[Federal Register Volume 61, Number 145 (Friday, July 26, 1996)]
[Rules and Regulations]
[Pages 39072-39080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18476]


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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 630


Absentee Deserter Apprehension Program and Surrender of Military 
Personnel to Civilian Law Enforcement Agencies

AGENCY: Office of the Army Staff Judge Advocate, DOD.

ACTION: Final rule.

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SUMMARY: The Department of the Army announces a complete revision of 
its Military Absentee and Deserter Apprehension regulations to bring 
them in line with changes to Army Regulation 190-9, with the same 
title. This revision revises provost marshal procedures and 
responsibilities for military personnel who are in an absentee or 
deserter status and procedures and responsibilities for surrender of 
military personnel to civilian law enforcement authorities. These 
regulations support the approved parts of the Joint Service Plan for 
Deserter Apprehension Program July 1978 and Department of Defense 
Directive 1325.2.

DATE: Effective July 26, 1996.

FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey Porter at 681-5078.

SUPPLEMENTARY INFORMATION:

    a. This part applies to the Active Army and the U.S. Army Reserve 
and

[[Page 39073]]

the Army National Guard when in title 10, United States Code status. 
This part is not applicable to members of the Army National Guard 
serving on annual training or full-time training duty status under the 
provisions of title 32, United States Code.
    b. Commanders in overseas areas may deviate from the Federal Bureau 
of Investigation National Crime Information Center requirements when 
prohibited by--
    1. Local conditions.
    2. International law including applicable treaties or agreements 
with foreign governments.
    c. The provisions of subpart G of this part apply only to soldiers 
listed in paragraph a. above who are sought by Federal, State, or local 
law enforcement officials. The authority of U.S. military officials to 
apprehend, detain, and deliver U.S. personnel to the authorities of a 
host nation or other foreign country are governed by the provisions of 
applicable international agreements, United States, and host nation 
law, Army Regulation 27-50, Status of Forces Policies, Procedures and 
Information, and the directives of the overseas command.

Executive Order 12291

    This rule is not a major rule pursuant to EO 12291, Federal 
Regulation, dated February 17, 1981.

Regulatory Flexibility Act

    The Regulatory Flexibility Act has no bearing on this rule.

Paperwork Reduction Act

    This rule does not contain reporting or recordkeeping requirements 
subject to the Paperwork Reduction Act.

List of Subjects in 32 CFR Part 630

    Law enforcement officers, Military law, Military personnel, 
Prisons.
    Accordingly, 32 CFR part 630 is revised to read as follows:

PART 630-ABSENTEE DESERTER APPREHENSION PROGRAM AND SURRENDER OF 
MILITARY PERSONNEL TO CIVILIAN LAW ENFORCEMENT AGENCIES

Sec.

Subpart A--Purpose

630.1  Purpose.
630.2  References.
630.3  Explanation of abbreviations and terms.
630.4  Responsibilities.

Subpart B--Absent Without Leave

630.5  Notification.
630.6  Surrender to unit commanders.
630.7  Surrender or apprehension other installations.

Subpart C--Desertion

630.8  Administrative report.
630.9  Processing deserter reports.
630.10  Special category absentees.
630.11  Escaped prisoner.
630.12  USADIP procedures.

Subpart D--Return to Military Control

630.13  AWOL/deserter apprehension efforts.
630.14  Use of escorts.
630.15  Verification of deserter status.
630.16  Surrender or apprehension on parent installation.
630.17  Surrender or apprehension at another installation.
630.18  Surrender or apprehension off an Army installation.
630.19  Deserters and defectors in foreign countries.
630.20  Escaped military prisoner.
633.21  Other armed services deserters.
633.22  Transportation.

Subpart E--Civilian Correctional or Medical Facilities

630.23  Military detainer.
630.24  Action on return to military control.
630.25  Civilian detention facilities.
630.26  Costs of civilian detention facilities.

Subpart F--Payment of Rewards and Reimbursements

630.27  Rewards.
630.28  Reimbursement payments.
630.29  Documentation.
Subpart G--Surrender of Military Members to Civilian Law Enforcement 
Officials
630.30  Overview.
630.31  CONUS.
630.32  Responsibilities.

Figure 630.1 of Part 630--Sample Military Detainer

Appendix A to Part 630--References.
Appendix B to Part 630--Glossary.

