(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. Depart

ment 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 § 630.4)

AR 27-50-Status of Forces Policies Procedures and Information (Cited in §630.19 and § 630.30)

AR 190-45-Military Police Law Enforcement Reporting (Cited in §630.7 and § 630.9) AR 190-47-The United States Army Correctional System (Cited in §630.22 and §630.25)

AR 630-10-Absence Without Leave, Desertion, and Administration of Personnel involved in Civilian Court Proceedings (Cited in § 630.8 and § 630.30) Manual for Court-martial, United States (Cited in § 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-AIRR)
AR 55-355-Defense Traffic Management Reg-

ulation

Prescribed Forms

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

Referenced Forms

DA Form 2804-Crime Records Data Reference

DA Form 3975-Military Police Report
DA Form 3997-Military Police Desk Ref-

erence

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

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 over

seas.

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.

This regulation applies to the following:

(a) Active US Armed Forces personnel wherever they are stationed. Commanders in oversea areas are authorized to deviate from the policy in this regulation if required by local conditions, treaties, agreements, and other arrangements with foreign governments and allied forces. Subparts C and D are not applicable to the US Navy.

(b) Reserve personnel only when they are performing Federal duties or engaging in any activity directly related to the performance of a Federal duty or function.

(c) National Guard personnel only when called or ordered to active duty in Federal status.

§631.3 Supervision.

(a) The following will jointly develop and have staff supervision over AFDCB policies and the conduct of off-installation military enforcement activities:

(1) The Deputy Chief of Staff for Personnel, Headquarters, Department of the Army.

(2) Chief of Naval Personnel (PERS 84).

(3) Commandant of the Marine Corps. (4) Chief of Security Police, Air Force Office of Security Police, Department of the Air Force.

(5) Commandant of the Coast Guard. (b) The above will also be responsible to standardize AFDCB policies and procedures as well as to coordinate and maintain liaison with interested staff agencies and other military and civil agencies.

8631.4 Exceptions.

Requests for exceptions to policies contained in this regulation will be forwarded to HQDA(DAPE-HRE-PO), WASH, DC 20310.

Subpart B-Armed Forces
Disciplinary Control Boards

8631.5 General.

(a) Armed Forces Disciplinary Control Boards (AFDCBs) may be established by installation, base, or station commanders. The mission of AFDCBS is as follows:

(1) Advise and make recommendations to commanders on matters concerning the elimination of crime or other conditions which may negatively affect the health, safety, morals, welfare, morale, or discipline of Armed Forces personnel.

(2) Insure the establishment and maintenance of the highest degree of liaison and coordination between military commands and appropriate civil authorities.

(b) Where installations of two or more military Services are located or which are frequented by personnel of two or more Services, there will be joint Service participation in any AFDCB. In such cases, the commander of the Service with the greatest number of troops will serve as the "sponsoring commander" of the board. When there is joint participation in AFDCBs, written agreements will be executed by the respective Service installation commanders. These agreements will designate the sponsoring commander and delineate the joint Service participation.

§631.6 Responsibilities.

(a) Major Army commanders, Navy commanders, Marine Corps commanders, Air Force commanders, and Coast Guard commanders will—

(1) Monitor the establishment of and participation in AFDCBs by subordi

nate commands.

(2) Encourage subordinate commanders to participate in joint Service boards where appropriate.

(3) Resolve differences among subordinate commanders in regard to board areas of responsibility and the designation of sponsoring commanders.

(4) Evaluate board recommendations and actions from subordinate sponsoring commanders.

(5) Forward to HQDA (DAPE-HRE), WASH, DC 20310, reports that require Service headquarters action to accomplish the following:

(i) Correct situations which would adversely affect the health, safety, morals, welfare, morale, or discipline of Armed Forces personnel.

(ii) Surface positive programs having widespread applicability.

(6) Insure procedures are established to notify the responsible individuals to

insure that off-limits restrictions are made known and applicable to all Armed Forces personnel who may frequent the area in question. These would be off-limits restrictions approved and so declared by subordinate sponsoring commanders.

(7) Insure that subordinate commanders assess the availability of drug abuse paraphernalia in the vicinity of DOD installations through their AFDCBS in accordance with DOD Directive 1010.4, Alcohol and Drug Abuse by DOD Personnel. Drug abuse paraphernalia is defined as all equipment, products, and materials of any kind that are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the Controlled Substances Act.

(b) In each AFDCB area, the commander of the installation with the largest base population will be designated the AFDCB sponsoring commanders. Sponsoring commanders will provide administrative support, as shown below, for the AFDCB programs. (1) Promulgate implementing directives and call meetings of the board.

(2) Provide a recorder for the board. (3) Provide copies of the minutes of the meetings of the board to

(i) Other Service commanders who provide board representatives. (ii) BUPERS (for Navy only).

(iii) Other AFDCBs as appropriate. (4) Approve or disapprove the minutes and recommendations of the board and make appropriate distribution, as required.

(5) Publish lists of "off-limits" establishments and areas.

(6) Insure notification to the responsible individuals of any unfavorable actions being contemplated or taken regarding their establishments in accordance with appendix B.

(7) Distribute all pertinent information to the following:

(i) All units within their jurisdictional area.

(ii) Units stationed in other areas whose personnel frequently visit their jurisdictional area.

(c) (For Army only). Commanders of Army installations depicted in Map 18, AR 5-9, are responsible for coordinating activities of AFDCB in their areas. They may serve as sponsoring commanders or participate as members of Joint Service Boards. They may approve the establishment of separate AFDCB for Army installations within their area when it is in the best interest of the Army to do so. Changes in AFDCB areas of responsibility may be approved by MACOMS of installations concerned.

(d) (For Army only). The Commander, US Army Health Services Command will

(1) Assure that subordinate commanders provide one of the following to sit as a member of each established board

(i) A Medical Corps officer.

(ii) A health and environment oriented Medical Service Corps (MSC) officer of the Army Medical Department (AMEDD).

Icluded in the written agreements establishing the boards.

(c) Normally the sponsoring commander will designate a member of his staff as the board President.

8631.8 Civil agencies.

(a) Civil agencies or individuals may be invited to board meetings as observers or witnesses in jurisdictions where they have knowledge of problems in the board's area of interest. These would be civil agencies or individuals concerned with law enforcement, public health, welfare, consumer affairs, and the safeguarding of morals.

(b) Boards should be used to establish and maintain liaison between installations and civil agencies. A recommended method is to mail announcements and summaries of the results of board meetings to appropriate civil agencies. These agencies include, but are not limited to, those found in appendix A.

§631.9 Duties and functions of boards. The AFDCBs will

(a) Meet in session as prescribed by the AFDCB Procedures Guide in appendix B.

(b) Receive and take appropriate action on reports of conditions in their jurisdictional areas relating to any of the following:

(1) Lack of discipline. (2) Prostitution.

(3) Venereal disease. (4) Liquor violations.

(5) Racial and other discriminatory practices.

(6) Alcohol and drug abuse.
(7) Drug abuse paraphernalia.
(8) Disorder.

(9) Illicit gambling.

(10) Unfair commercial or consumer practices.

(11) Other undesirable conditions that may adversely affect members of the military or their families.

(c) Report the following to all major commanders in the board's area of jurisdiction:

(1) Any conditions cited in paragraph (b) of this section.

(2) The board's recommended action as approved by the board's sponsoring commander.