[Federal Register Volume 70, Number 138 (Wednesday, July 20, 2005)]
[Proposed Rules]
[Pages 41641-41648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14213]


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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 631

RIN 0702-AA50


Armed Forces Disciplinary Control Boards and Off-Installation 
Liaison and Operations

AGENCY: Department of the Army, DoD.

ACTION: Proposed rule; Request for comments.

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SUMMARY: The Department of the Army proposes to revise its part 
concerning armed forces disciplinary control boards and off-
installation liaison and operations. The part prescribes uniform 
policies and procedures for the establishment, and operation of Armed 
Forces Disciplinary Control Boards, and off-installation liaison and 
operations.

DATES: Comments submitted to the address below on or before September 
19, 2005 will be considered.

ADDRESSES: You may submit comments, identified by ``32 CFR 631 and RIN 
0702-AA50 in the subject line, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-Mail: aoc.army.pentagon.mil">james.crumley@hqda-aoc.army.pentagon.mil. Include 
32 CFR 631 and RIN 0702-AA50 in the subject line of the message.
     Mail: Headquarters, Department of the Army, Office of the 
Provost Marshal General, ATTN: DAPM-MPD-LE, 2800 Army Pentagon, 
Washington, DC 20310-2800.

FOR FURTHER INFORMATION CONTACT: James Crumley (703) 692-6721.

SUPPLEMENTARY INFORMATION:

[[Page 41642]]

A. Background

    This rule has previously been published. The Administrative 
Procedure Act, as amended by the Freedom of Information Act requires 
that certain policies and procedures and other information concerning 
the Department of the Army be published in the Federal Register. The 
policies and procedures covered by this part fall into that category.

B. Regulatory Flexibility Act

    The Department of the Army has determined that the Regulatory 
Flexibility Act does not apply because the proposed rule does not have 
a significant economic impact on a substantial number of small entities 
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601-612.

C. Unfunded Mandates Reform Act

    The Department of the Army has determined that the Unfunded 
Mandates Reform Act does not apply because the proposed rule does not 
include a mandate that may result in estimated costs to State, local or 
tribal governments in the aggregate, or the private sector, of $100 
million or more.

D. National Environmental Policy Act

    The Department of the Army has determined that the National 
Environmental Policy Act does not apply because the proposed rule does 
not have an adverse impact on the environment.

E. Paperwork Reduction Act

    The Department of the Army has determined that the Paperwork 
Reduction Act does not apply because the proposed rule does not involve 
collection of information from the public.

F. Executive Order 12630 (Government Actions and Interference With 
Constitutionally Protected Property Rights)

    The Department of the Army has determined that Executive Order 
12630 does not apply because the proposed rule does not impair private 
property rights.

G. Executive Order 12866 (Regulatory Planning and Review)

    The Department of the Army has determined that according to the 
criteria defined in Executive Order 12866 this proposed rule is not a 
significant regulatory action. As such, the proposed rule is not 
subject to Office of Management and Budget review under section 6(a)(3) 
of the Executive Order.

H. Executive Order 13045 (Protection of Children From Environmental 
Health Risk and Safety Risks)

    The Department of the Army has determined that according to the 
criteria defined in Executive Order 13045 this proposed rule not apply.

I. Executive Order 13132 (Federalism)

    The Department of the Army has determined that according to the 
criteria defined in Executive Order 13132 this proposed rule does not 
apply because it will not have a substantial effect on the States, on 
the relationship between the National Government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government.

Jeffery B. Porter,
Chief, Law Enforcement Policy and Oversight Section.

List of Subjects in 32 CFR Part 631

    Alcohol, Business, Discrimination, Health, Investigations, Law 
enforcement, Military Personnel, Privacy, Safety, Uniform Code of 
Military Justice.

    For reasons stated in the preamble the Department of the Army 
proposes to revise part 631 to Subchapter I of Title 32 to read as 
follows:

PART 631--ARMED FORCES DISCIPLINARY CONTROL BOARDS AND OFF-
INSTALLATION LIAISON AND OPERATIONS

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 Participation by civil agencies.
631.9 Duties and functions of boards.
631.10 Administration.
631.11 Off-limits establishments and areas.
Subpart C--Off-Installation Operations (Military Patrols and 
Investigative Activities) and Policy
631.12 Objectives.
631.13 Applicability.
631.14 Policy (for Army only).
631.15 Policy (for Air Force only).
631.16 Policy (for Navy only).
631.17 Policy (for Marine Corps only).
631.18 Operations.
Appendix A to Part 631--Armed Forces Disciplinary Control Board 
Procedures Guide

    Authority: 10 U.S.C. 3012(b)(1)(g).

Subpart A--General


Sec.  631.1  Purpose.

    This part prescribes uniform policies and procedures for the 
establishment, and operation of the following:
    (a) Armed Forces Disciplinary Control Boards (AFDCB).
    (b) Off-installation liaison and operations.


Sec.  631.2  Applicability.

