[Federal Register: October 19, 2005 (Volume 70, Number 201)]
[Rules and Regulations]
[Page 60728-60735]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19oc05-4]
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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: Final rule.
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SUMMARY: The Department of the Army is publishing a revision to our
rule concerning armed forces disciplinary control boards and off-
installation liaison and operations. The regulation prescribes uniform
policies and procedures for the establishment, and operation of Armed
Forces Disciplinary Control Boards, and off-installation liaison and
operations.
DATES: Effective Date: November 18, 2005.
ADDRESSES: 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:
A. Background
This part 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.
The Department of the Army did not receive any responses from potential
commentors.
B. Regulatory Flexibility Act
The Department of the Army has determined that the Regulatory
Flexibility Act does not apply because the final 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 final 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 final 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 final 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 final 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 final rule is not a
significant regulatory action. As such, this 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 final rule does 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 final 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,
[[Page 60729]]
Privacy, Safety, Uniform Code of Military Justice.
0
For reasons stated in the preamble the Department of the Army revises
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 Army policy.
631.15 Air Force policy.
631.16 Navy policy.
631.17 Marine Corps policy.
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.
(a) 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.
(b) U.S. Air Force Director of Security Forces and Force
Protection, Department of the Air Force.
(c) Director, Naval Criminal Investigative Service.
(d) Commandant of the Marine Corps.
(e) Commandant of the Coast Guard.
(f) Installation commanders are authorized to convene joint service
boards within their Army Regulation (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.
(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 of appendix A of this part.
(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--
[[Page 60730]]
(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 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).
[[Page 60731]]
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 subpart 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.
(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.
[[Page 60732]]
(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--
(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 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.
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.
[[Page 60733]]
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 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.)
[[Page 60734]]
Annex B--Letter of Appreciation
(Letterhead)
(Appropriate AFDCB)
Proprietor
Dear Sir:
This is in reference to my letter of (date) concerning the
condition(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:
Encl
Sincerely,
John J. Smith,
Colonel, U.S. Army, President, Armed Forces Disciplinary Control
Board.
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 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
[[Page 60735]]
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. 05-20903 Filed 10-18-05; 8:45 am]
BILLING CODE 3710-08-P