[Title 32 CFR 631]
[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 631 - ARMED FORCES DISCIPLINARY CONTROL BOARDS AND OFF-INSTALLATION MILITARY ENFORCEMENT SERVICES]
[From the U.S. Government Printing Office]
3242004-07-012002-07-01trueARMED FORCES DISCIPLINARY CONTROL BOARDS AND OFF-INSTALLATION MILITARY ENFORCEMENT SERVICES631PART 631NATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE ARMY (CONTINUED)LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS
PART 631--ARMED FORCES DISCIPLINARY CONTROL BOARDS AND OFF-INSTALLATION MILITARY ENFORCEMENT SERVICES--Table of Contents
Subpart A--General
Sec.
631.1 Purpose.
631.2 Applicability.
631.3 Supervision.
631.4 Exceptions.
Subpart B--Armed Forces Disciplinary Control Boards
631.5 General.
631.6 Responsibilities.
631.7 Composition of boards.
631.8 Civil agencies.
631.9 Duties and functions of boards.
631.10 Administration.
631.11 Off-limits establishments and areas.
Subpart C--Off-Installation Military Enforcement Services
631.12 Objectives.
631.13 Applicability.
631.14 Responsibilities.
631.15 Policy (for Army only).
631.16 Policy (for Navy only).
631.17 Policy (for Marine Corps only).
631.18 Policy (for Air Force only).
631.19 Operations.
Subpart D--Joint Service Law Enforcement Operations (Not Applicable to
U.S. Navy)
631.20 Organization.
631.21 Joint law enforcement operations.
Appendix A to Part 631--Civil Agencies
Appendix B to Part 631--Armed Forces Disciplinary Control Board
Procedures Guide
Authority: 10 U.S.C. 3012(b)(1)(g).
Source: 47 FR 8350, Feb. 26, 1982, unless otherwise noted.
Subpart A--General
Sec. 631.1 Purpose.
This regulation prescribes uniform policies and procedures for the
establishment, operation, and coordination of the following:
(a) Armed Forces Disciplinary Control Boards (AFDCB).
(b) Off-installation military enforcement activities.
(c) Joint law enforcement operations.
Sec. 631.2 Applicability.
This regulation applies to the following:
(a) Active US Armed Forces personnel wherever they are stationed.
Commanders in oversea areas are authorized to deviate from the policy in
this regulation if required by local conditions, treaties, agreements,
and other arrangements with foreign governments and allied forces.
Subparts C and D are not applicable to the US Navy.
(b) Reserve personnel only when they are performing Federal duties
or engaging in any activity directly related to the performance of a
Federal duty or function.
(c) National Guard personnel only when called or ordered to active
duty in Federal status.
Sec. 631.3 Supervision.
(a) The following will jointly develop and have staff supervision
over AFDCB policies and the conduct of off-installation military
enforcement activities:
(1) The Deputy Chief of Staff for Personnel, Headquarters,
Department of the Army.
(2) Chief of Naval Personnel (PERS-84).
(3) Commandant of the Marine Corps.
(4) Chief of Security Police, Air Force Office of Security Police,
Department of the Air Force.
(5) Commandant of the Coast Guard.
(b) The above will also be responsible to standardize AFDCB policies
and procedures as well as to coordinate and maintain liaison with
interested staff agencies and other military and civil agencies.
Sec. 631.4 Exceptions.
Requests for exceptions to policies contained in this regulation
will be forwarded to HQDA(DAPE-HRE-PO), WASH, DC 20310.
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.
[[Page 22]]
(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
[[Page 24]]
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.
Subpart C--Off-Installation Military Enforcement Services
Sec. 631.12 Objectives.
The primary objectives of off-installation enforcement are to--
(a) Render assistance and information to Armed Forces personnel.
(b) Reduce the incidence of off-installation military offenses
committed by Armed Forces personnel.
(c) Enforce the UCMJ and other pertinent regulations, directives,
and orders among persons subject to the UCMJ.
(d) Maintain effective liaison and cooperation with civil law
enforcement and judicial agencies.
(e) Enhance apprehension efforts and return to military control
absentees and deserters wanted by the Armed Forces.
(f) Maintain good community relations.
(g) Assist in the return of military members detained by civil
authorities to military control.
Sec. 631.13 Applicability.
This chapter applies to off-installation enforcement activities. It
does not apply to the activities of AFDCBs which were discussed in
subpart B. It is not applicable to the U.S. Navy.