    This part applies to the following:
    (a) Active U.S. Armed Forces personnel of the Army, Air Force, 
Navy, and Marine Corps, and the Coast Guard wherever they are 
stationed.
    (b) U.S. Armed Forces Reserve personnel only when they are 
performing Federal duties or engaging in activities directly related to 
performing a Federal duty or function.
    (c) National Guard personnel only when called or ordered to active 
duty in a Federal status within the meaning of Title 10, United States 
Code.


Sec.  631.3  Supervision.

    The following will develop and have staff supervision over AFDCB 
and off-installation enforcement policies. (1) The Office of the 
Provost Marshal General (OPMG), Headquarters, Department of the Army 
(HQDA). This official serves as the proponent for this part, and has 
primary responsibility for its content.
    (2) U.S. Air Force Director of Security Forces and Force 
Protection, Department of the Air Force.
    (3) Director, Naval Criminal Investigative Service.
    (4) Commandant of the Marine Corps.
    (5) Commandant of the Coast Guard.
    (6) Installation commanders are authorized to convene joint service 
boards within their AR 5-9 area of responsibility.


Sec.  631.4  Exceptions.

    Requests for exceptions to policies contained in this part will be 
forwarded to HQDA (DAPM-MPD-LE), Washington, DC 20310-2800.

Subpart B--Armed Forces Disciplinary Control Boards


Sec.  631.5  General.

    AFDCBs may be established by installation, base, or station 
commanders to advise and make recommendations to commanders on matters 
concerning eliminating conditions, which adversely affect the health, 
safety, welfare, morale, and discipline of the Armed Forces.
    (a) For the Army, routine off-limits actions must be processed by 
an AFDCB following the procedures in Sec.  631-11.

[[Page 41643]]

    (b) Coast Guard commanders must have written authorization from the 
Commandant (G'WP) prior to establishing an AFDCB.


Sec.  631.6  Responsibilities.

    (a) Regional Directors of the Army Installation Management Agency, 
Air Force commanders, Navy regional commanders, Marine Corps 
commanders, and Coast Guard commanders will--(1) Determine level and 
degree of participation by subordinate commanders in joint Service 
boards, when appropriate.
    (2) Resolve differences among subordinate commanders regarding 
board areas of responsibility, and the designation of sponsoring 
commanders.
    (3) Evaluate board recommendations, and actions from subordinate 
sponsoring commanders.
    (4) Forward recommendations to HQDA, OPMG (DAPM-MPD-LE), WASH DC 
20310-2800, regarding circumstances that require Service headquarters 
action or programs having widespread applicability.
    (5) Ensure that subordinate commanders assess the availability of 
drug abuse paraphernalia in the vicinity of Department of Defense (DOD) 
installations through their AFDCBs, according to DOD Directive 1010.4. 
Coast Guard commanders should refer to COMDTINST M1000.6 series, 
chapter 20, for guidance on Coast Guard substance abuse policies.
    (b) Military installation commanders for off-installation 
enforcement actions will--(1) Conduct off-installation operations as 
authorized by law and Service policy.
    (2) Coordinate off-installation operations with other Service 
commanders, as applicable, for uniformity of effort, and economy of 
resources.
    (3) Assist Federal, State, and local law enforcement agencies 
within the limits imposed by law and DOD policy.
    (c) Sponsoring commanders will provide administrative support for 
AFDCB programs to include the following--(1) Promulgating implementing 
directives, and convening the board.
    (2) Providing a recorder for the board.
    (3) Providing copies of the minutes of board meetings to other 
Service commanders who are represented on the board, and to other 
AFDCBs as appropriate.
    (4) Approving or disapproving the minutes, and recommendations of 
the board, and making appropriate distribution, as required.
    (5) Publishing lists of ``off-limits'' establishments and areas.
    (6) Ensuring that responsible individuals are notified of any 
unfavorable actions being contemplated or taken regarding their 
establishments per Annex A.
    (7) Distributing pertinent information to the following--
    (i) All units within their jurisdictional area.
    (ii) Units stationed in other areas whose personnel frequent their 
area of jurisdiction.
    (8) Ensuring that procedures are established to inform all Service 
personnel, including those who may be visiting or are in a travel 
status, of off-limits restrictions in effect within the respective 
AFDCB's jurisdictional area.


Sec.  631.7  Composition of boards.

    (a) Boards should be structured according to the needs of the 
command, with consideration given to including representatives from the 
following functional areas--
    (1) Law enforcement.
    (2) Legal counsel.
    (3) Health.
    (4) Environmental protection.
    (5) Public affairs.
    (6) Equal opportunity.
    (7) Fire and safety.
    (8) Chaplains' service.
    (9) Alcohol and drug abuse.
    (10) Personnel and community activities.
    (11) Consumer affairs.
    (b) Sponsoring commanders will designate a board president, and 
determine by position which board members will be voting members. Such 
designations will be included in a written agreement establishing the 
board.


Sec.  631.8  Participation by civil agencies.

    (a) Civil agencies or individuals may be invited to board meetings 
as observers, witnesses or to provide assistance where they possess 
knowledge or information pertaining to problem areas within the board's 
jurisdiction.
    (b) Announcements and summaries of board results may be provided to 
appropriate civil agencies.