    Authority: 10 U.S.C. 801 through 940; Manual for courts-martial, 
U.S. 1995 revised addition as amended; sec 709, Pub L. 96-154, 
Defense Appropriation Act. 93 Stat. 1153.

Subpart A--Purpose


Sec. 630.1   Purpose.

    This part provides policies and procedures for--
    (a) Reporting absentees and deserters.
    (b) Reporting special category absentees.
    (c) Reporting political defectors.
    (d) Use of automated law enforcement telecommunications.
    (e) Apprehension and processing of absentees and deserters.
    (f) Surrender of military personnel to civilian law enforcement 
authorities.


Sec. 630.2   References.

    Required and related publications and referenced forms are listed 
in appendix A to this part.


Sec. 630.3   Explanation of abbreviations and terms.

    Abbreviations and special terms used in this regulation are 
explained in the glossary.


Sec. 630.4   Responsibilities.

    (a) The Deputy Chief of Staff for Operations and Plans (DCSOPS) is 
responsible for establishing law enforcement policy and procedures for 
the military absentee and deserter apprehension programs. The DCSOPS 
will--
    (1) Exercise staff supervision over Army law enforcement 
activities.
    (2) Integrate operational control of the National Crime Information 
Center (NCIC) elements at the U.S. Army Deserter Information Point 
(USADIP).
    (3) Provide operational control of the NCIC elements at the USADIP.
    (4) Be the Department of the Army point of contact for the Federal 
Bureau of Investigation (FBI) on absentee and deserter apprehension 
policy matters.
    (b) The Deputy Chief of Staff for Personnel (DCSPER) is responsible 
for establishing personnel policy on absentees and deserters and will--
    (1) Exercise staff supervision over the USADIP.
    (2) Develop programs to assist commanders in deterring absenteeism.
    (3) Evaluate statistical profile data furnished by the Commanding 
General (CG), U.S. Total Army Personnel Command (PERSCOM) and CG, U.S. 
Army Personnel Information Systems Command (PERSINSCOM).
    (c) Commanders of major Army commands (MACOMs) will--
    (1) Supervise reporting and coordinate Army programs for the return 
to military control (RMC) of absentees, deserters, defectors, and 
special category absentees.
    (2) Ensure deserters returned to military control are reported IAW 
this part to end apprehension actions.
    (3) Provide military police support for the return of special 
category absentees and deserters from foreign countries to the 
Continental United States (CONUS) when required.
    (4) Assist in the return of soldiers to overseas commands under 
status of forces agreement.
    (5) Assure that recommended changes to Army Regulation 5-9 are 
proposed and coordinated with other MACOMs.
    (d) Commanding General, U.S. Army Criminal Investigation Command 
(USACIDC) is responsible for--
    (1) Entering and clearing subjects of USACIDC investigations and 
special category absentees reported by overseas commanders in the NCIC 
wanted person file.

[[Page 39074]]

    (2) Coordinating retrieval of records through the Director, U.S. 
Army Crime Records Center (USACRC) from the Defense Investigative 
Service (DIS) for special category absentees.
    (e) Commander, U.S. Army Enlisted Records and Evaluation Center 
(USAEREC) will--
    (1) Receive documentation and provide verification of reports of 
desertion and return to military control.
    (2) Maintain a centralized deserter data base for deserter 
statistical reporting requirements from the Automated Personnel 
Accounting System.
    (3) Maintain management data received on DD Form 616 (Report of 
Return of Absentee) to identify--
    (i) The number of deserters returned to military control monthly.
    (ii) The mode of return (surrender to or apprehended by military 
authorities, Department of Defense civilian police, civilian 
authorities, or FBI).
    (iii) Cases administratively closed (death, discharge, erroneous 
entry, and so forth). Date should be recorded in the processing month 
to hasten report compilation.
    (f) Chief, U.S. Army Deserter Information Point will--
    (1) Verify and document reports of desertion and return to military 
control.
    (2) Maintain a central deserter data base.
    (3) Provide data to DCSOPS, DCSPER, CG, PERSCOM and CG, PERSINSCOM, 
as required.
    (4) Complete cross checks against the Army Enlisted Master File 
(EMF), Joint Service Software, and other data systems to prevent false 
apprehension.
    (5) Query other Army automated personnel files to prevent mistaken 
reports of desertion.
    (6) Provide DD Form 553 (Deserter/Absentee Wanted by the Armed 
Forces) and DD Form 616 (Report of Return of Absentee) to military and 
civilian law enforcement authorities, to include the FBI when 
appropriate.
    (7) Advise U.S. Department of State, Deputy Assistant Secretary for 
Passport Services, of U.S. Army alien deserters who are known or 
suspected to have entered a foreign country, return to military 
control, or are discharged in absentia.
    (8) Enter wanted information into the NCIC.
    (g) All Army installation commanders with active Army manpower 
assets have responsibilities for reporting and returning deserters to 
military control.
    (1) Coordinating installation commanders return of deserters to 
military control within their designated areas of responsibility.
    (2) Supporting installation commanders have responsibility for all 
locations within 50 miles of their respective installations. When 
efficiency and economy demand, these distances can be increased or 
diminished as determined between the coordinating installation and the 
supporting installation.
    (h) Installation provost marshals will endeavor or resolve 
procedural arrangements at the lowest command level IAW AR 5-9.

