[Title 32 CFR B]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 32 - NATIONAL DEFENSE]
[Subtitle A - Department of Defense (Continued)]
[Chapter V - DEPARTMENT OF THE ARMY (CONTINUED)]
[Subchapter I - LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS]
[Part 631 - ARMED FORCES DISCIPLINARY CONTROL BOARDS AND OFF-INSTALLATION MILITARY ENFORCEMENT SERVICES]
[Subpart B - Armed Forces Disciplinary Control Boards]
[From the U.S. Government Printing Office]
32NATIONAL DEFENSE42002-07-012002-07-01falseArmed Forces Disciplinary Control BoardsBSubpart BNATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE ARMY (CONTINUED)LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONSARMED FORCES DISCIPLINARY CONTROL BOARDS AND OFF-INSTALLATION MILITARY ENFORCEMENT SERVICES
Subpart B--Armed Forces Disciplinary Control Boards
Sec. 631.5 General.
(a) Armed Forces Disciplinary Control Boards (AFDCBs) may be
established by installation, base, or station commanders. The mission of
AFDCBs is as follows:
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(1) Advise and make recommendations to commanders on matters
concerning the elimination of crime or other conditions which may
negatively affect the health, safety, morals, welfare, morale, or
discipline of Armed Forces personnel.
(2) Insure the establishment and maintenance of the highest degree
of liaison and coordination between military commands and appropriate
civil authorities.
(b) Where installations of two or more military Services are located
or which are frequented by personnel of two or more Services, there will
be joint Service participation in any AFDCB. In such cases, the
commander of the Service with the greatest number of troops will serve
as the ``sponsoring commander'' of the board. When there is joint
participation in AFDCBs, written agreements will be executed by the
respective Service installation commanders. These agreements will
designate the sponsoring commander and delineate the joint Service
participation.
Sec. 631.6 Responsibilities.
(a) Major Army commanders, Navy commanders, Marine Corps commanders,
Air Force commanders, and Coast Guard commanders will--
(1) Monitor the establishment of and participation in AFDCBs by
subordinate commands.
(2) Encourage subordinate commanders to participate in joint Service
boards where appropriate.
(3) Resolve differences among subordinate commanders in regard to
board areas of responsibility and the designation of sponsoring
commanders.
(4) Evaluate board recommendations and actions from subordinate
sponsoring commanders.
(5) Forward to HQDA (DAPE-HRE), WASH, DC 20310, reports that require
Service headquarters action to accomplish the following:
(i) Correct situations which would adversely affect the health,
safety, morals, welfare, morale, or discipline of Armed Forces
personnel.
(ii) Surface positive programs having widespread applicability.
(6) Insure procedures are established to notify the responsible
individuals to insure that off-limits restrictions are made known and
applicable to all Armed Forces personnel who may frequent the area in
question. These would be off-limits restrictions approved and so
declared by subordinate sponsoring commanders.
(7) Insure that subordinate commanders assess the availability of
drug abuse paraphernalia in the vicinity of DOD installations through
their AFDCBs in accordance with DOD Directive 1010.4, Alcohol and Drug
Abuse by DOD Personnel. Drug abuse paraphernalia is defined as all
equipment, products, and materials of any kind that are used, intended
for use, or designed for use, in planting, propagating, cultivating,
growing, harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, inhaling, or
otherwise introducing into the human body a controlled substance in
violation of the Controlled Substances Act.
(b) In each AFDCB area, the commander of the installation with the
largest base population will be designated the AFDCB sponsoring
commanders. Sponsoring commanders will provide administrative support,
as shown below, for the AFDCB programs.
(1) Promulgate implementing directives and call meetings of the
board.
(2) Provide a recorder for the board.
(3) Provide copies of the minutes of the meetings of the board to--
(i) Other Service commanders who provide board representatives.
(ii) BUPERS (for Navy only).
(iii) Other AFDCBs as appropriate.
(4) Approve or disapprove the minutes and recommendations of the
board and make appropriate distribution, as required.
(5) Publish lists of ``off-limits'' establishments and areas.
(6) Insure notification to the responsible individuals of any
unfavorable actions being contemplated or taken regarding their
establishments in accordance with appendix B.
(7) Distribute all pertinent information to the following:
(i) All units within their jurisdictional area.
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(ii) Units stationed in other areas whose personnel frequently visit
their jurisdictional area.
(c) (For Army only). Commanders of Army installations depicted in
Map 18, AR 5-9, are responsible for coordinating activities of AFDCB in
their areas. They may serve as sponsoring commanders or participate as
members of Joint Service Boards. They may approve the establishment of
separate AFDCB for Army installations within their area when it is in
the best interest of the Army to do so. Changes in AFDCB areas of
responsibility may be approved by MACOMs of installations concerned.
(d) (For Army only). The Commander, US Army Health Services Command
will--
(1) Assure that subordinate commanders provide one of the following
to sit as a member of each established board--
(i) A Medical Corps officer.
(ii) A health and environment oriented Medical Service Corps (MSC)
officer of the Army Medical Department (AMEDD).
(2) Encourage subordinate commanders to--
(i) Maintain liaison with other governmental and civilian health
agencies to detect unsafe or unhealthy conditions within the geographic
area of each supported board.
(ii) Advise the board of conditions which adversely affect Armed
Forces personnel.
Sec. 631.7 Composition of boards.
(a) Each board shall, as a minimum, consist of representatives from
the following functional areas:
(1) Law enforcement.
(2) Legal.
(3) Health and environment.
(4) Public affairs.
(5) Equal opportunity.
(6) Safety.
(7) Chaplains.
(8) Alcohol and drug abuse.
(9) Personnel and community activities.
(b) Sponsoring commanders will determine, by position, which board
members will be designated as voting members. Such designations will be
included in the written agreements establishing the boards.
