[Title 32 CFR D]
[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 D - Return to Military Control]
[From the U.S. Government Printing Office]


3242004-07-012002-07-01trueDSubpart DNATIONAL 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 D--Return to Military Control



Sec. 630.13  AWOL/deserter apprehension efforts.

    The return of absentees to military control is a command 
responsibility. Military police will generally not be committed to 
proactive efforts to apprehend AWOL soldiers or deserters except when 
the provost marshal determines that such efforts are warranted by 
specific circumstances. Examples of

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instances when such effort is warranted include when the AWOL soldier or 
deserter is wanted as the subject of additional more serious charges or 
is a special category absentee as defined in Sec. 630.8 of this part.



Sec. 630.14  Use of escorts.

    (a) Commanders and provost marshals must ensure that the most 
economical and efficient means are used to return surrendered or 
captured absentees to their parent unit or personnel control facility as 
appropriate. For example, alternatives such as express mailing of DD 
Form 460 and a transportation request may be used instead of an escort 
if there is a reasonable expectation that the absentee will comply.
    (b) The use of escorts should be considered if--
    (1) There is not a reasonable expectation that the absentee will not 
comply.
    (2) The absentee is a special category absentee IAW Sec. 630.8 of 
this part.
    (3) The absentee is pending serious criminal charges.
    (4) The absentee is in the custody of a civilian law enforcement 
agency that is not willing to assist in processing the absentee by mail 
or similar means.
    (c) When escorts are deemed necessary, consideration should be given 
to using noncommissioned officers from the parent unit before committing 
military police manpower.



Sec. 630.15  Verification of deserter status.

    (a) When a person claims to be a deserter from the U.S. Army, the 
first receiving military authority must advise the person of his or her 
right per article 31 UCMJ and provide as much of the following data as 
possible to the provost marshal:
    (1) Name.
    (2) Social security number.
    (3) Date and place of birth.
    (4) Home of record.
    (5) Date and place of enlistment, date of alleged absence, and unit 
of assignment.
    (b) The provost marshal immediately completes a check of the NCIC 
and USADIP to confirm the deserter status. Deserter felon checks 
require:
    (1) The full name of the person.
    (2) Social security number.
    (3) Date of birth.
    (4) Place of birth.
    (5) Military service number if different from the social security 
number.
    (c) When necessary to establish identity at the request of the 
Chief, USADIP, the installation provost marshal forwards DD Form 369 
(Police Record Check) with a complete set of fingerprints to the 
Commander, U.S. Army Enlisted Records Center, ATTN: PCRE-RD, 
Indianapolis, IN 46249-5301. The fingerprints must also be accompanied 
by DD Form 616 in quadruplicate. In Item 9 of the DD Form 616 note: 
``For Information Only--Fingerprints attached.'' The Chief, USADIP 
forwards the fingerprint record to the FBI Identification Division, 
Washington, DC 20537-8700 for fingerprint comparison and identification.
    (d) In the event the status of the individual can not be immediately 
determined, the individual will not be detained. The Provost Marshal 
obtains information on how to contact the person once their status has 
been determined. On verification of status as absent or desertion, 
Chief, USADIP, provides instructions to the provost marshal returning 
the individual to military control.



Sec. 630.16  Surrender or apprehension on parent installation.

    (a) The parent installation provost marshal--
    (1) Verifies the deserter's military status IAW Sec. 630.13 of this 
part.
    (2) Coordinate between appropriate levels of command on RMC (time, 
date, and location).
    (3) Initiates a reference blotter entry changing the absentee's 
status from deserter to return to military control.
    (4) Prepares and submits DD Form 616 to Chief, USADIP. The USACRC 
control number assigned to the DD Form 553 is included in the remarks 
section of DD Form 616.
    (5) Prepares DA Form 3975, 2804 (Crime Records Data Reference) and 
4833. The USACRC control number assigned to the DD Form 553 is also used 
on these forms.
    (6) Forwards the original DA Form 3975 and 2804 to the Director, 
USACRC.
    (7) Forwards three copies of DA Form 4833, with an appropriate 
suspense

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date, and one copy of DA Form 3975 to the PCF commander or installation 
commander processing the deserter.
    (8) On receipt of the completed DA Form 4833 forwards the original 
to Director, USACRC.
    (b) Should the deserter surrender to the original unit of 
assignment, the unit commander immediately notifies the provost marshal 
of the deserter's return. The provost marshal completes the processing 
in paragraph (a) of this section.



Sec. 630.17  Surrender or apprehension at another installation.

    (a) The provost marshal follows the procedures in Sec. 630.17 and 
obtains the USACRC control number from Chief, USADIP for use in 
completing the DD Form 616 and DA Form 2804, 3975, and 4833.
    (b) The unit commander requesting return of the absentee completes 
arrangements for escorting the absentee, if required. Other absentees 
are sent to a PCF.



Sec. 630.18  Surrender or apprehension off an Army installation.

    Commanders located off an Army installation--
    (a) Notify the major Army command or coordinating installation 
provost marshal, within whose area of responsibility the activity is 
located.
    (b) Furnish the coordinating installation provost marshal all 
available information on the absentee or deserter.
    (c) Issue a DD Form 460 and direct the person to proceed to the 
nearest Army installation with facilities for processing deserters. If 
appropriate, express mailing of DD Form 460 and a transportation request 
may be used.
    (d) Forward a copy of the DD Form 460 to Commander, U.S. Army 
Enlisted Records and Evaluation Center, ATTN: PCRE-RD, 8899 East 56th 
Street, Indianapolis, IN 46249.
    (e) Follow up to ensure that all absentees and deserters are 
returned to military control.



Sec. 630.19  Deserters and defectors in foreign countries.

