information compiled
for law enforcement purposes, whether to persons within or outside the
Army, must be in accordance with the FOIA and Privacy Act.
(c) Requests by individuals for access to military police records
about themselves will be processed in compliance with AR 25-55 and AR
340-21.
(d) Military police records in the temporary possession of another
organization remain the property of the originating law enforcement
agency. The following procedures apply to any organization authorized
temporary use of military police records:
(1) Any request from an individual seeking access to military
police records will be immediately referred to the originating law
enforcement agency for processing.
(2) When the temporary purpose of the using organization has been
satisfied, the military police records will be destroyed or returned to
the originating law enforcement agency.
(3) A using organization may maintain information from military
police records in their system of records, if approval is obtained from
the originating law enforcement agency. This information may include
reference to a military police record (for example, MPR number or date
of offense), a summary of information contained in the record, or the
entire military police record. When a user includes a military police
record in its system of records, the originating law enforcement agency
may delete portions from that record to protect special investigative
techniques, maintain confidentiality, preclude compromise of an
investigation, and protect other law enforcement interests.
Sec. 635.9 Guidelines for disclosure within DOD.
(a) Criminal record information contained in military police
documents will not be disseminated unless there is a clearly
demonstrated official need to know. A demonstrated official need to
know exists when the record is necessary to accomplish a function that
is within the responsibility of the requesting activity or individual,
is prescribed by statute, DOD directive, regulation, or instruction, or
by Army regulation.
(1) Criminal record information may be disclosed to commanders or
staff agencies to assist in executing criminal justice functions. Only
that information reasonably required will be released. Such disclosure
must clearly relate to a law enforcement function.
(2) Criminal record information related to subjects of criminal
justice disposition will be released when required for security
clearance procedures.
(3) Criminal record information may be released to an activity when
matters of national security are involved.
(4) When an individual informs an activity of criminal record
information pertaining to them, the receiving activity may seek
verification of this information through the responsible law
enforcement agency or may forward the request to that organization. The
individual must be advised by the receiving agency of the action being
pursued. Law enforcement agencies will respond to such requests in the
same manner as FOIA and Privacy Act cases.
(b) Nothing in this part will be construed to limit the
dissemination of information between military police, the USACIDC, and
other law enforcement agencies within the Army and DOD.
Sec. 635.10 Release of information.
(a) Release of information from Army records to agencies outside
DOD will be governed by AR 25-55, AR 340-21, AR 600-37, and this part.
Procedures for release of certain other records and information is
contained in AR 20-1, AR 27-20, AR 27-40, AR 40-66, AR 195-2, AR 360-1,
and AR 600-85. Installation drug and alcohol offices may be provided an
extract of DA Form 3997 (Military Police Desk Blotter) for offenses
involving the use of alcohol or drugs (for example, drunk driving,
drunk and disorderly conduct, or positive urinalysis) or illegal use of
drugs.
(b) Installation Provost Marshals/Directors of Emergency Services
are the release authorities for military police records under their
control. They may release criminal record information to other
activities as prescribed in AR 25-55 and AR 340-21, and this part.
(c) Authority to deny access to criminal records information rests
with the initial denial authority (IDA) for the FOIA and the access and
amendment refusal authority (AARA) for Privacy Acts cases, as addressed
in AR 25-55 and AR 340-21.
Sec. 635.11 Release of information under the Freedom of Information
Act (FOIA).
(a) The release and denial authorities for all FOIA cases
concerning military police records include Provost Marshals/Directors
of Emergency Services and the Commander, USACIDC. Authority to act on
behalf of the Commander, USACIDC is delegated to the Director, USACRC.
(b) FOIA requests from members of the press will be coordinated
with the installation public affairs officer prior to release of
records under the control of
[[Page 12145]]
the installation Provost Marshal/Director of Emergency Services. When
the record is on file at the USACRC the request must be forwarded to
the Director, USACRC.
(c) Requests will be processed as prescribed in AR 25-55 and as
follows:
(1) The Provost Marshal/Director of Emergency Services will review
requested reports to determine if any portion is exempt from release.
Any discretionary decision to disclose information under the FOIA
should be made only after full and deliberate consideration of the
institutional, commercial, and personal privacy interests that could be
implicated by disclosure of the information.
(2) Statutory and policy questions will be coordinated with the
local staff judge advocate.
(3) Coordination will be completed with the local USACIDC activity
to ensure that the release will not interfere with a criminal
investigation in progress or affect final disposition of an
investigation.
(4) If it is determined that a portion of the report, or the report
in its entirety will not be released, the request to include a copy of
the MPR or other military police records will be forwarded to the
Director, USACRC, ATTN: CICR-FP, 6010 6th Street, Fort Belvoir, VA
22060-5585. The requestor will be informed that their request has been
sent to the Director, USACRC, and provided the mailing address for the
USACRC. When forwarding FOIA requests, the outside of the envelope will
be clearly marked ``FOIA REQUEST.''
(5) A partial release of information by a Provost Marshal/Director
of Emergency Services is permissible when partial information is
acceptable to the requester. (An example would be the deletion of a
third party's social security number, home address, and telephone
number, as permitted by law). If the requester agrees to the omission
of exempt information, such cases do not constitute a denial. If the
requester insists on the entire report, a copy of the report and the
request for release will be forwarded to the Director, USACRC. There is
no requirement to coordinate such referrals at the installation level.
The request will simply be forwarded to the Director, USACRC for
action.
(6) Requests for military police records that have been forwarded
to USACRC and are no longer on file at the installation Provost Marshal
Office/Directorate of Emergency Services will be forwarded to the
Director, USACRC for processing.
(7) Requests concerning USACIDC reports of investigation or USACIDC
files will be referred to the Director, USACRC. In each instance, the
requestor will be informed of the referral and provided the Director,
USACRC address.
(8) Requests concerning records that are under the supervision of
an Army activity, or other DOD agency, will be referred to the
appropriate agency for response.
Sec. 635.12 Release of information under the Privacy Act of 1974.
(a) Military police records may be released according to provisions
of the Privacy Act of 1974, as implemented by AR 340-21 and this part.
(b) The release and denial authorities for all Privacy Act cases
concerning military police records are provided in Sec. 635.10 of this
part.
(c) Privacy Act requests for access to a record, when the requester
is the subject of that record, will be processed as prescribed in AR
340-21.