Sec.  631.9  Duties and functions of boards.

    The AFDCBs will--
    (a) Meet as prescribed by appendix A of this part.
    (b) Receive reports, and take appropriate action on conditions in 
their area of responsibility relating to any of the following--
    (1) Disorders and lack of discipline.
    (2) Prostitution.
    (3) Sexually transmitted disease.
    (4) Liquor violations.
    (5) Racial and other discriminatory practices.
    (6) Alcohol and drug abuse.
    (7) Drug abuse paraphernalia.
    (8) Criminal or illegal activities involving cults or hate groups.
    (9) Illicit gambling.
    (10) Areas susceptible to terrorist activity.
    (11) Unfair commercial or consumer practices.
    (12) Other undesirable conditions deemed unsafe which may adversely 
affect the health and well being of military personnel or their 
families.
    (c) Report to all major commanders in the board's area of 
responsibility--
    (1) Conditions cited in paragraph (b) of this section.
    (2) Recommended action as approved by the board's sponsoring 
commander.
    (d) Coordinate with appropriate civil authorities on problems or 
adverse conditions existing in the board's area of jurisdiction.
    (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 DOD, according to the applicable Service parts of the 
sponsoring commander, which--
    (1) Adversely affect the health, safety, morale, welfare, or 
discipline of service members regardless of status.
    (2) Describes crime conducive conditions where there is a direct 
Service interest.
    (b) Boards will function under the supervision of a president 
(Sec.  631.7(b)).
    (c) Certain expenses incurred by Service members in the course of 
an official board investigation or inspection may be reimbursable per 
appropriate Service finance parts or instructions. Requests for 
reimbursement will be submitted through the sponsoring commander.
    (d) Records of board proceedings will be maintained as prescribed 
by records management policies, and procedures of the sponsoring 
commander's Service.


Sec.  631.11  Off-limits establishments and areas.

    (a) The establishment of off-limits areas is a function of Command. 
It may be used by commanders to help maintain good order and 
discipline, health, morale, safety, and welfare of service members. 
Off-limits action is also intended to prevent service

[[Page 41644]]

members from being exposed to or victimized by crime-conducive 
conditions. Where sufficient cause exists, commanders retain 
substantial discretion to declare establishments or areas temporarily 
off-limits to personnel of their respective commands in emergency 
situations. Temporary off-limits restrictions issued by commanders in 
an emergency situation will be acted upon by the AFDCB as a first 
priority. As a matter of policy, a change in ownership, management, or 
name of any off-limits establishment does not, in and of itself, revoke 
the off-limits restriction.
    (b) Service members are prohibited from entering establishments or 
areas declared off-limits according to this part. Violations may 
subject the member to disciplinary action per applicable Service parts, 
and the Uniform Code of Military Justice (UCMJ). Family members of 
service members and others associated with the Service or installation 
should be made aware of off-limits restrictions. As a general policy, 
these establishments will not be visited by Service law enforcement 
personnel unless specifically determined by the installation commander 
that visits or surveillance are warranted.
    (c) Prior to initiating AFDCB action, installation commanders will 
attempt to correct adverse conditions or situations through the 
assistance of civic leaders or officials.
    (d) Prior to recommending an off-limits restriction, the AFDCB will 
send a written notice (certified mail-return receipt requested) to the 
individual or firm responsible for the alleged condition or situation. 
The AFDCB will specify in the notice a reasonable time for the 
condition or situation to be corrected, along with the opportunity to 
present any relevant information to the board. If subsequent 
investigation reveals that the responsible person has failed to take 
corrective action, the board will recommend the imposition of the off-
limits restriction.
    (e) A specified time limit will not be established when an off-
limits restriction is invoked. The adequacy of the corrective action 
taken by the responsible individual will be the determining factor in 
removing an off-limits restriction.
    (f) A person whose establishment or area has been declared off-
limits may at any time petition the president of the board to remove 
the off-limits restriction. The petition will be in writing and will 
include a detailed report of action taken to eliminate the condition or 
situation that caused imposition of the restriction. The president of 
the AFDCB may direct an investigation to determine the status of 
corrective actions noted in the petition. The board will either 
recommend removal or continuation of the off-limits restriction to the 
local sponsoring commander based on the results of the investigation.
    (g) Off-limits procedures to be followed by the boards are in 
Appendix A of this part. In the United States, off-limits signs will 
not be posted on civilian establishments by U.S. military authorities.
    (h) In areas Outside of the Continental United States (OCONUS), 
off-limits and other AFDCB procedures must be consistent with existing 
Status of Forces Agreements (SOFAs).

Subpart C--Off-Installation Operations (Military Patrols and 
Investigative Activities) and Policy


Sec.  631.12  Objectives.

    The primary objectives of off-installation operations are to--
    (a) Render assistance and provide information to Service members.
    (b) Preserve the safety, and security of service members.
    (c) Preserve good order and discipline among Service members and 
reduce off-installation incidents and offenses.
    (d) Maintain effective cooperation with civil authorities, and 
community leaders.