Sec. 631.14 Responsibilities.
(a) Commanders of military installations will recognize the
responsibility of civil authorities for the maintenance of peace and
order in those areas not under military jurisdiction or control. They
should--
(1) Conduct off-installation law enforcement in accordance with
applicable Service policies and procedures.
(2) Coordinate the liaison functions to accomplish the objectives
outlined in paragraph 3-1.
Sec. 631.15 Policy (for Army only).
(a) Within CONUS. (1) Normally, off-post patrols will not be
established in CONUS. However, MACOM commanders may authorize military
police to establish off-installation patrols if needed--
(i) In conjunction with military operations.
(ii) To safeguard the health and welfare of Army personnel.
(iii) When the type of offenses or the number of military personnel
frequenting an area is large enough to warrant such patrols.
(2) In view of the important legal implications involved (see 18
U.S.C. 1385, the Posse Comitatus Act), the advice of the local Staff
Judge Advocate should be sought prior to the implementation of such an
authorization. When possible, MACOM commanders will execute a mutually
acceptable written agreement with the civil police authorities.
(b) OCONUS. Off-post patrols will be kept at a minimum for mission
accomplishment. Commanders of MACOMs may authorize off-post patrols as
required by local conditions and customs
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as long as these patrols are in accordance with applicable treaties and
Status of Forces Agreements.
(c) Military police personnel selected for off-post patrols must be
experienced in law enforcement and have mature judgment. They must be
thoroughly familiar with all applicable agreements and implementing
standard operating procedures. They must understand the implications of
the Posse Comitatus Act as it pertains to military law enforcement
personnel assisting local law enforcement agencies.
(d) At a minimum, instructions to military police assigned to off-
post patrols will specifically state that if they accompany civil
police, they will do so for the sole purpose of enforcing the UCMJ among
persons subject to the code. Their instructions will also specifically
state that they are under the command and directly responsible to their
military superiors and that they exercise no authority over the civil
police or the civil populace. Accordingly, military police should be
instructed that they are not to exercise any authority in a case of
misconduct or apparent law violation unless the person concerned has
been identified as a member of the military service. However, military
law enforcement personnel may come to the aid of civil police in order
to prevent the commission of a felony or injury to a civilian police
officer.
Sec. 631.16 Policy (for Navy only).
(a) Off-base law enforcement activities by naval personnel (CONUS
and Hawaii) shall be limited to liaison functions with civilian law
enforcement agencies and courts and to the acceptance of ``courtesy
turnovers.''
(b) The court liaison function is limited to the provision of an
official Navy point of contact for the courts, to the provision of
advice for individuals and local commands, and to court appearance with
individuals from deployed commands.
(c) Courtesy turnovers will be limited to those persons whose
behavior and attitude are acceptable and who desire to be returned to
the custody of their parent command.
(d) Courtesy turnovers will be accepted from jails, police stations,
etc., but not directly from police officers on the scene of an incident.
Sec. 631.17 Policy (for Marine Corps only).
(a) Within CONUS. (1) Normally, off-installation patrols will not be
established in CONUS. However, installation commanders may request
authority from HQMC (Code MPH) to establish off-installation patrols if
needed.
(i) In conjunction with military operations.
(ii) To safeguard the health and welfare of Marine personnel.
(iii) When the type of offenses or the number of military personnel
frequenting an area is large enough to warrant such patrols.
(2) In view of the important legal implications involved (see 18
U.S.C. 1382, the Posse Comitatus Act as made applicable to DoN) the
advice of the local staff judge advocate/legal officer should be sought
prior to the implementation of such an authorization. When possible,
installation commanders will execute a mutually acceptable written
agreement with the civil police authorities.
(b) Overseas Areas. Off-installation patrols will be kept at minimum
for mission accomplishment. Commanders of installations may authorize
off-installation patrols as required by local conditions and customs as
long as these patrols are in accordance with applicable treaties and
Status of Forces Agreements.
(c) Personnel selected for off-installation patrols must be
experienced in law enforcement and have mature judgment. They must be
thoroughly familiar with all applicable agreements and implementing
standard operating procedures. They must understand the implications of
the Posse Comitatus Act as it pertains to military law enforcement
personnel assisting local law enforcement agencies.