Subpart B--Absent Without Leave


Sec. 630.5   Notification.

    The unit commander notifies the local provost marshal within 24 
hours after a soldier has been reported absent without leave (AWOL). 
Special category absentees are reported as deserters IAW Sec. 630.10 of 
this part.
    (b) On receipt of an AWOL report, the provost marshal initiates a 
DA Form 3975 (Military Police Report) and a corresponding blotter entry 
on DA Form 3997 (Military Police Desk Blotter).


Sec. 630.6   Surrender to unit commander.

    If an AWOL soldier surrenders to the parent unit the following 
procedures apply:
    (a) The unit commander immediately notifies the Provost Marshal 
that the soldier has returned.
    (b) The provost marshal finalizes the DA Form 3975 and makes a 
reference blotter entry. The provost marshal forwards DA Form 3975 and 
4833 (Commander's Report of Disciplinary or Administration Action) with 
an appropriate suspense date through the appropriate field grade 
commander to the unit commander for action.
    (c) The unit commander reports action taken to the provost marshal 
on DA Form 4833 not later than the assigned suspense date.


Sec. 630.7   Surrender or apprehension at other installations.

    (a) If an AWOL soldier surrenders to or is apprehended by a provost 
marshal other than the parent installation, the apprehending provost 
marshall
    (1) Issues DD Form 460 (Provisional Pass) IAW AR 190-45, paragraph 
5-2, and verbal orders to the solider to return to their proper 
station. The DD Form 460 and transportation requests are used instead 
of an escort if there is a reasonable expectation that the soldier will 
comply. Express mail may be used to forward the DD Form 460 to the 
absentee. DD Form 460 will not be required if the provost marshal 
elects to return the soldier through different means.
    (2) Prepares and forwards DA Forms 3975 and 4833, along with a copy 
of DD Form 460 to the parent installation provost marshal.
    (b) The parent installation provost marshal--
    (1) Completes a reference blotter entry reflecting the AWOL 
soldier's RMC.
    (2) Forwards DA Form 3975 and DA Form 4833, with an appropriate 
suspense, through the field grade commander to the unit commander.
    (3) On return of the completed DA Form 4833 from the unit 
commander, forwards the original and one copy of the form to the 
apprehending provost marshal. The parent installation Provost Marshal 
may retain a copy of DA Form 3975 and DA Form 4833 pertaining to the 
case.

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.
    (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

[[Page 39075]]

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-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.

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 instances when such effort is 
warranted include when the AWOL soldier or deserter is wanted as the

[[Page 39076]]

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 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

[[Page 39077]]

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.


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 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.''

Subpart E--Civilian Correctional or Medical Facilities


Sec. 630.23  Military detainer.

    (a) Military detainer (see sample detainer at Figure 630.1 of this 
part) must be placed when a soldier is being held by civilian 
authorities and release of the soldier is not imminent. The 
installation commander or provost marshal may initiate a detainer. The 
purposes for filing a detainer are to--
    (1) Officially inform civilian authorities that any Army soldier is 
in their custody and military authorities want to assume custody at 
release.
    (2) Request military authorities be kept advised on the status of 
actions taken by civilian authorities.
    (3) Permit military authorities to monitor the person's military 
status while in civilian custody.
    (b) A detainer is canceled when the person is released to military 
custody.
    (c) If an AWOL or DFR individual is being detained by civilian 
authorities the military police
    (1) Notify the proper installation commander or coordination 
authority at once that the individual--
    (i) Is being detained by civilian authorities on civil or criminal 
charges.
    (ii) Is committed to a civilian medical facility.
    (2) Place a military detainer with the civilian law enforcement 
agency and inform the installation commander or coordinating authority 
of--
    (i) Changes or medical problems concerning the absentee.
    (ii) Probable length of detention by civilian authorities.