Sec.  631.13  Applicability.

    This section is not applicable to the U.S. Coast Guard.


Sec.  631.14  Army Policy.

    (a) Soldiers, military and/or Department of the Army Civilian (DAC) 
police performing off-installation operations must be thoroughly 
familiar with applicable agreements, constraints of the Posse Comitatus 
Act (18 U.S.C. 1385) in the Continental United States (CONUS) and 
United States-host nation agreements in areas OCONUS.
    (b) Military and/or DAC police assigned to off-installation 
operations have the sole purpose of enforcing parts, and orders 
pertaining to persons subject to their jurisdiction.
    (c) Military and/or DAC police accompanying civilian law 
enforcement officers remain directly responsible to, and under the 
command of, U.S. Army superiors. Military and DAC police may come to 
the aid of civilian law enforcement officers to prevent the commission 
of a felony or injury to a civilian law enforcement officer.
    (d) Regional Directors of the Army Installation Management Agency 
(IMA), Commander, Army Materiel Command (AMC), and Commander, Army Test 
and Evaluation Command (ATEC) may authorize subordinate commanders to 
establish off-installation operations within the limits imposed by 
higher authority, the Posse Comitatus Act (18 U.S.C. 1385) in CONUS, 
and United States-host nation agreements in OCONUS areas--
    (1) To assist Federal, State, and local law enforcement agencies.
    (2) In conjunction with military activities.
    (3) To safeguard the health and welfare of Soldiers.
    (4) When the type of offenses or the number of Soldiers frequenting 
an area is large enough to warrant such operations.
    (e) The constraints on the authority of Soldiers and/or DAC police 
to act off-Installation, (Posse Comitatus Act (18 U.S.C. 1385) in CONUS 
and United States-host nation agreements in OCONUS areas) and the 
specific scope of off-installation operations will be clearly 
delineated in all authorizations for off-installation operations. Off-
installation operations will be coordinated with the local installation 
commander through the Staff Judge Advocate (SJA), or higher authority, 
and appropriate civilian law enforcement agencies.


Sec.  631.15  Air Force Policy.

    (a) Airmen, military and/or Department of the Air Force Civilian 
(DAFC) police performing off-installation operations must be thoroughly 
familiar with applicable agreements, constraints of the Posse Comitatus 
Act (18 U.S.C. 1385) in CONUS and United States-host nation agreements 
in areas OCONUS.
    (b) Military and/or DAFC police assigned to off-installation 
operations have the sole purpose of enforcing parts, and orders 
pertaining to persons subject to their jurisdiction.
    (c) Military and/or DAFC police accompanying civilian law 
enforcement officers remain directly responsible to, and under the 
command of, U.S. Air Force superiors. Military and DAFC police may come 
to the aid of civilian law enforcement officers to prevent the 
commission of a felony or injury to a civilian law enforcement officer.
    (d) Air Force commanders may authorize subordinate commanders to 
establish off-installation operations within the limits imposed by 
higher authority, the Posse Comitatus Act (18 U.S.C. 1385) in CONUS, 
and United States-host nation agreements in OCONUS areas--(1) To assist 
Federal, State, and local law enforcement agencies.

[[Page 41645]]

    (2) In conjunction with military activities.
    (3) To safeguard the health and welfare of Airmen.
    (4) When the type of offenses or the number of Airmen frequenting 
an area is large enough to warrant such operations.
    (e) The constraints on the authority of Airmen and/or DAFC police 
to act off-installation, (Posse Comitatus Act (18 U.S.C. 1385) in CONUS 
and United States-host nation agreements in OCONUS areas) and the 
specific scope of off-installation operations will be clearly 
delineated in all authorizations for off-installation operations. Off-
installation operations will be coordinated with the local installation 
commander through the Staff Judge Advocate (SJA), or higher authority, 
and appropriate civilian law enforcement agencies.


Sec.  631.16  Navy Policy.