(d) At a minimum, instructions to military police assigned to off-
installation patrols will specifically state that if they accompany
civil police, they will do so for the sole purpose of enforcing the UCMJ
among persons subject to the code. Their instructions will also
specifically state that they are
[[Page 26]]
under the command and directly responsible to their military superiors
and that they exercise no authority over the civil police or the civil
populace.
Accordingly, military police should be instructed that they are not to
exercise any authority in a case of misconduct or apparent law violation
unless the person concerned has been identified as a member of the
military service. However, military law enforcement personnel may come
to the aid of civil police in order to prevent the commission of a
felony or injury to a civilian police officer.
(e) Absentee and deserter collection units to accept active duty
absentee or deserter military personnel from civilian authorities may be
established.
(f) Civil police and civil court liaison may be established.
(g) Installation commanders are authorized to establish other
activities deemed necessary, provided each activity is within the scope
of military purpose and authority, i.e., apprehensions where authorized
by UCMJ, courtesy patrols, etc.
Sec. 631.18 Policy (for Air Force only).
See section B, AFR 125-19, for Air Force policy on off-installation
patrols.
Sec. 631.19 Operations.
(a) In CONUS, incidents occurring off-installation normally are
investigated by civil law enforcement agencies. These include State,
county, or municipal authorities or a Federal investigative agency. When
an incident of substantial interest to the U.S. Army occurs off-
installation, the Armed Forces law enforcement organization exercising
area responsibility will obtain copies of the civil law enforcement
report. These are incidents that involve Army property or personnel. The
civil law enforcement report would be processed according to applicable
Service regulations.
(b) In oversea areas, off-installation incidents will be
investigated in accordance with Status of Forces agreements and other
appropriate U.S.-host country agreements.
(c) Off-installation enforcement operations may include the
following activities:
(1) Town patrol.
(2) Town military police.
(3) Air Force Security Police patrols and stations.
(4) Civil police and civil court liaison.
(5) Public carrier and civilian transportation terminal patrols.
(6) Acceptance of active duty absentee or deserter military
personnel turned over to Service police by civilian authorities.
(7) Other activities deemed necessary, provided each activity is
within the scope of military purpose and authority.
(d) Activities in c above will be performed according to the Service
policies in Secs. 631.15 through 631.17. They will be based on the need
and the fiscal and manpower restraints imposed by each Service. If
practical, mutual agreements between two or more Services may be made to
facilitate the conduct of joint Service off-installation enforcement
services and absentee apprehension functions.
(e) Armed Forces law enforcement personnel will--
(1) Act under the command of, and be responsible to, military
superiors and will not be placed under the control of civil authorities.
(2) Exercise authority over civil law enforcement agencies or
persons not subject to the UCMJ only when they are on a military
installation.
(3) Be authorized to apprehend persons subject to the UCMJ when
there exists a reasonable belief that an offense under the code has been
committed and that the person to be apprehended committed the offense.
Civilians committing offenses on US military installations may be
detained for the appropriate Federal, State, or local law enforcement
agency.
(4) Return apprehended persons to representatives of their
respective Services as soon as practicable.
(5) Process all reports received from other law enforcement agencies
concerning crimes committed by military personnel, involving military
property, or in which DOD has an interest.
[[Page 27]]
Subpart D--Joint Service Law Enforcement Operations (Not Applicable to
U.S. Navy)
Sec. 631.20 Organization.
In localities frequented by personnel of more than one Service,
installation commanders may consider the establishment of joint law
enforcement operations. Such operations may provide a more effective and
economical accomplishment of off-installation law enforcement. When such
operations are established, participating installation commanders will--
(a) Execute written agreements concerning the operations.
(b) Insure that each participating organization contributes its
proportionate share of personnel, equipment, and supporting facilities.
Sec. 631.21 Joint law enforcement operations.
The following procedures will apply when establishing joint law
enforcement operations:
(a) Personnel. Enlisted personnel selected for joint law enforcement
duty should meet the following qualifications:
(1) Be temperamentally suited for police duty and received training
or have experience in law enforcement.
(2) Be 19 years of age or older.
(3) Have no record of court-martial convictions or civilian offenses
other than minor traffic violations.
(4) Be at least 5 feet 4 inches tall.
(5) Meet General Classification Test (GCT) (or equivalent test)
score requirements of the parent Service for assignment to police duty.
(6) Possess a military motor vehicle operators license.