Sec. 630.24  Action on return to military control

    (a) The military authority first receiving or apprehending the 
absentee or deserter, or receiving word of their detention by civilian 
authorities, immediately contacts the installation or area provost 
marshal and provides the following data.

[[Page 39078]]

    (1) Name, grade, and social security number of the absentee.
    (2) Date absence began and unit from which absent.
    (3) Absentee, deserter, or escaped prisoner status.
    (4) Date, place, and military unit or civilian agency where the 
person was apprehended, surrendered, or detained.
    (5) Unit to which the absentee or deserter will be assigned or 
attached on return.
    (b) When military law enforcement personnel are the first military 
authority receiving a report of an AWOL or DFR person's apprehension or 
surrender the following actions are also taken:
    (1) Initiate an inquiry with the NCIC. When the NCIC inquiry shows 
the individual is wanted by civilian law authorities for a criminal 
offense, immediately contact the civilian agency. Advise the civilian 
agency of the individual's location and where the return to military 
control will be made. Place the results in item 9 of DD Form 616 and 
send it to the commander receiving the returnee. All Army returnees 
wanted for a criminal offense other than AWOL or desertion are reported 
to Commander, U.S. Army Criminal Investigation Command, ATTN: CICR-ZA, 
6010 6th Street, Fort Belvoir, VA 22060-5585 to ensure that military 
law enforcement investigations or criminal charges are not pending.
    (2) When the individual is not wanted for a criminal offense, 
coordinate RMC with the appropriate military personnel office and take 
action in paragraph (c) of this section.
    (c) Absentees and deserters being held temporarily by civilian 
authorities are returned to military control as soon as possible. 
Military authorities should strive to return absentees or deserters to 
military control within 48 hours after being notified of their 
whereabouts and impending release.


Sec. 630.25  Civilian detention facilities.

    (a) When necessary, civilian detention facilities may be used to 
temporarily detain absentees, deserters or escaped military prisoners. 
Contracts providing for payment of actual costs for detention may be 
made with state or county jails that have been approved by the Bureau 
of Prisons. U.S. Department of Justice information about approved 
facilities is available from the nearest U.S. Marshal's office.
    (b) Contracts must contain standards of treatment of military 
prisoners per AR 190-47. The Federal Acquisition Regulation (FAR), The 
Federal Acquisition Supplement (FAS), and the Army Procurement 
Procedure Supplement (APPS) govern these contracts.


Sec. 630.26  Costs of civilian detention facilities.

    (a) Civilian authorities may be reimbursed according to contracts 
for temporary detention after military authorities have assumed 
custody. It does authorize payment from the date further detention was 
requested. This does not authorize payment for subsistence and 
detention for the same period for which a reward was authorized. This 
does not preclude payment of reward or reimbursement for reasonable 
expenses for periods before delivery to military custody. Detained 
officers receiving basic allowance for substance (BAS) are charged the 
cost of substance.
    (b) Costs incurred by the Army for detention under an Army contract 
are paid to the civilian facility. Any payment to the Army by another 
Armed Service must be by prior agreement between the commanders 
concerned.

Subpart F--Payment of Rewards and Reimbursements


Sec. 630.27  Rewards

    (a) Receipt of an authorized communication, oral or written (for 
example DD Form 553 and entry into the NCIC) from a military or Federal 
law enforcement official or agency, requesting cooperation in the 
apprehension or delivery to military control of an absentee or deserter 
wanted by the Armed Forces constitutes the basis for a reward.
    (b) A reward can be paid to an eligible person or agency who 
apprehends and detains an absentee or deserter until military 
authorities assume control. The finance and accounting officer 
designated by the MACOM commander pays the claimant. If two or more 
eligible persons or agencies are entitled to a reward, the payee may 
divide the payment among the participants. Payment for an apprehension 
effected jointly by an eligible and ineligible person or agency may be 
claimed by the eligible person or agency. Ineligible persons may not 
share in payments.
    (c) Payment of a reward to persons or agencies is authorized as 
indicated below:
    (1) A reward for apprehension and detention of an absentee or 
deserter until military authorities assume custody.
    (2) A reward for apprehension of an absentee or deserter and 
subsequent delivery to a military installation with facilities to 
receive and process absentees and deserters.
    (d) The reward may not exceed the amount specified in the current 
defense appropriation account for--
    (1) The apprehension and detention of absentees or deserters until 
military authorities take custody.
    (2) The apprehension and delivery to military authorities of 
absentees or deserters.
    (e) A reward or reimbursement for expenses is not authorized for an 
Armed Service member. Federal government employees, a lawyer on whose 
advice an absentee or deserter surrenders, or when payment would 
violate public policy.