Sec. 635.13 Amendment of records.
(a) Policy. An amendment of records is appropriate when such
records are established as being inaccurate, irrelevant, untimely, or
incomplete. Amendment procedures are not intended to permit challenging
an event that actually occurred. For example, a request to remove an
individual's name as the subject of a MPR would be proper providing
credible evidence was presented to substantiate that a criminal offense
was not committed or did not occur as reported. Expungement of a
subject's name from a record because the commander took no action or
the prosecutor elected not to prosecute normally will not be approved.
In compliance with DOD policy, an individual will still remain entered
in the Defense Clearance Investigations Index (DCII) to track all
reports of investigation.
(b) Procedures. (1) Installation Provost Marshals/Directors of
Emergency Services will review amendment requests. Upon receipt of a
request for an amendment of a military police record that is 5 or less
years old, the installation Provost Marshal/Director of Emergency
Services will gather all relevant available records at their location.
The installation Provost Marshal/Director of Emergency Services will
review the request and either approve the request or forward it to the
Director, USACRC with recommendation and rationale for denial. In
accordance with AR 340-21, paragraph 1-71, the Commanding General,
USACIDC is the sole access and amendment authority for criminal
investigation reports and military police reports. Access and amendment
refusal authority is not delegable. If the decision is made to amend a
MPR, a supplemental DA Form 3975 will be prepared. The supplemental DA
Form 3975 will change information on the original DA Form 3975 and will
be mailed to the Director, USACRC with the amendment request from the
requestor as an enclosure. The Director, USACRC will file the
supplemental DA Form 3975 with the original MPR and notify the
requestor of the amendment of the MPR.
(2) Requests to amend military police documents that are older than
5 years will be coordinated through the Director, USACRC. The
installation Provost Marshal/Director of Emergency Services will
provide the Director, USACRC a copy of an individual's request to amend
a military police record on file at the USACRC. If the Director, USACRC
receives an amendment request, the correspondence with any
documentation on file at the USACRC will be sent to the originating
Provost Marshal Office/Directorate of Emergency Services. The
installation Provost Marshal/Director of Emergency Services will review
the request and either approve the request or forward it to the
Director, USACRC for denial. A copy of the Provost Marshal/Director of
Emergency Services' decision must be sent to the Director, USACRC to be
filed in the USACRC record. If an amendment request is granted, copies
of the supplemental DA Form 3975 will be provided to each organization,
activity, or individual who received a copy of the original DA Form
3975.
(3) If the Provost Marshal Office/Directorate of Emergency Services
no longer exists, the request will be staffed with the ACOM, ASCC or
DRU Provost Marshal/Director of Emergency Services office that had
oversight responsibility for the Provost Marshal Office/Directorate of
Emergency Services at the time the DA Form 3975 was originated.
Sec. 635.14 Accounting for military police record disclosure.
(a) AR 340-21 prescribes accounting policies and procedures
concerning the disclosure of military police records.
(b) Provost Marshals/Directors of Emergency Services will develop
local procedures to ensure that disclosure data requirements by AR 340-
21 are available on request.
Sec. 635.15 Release of law enforcement information furnished by
foreign governments or international organizations.
(a) Information furnished by foreign governments or international
organizations is subject to disclosure,
[[Page 12146]]
unless exempted by AR 25-55, AR 340-21, federal statutes or executive
orders.
(b) Information may be received from a foreign source under an
express pledge of confidentiality as described in AR 25-55 and AR 340-
21 (or under an implied pledge of confidentiality given prior to
September 27, 1975).
(1) Foreign sources will be advised of the provisions of the
Privacy Act of 1974, the FOIA, and the general and specific law
enforcement exemptions available, as outlined in AR 340-21 and AR 25-
55.
(2) Information received under an express promise of
confidentiality will be annotated in the MPR or other applicable
record.
(3) Information obtained under terms of confidentiality must
clearly aid in furthering a criminal investigation.
(c) Denial recommendations concerning information obtained under a
pledge of confidentiality, like other denial recommendations, will be
forwarded by the records custodian to the appropriate IDA or AARA per
AR 25-55 or AR 340-21.
(d) Release of U.S. information (classified military information or
controlled unclassified information) to foreign governments is
accomplished per AR 380-10.
Subpart C--Offense Reporting
Sec. 635.16 General.
(a) This subpart establishes policy for reporting founded criminal
offenses by Installation Management Command (IMCOM), Army Materiel
Command (AMC) and Medical Command (MEDCOM) installation and ACOM, ASCC
and DRU Provost Marshal Offices/Directorates of Emergency Services.
(b) This subpart prescribes reporting procedures, which require the
use of the COPS MPRS and a systems administrator to ensure that the
system is properly functioning. Reporting requirements include--
(1) Reporting individual offenders to the USACRC, NCIC, CJIS, and
the DOD.
(2) Crime reports to the DOD. DOD collects data from all the
Services utilizing the Defense Incident-Based Reporting System (DIBRS).
The Army inputs its data into DIBRS utilizing COPS. Any data reported
to DIBRS is only as good as the data reported into COPS, so the need
for accuracy in reporting incidents and utilizing proper offense codes
is great. DIBRS data from DOD is eventually sent to the Department of
Justice's National Incident-Based Reporting System (NIBRS). The data is
eventually incorporated into the Uniform Crime Report.
(c) A Provost Marshal Office/Directorate of Emergency Services
initiating a DA Form 3975 or other military police investigation has
reporting responsibility explained throughout this subpart and this
part in general.
(d) In the event the Provost Marshal Office/Directorate of
Emergency Services determines that their office does not have
investigative responsibility or authority, the MPR will be terminated
and the case cleared by exceptional clearance. A case cleared by
exceptional clearance is closed by the Provost Marshal/Director of
Emergency Services when no additional investigative activity will be
performed or the case is referred to another agency. If a case is
transferred to the Provost Marshal/Director of Emergency Services from
another law enforcement investigation agency the Provost Marshal
Office/Directorate of Emergency Services will have all reporting
responsibility using the COPS MPRS system.
Sec. 635.17 Military Police Report.
(a) General use. DA form 3975 is a multipurpose form used to--
(1) Record all information or complaints received or observed by
military police.
(2) Serve as a record of all military police and military police
investigator activity.
(3) Document entries made into the COPS MPRS system and other
automated systems.