(7) Have at least 12 months remaining on current enlistment.
(b) Logistics. Personnel assigned to joint patrols will be equipped
as prescribed by their respective Service regulations or directives to
include the symbol of their law enforcement authority (badge or
brassard).
(c) Functions. Joint law enforcement operations will perform, at a
minimum, the following functions:
(1) Provide assistance to all Armed Forces personnel who are charged
with civil violations.
(2) Maintain liaison with civilian enforcement and judicial
agencies.
(3) Have the capability to receive military personnel apprehended by
civilian authorities.
(d) Duty assignments. Personnel assigned to perform joint operations
may be further assigned to perform duties in any of the following
functional areas:
(1) Police station operation (desk sergeants, desk clerks, radio
operators, etc.).
(2) Motor patrols necessary to conduct police and court liaison and
to transport military personnel from the local civilian police.
(3) Operations.
(4) Administration.
Appendix A to Part 631--Civil Agencies
A-1. American Social Health Association.
The American Social Health Association, upon request, provides
information and consultation in the fields of venereal disease and drug
abuse. Local AFDCBs desiring information should apply through one of the
following regional offices of the association:
Eastern Regional Director, 86 Farmington Ave., Hartford, CT 06105
Middle America Regional Director, 110 North High Street, Gahanna, OH
43230
Southern Regional Director, 173 Walton Street, NW., Atlanta, GA 30303
Western Regional Director, 785 Market Street, Rm. 1010, San Francisco,
CA 94103
A-2. United States Brewers Association.
a. The United States Brewers Association is the trade and public
relations agency of the organized brewing industry in the United States.
Upon request, it will assist military authorities within CONUS to
eliminate conditions detrimental to the health, morals, and welfare of
members of the Armed Forces in the cities and communities adjacent to
military installations.
b. This association conducts an Armed Forces cooperation program to
further ``self-regulation'' activities among beer dealers. It cooperates
with State and local law enforcement officials in the promotion and
maintenance of proper conditions in retail beer outlets throughout the
country. Its services are available to AFDCBs for furthering joint
action in the promotion of law observance and the maintenance of
conditions of cleanliness and decency in retail beer outlets patronized
by members of the Armed Forces.
c. Local sponsoring commanders requesting the assistance of the
Brewers Association may apply to the Director of Field Services,
[[Page 28]]
US Brewers Association, Inc., 1750 K Street NW., Washington DC 20006.
A-3. The National Environmental Health Association.
The National Environmental Health Association is a professional
organization representing various sanitary and environmental control
groups. It provides information and consultation on solid waste
management, air and water pollution, and other environmental health
matters. Military members of the association belong to the Uniform
Services Association of Sanitarians. All requests for assistance should
be directed to the military association at the national association
headquarters, 1600 Pennsylvania Ave., Denver, Colorado 80293.
A-4. The Federal Trade Commission.
The Federal Trade Commission was established in 1914 and is the
principal agency of the Government responsible for preventing deceptive
acts and practices in commerce. The Commission strives to keep
competition fair and free from deceptive advertisement of food, drugs,
cosmetics, therapeutic devices, catalog sales, and credit card
purchases. It strives to protect consumers against the circulation of
inaccurate or obsolete credit reports. Consumer Protection Specialists
are located at the national and regional offices to render assistance.
Regional offices are located in major metropolitan areas and frequently
conduct investigations of acts peculiar to local communities. Inquiries
should be made to the regional offices.
Appendix B to Part 631--Armed Forces Disciplinary Control Board
Procedures Guide
B-1. General. This guide prescribes procedures for the
establishment, operation, and coordination of Armed Forces Disciplinary
Control Boards (AFDCBs). It is intended to insure uniformity of
operation. AFDCB proceedings are not considered to be adversary in
nature.
B-2. Meetings.
a. Regular meetings will be held once each quarter or as designated
by the president. The sponsoring commander may specify whether the
meetings, as scheduled, will be open or closed. If not specified, the
decision is within the discretion of the president of the board.
Normally, proceedings are closed, but may be opened to the public when
circumstances warrant.
b. Special meetings may be called by the president of the board.
Except by unanimous consent of members present, final action will be
taken only on the business for which the meeting was called.
B-3. AFDCB composition.
a. Voting members will be selected according to paragraph 2-3 of
this regulation.
b. A majority of voting members constitutes a quorum for board
proceedings.