Sec. 630.28  Reimbursement payments.

    (a) Reimbursement payments to official agencies is authorized 
when--
    (1) A reward has been offered.
    (2) Reimbursement is requested in place of a reward.
    (b) Reimbursement for reasonable and actual expenses may be made to 
more than one eligible person or agency. However, total reimbursement 
for the return of an absentee or deserter may not exceed the amount 
authorized for reward.
    (c) Dual payment (reward and reimbursement) relating to one 
absentee or deserter is prohibited.
    (d) Official transportation and personal services payment are not 
made for--
    (1) Transportation by official vehicle.
    (2) Personal services of the claimant.
    (3) Apprehension and detention not followed by return to military 
custody.


Sec. 630.29  Documentation.

    (a) Payment of reward or reimbursement for expenses is documented 
by processing Standard Form 1034 (Public Voucher for Purchase and 
Services Other Than Personal). The following information must be 
provided on SF 1034 or supporting documents:
    (1) Name, social security number, and last duty station (DD Form 
553 or DD Form 616) of the absentee.
    (2) Date, place of arrest, and place of return to military custody 
(DD Form 616).
    (3) Signed statement by claimant that the agency qualifies for a 
reward under paragraph (a), (b), or (c) of this section.
    (4) Statement signed by military representative documenting either 
of the following:
    (i) Delivery to a military installation with facilities to receive 
and process absentees and deserters.
    (ii) Military custody assumed at a site other than a military 
installation or facility.
    (5) Army forms provided to claimants to support payment request.
    (b) When required, military pay vouchers are prepared for absentees 
and

[[Page 39079]]

deserters per AR 37-104-3, paragraphs 80310, 80311, and 80313.

Subpart G--Surrender of Military Members to Civilian Law 
Enforcement Officials


Sec. 630.30  Overview.

    (a) This chapter establishes provost marshal procedures and 
responsibilities for the surrender of soldiers to civilian law 
enforcement authorities. It is the policy of the Department of the Army 
to cooperate with civilian authorities unless the best interest of the 
Army will be prejudiced.
    (b) Provost marshals assist in the delivery of a soldier to 
civilian authorities per this regulation and applicable personnel 
management regulations. AR 630-10, Chapter 7, provides personnel 
management policies and procedures on the surrender of soldiers to 
civilian authorities.


Sec. 630.31  CONUS.

    (a) Generally, provost marshal activity is limited to ensuring that 
a military detainer is prepared and signed when surrendering a soldier 
to civilian law enforcement officials (see figure 630.1 of this part).
    (b) There is no statutory authority for a commander to deliver a 
soldier to a bail bondsman or surety. The surety must coordinate with 
the installation Staff Judge Advocate and the Commander of the soldier 
prior to attempting to apprehend the soldier. To preserve peace and 
order on the installation, military police will accompany the surety to 
observe the surety taking custody of the soldier.


Sec. 630.32  Responsibilities.

    (a) In foreign countries, the authority of U.S. military personnel 
to apprehend, detain and deliver U.S. personal to civil authorities of 
foreign countries is governed by the provisions of international 
agreements. AR 27-50, and the laws of the host nation. The extent of 
the authority in a particular country is determined from directives 
published by the OCONUS MACOM Commander.
    (b) Chief, DAMO-ODL--
    (1) Coordinates approved requests for surrender of the soldier with 
the civilian law enforcement agency or prosecuting attorney's office 
requesting surrender of the soldier. Transportation costs of the 
soldier from the point of debarkation are the responsibility of the 
requesting agency.
    (2) Coordinates surrender of the soldier with the felony warrant or 
extradition division of the civilian law enforcement agency or Federal 
law enforcement agency at the point of debarkation.
    (3) Contacts the CONUS installation provost marshal with area of 
responsibility for assistance in the surrender of the soldier.
    (c) MACOM Provost Marshal--
    (1) If requested by the General Court-Martial convening authority 
or designee, arranges escort of the soldier to the point of embarkation 
or debarkation in CONUS.
    (2) Notifies Chief, DAMO-ODL, of the departure date, time, flight 
number, and the name of the individual(s) who will escort the soldier, 
if applicable.
    (d) CONUS Provost Marshal with area of responsibility--
    (1) Prepares a military detainer for the soldier to be surrendered.
    (2) Meets the aircraft, assists in the surrender of the soldier, 
and presents the military detainer.
    (3) Provides a copy of the detainer and attachment order to the 
commander of the PCF or the unit to which the solider will be attached.