(c) Normally the sponsoring commander will designate a member of his
staff as the board President.
Sec. 631.8 Civil agencies.
(a) Civil agencies or individuals may be invited to board meetings
as observers or witnesses in jurisdictions where they have knowledge of
problems in the board's area of interest. These would be civil agencies
or individuals concerned with law enforcement, public health, welfare,
consumer affairs, and the safeguarding of morals.
(b) Boards should be used to establish and maintain liaison between
installations and civil agencies. A recommended method is to mail
announcements and summaries of the results of board meetings to
appropriate civil agencies. These agencies include, but are not limited
to, those found in appendix A.
Sec. 631.9 Duties and functions of boards.
The AFDCBs will--
(a) Meet in session as prescribed by the AFDCB Procedures Guide in
appendix B.
(b) Receive and take appropriate action on reports of conditions in
their jurisdictional areas relating to any of the following:
(1) Lack of discipline.
(2) Prostitution.
(3) Venereal disease.
(4) Liquor violations.
(5) Racial and other discriminatory practices.
(6) Alcohol and drug abuse.
(7) Drug abuse paraphernalia.
(8) Disorder.
(9) Illicit gambling.
(10) Unfair commercial or consumer practices.
(11) Other undesirable conditions that may adversely affect members
of the military or their families.
(c) Report the following to all major commanders in the board's area
of jurisdiction:
(1) Any conditions cited in paragraph (b) of this section.
(2) The board's recommended action as approved by the board's
sponsoring commander.
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(d) Conduct active liaison with appropriate civil authorities on
problems or adverse conditions existing in the board's area of interest.
(e) Make recommendations to commanders in the board's area of
jurisdiction concerning off-installation procedures to prevent or
control undesirable conditions.
Sec. 631.10 Administration.
(a) Commanders are authorized to acquire, report, process, and store
information concerning persons and organizations, whether or not
affiliated with the Department of Defense (DOD) (AR 380-13), which:
(1) Adversely affects the health, morals, welfare, morale, or
discipline of Armed Forces personnel regardless of status.
(2) Describes crime conducive conditions of which Armed Forces
personnel may become victims.
(b) Information described in paragraph (a) of this section may be
filed by organization; however, it will not be retrievable on the basis
of individual personal identification date, e.g., SSN, name, or address.
The information should be retained only as long as the described
conditions or threat to the welfare of Armed Forces personnel continues
to exist.
(c) Boards will function under the supervision of a president.
(d) Certain expenses incurred by Service members in the course of an
offical board investigation or inspection may be reimbursable. This
would be done in accordance with appropriate Service finance regulations
or instructions. These requests should be submitted to the sponsoring
Service finance office and charged to the appropriate law enforcement
account. (For the Army, this account is the T6 account.)
(e) Records of board proceedings will be maintained as prescribed by
records management policies and procedures for the Service of the
sponsoring commander.
Sec. 631.11 Off-limits establishments and areas.
(a) An off-limits area is defined as any vehicle, conveyance, place,
structure, building, or area prohibited to military personnel to use,
ride, visit, or enter during the period in which it may be declared off-
limits. As a matter of policy, the change in ownership, management, or
name of any off-limits establishment does not, in and of itself, revoke
the off-limits restriction.
(b) The establishment of off-limits areas is a function of command.
It may be used by commanders to help maintain good discipline and an
appropriate level of good health, morale, safety, morals, and welfare of
Armed Forces personnel. Off-limits action is also used to preclude Armed
Forces personnel from being exposed to crime conducive conditions or
from becoming the victims of crimes. Where sufficient cause exists,
commanders retain substantial discretion to declare establishments or
areas temporarily off-limits to personnel or their respective command in
emergency situations. Temporary off-limits restrictions issued by
commanders in an emergency situation will be acted upon by the AFDCB on
a priority basis.
(c) Armed Forces personnel are prohibited from entering
establishments or areas declared off-limits in accordance with this
regulation. Violations may subject the individual to disciplinary action
under the Uniform Code of Military Justice (UCMJ). As general policy,
these establishments will not be visited by military law enforcement
personnel unless circumstances warrant.
(d) Prior to initiating routine off-limits action, installation
commanders will attempt to correct, through contact with local civilian
leaders, any adverse condition or situation. If these actions are
unsuccessful, commanders will submit reports, requesting off-limits
action, to the AFDCB serving their area.
(e) The AFDCB, prior to recommending off-limits restriction, will
send written notice of the alleged adverse condition or situation, by
certified mail with return receipt requested, to the individual or firm
responsible for the alleged condition or situation. In this notice, the
AFDCB will offer a reasonable time to correct the condition or situation
and provide the individual or a designated representative with the
opportunity to
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present any relevant information to the board. (See sample letter at
annex A to App B.) If subsequent investigation reveals a failure by the
responsible person to take corrective action, the board should recommend
the imposition of the off-limits restriction.
(f) A specified time limit will not be established when an off-
limits restriction is invoked. The adequacy of the corrective action
taken by the proprietor of the establishment will be the determining
factor in removing an off-limits restriction.
(g) A person whose establishment or area has been declared off-
limits may, at any time, petition the president of the board for removal
of the off-limits restriction. The petition will be in writing. It
should state, in detail, the action taken to eliminate the adverse
conditions or situations that caused the imposition of the restriction.
In response to the petition, the President of the AFDCB may cause a
thorough investigation to be made of the status of these adverse
conditions or situations. A report of the results of the investigation
would be presented to the board. The board then will either recommend
removal or continuation of the off-limits restriction to the local
sponsoring commander.
(h) Off-limits procedures to be followed by the boards are in
appendix B. In the United States, off-limits signs will not be posted on
civilian establishments by US military authorities.