    The following policies apply to off-installation operations--
    (a) Article 1630-020, MILPERSMAN revised August 2002, and Navy 
Parts, Article 0922 concerning the establishment and operation of a 
shore patrol.
    (b) In accordance with SECNAV 1620.7A, Navy Absentee Collection 
Units collect, and process apprehended absentees and deserters, escort 
apprehended absentees, and deserters to their parent commands or to 
designated processing activities, escort prisoners between confinement 
facilities, and provide liaison with civilian law enforcement 
authorities.
    (c) Navy personnel will be thoroughly familiar with all applicable 
agreements and Implementing standard operating procedures, to include 
the constraints of the Posse Comitatus Act (18 U.S.C. 1385), in CONUS 
and United States-host nation agreements in OCONUS areas, as 
applicable.
    (d) Within CONUS. (1) Installation Commanders may request authority 
from their Regional Commander, to establish off-installation 
operations--
    (i) To assist Federal, State, and local law enforcement agencies 
within the limits imposed by higher authority and the Posse Comitatus 
Act (18 U.S.C. 1385).
    (ii) In conjunction with military operations.
    (iii) To safeguard the health, and welfare of Naval personnel.
    (iv) When the type of offenses or the number of service members 
frequenting an area is large enough to warrant such operation.
    (2) Constraints on the authority of military personnel to act off-
installation (Posse Comitatus Act (18 U.S.C. 1385) and the specific 
scope of the authority will be clearly delineated in all authorizations 
for off-installation operations.
    (e) Within OCONUS, off-installation operations will be kept at the 
minimum needed for mission accomplishment. Installation commanders may 
authorize off-installation operations as required by local conditions 
and customs, as long as they are conducted in accordance with 
applicable treaties and SOFAs.
    (f) Off-installation operations will be coordinated with the local 
installation commander through the JAG or higher authority, and local 
law enforcement authorities.
    (g) Security personnel selected for off-installation operations 
must--
    (1) Have mature judgment and law enforcement experience.
    (2) Be thoroughly familiar with all applicable agreements and 
implementing standard operating procedures, to include the constraints 
of the Posse Comitatus Act (18 U.S.C. 1385), in CONUS and United States 
Host Nation agreements in OCONUS area, as applicable.
    (h) Security personnel accompanying civilian police during off-
installation operations do so only to enforce parts and orders 
pertaining to persons subject to their jurisdiction. Security personnel 
assigned off-installation operations remain directly responsible to, 
and under the command of their Navy superiors when accompanying 
civilian police. Security personnel performing such duties may come to 
the aid of civilian police in order to prevent the commission of a 
felony or injury to a civilian police officer.
    (i) Civilian police and court liaison may be established with 
concurrence of the Naval Criminal Investigative Service and is 
encouraged particularly when the intent is to reduce mishaps.


Sec.  631.17  Marine Corps Policy.

    (a) Within CONUS. (1) Commanders may request authority from 
Headquarters, Marine Corps (Code POS), to establish off-installation 
operations--
    (i) To assist Federal, State, and local law enforcement agencies 
within the limits imposed by higher authority and the Posse Comitatus 
Act (18 U.S.C. 1385).
    (ii) In conjunction with military operations.
    (iii) To safeguard the health, and welfare of Marines.
    (iv) When the type of offenses or the number of service members 
frequenting an area is large enough to warrant such operations.
    (2) Constraints on the authority of military personnel to act off-
installation (Posse Comitatus Act (18 U.S.C. 1385)) and the specific 
scope of the authority will be clearly delineated in all authorizations 
for off-installation operations.
    (b) Within OCONUS, off-installation operations will be kept at the 
minimum needed for mission accomplishment. Installation commanders may 
authorize off-installation operations as required by local conditions 
and customs, as long as they are conducted in accordance with 
applicable treaties and SOFAs.
    (c) Off-installation operations will be coordinated with the local 
installation commander through the SJA, or higher authority, and local 
law enforcement authorities.
    (d) Marines selected for off-installation operations must--
    (i) Have mature judgment and law enforcement experience.
    (ii) Be thoroughly familiar with all applicable agreements and 
implementing standard operating procedures, to include the constraints 
of the Posse Comitatus Act (18 U.S.C. 1385), in CONUS and United 
States-host nation agreements in OCONUS areas, as applicable.
    (e) Marines accompanying civilian police during off-installation 
operations do so only to enforce parts and orders pertaining to persons 
subject to their jurisdiction. Marines assigned off-installation 
operations remain directly responsible to, and under the command of 
their Marine superiors when accompanying civilian police. Marines 
performing such duties may come to the aid of civilian police in order 
to prevent the commission of a felony or injury to a civilian police 
officer.
    (f) Procedures for absentee and deserter collection units to accept 
an active-duty absentee or deserter from civilian authorities may be 
established.
    (g) Civilian police and civil court liaison may be established.


Sec.  631.18  Operations.

    When an incident of substantial interest to the Service, involving 
Service property or affiliated personnel, occurs off-installation, the 
Service law enforcement organization exercising area responsibility 
will--
    (a) Obtain copies of civilian law enforcement reports for 
processing or forwarding according to applicable Service parts.
    (b) Return apprehended persons to representatives of their Service 
as soon as practicable.

[[Page 41646]]

