[Title 32 CFR C]
[Code of Federal Regulations (annual edition) - July 1, 2004 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 630 - ABSENTEE DESERTER APPREHENSION PROGRAM AND SURRENDER OF MILITARY PERSONNEL TO CIVILIAN LAW ENFORCEMENT AGENCIES]
[Subpart C - Desertion]
[From the U.S. Government Printing Office]


3242004-07-012002-07-01trueCSubpart CNATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE ARMY (CONTINUED)LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONSABSENTEE DESERTER APPREHENSION PROGRAM AND SURRENDER OF MILITARY PERSONNEL TO CIVILIAN LAW ENFORCEMENT AGENCIES
                          Subpart C--Desertion



Sec. 630.8  Administrative report.

    (a) The unit commander administratively classifies an absentee as a 
deserter and completes DD Form 553 when one or more of the following 
applies:
    (1) The facts and circumstances of the absence, without regard to 
the length of absence, indicates that the soldier may have committed the 
offense of desertion, as defined in articles 85 and 86 of the Uniform 
Code of Military Justice (UCMJ).
    (2) The soldier has been AWOL for 30 consecutive days.

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    (3) The soldier, without authority, has gone to or remains in a 
foreign country and while in the foreign country has requested, applied 
for, or accepted any type of asylum or resident permit from the country, 
or any governmental agency.
    (4) The soldier has returned to military control and departs absent 
prior to completion of any administrative or judicial action for a 
previous absence.
    (5) The soldier escapes from confinement.
    (6) The soldier is a special category absentee.
    (b) The unit commander promptly reports deserters to the provost 
marshal via DD Form 553 per AR 630-10, chapter 3.



Sec. 630.9  Processing deserter reports.

    (a) On receipt of reports of desertion or defectors, the Provost 
Marshall completes a blotter entry per AR 190-45, paragraph 4-6b. This 
is an initial blotter entry if a previous absentee entry had not been 
made.
    (b) The Provost Marshal then--
    (1) Ensures that the unit commander has accurately completed DD Form 
553.
    (2) Screens installation and state vehicle registration and 
completes identification portions of the DD Form 553.
    (3) In the remarks section of DD Form 553 adds other known 
information about the soldier such as:
    (i) Confirmed or suspected drug abuse.
    (ii) History of violence.
    (iii) History of escapes or attempted escapes from custody.
    (iv) Suicidal tendencies.
    (v) Suspicion of involvement in violent crimes for which there is a 
record of an active military police investigation being prepared and 
forwarded.
    (vi) History of other unauthorized absence.
    (vii) Any other information in the apprehension process or to 
protect the deserter or apprehending authorities.
    (4) Initiates a DA Form 3975, if not previously completed as an AWOL 
report, and assigns a USACRC Crime Control Number to the case.
    (5) Returns the completed DD Form 553 to the unit commander within 
24 hours. The provost marshal retains a copy of the DD Form 553.
    (6) Follows the procedures in section 630.8 of this part for special 
category absentees.
    (c) Within 48 hours of the soldier being dropped from the rolls 
(DFR) of the unit, the unit commander forwards the DD Form 553, with 
associated documents, through the Personnel Service Battalion to 
Commander, U.S. Army Enlisted Records Center, ATTN: PCRE-RD, 
Indianapolis, Indiana 46249-5300.



Sec. 630.10  Special category absentees.