Figure 630.1 of Part 630--Sample Military Detainer

    I, (name of civilian representative) an official agent 
representing (name and address of civilian jurisdiction), accept 
custody and control of (grade, name, social security number), a U.S. 
Soldier, for trail on a charge (state offense(s)), I agree, on 
behalf of the jurisdiction named above, to inform the Commander, 
(installation address), of results of the judicial process and to 
return the solider at no expense to the Army or the soldier to said 
Army installation unless a place nearer the civilian jurisdiction is 
designed by Department of the Army. The soldier will be returned 
immediately on dismissal or other disposition of charges 
facilitating return of the soldier. When disposition precludes 
immediate return of the soldier following litigation, I will furnish 
results of the judicial process and information concerning the 
earliest possible date the soldier might be returned to Army 
control. I will also advise the designated commander whenever the 
location of incarceration of the soldier changes or whether soldier 
is released on bail or bond. I understand the above commander will 
advise the civilian jurisdiction which I represent if the soldier's 
return to military custody is no longer desired. I was furnished a 
copy of this agreement on (date).

(signature)
(position)
(name of jurisdiction)
(Address of jurisdiction)

Appendix A to Part 630--References

     Publications and forms referenced in this part may be viewed at 
the Office of Provost Marshal at any Army installation. Department 
of Defense publications are also available from the National 
Technical Information Service, U.S. Department of Commerce, 5285 
Port Royal Road, Springfield, VA 21161; telephone (703) 487-4684.

Required Publications

AR 5-9--Intraservice Support Installation Area Support Coordination 
(cited in Sec. 630.4)
AR 27-50--Status of Forces Policies Procedures and Information 
(Cited in Sec. 630.19 and Sec. 630.30)
AR 190-45--Military Police Law Enforcement Reporting (Cited in 
Sec. 630.7 and Sec. 630.9)
AR 190-47--The United States Army Correctional System (Cited in 
Sec. 630.22 and Sec. 630.25)
AR 630-10--Absence Without Leave, Desertion, and Administration of 
Personnel involved in Civilian Court Proceedings (Cited in 
Sec. 630.8 and Sec. 630.30)
Manual for Court-martial, United States (Cited in Sec. 630.8)

Related Publications

    A related publication is merely a source of additional 
information. The user does not have to read it to understand this 
publication.

AR 37-104-3--Military Pay and Allowance Procedures: Joint Uniform 
Military Pay System Army (JUMPS-A1RR)
AR 55-355--Defense Traffic Management Regulation

Prescribed Forms

DD Form 616--Report of Return of Absentee (Prescribed in Sec. 630.4, 
Sec. 630.14, Sec. 630.15, Sec. 630.16, Sec. 630.20, Sec. 630.24 and 
Sec. 630.29)

Referenced Forms

DA Form 2804--Crime Records Data Reference
DA Form 3975--Military Police Report
DA Form 3997--Military Police Desk Reference
DA Form 4833--Commander's Report of Disciplinary or Administrative 
Action
DA Form 369--Police Record Check
DA Form 460--Provisional Pass
DD Form 553--Deserter/Absentee Wanted by the Armed Forces
SF 1034--Public Voucher for Purchases and Services Other than 
Personal

Appendix B to Part 630--Glossary

Abbreviations

AAPS--Army Procurement Procedure Supplement
ARNG--Army National Guard
AWOL--absent without leave
BAS--basic allowance for substance
CG--commanding general
CONUS--Continental United States
DCSPER--Deputy Chief of Staff for Personnel
DCSOPS--Deputy Chief of Staff for Operations and Plans
DFR--dropped from the rolls
DIS--Defense Investigative Service
DSN--Defense Systems Network
EMF--enlisted master file
FAR--Federal Acquisition Regulation
FAS--Federal Acquisition Supplement
FBI--Federal Bureau of Investigation
MAC--Military Airlift Command
MACOM--major Army command