APPENDIX A TO PART 631--ARMED FORCES DISCIPLINARY CONTROL BOARD 
PROCEDURES GUIDE

    A-1. Purpose. This guide prescribes procedures for the 
establishment, operation, and coordination of AFDCBs. AFDCB 
proceedings are not adversarial in nature.
    A-2. Meetings.
    a. The board will meet quarterly. The commander establishing the 
AFDCB may specify whether the meetings will be open or closed. If 
not specified, the decision is at 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.
    c. A majority of voting members constitutes a quorum for board 
proceedings.
    A-3. AFDCB composition. Voting members will be selected per 
section 631.7.
    A-4. Attendance of observers or witnesses.
    a. The board may invite individual persons or organization 
representatives as witnesses or observers if they are necessary or 
appropriate for the conduct of board proceedings. The below listed 
authorities may assist in addressing installation or command 
concerns or issues.
    (1) Federal, State, and local judicial, legislative, and law 
enforcement officials.
    (2) Housing part and enforcement authorities.
    (3) Health, and social service authorities.
    (4) Environmental protection authorities.
    (5) Alcoholic beverage control authorities.
    (6) Equal employment opportunity authorities.
    (7) Consumer affairs advocates.
    (8) Chamber of Commerce representatives.
    (9) Public works or utility authorities.
    (10) Local fire marshal, and public safety authorities.
    (11) State and local school board or education officials.
    (12) Any other representation deemed appropriate by the 
sponsoring command such as, news media, union representatives, and 
so forth.
    b. Invited witnesses and observers will be listed in the minutes 
of the meeting.
    A-5. Appropriate areas for board consideration.
    a. Boards will study and take appropriate action on all reports 
of conditions considered detrimental to the good order and 
discipline, health, morale, welfare, safety, and morals of Armed 
Forces personnel. These adverse conditions include, but are not 
limited to, those identified in Sec.  631.9.
    b. The board will immediately forward to the local commander 
reported circumstances involving discrimination based on race, 
color, sex, religion, age, or national origin.
    A-6. Off-limit 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 their health, safety, welfare, morale, or morals. 
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 to produce the desired corrective action.
    b. 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.
    c. 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 
procedure will ensure complete, and documented information 
concerning questionable adverse conditions.
    d. 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 by a specified date, and, if such conditions or 
practices continue, off-limits proceedings will be initiated. Any 
correspondence with the individuals responsible for adverse 
conditions, which may lead to off-limits action, will be by 
certified mail.
    e. If a proprietor takes remedial action to correct undesirable 
conditions previously noted, the board should send a letter of 
appreciation (Annex B) recognizing this cooperation.
    f. If undesirable conditions are not corrected, the proprietor 
will be invited to appear before the AFDCB to explain why the 
establishment should not be placed off-limits (Annex C). Any 
proprietor may designate in writing a representative to appear 
before the board in his or her behalf.
    g. In cases where proprietors have been invited to appear before 
the board, the president of the board will perform the following--
    (1) Prior to calling the proprietor--
    (a) Review the findings and decision of the previous meeting.
    (b) Call for inspection reports.
    (c) Allow those present to ask questions and discuss the case.
    (2) When the proprietor or his or her representative is called 
before the board--
    (a) Present the proprietor with a brief summary of the complaint 
concerning the establishment.
    (b) Afford the proprietor an opportunity to present matters in 
defense.
    (c) Invite those present to question the proprietor. After the 
questioning period, provide the proprietor an opportunity to make a 
final statement before being dismissed.
    (3) Deliberations on recommended actions will be in closed 
session, attended only by board members.
    h. The board should recommend an off-limits restriction only 
after the following:
    (1) The letter of notification (Annex A) has been sent.
    (2) An opportunity for the proprietor to appear before the board 
has been extended.
    (3) Further investigation indicates that improvements have not 
been made.
    i. The minutes will indicate the AFDCB's action in each case. 
When a recommendation is made to place an establishment off-limits, 
the minutes will show the procedural steps followed in reaching the 
decision.
    j. Recommendations of the AFDCB will be submitted to the 
sponsoring commander for consideration. The recommendations will 
then be forwarded to other installation commanders who are 
represented on the board (Annex D). If no objection to the 
recommendations is received within 10 days, the sponsoring commander 
will approve or disapprove the recommendations and forward the 
decision to the AFDCB president.
    k. Upon approval of the AFDCB's recommendations, the president 
will write the proprietor that the off-limits restriction has been 
imposed (Annex E).
    l. A time limit should not be specified when an off-limits 
restriction is revoked. The adequacy of the corrective action taken 
by the proprietor of the establishment must be the determining 
factor in removing the off-limits restriction.
    m. Military authorities may not post off-limits signs or notices 
on private property.
    n. In emergencies, commanders may temporarily declare 
establishments or areas off-limits to service members subject to 
their jurisdiction. The circumstances for the action will be 
reported as soon as possible to the commander sponsoring the board. 
Detailed justification for this emergency action will be provided to 
the board for its deliberations.
    o. Appropriate installation commanders will publish a list of 
off-limits establishments and areas using command and media 
channels.
    A-7. Removal of off-limits restrictions.
    a. Removal of an off-limits restriction requires AFDCB action. 
Proprietors of establishments declared off-limits should be advised 
that they may appeal to the appropriate AFDCB at any time. In their 
appeal they should submit the reason why the restriction should be 
removed. A letter of notification for continuance of the off-limits 
restriction should be sent to the proprietor if the AFDCB does not 
remove the off-limits restriction (Annex F). The proprietor may 
appeal to the next higher commander if not satisfied with 
continuance after exhausting all appeals at the local sponsoring 
commander level. Boards should make at least quarterly inspections 
of off-limits establishments. A statement that an inspection has 
been completed should be included in AFDCB minutes.
    b. When the board learns that the proprietor has taken adequate 
corrective measures, the AFDCB will take the following actions:
    (1) Discuss the matter at the next meeting and make an 
appropriate recommendation.
    (2) Forward a recommendation for removal of the off-limits 
restriction to the sponsoring commander. If approved, a letter 
removing