(4) Report information concerning investigations conducted by
civilian law enforcement agencies related to matters of concern to the
U.S. Army.
(5) Advise commanders and supervisors of offenses and incidents
involving personnel or property associated with their command or
functional responsibility.
(6) Report information developed by commanders investigating
incidents or conducting inspections that result in the disclosure of
evidence that a criminal offense has been committed.
(b) Special use. The DA Form 3975 will be used to--
(1) Transmit completed DA Form 3946 (Military Police Traffic
Accident Report). This will include statements, sketches, or
photographs that are sent to a commander or other authorized official.
(2) Transmit the DD Form 1805 (U.S District Court Violation Notice)
when required by local installation or U.S. Magistrate Court policy.
The DA Form 3975 is used to advise commanders or supervisors that
military, civilian, or contract personnel have been cited on a DD Form
1805.
(3) Match individual subjects with individual victims or witnesses,
and founded criminal offenses. This is a federal statutory requirement.
This is done using the relationships tab within COPS MPRS.
(4) Document victim/witness liaison activity.
(c) Distribution. The DA Form 3975 will be prepared in three
copies, signed by the Provost Marshal/Director of Emergency Services or
a designated representative, and distributed as follows--
(1) Original to USACRC. Further information, arising or developed
at a later time, will be forwarded to USACRC using a supplemental DA
Form 3975. Reports submitted to USACRC will include a good, legible
copy of all statements, photographs, sketches, laboratory reports, and
other information that substantiates the offense or facilitates the
understanding of the report. The USACRC control number must be recorded
on every DA Form 3975 sent to the USACRC. A report will not be delayed
for adjudication or commander's action beyond 45 days.
(2) One copy retained in the Provost Marshal/Director of Emergency
Services' files.
(3) One copy forwarded through the field grade commander to the
immediate commander of each subject or organization involved in an
offense.
(d) Changing reports for unfounded offenses. If an offense is
determined to be unfounded, after the case has been forwarded to
USACRC, the following actions will be completed:
(1) A supplemental DA Form 3975, using the same MPR number and
USACRC control number will be submitted stating the facts of the
subsequent investigation and that the case is unfounded.
(2) A copy of the supplemental DA Form 3975 will be provided to
those agencies or activities that received a copy of the completed DA
Form 3975 at the time of submission to USACRC and to the commander for
action.
Sec. 635.18 Identifying criminal incidents and subjects of
investigation.
(a) An incident will not be reported as a founded offense unless
adequately substantiated by police investigation. A person or entity
will be reported as the subject of an offense on DA Form 3975 when
credible information exists that the person or entity may have
committed a criminal offense. The decision to title a person is an
[[Page 12147]]
operational rather than a legal determination. The act of titling and
indexing does not, in and of itself, connote any degree of guilt or
innocence; but rather, ensures that information in a report of
investigation can be retrieved at some future time for law enforcement
and security purposes. Judicial or adverse administrative actions will
not be based solely on the listing of an individual or legal entity as
a subject on DA Form 3975.
(b) A known subject will be reported to the USACRC when the
suspected offense is punishable by confinement of six months or more.
The COPS MPRS will be used to track all other known subjects. A subject
can be a person, corporation, or other legal entity, or organization
about which credible information exists that would cause a trained law
enforcement officer to presume that the person, corporation, other
legal entity or organization may have committed a criminal offense.
(c) When investigative activity identifies a subject, all facts of
the case must be considered. When a person, corporation, or other legal
entity is entered in the subject block of the DA Form 3975, their
identity is recorded in DA automated systems and the DCII. Once entered
into the DCII, the record can only be removed in cases of mistaken
identity or if an error was made in applying the credible information
standard at the time of listing the entity as a subject of the report.
It is emphasized that the credible information error must occur at the
time of listing the entity as the subject of the MPR rather than
subsequent investigation determining that the MPR is unfounded. This
policy is consistent with DOD reporting requirements. The Director,
USACRC enters individuals from DA Form 3975 into the DCII.
Sec. 635.19 Offense codes.
(a) The offense code describes, as nearly as possible, the
complaint or offense by using an alphanumeric code. Appendix C of AR
190-45 lists the offense codes that are authorized for use within the
Army. This list will be amended from time to time based on new
reporting requirements mandated by legislation or administrative
procedures. ACOM, ASCC, DRU commanders and installation Provost
Marshals/Directors of Emergency Services will be notified by special
letters of instruction issued in numerical order from HQDA, Office of
the Provost Marshal General (DAPM-MPD-LE) when additions or deletions
are made to list. The COPS MPRS module will be used for all reporting
requirements.
(b) ACOM, ASCC, DRU and installations may establish local offense
codes in category 2 (ACOM, ASCC, DRU and installation codes) for any
offense not otherwise reportable. Locally established offense codes
will not duplicate, or be used as a substitute for any offense for
which a code is contained for other reportable incidents. Category 2
incidents are not reported to the Director, USACRC or the DOJ. If an
offense occurs meeting the reporting description contained in Appendix
C of AR 190-45, that offense code takes precedence over the local
offense code. Local offense codes may be included, but explained, in
the narrative of the report filed with the USACRC. Use the most
descriptive offense code to report offenses.
(c) Whenever local policy requires the Provost Marshal/Director of
Emergency Services to list the subject's previous offenses on DA Form
3975, entries will reflect a summary of disposition for each offense,
if known.
Sec. 635.20 Military Police Codes (MPC).
(a) MPCs identify individual Provost Marshal Offices/Directorates
of Emergency Services. The Director, USACRC will assign MPCs to Provost
Marshal Offices/Directorates of Emergency Services.
(b) Requests for assignment of a MPC will be included in the
planning phase of military operations, exercises, or missions when law
enforcement operations are anticipated. The request for a MPC will be
submitted as soon as circumstances permit, without jeopardizing the
military operation to HQDA, Office of the Provost Marshal General
(DAPM-MPD-LE). Consistent with security precautions, ACOM, ASCC and DRU
will immediately inform HQDA, Office of the Provost Marshal General
(DAPM-MPD-LE) when assigned or attached military police units are
notified for mobilization, relocation, activation, or inactivation.