[[Page 39080]]

NCIC--National Crime Information Center
NLETS--National Law Enforcement Telecommunication System
OCONUS--outside Continental United States
PCF--Personnel Control Facility
PERSCOM--U.S. Army Total Personnel Command
PERSINSCOM--U.S. Army Personnel Information Systems Command
RMC--return to military control
ROTC--Reserve Officer Training Course
TR--Transportation request
UCMJ--Uniform Code of Military Justice
USACIDC--U.S. Army Criminal Investigation Command
USACRC--U.S. Army Crime Records Center
USADIP--U.S. Army Deserter Information Point
USAEREC--U.S. Army Enlisted Records and Evaluation Center
USAR--U.S. Army Reserve

Terms

    Coordinating agent.--A person within a staff agency of CONUS 
command or CONUS installation who is responsible for coordinating 
and monitoring the absentee and deserter program.
    Desertion.--A violation of Article 85, UCMJ. It applies to any 
member of the Armed Forces who commits any of the following:
    (a) Not used.
    (1) Without authority goes or remains absent from his or her 
unit, organization, or place of duty with intent to remain away 
therefrom permanently.
    (2) Quits his or her unit, organization, or place of duty with 
intent to remain away therefrom permanently.
    (3) Without being regularly separated from one of the Armed 
Forces enlists or accepts an appointment in the same or another one 
of the Armed Forces without fully disclosing the fact that he or she 
has not been regularly separated, or enters any foreign Armed 
Service except when authorized by the United States. (This provision 
has been held not to state a separate offense by the United States 
Court of Military Appeals in United States v. Huff, 7 U.S.C.M.A. 
247.22 C.M.R. 37 (1956).
    (4) Any commissioned officer of the Armed Forces who, after 
tender of his or her resignation and before notice of its 
acceptance, quits his or her post or proper duties without leave and 
with intent to remain away therefrom permanently is guilty of 
desertion.
    (b) Deserters are classified as defectors when they commit any 
of the following:
    (1) Have escaped to another country and are outside the 
jurisdiction and control of the United States.
    (2) Are unwilling to return to the United States.
    (3) Are of special value to another country.
    (4) Have repudiated the United States when beyond its 
jurisdiction or control.
    Deserter control officer.--A commissioned officer (normally a 
battalion or unit adjutant) appointed in desertion cases to ensure 
that documentation on deserters dropped from the rolls is provided 
in a timely manner.
    Detainer.--A written notice to civil authorities that a person 
in their custody is an absentee of the Army or serving on active 
duty with the Army and that military authorities desire to take 
custody on release.
    Dropped from the rolls of a unit.--An administrative action that 
drops an absentee from the strength accountability of a unit.
    Dropped from strength.--A strength accounting procedure used to 
exclude personnel from the operating strength of the Army.
    National Crime Information Center.--A computerized police 
information system established by the Federal Bureau of 
Investigation to serve participating law enforcement agencies.
    Personal Assistance Point.--Agencies of the U.S. Army Total 
Personnel Command located at aerial ports of embarkation or 
debarkation to assist Army transient personnel enroute to or 
returning from overseas.
    Personnel Control Facility.--An organization that processes 
absentees returned to military control from an unauthorized absence. 
These facilities ensure proper disposition of returnees.
    Special category absentee.--A soldier reported AWOL who had 
access to top secret information during the last 12 months or is 
currently assigned to a special mission unit.
    Special mission unit.--A unit assigned a mission of such 
extraordinary sensitivity as to require specific management, 
oversight, and employment consideration.
    Unavoidable absence.--An unauthorized absence that happened 
through no fault of the absentee and no fault of the Government.
    Unit.--An organization, agency, or activity.
    Unit commander.--The commander of an absentee's or deserter's 
unit of assignment or attachment.
    U.S. Army Deserter Information Point.--The focal point with the 
Army for controlling, verifying, accounting, and disseminating data 
on individuals administratively classified as deserters.
Gregory D. Showalter,
Army Federal Register Liaison Officer.
[FR Doc. 96-18476 Filed 7-25-96; 8:45 am]
BILLING CODE 3710-08-P