B-4. Attendance of observers or witnesses.
a. Representatives of the agencies listed below may be invited to
attend as observers or witnesses.
(1) American Social Health Association.
(2) United States Brewers Association.
(3) Federal Bureau of Investigation.
(4) United States Attorneys.
(5) State and local police.
(6) State and local departments of health.
(7) State and local VD control officers.
(8) State alcoholic beverage control authorities.
(9) State and local prosecutors.
(10) Consumer affairs personnel.
(11) State and local narcotics investigative agencies.
(12) Immigration and Naturalization Service.
(13) Members of Judiciary directly concerned with law enforcement.
(14) Drug Enforcement Administration.
(15) Bureau of Alcohol, Tobacco, and Firearms.
(16) US Customs Service.
(17) Chamber of Commerce.
(18) Better Business Bureau.
(19) State license beverage association.
(20) National Institute of Drug Abuse and National Institute on
Alcohol Abuse and Alcoholism.
(21) Adult probation department/social services.
(22) Any other representation deemed appropriate by the sponsoring
command, i.e., news media, union representatives, and so forth.
b. Witnesses and observers will be listed in the minutes of the
meeting if invited by the board to participate in that capacity.
c. Board action may be recommended by a majority vote of the voting
members present at a regular or special board meeting.
B-5. Appropriate areas for board consideration.
a. Boards will study and take appropriate action in connection with
all conditions detrimental to the good discipline, health, morals,
welfare, safety, and morale of Armed Forces personnel. This will
include, but not be limited to, the following:
(1) Crime and misconduct.
(2) Narcotics, marihuana, dangerous drugs, and drug abuse
paraphernalia.
(3) Liquor violations.
(4) Excessive number of unauthorized absences.
(5) Gambling (when in violation of State or local law).
(6) Military and civilian relationships that may be detrimental to
service personnel.
(7) Unsanitary and other adverse conditions in establishments
frequented by Armed Forces personnel.
(8) Off-installation/base safety problems.
(9) Unethical or illegal business practices.
(10) Prostitution and venereal disease.
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(11) Discriminatory practices.
(12) Other health hazards.
b. The board will immediately forward to the local commander
concerned the circumstances reported to the board involving
discrimination based on race, color, sex, religion, age, or national
origin.
B-6. Off-limits procedures.
a. Off-limits restrictions should be invoked only when there is
substantive information indicating that an establishment or area
frequented by Armed Forces personnel presents conditions which adversely
affect the health, safety, welfare, morale, or morals of such personnel.
It is essential that boards do not act arbitrarily; actions must not be
of a punitive nature. Boards should work in close cooperation with local
officials and proprietors of business establishments and seek to
accomplish their mission through mutually cooperative efforts. Boards
should encourage personal visits by local military and civilian
enforcement or health officials to establishments considered below
standard. AFDCBs should point out unhealthy conditions or undesirable
practices to establishment owners or operators in order to produce the
desired corrective action.
b. Prior to initiating routine off-limits action, the local
commander will attempt to correct any situation which adversely affects
the welfare of Armed Forces personnel. This will be done through contact
with community leaders.
c. Unless emergency conditions exist which are extremely harmful to
Armed Forces personnel, an establishment will not be recommended for
off-limits action until the proprietor has been--
(1) Notified in writing of the adverse condition/circumstances.
(2) Given an opportunity to be heard and a reasonable time in which
to correct deficiencies.
d. If the board decides to attempt to investigate or inspect an
establishment, the president or a designee will prepare and submit a
report of findings and recommendations at the next meeting. This will
insure complete and documented information concerning doubtful adverse
conditions.
e. When the board concludes that conditions adverse to Armed Forces
personnel do exist, the owner or manager will be sent a letter of
notification (annex A). This letter will advise him or her to raise
standards and that, if such conditions or practices continue, off-limits
proceedings will be initiated. In cases involving discrimination, the
board should not rely solely on letters written by the Equal Opportunity
Office and Military Affairs Committee or investigations of alleged
racial discrimination. The AFDCB should send letters to the proprietor,
informing him or her that off-limits action is being considered and
inviting him or her to the next board meeting. Boards should send
letters directly to the proprietors when any off-limits action is being
considered. If a proprietor takes remedial action to correct undesirable
conditions previously noted, the board should send a letter of
appreciation (annex B). Any correspondence with the individuals
responsible for adverse conditions leading to off-limits action will be
by certified mail.
f. If the undesirable conditions are not corrected, an invitation
(annex C) will be written to the proprietor. This letter will invite the
proprietor to appear before the board to explain why the establishment
should not be placed off-limits. The proprietor may designate, in
writing, individual(s) to represent him or her at the board.
g. In cases where proprietors have been invited to appear before the
board, the president of the board will perform the following actions:
(1) Prior to calling the proprietor--
(a) Review the findings and decision of the previous meeting.