[[Page 41647]]

the restriction (Annexes G & H) will be sent to the proprietor.
    (3) The minutes will reflect action taken.
    A-8. Duties of the AFDCB president.
    The president of the AFDCB will--
    a. Schedule and preside at all AFDCB meetings.
    b. Provide an agenda to each voting member at least 72 hours 
prior to the meeting.
    c. Ensure records, minutes, and correspondence are prepared, 
distributed, and maintained per Sec.  631.10(d).
    A-9. Commanders.
    The installation commander, and commanders within an AFDCB's 
area of responsibility must be thoroughly acquainted with the 
mission and services provided by AFDCBs. AFDCB members should keep 
their respective commanders informed of command responsibilities 
pertaining to AFDCB functions and actions.
    A-10. Public affairs.
    a. Due to the sensitive nature of the subject matter, there will 
not be a media release in connection with AFDCB meetings. However, 
any AFDCB 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 observers, and will not participate in 
matters considered by the AFDCB. Members of the news media may be 
invited to participate in an advisory status in coordination with 
the public affairs office.
    b. News media interviews and releases will be handled through 
the public affairs office according to applicable Service parts.
    A-11. Minutes.
    a. Minutes will be prepared in accordance with administrative 
formats for minutes of meetings prescribed by the Service of the 
sponsoring commander (Annex I). The written minutes of AFDCB 
meetings will constitute the official record of the AFDCB 
proceedings. 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 AFDCB's action will be shown in the order or sequence 
of actions taken. A change in the name of an establishment or areas 
in an off-limits restriction will also be included.
    b. Distribution of the minutes of AFDCB meetings will be limited 
to the following--
    (1) Each voting member, sponsoring command, and commands and 
installations represented 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. AFDCB minutes are subject to release and disclosure in 
accordance with applicable Service parts and directives.
    d. Minutes and recommendations of the board will be forwarded to 
the sponsoring commander for approval.

Annex A--Letter of Notification

(Letterhead)

(Appropriate AFDCB)

Proprietor
    Dear Sir: This letter is to inform you that it has come to the 
attention of the Armed Forces Disciplinary Control Board (AFDCB) 
that certain conditions reported at your establishment may adversely 
affect the (health, safety, or welfare) of members of the Armed 
Forces.
    The AFDCB is initiating action to determine whether your 
establishment (area) should be placed off-limits to members of the 
Armed Forces if (cite conditions) are not corrected by (date).
    A representative of the AFDCB will visit your establishment to 
determine if steps have been taken to correct the conditions 
outlined above.
 Sincerely,

John J. Smith
Colonel, U.S. Army, President, Armed Forces, Disciplinary Control 
Board.
(Note: Use certified mail, return receipt requested if mailed.)

Annex B--Letter of Appreciation

(Letterhead)

(Appropriate AFDCB)

Proprietor
    Dear Sir: This is in reference to my letter of (date) concerning 
the conditions(s) reported at your establishment which adversely 
affected the health and welfare of members of the Armed Forces.
    The Board appreciates your action(s) to correct the condition(s) 
previously noted and does not contemplate further action with 
respect to this specific matter.
    Your continued cooperation is solicited.
 Sincerely,

John J. Smith
Colonel, U.S. Army, President, Armed Forces Disciplinary Control 
Board.

Annex C--Letter of Invitation

(Letterhead)

Proprietor
    Dear Sir: This is in reference to my letter of (date) concerning 
the condition reported at your establishment which adversely affects 
the (health, safety, or welfare) of members of the Armed Forces. 
Information has been received by the board which indicates you have 
not taken adequate corrective action to eliminate the reported 
condition.
    Reports presented to the Armed Forces Disciplinary Control Board 
(AFDCB) indicate (list and describe conditions).
    You are advised that the AFDCB will initiate action to determine 
whether your establishment should be declared off-limits to members 
of the Armed Forces.
    You may appear in person, with or without counsel, before the 
AFDCB at its next scheduled meeting on (date, time, and place). At 
that time you will have the opportunity to refute the allegation(s), 
or to inform the board of any remedial action(s) you have taken or 
contemplate taking to correct the condition. It is requested that 
you inform the President, of the AFDCB if you plan to attend.
    Any questions regarding this matter may be addressed to the 
President, Armed Forces Disciplinary Control Board, (address). Every 
effort will be made to clarify the matter for you.
 Sincerely,

John J. Smith

Colonel, U.S. Army, President, Armed Forces, Disciplinary Control 
Board.
(Note: Send certified mail, return receipt requested if mailed.)

Annex D--AFDCB Off-Limits Approval Letter

(Letterhead)

Office Symbol

MEMORANDUM FOR (Commanders of Supported Installations)
SUBJECT: Establishments or Areas Recommended for Off-Limits 
Designation
    1. On (date), the Armed Forces Disciplinary Control Board 
(AFDCB) recommended imposition of the following off-limits 
restrictions: (name and address of establishment)
    2. Commanders furnishing AFDCB representatives are requested to 
provide any comments within 10 days as to whether (name of 
establishment or area) should be placed off-limits.
    3. A copy of the AFDCB minutes and recommendation is enclosed.

