[Title 32 CFR 631.11]
[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]
[Sec. 631.11 - Off-limits establishments and areas.]
[From the U.S. Government Printing Office]


32NATIONAL DEFENSE42002-07-012002-07-01false631.11Sec. 631.11NATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE ARMY (CONTINUED)LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONSARMED FORCES DISCIPLINARY CONTROL BOARDS AND OFF-INSTALLATION MILITARY ENFORCEMENT SERVICESArmed Forces Disciplinary Control Boards
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.