(b) Call for inspection reports.
(c) Afford an opportunity to those present to ask questions and
discuss the case.
(2) When the proprietor and/or his or her counsel is called before
the board--
(a) Present the proprietor with a brief summary of the complaint
concerning his or her establishment.
(b) Afford the proprietor an opportunity to present matters in
defense of the allegation.
(c) Offer those present an opportunity to question the proprietor.
After the questioning period, provide the proprietor a final opportunity
to make an additional statement or to make commitments concerning his or
her willingness to cooperate.
(3) After excusing the proprietor from the meeting, the president
and board will discuss suggestions and recommendations for disposition
of the case in closed session.
h. No member of a board shall reprimand or admonish in any degree a
person appearing before a board. Board members do not have jurisdiction
over such individuals. Off-limits actions are designed solely for the
protection of Armed Forces personnel and are used as a last resort when
all other means have failed.
i. The board should recommend that the offending establishment be
placed off-limits only after the following:
(1) The letter of notification (annex A) has been sent.
(2) An opportunity to appear before the board has been extended.
(3) Further investigation indicates that improvements have not been
made.
j. The minutes will indicate a board's action in disposing of each
case. When a recommendation is made that an establishment be placed off-
limits, the minutes will show the procedural steps followed in reaching
the decision.
[[Page 30]]
k. Recommendations of the board will be submitted to the sponsoring
commander for consideration. The recommendations will then be forwarded
to the other installation commanders who furnish board representation
(annex D). If no objection to the recommendations is received within 10
days, the sponsoring commander will either approve or disapprove the
recommendations. He will then forward this decision to the board
president.
l. Upon approval of the board's recommendations, the president will
dispatch a declaration that the off-limits restriction has been imposed
(annex E).
m. No definite time limit should be specified when an off-limits
restriction is invoked. The adequacy of the corrective action taken by
the proprietor of the establishment must be the determining factor in
removing an off-limits restriction.
n. Military commanders have no authority to post off-limits signs on
private property. Appropriate civil officials may post private property
when informed by military authorities that an establishment or area has
been declared off-limits to Armed Forces personnel.
o. Emergency off-limits action: In emergencies, commanders may
temporarily declare establishments or areas off-limits to Armed Forces
personnel subject to their jurisdiction. They must then report the
circumstances immediately to the commander sponsoring the board.
Detailed justification for this emergency action will be provided to the
board for its use.
B-7. Removal of off-limits restrictions.
a. Removal of an off-limits restriction requires board action.
Proprietors of establishments declared off-limits should be advised that
they may appeal to the appropriate board at any time. In their appeal,
they should submit the reason why, in their opinion, the restriction
should be removed. A letter of notification of continuance of off-limits
restriction should be sent to the proprietor if the board does not
favorably consider removal of an off-limits restriction (annex F). If,
after exhausting all appeals at the board/local sponsoring commander
level, the proprietor is not satisfied with those decisions, his or her
case will be forwarded to the next higher commander of the sponsoring
commander for review and resolution. Boards should make at least
quarterly inspections of off-limits establishments. A statement that an
inspection has been made should be reflected in their minutes.
b. When it has been determined that adequate corrective measures
have been taken by the owner or manager of an establishment or area to
meet the requirements for good discipline, health and welfare of Armed
Forces personnel, the appropriate board will take the following actions:
(1) Discuss the matter at the next meeting and make an appropriate
recommendation.
(2) Forward recommendation for removal of off-limits restriction to
the sponsoring commander. If the recommendation is approved, dispatch a
letter of removal of off-limits (annex G or H).
(3) Record what action was taken in the minutes of the board
meeting.
B-8. Duties of the president of the board.
