[Code of Federal Regulations]
[Title 32, Volume 4]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR630.32]

[Page 17-19]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED)
 
PART 630--ABSENTEE DESERTER APPREHENSION PROGRAM AND SURRENDER OF MILITARY PERSONNEL TO CIVILIAN LAW ENFORCEMENT AGENCIES--Table of Contents
 
  Subpart G--Surrender of Military Members to Civilian Law Enforcement 
                                Officials
 
Sec. 630.32  Responsibilities.

    (a) In foreign countries, the authority of U.S. military personnel 
to apprehend, detain and deliver U.S. personal to civil authorities of 
foreign countries is governed by the provisions of international 
agreements. AR 27-50, and the laws of the host nation. The extent of the 
authority in a particular country is determined from directives 
published by the OCONUS MACOM Commander.
    (b) Chief, DAMO-ODL--(1) Coordinates approved requests for surrender 
of the soldier with the civilian law enforcement agency or prosecuting 
attorney's office requesting surrender of the soldier. Transportation 
costs of the soldier from the point of debarkation are the 
responsibility of the requesting agency.
    (2) Coordinates surrender of the soldier with the felony warrant or 
extradition division of the civilian law enforcement agency or Federal 
law enforcement agency at the point of debarkation.
    (3) Contacts the CONUS installation provost marshal with area of 
responsibility for assistance in the surrender of the soldier.

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    (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 to Part 630--Sample Military Detainer

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

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

                   Appendix A to Part 630--References

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

                          Required Publications

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

                          Related Publications

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

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

                            Prescribed Forms

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

                            Referenced Forms

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

                    Appendix B to Part 630--Glossary

                              Abbreviations

AAPS--Army Procurement Procedure Supplement
ARNG--Army National Guard
AWOL--absent without leave
BAS--basic allowance for substance
CG--commanding general

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CONUS--Continental United States
DCSPER--Deputy Chief of Staff for Personnel
DCSOPS--Deputy Chief of Staff for Operations and Plans
DFR--dropped from the rolls
DIS--Defense Investigative Service
DSN--Defense Systems Network
EMF--enlisted master file
FAR--Federal Acquisition Regulation
FAS--Federal Acquisition Supplement
FBI--Federal Bureau of Investigation
MAC--Military Airlift Command
MACOM--major Army command
NCIC--National Crime Information Center
NLETS--National Law Enforcement Telecommunication System
OCONUS--outside Continental United States
PCF--Personnel Control Facility
PERSCOM--U.S. Army Total Personnel Command
PERSINSCOM--U.S. Army Personnel Information Systems Command
RMC--return to military control
ROTC--Reserve Officer Training Course
TR--Transportation request
UCMJ--Uniform Code of Military Justice
USACIDC--U.S. Army Criminal Investigation Command
USACRC--U.S. Army Crime Records Center
USADIP--U.S. Army Deserter Information Point
USAEREC--U.S. Army Enlisted Records and Evaluation Center
USAR--U.S. Army Reserve

                                  Terms

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

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