(c) When a military police unit is alerted for deployment to a
location not in an existing Provost Marshal/Director of Emergency
Services' operational area, the receiving ACOM, ASCC, DRU or combatant
commander will request assignment of an MPC number from HQDA, Office of
the Provost Marshal General (DAPM-MPD-LE) providing the area of
operations does not have an existing MPC number. The receiving ACOM,
ASCC, DRU or Unified Combatant Commander is further responsible for
establishing an operational COPS system for the deployment.
Sec. 635.21 USACRC control numbers.
(a) Case numbers to support reporting requirements will be assigned
directly to each installation via COPS. To ensure accuracy in reporting
criminal incidents, USACRC control numbers will be used only one time
and in sequence. Every MPR sent to the USACRC will have a USACRC
control number reported. Violation of this policy could result in
significant difficulties in tracing reports that require corrective
action.
(b) If during the calendar year ACOM, ASCC or DRU reassigns control
numbers from one installation to another, HQDA, Office of the Provost
Marshal General (DAPM-MPD-LE) will be notified. The Director USACRC
will receive an information copy of such notification from ACOM, ASCC
or DRU's law enforcement operations office.
(c) USACRC control numbers will be issued along with each newly
assigned MPC.
(d) When the deploying unit will be located in an area where there
is an existing Provost Marshal/Director of Emergency Services activity,
the deploying unit will use the MPC number and USACRC control numbers
of the host Provost Marshal/Director of Emergency Services.
Sec. 635.22 Reserve component, U.S. Army Reserve, and Army National
Guard personnel.
(a) When in a military duty status pursuant to official orders
(Federal status for National Guard) Reserve and National Guard
personnel will be reported as active duty. Otherwise they will be
reported as civilians.
(b) The DA Form 3975 and DA Form 4833 will be forwarded directly to
the appropriate Regional Readiness Command or the Soldier's division
commander. A copy of the DA Form 3975 will also be forwarded to Chief,
Army Reserve/Commander, United States Army Reserve Command, AFRC-JAM,
1404 Deshler Street, Fort McPherson, GA 30330. The forwarding
correspondence will reflect this regulation as the authority to request
disposition of the individual.
Sec. 635.23 DA Form 4833 (Commander's Report of Disciplinary or
Administrative Action).
(a) Use. DA Form 4833 is used with DA Form 3975 to--
(1) Record actions taken against identified offenders.
(2) Report the disposition of offenses investigated by civilian law
enforcement agencies.
(b) Preparation by the Provost Marshal/Director of Emergency
Services.
[[Page 12148]]
The installation Provost Marshal/Director of Emergency Services
initiates this critical document and is responsible for its
distribution and establishing a suspense system to ensure timely
response by commanders. Disposition reports are part of the reporting
requirements within DA, DOD, and DOJ.
(c) Completion by the unit commander. Company, troop, and battery
level commanders are responsible and accountable for completing DA Form
4833 with supporting documentation in all cases investigated by MPI,
civilian detectives employed by the Department of the Army, and the
PMO. The Battalion Commander or the first Lieutenant Colonel in the
chain of command is responsible and accountable for completing DA Form
4833 with support documentation (copies of Article 15s, court-martial
orders, reprimands, etc.) for all USACIDC investigations. The commander
will complete the DA Form 4833 within 45 days of receipt.
(1) Appropriate blocks will be checked and blanks annotated to
indicate the following:
(i) Action taken (for example, judicial, nonjudicial, or
administrative). In the event the commander takes action against the
soldier for an offense other than the one listed on the DA Form 3975,
the revised charge or offense will be specified in the REMARKS section
of the DA Form 4833.
(ii) Sentence, punishment, or administrative action imposed.
(iii) Should the commander take no action, the DA Form 4833 must be
annotated to reflect that fact.
(2) If the commander cannot complete the DA Form 4833 within 45
days, a written memorandum is required to explain the circumstances.
The delay will have an impact on other reporting requirements (e.g.,
submitting fingerprint cards to the FBI).
(d) Procedures when subjects are reassigned. When the subject of an
offense is reassigned, the Provost Marshal/Director of Emergency
Services will forward the DA Form 3975, DA Form 4833, and all pertinent
attachments to the gaining installation Provost Marshal/Director of
Emergency Services who must ensure that the new commander completes the
document. Copies of the documents may be made and retained by the
processing Provost Marshal Office/Directorate of Emergency Services
before returning the documents to the losing installation Provost
Marshal/Director of Emergency Services for completion of automated
entries and required reports.
(e) Report on subjects assigned to other installations. When the DA
Form 3975 involves a subject who is assigned to another installation,
the initiating Provost Marshal/Director of Emergency Services will
forward the original and two copies of DA Form 4833 to the Provost
Marshal/Director of Emergency Services of the installation where the
soldier is permanently assigned. The procedures in paragraph (d) of
this section will be followed for soldiers assigned to other commands.
(f) Offenses not reportable to USACRC. When the offense is not
within a category reportable to USACRC, the original DA Form 4833 is
retained by the Provost Marshal/Director of Emergency Services.
Otherwise, the original is sent to the Director, USACRC for filing with
the MPR.
(g) Civilian court proceedings. If a soldier is tried in a civilian
court, and the Provost Marshal/Director of Emergency Services has
initiated a MPR, the Provost Marshal/Director of Emergency Services
must track the civilian trial and report the disposition on DA Form
4833 as appropriate. That portion of the signature block of DA Form
4833 that contains the word ``Commanding'' will be deleted and the word
``Reporting'' substituted. The Provost Marshal/Director of Emergency
Services or other designated person will sign DA Form 4833 before
forwarding it to USACRC.
(h) Dissemination to other agencies. A copy of the completed DA
Form 4833 reflecting offender disposition will also be provided to
those agencies or offices that originally received a copy of DA Form
3975 when evidence is involved. The evidence custodian will also be
informed of the disposition of the case. Action may then be initiated
for final disposition of evidence retained for the case now completed.
(i) Review of offender disposition by the Provost Marshal/Director
of Emergency Services. On receipt of DA Form 4833 reflecting no action
taken, the Provost Marshal/Director of Emergency Services will review
the MPR. The review will include, but is not limited to the following--
(1) Determination of the adequacy of supporting documentation.
(2) Whether or not coordination with the supporting Staff Judge
Advocate should have been sought prior to dispatch of the report to the
commander for action.
(3) Identification of functions that warrant additional training of
military police or security personnel (for example, search and seizure,
evidence handling, or rights warning).