FOR THE (SPONSORING) COMMANDER:
 Sincerely,

John J. Smith
Colonel, U.S. Army, President, Armed Forces, Disciplinary Control 
Board.

Encl

Annex E--Letter of Declaration of Off-Limits

Proprietor
    Dear Sir: This letter is to inform you that your establishment 
has been declared off-limits to members of the Armed Forces 
effective (date). Members of the Armed Forces are prohibited from 
entering your establishment (premises) as long as this order is in 
effect. This action is being taken because of (state the conditions) 
which are detrimental to the (health or welfare) of members of the 
Armed Forces.
    This restriction will remain in effect indefinitely in 
accordance with established Armed Forces policy. Removal of the 
restriction will be considered by the Armed Forces Disciplinary 
Control Board upon presentation of information that satisfactory 
corrective action has been taken.
    Correspondence appealing this action may be submitted to the 
President, Armed Forces Disciplinary Control Board, (cite address).
 Sincerely,

John J. Smith
Colonel, U.S. Army, President, Armed Forces Disciplinary Control 
Board.

Annex F--AFDCB Letter of Notification of Continuance of Off-Limits 
Restrictions After Appearance before the AFDCB

(Letterhead)

Proprietor
    Dear Sir: The Armed Forces Disciplinary Control Board (AFDCB) 
did not favorably

[[Page 41648]]

consider your request for removal of the off-limits restriction now 
in effect at your establishment.
    This decision does not preclude further appeals or appearances 
before the AFDCB at any of its scheduled meetings. Correspondence 
pertaining to this matter should be addressed to the President, 
Armed Forces Disciplinary Control Board, (cite address).
 Sincerely,

John J. Smith
Colonel, U.S. Army, President, Armed Forces Disciplinary Control 
Board.

Annex G--AFDCB Letter of Removal of Off-Limits Restriction

(Letterhead)

Proprietor
    Dear Sir: This letter is to inform you that the off-limits 
restriction against (name of establishment) is removed effective 
(date). Members of the Armed Forces are permitted to patronize your 
establishment as of that date.
    The corrective actions taken in response to the concerns of the 
Armed Forces Disciplinary Control Board are appreciated.
 Sincerely,

John J. Smith
Colonel, U.S. Army, President, Armed Forces Disciplinary Control 
Board.

Annex H--AFDCB Notification of Removal of Off-Limits Restriction

(Letterhead)

Proprietor
    Dear Sir: This letter is to inform you that your request for 
removal of the off-limits restriction now in effect at (name of 
establishment) was favorably considered by the Armed Forces 
Disciplinary Control Board (AFDCB).
    This restriction will be removed effective (date). Members of 
the Armed Forces will be permitted to patronize your establishment 
as of that date.
    The corrective actions taken in response to the concerns of the 
AFDCB are appreciated.
 Sincerely,

John J. Smith
Colonel, U.S. Army, President, Armed Forces Disciplinary Control 
Board.

Annex I--Format for AFDCB Meeting Minutes

(Letterhead)

MEMORANDUM FOR

SUBJECT: Armed Forces Disciplinary Control Board
    1. Pursuant to authority contained in AR 190-24/AFI 31-213/ 
OPNAVINST 1620.2A/MCO 1620.2C/and COMDTINST 1620.1D, Armed Forces 
Disciplinary Control Boards and Off-Installation Liaison and 
Operations, the (area) Armed Forces Disciplinary Control Board 
convened at (place), (date)
    2. The following voting members were present: (List names, 
titles, and addresses.)
    3. The following military members were present: (List names, 
titles, and addresses.)
    4. The following civilian advisory members were present: (List 
names, titles, and addresses.)
    5. Order of business:
    a. Call to order.
    b. Welcome.
    c. Introduction of members and guests.
    d. Explanation of purpose of board.
    e. Reading of minutes.
    f. Unfinished or continuing business.
    g. New business (subparagraph as necessary).
    h. Recommendations.
    (1) List of areas and establishments being placed in an off-
limits restriction. Include complete name and address (or adequate 
description of an area) of any establishment listed.
    (2) List of areas and establishments being removed from off-
limits restrictions. Include complete name and address (or adequate 
description of an area) of any establishment listed.
    (3) Other matters or problems of mutual concern.
    i. Time, date, and place for next board meeting.
    j. Adjournment of the board.
(Board Recorder's Name)
(Rank, Branch of Service)
    Recorder, Armed Forces
    Disciplinary Control Board
Approved:
(Board President's Name)
(Rank, Branch of Service)
President, Armed Forces Disciplinary Control Board.
(Note: The minutes of the board proceedings will be forwarded by 
official correspondence from the board president to the sponsoring 
commander for approval of the board's recommendations. By return 
endorsement, the sponsoring commander will either approve or 
disapprove the board's recommendations.)

[FR Doc. 05-14213 Filed 7-19-05; 8:45 am]
BILLING CODE 3710-08-P