    (a) Army deserters and defectors in foreign countries are 
apprehended only in accordance with applicable Status of Forces or other 
station agreements, AR 27-50, U.S. and host country law, and the 
directives of the overseas command.
    (b) Direct coordination between all major overseas commanders, U.S. 
Air Force, U.S. Navy, U.S. Marine Corps and CONUS installations is 
conducted to coordinate information for return of deserters or defectors 
to military control. Defectors and special category absentees must be 
escorted from the time of their return to military control to the 
installation or PCF with area of responsibility for processing 
deserters. Deserters returned to military control are processed under 
procedures set by the major overseas commander.
    (c) When a deserter or defector is reported to have been returned to 
military control at another service installation, the Army area provost 
marshal arranges for return of the deserter to U.S. Army custody. 
Maximum use of the DD Form 460 should be made.
    (d) When absentees and deserters in foreign countries are scheduled 
to depart or are to be deported from foreign countries, the Military 
Assistance Advisory Group (MAAG) mission or attache notifies Chief, 
USADIP, and if known the appropriate major commander, ATTN: Provost 
Marshal. Notification should be completed in advance for coordination of 
operational military police actions. The notice includes the--
    (1) Name, grade, and social security number of the absentee.
    (2) Date, time (local), and place of departure from the foreign 
country.
    (3) Mode of transportation and designation of the carrier.
    (4) Date, time and place of arrival in CONUS or where U.S. 
Authorities have jurisdiction to apprehend the absentee or deserter.
    (5) Unit in which the individual is or was last assigned.
    (6) Length of time in foreign country.
    (7) Physical and mental condition and attitude of the absentee or 
deserter.
    (8) Charges by military or civil authorities.
    (9) Intelligence interest.

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Sec. 630.20  Escaped military prisoner.

    (a) When an escaped military prisoner is returned to military 
control, the provost marshal--
    (1) Notifies the commander of the confinement or correctional 
facility from which the prisoner escaped.
    (2) Completes and forwards DD Form 616 to Chief, USADIP.
    (b) Unless otherwise directed by HQDA (DAMO-ODL), or the Commander, 
U.S. Army Disciplinary Barracks (USDB), prisoners who escape from the 
USDB are returned to the USDB. The commander of the installation to 
which the prisoner is returned provides guards and transportation to the 
nearest supporting confinement facility to return the prisoner to the 
USDB.
    (c) Escapees from other U.S. Army correctional activities are 
returned to the confinement or correctional facility from which the 
prisoner escaped unless otherwise directed by HQDA (DAMO-ODL).
    (d) The chief, USADIP forwards DD Form 616 to recipients of DD Form 
553.



Sec. 630.21  Other armed services deserters.

    (a) Requests for status of alleged deserters from other Armed 
Services may be made through an inquiry in the NCIC. When the response 
from the NCIC is negative, the following appropriate Service may be 
contacted:
    (1) U.S. Air Force. Commander, U.S. Air Force Military Personnel 
Center, Randolph Air Force Base, TX 78150-6001, DSN 487-5118.
    (2) U.S. Navy. Commander, Naval Military Personnel Command, Code 
NMPC-843, Washington, DC. 20370-5643, DSN 224-2551 or commercial, toll 
free 1-800-336-4974.
    (3) U.S. Marine Corps. Commandant of the Marine Corps, Corrections 
Branch (MHC), Headquarters, U.S. Marine Corps, Building 2008, MCCDC, 
Quantico, VA 22130-5000, DSN 278-3976.
    (b) When Army absentees or deserters are received from civil 
authorities in CONUS, all military absentees, and deserters, regardless 
of the military service to which they belong, are transported at the 
same time.
    (c) Unless there are specific arrangements among the military 
services, the following applies when Army personnel take custody of 
absentees or deserters from civil authorities in CONUS:
    (1) Notify the other military authorities in advance that the 
individual will be taken into custody and delivered to the nearest 
military installation having facilities to process absentees or 
deserters.
    (2) When custody cannot be affected, notify the nearest installation 
of the service concerned that the person will remain in civilian 
custody.
    (d) Absentees and deserters from the other services and the Coast 
Guard may be received at any U.S. Army installation which has facilities 
for reception and custody. They are transferred immediately to the 
nearest appropriate installation of the Service. Commanders of troops on 
maneuvers or on the march are exempt from the responsibility for taking 
custody of absentees and deserters. They may, however, accept absentees 
or deserters if necessary and return them to the custody of their 
Service.



Sec. 630.22  Transportation.

    (a) If commercial transportation is necessary:
    (1) The responsible transportation office arranges for movement per 
AR 55-355.
    (2) Cost and speed of transportation are considered.
    (3) International and CONUS travel is arranged only on U.S. 
commercial air carriers flying regularly scheduled routes, certified 
route carriers, supplemental air carriers, or charter air taxi 
operations.
    (4) Military personnel escorting absentees or deserters must comply 
with commercial air carrier rules and with AR 190-47.
    (5) Expenses (transportation, reward payment, reimbursement to 
civilian law enforcement authorities) associated with the return of 
absentees or deserters to their proper station are chargeable to the 
Military Personnel, Army Appropriation. Commanders are authorized to 
make charges against these accounts for the transportation of escorts 
and the deserter and for payment of required or reimbursement

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when the returnee is delivered to an installation or detained for 
military authorities.
    (6) The approving authority reviews paid travel and per diem 
vouchers for efficiency, economy, and accuracy in statements of travel 
performed. When feasible, one-day return travel should be used to reduce 
costs.
    (b) Transportation expenses for use of guards to return absentees or 
deserters to their proper station or to military authorities are charged 
to the budget activity account ``Other Military Personnel Costs.''