(j) Offender disposition summary reports. Provost Marshals/
Directors of Emergency Services will provide the supported commander
(normally, the general courts-martial convening authority or other
persons designated by such authority) summary data of offender
disposition as required or appropriate. Offender disposition summary
data will reflect identified offenders on whom final disposition has
been reported. These data will be provided in the format and at the
frequency specified by the supported commander.
Sec. 635.24 Updating the COPS MPRS.
Installation Provost Marshals/Directors of Emergency Services will
establish standard operating procedures to ensure that every founded
offense is reported into the COPS MPRS. Timely and accurate reporting
is critical. If a case remains open, changes will be made as
appropriate. This includes reporting additional witnesses and all
aspects of the criminal report.
Sec. 635.25 Submission of criminal history data to the CJIS.
(a) General. This paragraph establishes procedures for submitting
criminal history data (fingerprint cards) to CJIS when the Provost
Marshal/Director of Emergency Services has completed a criminal inquiry
or investigation. The policy only applies to members of the Armed
Forces and will be followed when a military member has been read
charges and the commander initiates proceedings for--
(1) Field Grade Article 15, Uniform Code of Military Justice.
Initiation refers to a commander completing action to impose non-
judicial punishment. Final disposition shall be action on appeal by the
next superior authority, expiration of the time limit to file an
appeal, or the date the military member indicates that an appeal will
not be submitted.
(2) A special or general courts-martial. Initiation refers to the
referral of court-martial charges to a specified court by the convening
authority or receipt by the commander of an accused soldier's request
for discharge in lieu of court-martial. Final disposition of military
judicial proceedings shall be action by the convening authority on the
findings and sentence, or final approval of a discharge in lieu of
court-martial. The procedures in this subpart meet administrative and
technical requirements for submitting fingerprint cards and criminal
history information to CJIS. No variances are authorized. Results of
summary court-martial will not be reported to the FBI.
[[Page 12149]]
(3) DA Form 4833. In instances where final action is taken by a
magistrate, the Provost Marshal/Director of Emergency Services will
complete the DA Form 4833.
(4) Fingerprint cards. Provost Marshal Offices/Directorates of
Emergency Services will submit fingerprint cards on subjects
apprehended as a result of Drug Suppression Team investigations and
operations unless the USACIDC is completing the investigative activity
for a felony offense. In those cases, the USACIDC will complete the
fingerprint report process.
(b) Procedures. The following procedures must be followed when
submitting criminal history data to CJIS.
(1) Standard FBI fingerprint cards will be used to submit criminal
history data to CJIS. FBI Form FD 249, (Suspect Fingerprint Card) will
be used when a military member is a suspect or placed under
apprehension for an offense listed in Appendix D of AR 190-45. Two FD
249s will be completed. One will be retained in the Provost Marshal/
Director of Emergency Services file. The second will be sent to the
Director, USACRC and processed with the MPR as prescribed in this
subpart. A third set of prints will also be taken on the FBI Department
of Justice (DOJ) Form R-84 (Final Disposition Report). The R-84
requires completion of the disposition portion and entering of the
offenses on which the commander took action. Installation Provost
Marshals/Directors of Emergency Services are authorized to requisition
the fingerprint cards by writing to FBI, J. Edgar Hoover Building,
Personnel Division, Printing Unit, Room lB973, 925 Pennsylvania Ave.,
NW., Washington, DC 20535-0001.
(2) Fingerprint cards will be submitted with the MPR to the
Director, USACRC, ATTN: CICR-CR, 6010 6th Street, Fort Belvoir, VA
22060-5585 only when the commander has initiated judicial or
nonjudicial action amounting to a Field Grade Article 15 or greater.
The Director, CRC will forward the fingerprint card to CJIS. The USACRC
is used as the central repository for criminal history information in
the Army. They also respond to inquiries from CJIS, local, state and
other federal law enforcement agencies.
(3) Submission of the MPR with the FD 249 to USACRC will normally
occur upon a commander's initiation of judicial or nonjudicial
proceedings against a military member. If final disposition of the
proceeding is anticipated within 60 days of command initiation of
judicial or nonjudicial proceedings, the FD 249 may be held and final
disposition recorded on FD 249. Provost Marshals/Directors of Emergency
Services and commanders must make every effort to comply with the 60
days reporting requirement to ensure that the FD Form 249 is used as
the primary document to submit criminal history to CJIS. Approval of a
discharge in lieu of court-martial will be recorded as a final
disposition showing the nature and character of the discharge in
unabbreviated English (e.g., resignation in lieu of court-martial;
other than honorable discharge) and will also be forwarded to USACRC.
(4) If the commander provides the DA Form 4833 after the 60th day,
a letter of transmittal will be prepared by the Provost Marshal/
Director of Emergency Services forwarding the FBI (DOJ) R-84 with the
DA Form 4833 to the USACRC within 5 days after disposition. Submission
of fingerprint cards shall not be delayed pending appellate actions.
Dispositions that are exculpatory (e.g., dismissal of charges,
acquittal) shall also be filed.
(5) The procedures for submitting fingerprint cards will remain in
effect until automated systems are in place for submission of
fingerprints electronically.
Sec. 635.26 Procedures for reporting absence without leave (AWOL) and
desertion offenses.
(a) AWOL reporting procedures. (1) The commander will notify the
installation Provost Marshal/Director of Emergency Services in writing
within 24 hours after a soldier has been reported AWOL.
(2) The Provost Marshal/Director of Emergency Services will
initiate an information blotter entry.
(3) If the AWOL soldier surrenders to the parent unit or returns to
military control at another installation, the provisions of AR 630-10
will be followed.
(4) On receipt of written notification of the AWOL soldier's return
or upon apprehension, the Provost Marshal/Director of Emergency
Services will initiate a reference blotter entry indicating the
soldier's return to military control and will prepare an initial DA
Form 3975, reflecting the total period of unauthorized absence, and the
DA Form 4833. Both of these documents will be forwarded through the
field grade commander to the unit commander.
(5) The unit commander will report action taken on the DA Form 4833
no later than the assigned suspense date or provide a written
memorandum to the Provost Marshal/Director of Emergency Services
explaining the delay.
(6) An original DD Form 460 (Provisional Pass) is issued to the
soldier to facilitate their return to the parent unit. DD Form 460 will
not be required if the Provost Marshal/Director of Emergency Services
elects to return the soldier through a different means.