    Commanders of absent soldiers assigned to special mission units and 
soldiers who have had access to top secret information during the 12 
months preceding the absence immediately report the soldier as a 
deserter regardless of the length of absence. On receipt of a special 
category absentee the provost marshal--
    (a) Immediately completes the procedures in Sec. 630.6 of this part.
    (b) Queries the NCIC missing person, interstate identification, and 
unidentified person files for a possible match using the absentee's 
identifying information (Social Security Number, date and place of 
birth, and physical description) to determine if he or she has been 
previously entered into the NCIC.
    (c) Enters the soldier into the NCIC wanted file after determining 
the soldier has not been entered previously. Outside continental United 
States (OCONUS) Provost Marshal NCIC entries are completed by sending a 
copy of the DD Form 553 to the USACRC facsimile machine Defense System 
Network (DSN) 656-0395 or commercial (301) 806-0395. OCONUS Provost 
Marshals who do not have facsimile equipment express mail the DD Form 
553 to Director, USCRC, ATTN: CICR-ZA, 6010 6th Street, Fort Belvoir, VA 
22060-5585.
    (d) Requests the assistance of the Director, USACRC, in obtaining 
pertinent information from security records maintained by the DIS.
    (e) Requests assistance of the U.S. State Department, in identifying 
and suspending existing passports and pending applications pertaining to 
the deserter. This includes transmitting a copy of the DD Form 553 by 
facsimile or express mail to the U.S. State Department, Deputy Assistant 
Secretary for Passport Services, ATTN: CA-PPT-

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C, McPherson Building, 1425 K Street NW., Washington DC 20524. A point 
of contact in the provost marshal office must be provided for the U.S. 
State Department. The facsimile commercial telephone number is (202) 
326-6271.
    (f) Notifies USACIDC, local FBI office, and local and State law 
enforcement agencies of the soldier's absence to establish an 
investigative task force. The task force acts as the focal point in 
collecting and disseminating information obtained through investigative 
activity.
    (g) Requests assistance from the nearest Air Force Office of Special 
Investigation (OSI) to determine if the absentee has been granted 
passage on a Military Airlift Command (MAC) Flight. Notification is also 
made to Headquarters, MAC, to deny passage on a MAC, flight by calling 
Office of Special Investigations, Scott Air Force Base, Illinois, DSN 
576-5413 or commercial 618-256-5413.
    (h) Transmits an electronic alert through the National Law 
Enforcement Telecommunications Systems (NLETS) to broadcast within the 
State, a specific State, and or regional broadcast (contiguous five 
States). NLETS messages must include the deserter's complete name, 
social security number, date and place of birth, physical description, 
and a statement that an entry has been made into the NCIC.
    (i) Coordinates with the Office of the Staff Judge Advocate to 
obtain search warrants, court orders, or subpoenas for searches of the 
deserter's residence, financial, credit card, postal, telephone, 
insurance, housing utilities, civilian medical records, and access to 
commercial land, air and sea transportation records.
    (j) Cancels the NCIC entry when notified by Chief, USADIP that the 
deserter packet has been received and the Chief, USADIP, is prepared to 
assume responsibility as the point of contact for verification of 
deserters.



Sec. 630.11  Escaped prisoner.

    (a) An escaped prisoner whose discharge has not been executed is 
administratively classified as a deserter. The installation Provost 
Marshal--
    (1) Requests assistance from civilian law enforcement agencies 
including the FBI.
    (2) Forwards copies of DD Form 553 to Chief, USADIP, showing 
distribution with Item 10 marked ``N/A.''
    (3) Enters a temporary warrant into the NCIC.
    (b) An escaped military prisoner whose discharge has been executed 
and who is not under the custody of the U.S. Attorney General is 
reported as an escaped military prisoner, not a deserter. The custodian 
of an escaped military prisoner's personnel records prepares DD Form 553 
clearly stating in items 12 and 19 that the individual is an escaped 
military prisoner. The DD Form 553 is sent to the installation provost 
marshal. A temporary warrant is entered into the NCIC by the 
installation provost marshal.



Sec. 630.12  USADIP procedures.

    (a) The Chief, USADIP--
    (1) Verifies information on the DD Form 553 with permanent personal 
records at the USAEREC.
    (2) Enters the soldier's name into the NCIC.
    (3) Forwards a copy of the DD Form 553 to all Federal, State and 
local law enforcement agencies who may be involved in the apprehension 
process.
    (4) Forwards a copy of DD Form 553 to the provost marshall nearest 
the deserter's home of record.
    (5) Forwards a copy of the DD Form 553 to the USACRC, ensuring the 
USACRC control number is legible.
    (b) The Army entry into the NCIC wanted person file normally is 
generally sufficient to support civilian police apprehension assistance.