The president of the board will--
a. Schedule and preside at all meetings of the board and sign
appropriate correspondence.
b. Prepare an agenda prior to each regular meeting and insure its
distribution to each voting member at least 7 days prior to the meeting.
c. Be responsible for the preparation and distribution of the
minutes of all meetings and for maintenance of appropriate records and
files pertaining to AFDCB activities. (See para. 2-6e.)
d. Inform members of any special meeting and its purpose as far in
advance as possible.
e. Prepare and distribute to major commands a copy of the minutes of
each meeting.
f. Supervise the recorder in performance of all administrative
duties as required.
B-9. Minutes.
a. Annex I is a guide for the preparation of the minutes of board
meetings. Minutes will be prepared in accordance with administrative
formats for minutes of meetings prescribed by the Service of the
sponsoring commander. The written minutes of board meetings will be
deemed the official record of board meetings. Verbatim transcripts of
board meetings are not required. The reasons for approving or removing
an off-limits restriction, to include a complete address of the
establishment or area involved, should be indicated in the order of
business. In addition, the board's action will be shown in order of
sequence, such as dispatch of letter of notification, appearance before
board, recommendation to local sponsoring commander, or action taken by
local sponsoring commander. Change in the name of an establishment or
areas in an off-limits status will also be included.
b. Distribution of the minutes of board meetings will be limited to
the following:
(1) Each voting member, sponsoring command and other commands, and
installations represented on or serviced by the board.
(2) Each civilian and military advisory member, if deemed
appropriate.
(3) Civilian and Government agencies, within the State in which
member installations are located, having an interest in the functions of
the board, if appropriate.
c. The minutes of the board meeting, containing the board's
recommendations, will be forwarded in writing to the sponsoring
commander. The minutes will be accompanied by
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a request that the recommendations be approved for implementation. The
sponsoring commander will, by written indorsement to the president of
the board, approve or disapprove the minutes and recommendations.
d. Board minutes are subject to the release and disclosure
provisions of DOD Directive 5400.7 and implementing Service regulations.
B-10. Installation commander and board relationship.
Military installation commanders within a board's areas of
responsibility must be thoroughly acquainted with the mission and
services provided by AFDCBs. Board members should keep their respective
commanders informed of command responsibility pertaining to board
functions and actions.
B-11. Public affairs.
a. Because of the sensitive nature of subject matter discussed, no
public announcement will be initiated in connection with board meetings.
However, any board proceeding which is open to the public will also be
open to representatives of the news media. Representatives of the news
media will be considered as observers and will not participate in the
discussion of matter considered by the board. Members of the news media
may be invited to participate in an advisory status in coordination with
the Public Affairs Officer.
b. News media interviews and releases will be handled through the
Public Affairs Offices in accordance with this regulation and AR 360-5.
Annex A--Letter of Notification
(Letterhead)
(Appropriate AFDCB)
Proprietor
--______________________________________________________________________
--______________________________________________________________________
--______________________________________________________________________
Dear Sir: As President of the Armed Forces Disciplinary Control
Board, it is my duty to inform you of certain undesirable conditions
reported at your establishment which adversely affect the health and
welfare of personnel in the Armed Forces. It has come to the attention
of the board that (cite pertinent information). You are advised that it
will be necessary for this board to initiate action to determine whether
your establishment should be placed off-limits to personnel of the Armed
Forces if the above cited undesirable condition(s) is (are) not
eliminated. (Include if applicable). Within (cite period), a
representative of this board will visit your establishment in order to
determine if steps have been taken to correct the conditions outlined
above.
Sincerely,
------------,
President, AFDCB.
(Note: When sent by mail, send letter by CERTIFIED MAIL, RETURN
RECEIPT REQUESTED.)
Annex B--Letter of Appreciation
(Letterhead)
(Appropriate AFDCB)
Proprietor
--______________________________________________________________________
--______________________________________________________________________
--______________________________________________________________________
Dear Sir:
Reference is made to my letter dated -------- concerning certain
undesirable conditions reported at your establishment which adversely
affect the health and welfare of personnel in the Armed Forces.
The board appreciates your action in correcting the deficiencies
previously noted. In view of this fact, the board contemplates no
further action with respect to this matter at the present time.
The board hopes that you will continue to operate your establishment
in the manner which will benefit the health and welfare of Service
personnel. Your continued cooperation is solicited.
Sincerely,
------------,
President, AFDCB.
Annex C--Letter of Invitation
(Letterhead)
(Appropriate AFDCB)
Proprietor
--______________________________________________________________________
--______________________________________________________________________
--______________________________________________________________________