(7) If the soldier is apprehended at or returns to an installation
other than his or her parent installation DA Form 3975 and 4833 with a
copy of DD Form 460 will be sent to the parent installation Provost
Marshal/Director of Emergency Services. The parent installation Provost
Marshal/Director of Emergency Services will initiate an information
blotter entry reflecting the AWOL soldiers return to military control.
A DA Form 3975 and 4833 with an appropriate suspense will be sent
through the field grade commander to the unit commander. On return of
the completed DA Form 4833 from the unit commander, the original and
one copy will be sent to the apprehending Provost Marshal/Director of
Emergency Services. The parent installation Provost Marshal/Director of
Emergency Services may retain a copy of DA Form 3975 and DA Form 4833.
(b) Desertion reporting procedures. (1) The unit commander must
comply with the provisions of AR 630-10 when reporting a soldier as a
deserter.
(2) On receipt of the DD Form 553 (Deserter/Absentee Wanted by the
Armed Forces), the Provost Marshal/Director of Emergency Services
will--
(i) Initiate a DA Form 3975 and a blotter entry reflecting the
soldier's desertion status.
(ii) Complete portions of DD Form 553 concerning the soldier's
driver's license and vehicle identification. In the remarks section,
add other information known about the soldier such as confirmed or
suspected drug abuse; history of violent acts; history of escapes;
attempted escapes from custody; suicidal tendencies; suspicion of
involvement in crimes of violence (for which a charge sheet has been
prepared and forwarded); history of unauthorized absences; and any
other information useful in the apprehension process or essential to
protect the deserter or apprehending authorities.
(iii) An MPR number and a USACRC control number will be assigned to
the case and be included in the remarks section of the DD Form 553.
(iv) The DD Form 553 must be returned to the unit commander within
24 hours.
(v) If the deserter surrenders to or is apprehended by the parent
installation Provost Marshal/Director of Emergency Services, the
Provost Marshal/Director of Emergency Services will telephonically
verify the deserter's status with the U.S. Army Deserter Information
Point (USADIP). A
[[Page 12150]]
reference blotter entry will be completed changing the soldier's status
from desertion to return to military control.
(vi) If the deserter surrenders to or is apprehended by an
installation not the parent installation, the Provost Marshal/Director
of Emergency Services will telephonically verify the deserter's status
with USADIP. An information military police report will be prepared,
utilizing the CRC number from the original military police report
prepared by the parent installation. A blotter entry will also be
prepared.
(vii) A DD Form 616 (Report of Return of Absentee) will be
completed when deserters are apprehended or surrender to military
authority. The USACRC control number assigned to the DD Form 553 will
be included in the remarks section of the DD Form 616.
(viii) Upon return of the deserter to military control, DA Forms
3975, 2804 (Crime Records Data), fingerprint card and 4833 will be
initiated. The MPR number and USACRC control number will be recorded on
all four forms.
(ix) The original DA Form 3975 and other pertinent documents will
be sent to the Director, USACRC. The DA Form 4833 must include the
commander's action taken, to include the Commander, Personnel Control
Facility, or other commander who takes action based on the desertion
charge.
Sec. 635.27 Vehicle Registration System.
The Vehicle Registration System (VRS) is a module within COPS. Use
of VRS to register vehicles authorized access to Army installations is
mandated in AR 190-5. Within VRS there are various tabs for
registration of vehicles authorized access to an installation, to
include personal data on the owner of the vehicle. There are also tabs
for registering weapons, bicycles, and pets. Information on individuals
barred entry to an installation is also maintained within VRS.
Sec. 635.28 Procedures for restricted/unrestricted reporting in
sexual assault cases.
Active duty Soldiers, and Army National Guard and U.S. Army Reserve
Soldiers who are subject to military jurisdiction under the UCMJ, can
elect either restricted or unrestricted reporting if they are the
victim of a sexual assault.
(a) Unrestricted Reporting. Unrestricted reporting requires normal
law enforcement reporting and investigative procedures.
(b) Restricted reporting requires that law enforcement and criminal
investigative organizations not be informed of a victim's identity and
not initiate investigative procedures. The victim may allow Sexual
Assault Response Coordinators (SARC), health care providers (HCP), or
chaplains to collect specific items (clothing, bedding, etc.) that may
be later used as evidence, should the victim later decide to report the
incident to law enforcement. In sexual assault cases additional
forensic evidence may be collected using the ``Sexual Assault Evidence
Collection Kit,'' NSN 6640-01-423-9132, or a suitable substitute
(hereafter, ``evidence kit''). The evidence kit, other items such as
clothing or bedding sheets, and any other articles provided by the HCP,
SARC, or chaplain will be stored in the installation Provost Marshal/
Directorate of Emergency Services' evidence room separate from other
evidence and property. Procedures for handling evidence specified in AR
195-5, Evidence Procedures, will be strictly followed.
(c) Installation Provost Marshals/Directors of Emergency Services
will complete an information report in COPS for restricted reporting.
Reports will be completed utilizing the offense code from the 6Z
series. An entry will be made in the journal when the evidence kit or
property (clothing, bedding, etc.) is received. The journal entry will
be listed using non-identifying information, such as an anonymous
identifier. An entry will not be made in the blotter. Restricted
reporting incidents are not reportable as Serious Incident Reports.
Property and the evidence kit will be stored for one year and then
scheduled/suspensed for destruction, unless earlier released to
investigative authorities in accordance with the victim's decision to
pursue unrestricted reporting. Thirty days prior to destruction of the
property, a letter will be sent to the SARC by the Provost Marshal/
Director of Emergency Services, advising the SARC that the property
will be destroyed in thirty days, unless law enforcement personnel are
notified by the SARC that the victim has elected unrestricted
reporting. Clothing, the evidence kit, or other personal effects may be
released to the SARC for return to the victim. The information report
will be updated when the evidence is destroyed, or released to
investigative authorities.
(d) In the event that information about a sexual assault that was
made under restricted reporting is disclosed to the commander from a
source independent of the restricted reporting avenues or to law
enforcement from other sources, but from a source other than the SARC,
HCP, chaplain, or Provost Marshal/Director of Emergency Services, the
commander may report the matter to law enforcement and law enforcement
remains authorized to initiate its own independent investigation of the
matter presented. Additionally, a victim's disclosure of his/her sexual
assault to persons outside the protective sphere of the persons covered
by the restricted reporting policy may result in an investigation of
the allegations.
Sec. 635.29 Domestic violence and protection orders.
(a) Responding to incidents of spouse abuse requires a coordinated
effort by law enforcement, medical, and social work personnel, to
include sharing information and records as permitted by law and
regulation. AR 608-18 contains additional information about domestic
violence and protective orders.
(b) Appendix C of AR 190-45 includes specific offense codes for
domestic violence. All domestic violence incidents will be reported to
the local PMO. All reported domestic violence incidents will be entered
into MPRS, utilizing DA Form 3975. These codes will be utilized in
addition to any other offense code that may be appropriate for an
incident. For example, a soldier strikes his or her spouse. When
entering the offense data into MPRS, both the offense code for assault
(i.e. 5C2B) and the offense code for spouse abuse (from the 5D6 series)
will be entered.
(c) A military Protection Order is a written lawful order issued by
a commander that orders a soldier to avoid contact with his or her
spouse or children. Violations of a military Protection Order must be
reported on DA Form 3975, entered into COPS, and entered into NCIC.
Violations of a military Protection Order may be violations of Article
92, UCMJ. The commander should provide a written copy of the order
within 24 hours of its issuance to the person with whom the member is
ordered not to have contact. A copy should be forwarded to the
installation Family Advocacy Program Manager (FAPM), the Chief, Social
Work Service, and the installation military police.
(d) A civilian Protection Order is an order issued by a judge,
magistrate or other authorized civilian official, ordering an
individual to avoid contact with his or her spouse or children.
Pursuant to the Armed Forces Domestic Security Act a civilian
protection order has the same force and effect on a military
installation as such order has within the jurisdiction of the court
that issued the order. Violations of a civilian Protection Order must
be reported on
[[Page 12151]]
DA Form 3975, entered into COPS, and entered into NCIC.
Sec. 635.30 Establishing Domestic Violence Memoranda of
Understanding.
(a) Coordination between military law enforcement personnel and
local civilian law enforcement personnel is essential to improve
information sharing, especially concerning domestic violence
investigations, arrests, and prosecutions involving military personnel.
Provost Marshals/Directors of Emergency Services or other law
enforcement officials shall seek to establish formal Memoranda of
Understanding (MOU) with their civilian counterparts to establish or
improve the flow of information between their agencies, especially in
instances of domestic violence involving military personnel. MOUs can
be used to clarify jurisdictional issues for the investigation of
incidents, to define the mechanism whereby local law enforcement
reports involving active duty service members will be forwarded to the
appropriate installation law enforcement office, to encourage the local
law enforcement agency to refer victims of domestic violence to the
installation Family Advocacy office or victim advocate, and to foster
cooperation and collaboration between the installation law enforcement
agency and local civilian agencies.
(b) MOUs should address the following issues:
(1) A general statement of the purpose of the MOU.
(2) An explanation of jurisdictional issues that affect respective
responsibilities to and investigating incidents occurring on and off
the installation. This section should also address jurisdictional
issues when a civilian order of protection is violated on military
property (see 10 U.S.C. 1561a).
(3) Procedures for responding to domestic violence incidents that
occur on the installation involving a civilian alleged offender.
(4) Procedures for transmitting incident/investigation reports and
other law enforcement information on domestic violence involving active
duty service members from local civilian law enforcement agencies to
the installation law enforcement office.
(5) Procedures for transmitting civilian protection orders (CPOs)
issued by civilian courts or magistrates involving active duty service
members from local law enforcement agencies to the installation law
enforcement office.
(6) Designation of the title of the installation law enforcement
recipient of such information from the local law enforcement agency.
(7) Procedures for transmitting military protection orders (MPOs)
from the installation law enforcement office to the local civilian law
enforcement agency with jurisdiction over the area in which the service
member resides.
(8) Designation of the title of the local law enforcement agency
recipient of domestic violence and CPO information from the
installation law enforcement agency.
(9) Respective responsibilities for providing information to
domestic violence victims regarding installation resources when either
the victim or the alleged offender is an active duty service member.
(10) Sharing of information and facilities during the course of an
investigation in accordance with the Privacy Act of 1974 (see 5 U.S.C.
552a(b)(7)).
(11) Regular meetings between the local civilian law enforcement
agency and the installation law enforcement office to review cases and
MOU procedures.
Sec. 635.31 Lost, abandoned, or unclaimed property.
This is personal property that comes into the possession, custody,
or control of the Army and is unclaimed by the owner. Property is
considered to be abandoned only after diligent effort has been made to
determine and locate its owner, the heir, next of kin, or legal
representative. A military person who is ordered overseas and is unable
to dispose of their personal property should immediately notify their
chain-of-command. The commander will appoint a board to rule on the
disposition of the property. If a law enforcement agency takes custody
of the property it will be tagged and a record made as shown in
paragraph (a) of this section. A report will be made to the
installation commander who will take action in accordance with DOD
4160.21-M, chapter 4, paragraph 40, Defense Materiel Disposition
Manual. Pending board action under DOD 4160.21-M, the law enforcement
agency having physical custody is responsible for the safekeeping of
seized property. The following procedures should be used:
(a) Property will be tagged using DA Form 4002 (Evidence/Property
Tag) or clearly identified by other means, inventoried, and made a
matter of record. These records are kept by the custodian of the
property.
(b) Lost, abandoned, or unclaimed property will be kept in a room
or container separate from one used to store property held as evidence.
Records or logs of property not held as evidence will be separated from
those pertaining to evidence. However, all property will be tagged,
accounted for, and receipted for in a similar manner as evidence.
(c) Property that has been properly identified through board action
under DOD 4160.21-M as having an owner will be segregated and tagged
with the name of that person.
(d) Abandoned or unclaimed property will be held until its status
can be determined. In many instances, lost property can be returned to
the owner upon presentation of proof of ownership.
(e) In all cases, a receipt should be obtained at time of release.
Subpart D--Army Quarterly Trends and Analysis Report
Sec. 635.32 General.
(a) This subpart prescribes policies and procedures for the
coordination and standardization of crime statistics reporting with
HQDA. Crime statistical reports and trends provided to HQDA and other
agencies and those related to special interests inquiries, the media,
and the public must reflect uniformity in terminology, methods of
presentation, and statistical portrayal to preclude misinterpretation
of information.
(b) Any report containing Army-wide aggregate crime data or
statistics addressed to the Secretary of the Army, Chief of Staff of
the Army, or Vice Chief of Staff of the Army will be coordinated and
cleared with HQDA, Office of the Provost Marshal General (DAPM-MPD-LE).
Correspondence and reports will be coordinated with HQDA, Office of the
Provost Marshal General (DAPM-MPD-LE) prior to release to any agency,
activity, or individual.
(c) HQDA staff agencies ACOM, ASCC and DRU authorized by regulation
or statute to conduct independent investigations, audits, analyses, or
inquiries need not coordinate reported information with HQDA, Office of
the Provost Marshal General (DAPM-MPD-LE) unless the information
contains crime data for the Army as a whole. For example, reports
submitted by USACIDC containing only USACIDC investigative data need
not be coordinated with HQDA, Office of the Provost Marshal General
(DAPM-MPD-LE).
Sec. 635.33 Crime rate reporting.
(a) The USACRC is the Army's collection point and analytic center
for all Army aggregate crime data. Requests for Army-wide crime data
reports will
[[Page 12152]]
be forwarded through HQDA, Office of the Provost Marshal General (DAPM-
MPD-LE) to the Director, USACRC. Replies will be routed back through
HQDA Office of the Provost Marshal General (DAPM-MPD-LE) where they
will be coordinated, as appropriate, prior to release. Requests for
USACIDC, ACOM, ASCC, DRU, or subordinate command specific crime data
reports can be made directly to the specific command. Replies need not
be coordinated with HQDA.
(b) Requests for Army aggregate crime reports are limited to data
collected and accessible through the Automated Criminal Investigation
and Intelligence System (ACI2) and COPS.
(c) Routine collection of ACOM, ASCC or DRU crime data, for use in
Army-wide database, will be limited to that data collected by the above
systems. ACOM, ASCC and DRU may determine internal data collection
requirements.
(d) All Provost Marshal/Director of Emergency Services crime data
will be recorded and forwarded by installations through ACOM, ASCC or
DRU using the COPS system.
(e) In support of the Secretary Of the Army and the Office of the
Chief of Staff of the Army, the Chief, Operations Division, Office of
the Provost Marshal General, will determine the requirements for
routine publication of Army aggregate crime statistics.
(f) Normally, raw data will not be released without analysis on
routine or non-routine requests. Comparison of ACOM, ASCC or DRU crime
data is generally not reported and should be avoided. General
categories of CONUS or OCONUS are appropriate.
Subpart E--Victim and Witness Assistance Procedures
Sec. 635.34 General.
(a) This subpart implements procedures to provide assistance to
victims and witnesses of crimes that take place on Army installations
and activities. The procedures in this subpart apply to--
(1) Every victim and witness.
(2) Violations of the UCMJ, including crimes assimilated under the
Assimilative Crimes Act reported to or investigated by military police.
(3) Foreign nationals employed or visiting on an Army installation
OCONUS.
(b) Provost Marshal/Director of Emergency Services personnel should
refer to AR 27-10, Chapter 18, for additional policy guidance on the
Army Victim/Witness Program.
Sec. 635.35 Procedures.
(a) As required by Federal law, Army personnel involved in the
detection, investigation, and prosecution of crimes must ensure that
victims and witnesses rights are protected. Victims rights include--
(1) The right to be treated with fairness, dignity, and a respect
for privacy.
(2) The right to be reasonably protected from the accused offender.
(3) The right to be notified of court proceedings.
(4) The right to be present at all public court proceedings related
to the offense, unless the court determines that testimony by the
victim would be materially affected if the victim heard other testimony
at trial, or for other good cause.
(5) The right to confer with the attorney for the Government in the
case.
(6) The right to restitution, if appropriate.
(7) The right to information regarding conviction, sentencing,
imprisonment, and release of the offender from custody.
(b) In keeping with the requirements listed in paragraph (a) of
this section, Provost Marshals/Directors of Emergency Services must
ensure that--
(1) All law enforcement personnel are provided copies of DD Form
2701 (Initial Information for Victims and Witnesses of Crime).
(2) A victim witness coordinator is appointed in writing.
(3) Statistics are collected and reported into COPS.
(4) Coordination with the installation staff judge advocate victim
witness coordinator occurs to ensure that individuals are properly
referred for information on restitution, administrative, and judicial
proceedings.
(5) Coordination with installation Family Advocacy Program's Victim
Advocate occurs to support victims of spouse abuse. Victim Advocacy
services include crisis intervention, assistance in securing medical
treatment for injuries, information on legal rights and proceedings,
and referral to military and civilian shelters and other resources
available to victims.
Sec. 635.36 Notification.
(a) In addition to providing crime victims and witnesses a DD Form
2701, law enforcement personnel must ensure that individuals are
notified about--
(1) Available military and civilian emergency medical care.
(2) Social services, when necessary.
(3) Procedures to contact the staff judge advocate victim/witness
liaison office for additional assistance.
(b) Investigating law enforcement personnel, such as military
police investigators--
(1) Must ensure that victims and witnesses have been offered a DD
Form 2701. If not, investigating personnel will give the individual a
copy.
(2) In coordination with the Provost Marshal/Director of Emergency
Services victim witness coordinator, provide status on investigation of
the crime to the extent that releasing such information does not
jeopardize the investigation.
(3) Will, if requested, inform all victims and witnesses of the
apprehension of a suspected offender.
Sec. 635.37 Statistical reporting requirements.
(a) DOD policies on victim witness assistance require reporting of
statistics on the number of individuals who are notified of their
rights. The DA Form 3975 provides for the collection of statistical
information.
(b) The COPS system supports automated reporting of statistics.
HQDA, Office of the Provost Marshal General (DAPM-MPD-LE) as the
program manager may require periodic reports to meet unique requests
for information.
(c) It is possible that a victim or witness may initially decline a
DD Form 2701. As the case progresses, the individual may request
information. If a case is still open in the Provost Marshal Office/
Directorate of Emergency Services, the Provost Marshal/Director of
Emergency Services victim witness coordinator shall provide the DA Form
2701 to the individual and update the records. Once the case is
referred to the staff judge advocate or law enforcement activity
ceases, COPS will not be updated without prior coordination with the
installation Staff Judge Advocate office.
[FR Doc. E7-4513 Filed 3-14-07; 8:45 am]
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