Section

[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: 32CFR631.21]

[Page 27-31]

TITLE 32--NATIONAL DEFENSE

CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED)

PART 631--ARMED FORCES DISCIPLINARY CONTROL BOARDS AND OFF-INSTALLATION MILITARY ENFORCEMENT SERVICES--Table of Contents

Subpart D--Joint Service Law Enforcement Operations (Not Applicable to
U.S. Navy)

Sec. 631.21 Joint law enforcement operations.

The following procedures will apply when establishing joint law
enforcement operations:
(a) Personnel. Enlisted personnel selected for joint law enforcement
duty should meet the following qualifications:
(1) Be temperamentally suited for police duty and received training
or have experience in law enforcement.
(2) Be 19 years of age or older.
(3) Have no record of court-martial convictions or civilian offenses
other than minor traffic violations.
(4) Be at least 5 feet 4 inches tall.
(5) Meet General Classification Test (GCT) (or equivalent test)
score requirements of the parent Service for assignment to police duty.
(6) Possess a military motor vehicle operators license.
(7) Have at least 12 months remaining on current enlistment.
(b) Logistics. Personnel assigned to joint patrols will be equipped
as prescribed by their respective Service regulations or directives to
include the symbol of their law enforcement authority (badge or
brassard).
(c) Functions. Joint law enforcement operations will perform, at a
minimum, the following functions:
(1) Provide assistance to all Armed Forces personnel who are charged
with civil violations.
(2) Maintain liaison with civilian enforcement and judicial
agencies.
(3) Have the capability to receive military personnel apprehended by
civilian authorities.
(d) Duty assignments. Personnel assigned to perform joint operations
may be further assigned to perform duties in any of the following
functional areas:
(1) Police station operation (desk sergeants, desk clerks, radio
operators, etc.).
(2) Motor patrols necessary to conduct police and court liaison and
to transport military personnel from the local civilian police.
(3) Operations.
(4) Administration.

Appendix A to Part 631--Civil Agencies

A-1. American Social Health Association.
The American Social Health Association, upon request, provides
information and consultation in the fields of venereal disease and drug
abuse. Local AFDCBs desiring information should apply through one of the
following regional offices of the association:

Eastern Regional Director, 86 Farmington Ave., Hartford, CT 06105
Middle America Regional Director, 110 North High Street, Gahanna, OH
43230
Southern Regional Director, 173 Walton Street, NW., Atlanta, GA 30303
Western Regional Director, 785 Market Street, Rm. 1010, San Francisco,
CA 94103

A-2. United States Brewers Association.
a. The United States Brewers Association is the trade and public
relations agency of the organized brewing industry in the United States.
Upon request, it will assist military authorities within CONUS to
eliminate conditions detrimental to the health, morals, and welfare of
members of the Armed Forces in the cities and communities adjacent to
military installations.
b. This association conducts an Armed Forces cooperation program to
further ``self-regulation'' activities among beer dealers. It cooperates
with State and local law enforcement officials in the promotion and
maintenance of proper conditions in retail beer outlets throughout the
country. Its services are available to AFDCBs for furthering joint
action in the promotion of law observance and the maintenance of
conditions of cleanliness and decency in retail beer outlets patronized
by members of the Armed Forces.
c. Local sponsoring commanders requesting the assistance of the
Brewers Association may apply to the Director of Field Services,

[[Page 28]]

US Brewers Association, Inc., 1750 K Street NW., Washington DC 20006.
A-3. The National Environmental Health Association.
The National Environmental Health Association is a professional
organization representing various sanitary and environmental control
groups. It provides information and consultation on solid waste
management, air and water pollution, and other environmental health
matters. Military members of the association belong to the Uniform
Services Association of Sanitarians. All requests for assistance should
be directed to the military association at the national association
headquarters, 1600 Pennsylvania Ave., Denver, Colorado 80293.
A-4. The Federal Trade Commission.
The Federal Trade Commission was established in 1914 and is the
principal agency of the Government responsible for preventing deceptive
acts and practices in commerce. The Commission strives to keep
competition fair and free from deceptive advertisement of food, drugs,
cosmetics, therapeutic devices, catalog sales, and credit card
purchases. It strives to protect consumers against the circulation of
inaccurate or obsolete credit reports. Consumer Protection Specialists
are located at the national and regional offices to render assistance.
Regional offices are located in major metropolitan areas and frequently
conduct investigations of acts peculiar to local communities. Inquiries
should be made to the regional offices.

Appendix B to Part 631--Armed Forces Disciplinary Control Board
Procedures Guide

B-1. General. This guide prescribes procedures for the
establishment, operation, and coordination of Armed Forces Disciplinary
Control Boards (AFDCBs). It is intended to insure uniformity of
operation. AFDCB proceedings are not considered to be adversary in
nature.
B-2. Meetings.
a. Regular meetings will be held once each quarter or as designated
by the president. The sponsoring commander may specify whether the
meetings, as scheduled, will be open or closed. If not specified, the
decision is within 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.
B-3. AFDCB composition.
a. Voting members will be selected according to paragraph 2-3 of
this regulation.
b. A majority of voting members constitutes a quorum for board
proceedings.
B-4. Attendance of observers or witnesses.
a. Representatives of the agencies listed below may be invited to
attend as observers or witnesses.
(1) American Social Health Association.
(2) United States Brewers Association.
(3) Federal Bureau of Investigation.
(4) United States Attorneys.
(5) State and local police.
(6) State and local departments of health.
(7) State and local VD control officers.
(8) State alcoholic beverage control authorities.
(9) State and local prosecutors.
(10) Consumer affairs personnel.
(11) State and local narcotics investigative agencies.
(12) Immigration and Naturalization Service.
(13) Members of Judiciary directly concerned with law enforcement.
(14) Drug Enforcement Administration.
(15) Bureau of Alcohol, Tobacco, and Firearms.
(16) US Customs Service.
(17) Chamber of Commerce.
(18) Better Business Bureau.
(19) State license beverage association.
(20) National Institute of Drug Abuse and National Institute on
Alcohol Abuse and Alcoholism.
(21) Adult probation department/social services.
(22) Any other representation deemed appropriate by the sponsoring
command, i.e., news media, union representatives, and so forth.
b. Witnesses and observers will be listed in the minutes of the
meeting if invited by the board to participate in that capacity.
c. Board action may be recommended by a majority vote of the voting
members present at a regular or special board meeting.
B-5. Appropriate areas for board consideration.
a. Boards will study and take appropriate action in connection with
all conditions detrimental to the good discipline, health, morals,
welfare, safety, and morale of Armed Forces personnel. This will
include, but not be limited to, the following:
(1) Crime and misconduct.
(2) Narcotics, marihuana, dangerous drugs, and drug abuse
paraphernalia.
(3) Liquor violations.
(4) Excessive number of unauthorized absences.
(5) Gambling (when in violation of State or local law).
(6) Military and civilian relationships that may be detrimental to
service personnel.
(7) Unsanitary and other adverse conditions in establishments
frequented by Armed Forces personnel.
(8) Off-installation/base safety problems.
(9) Unethical or illegal business practices.
(10) Prostitution and venereal disease.

[[Page 29]]

(11) Discriminatory practices.
(12) Other health hazards.
b. The board will immediately forward to the local commander
concerned the circumstances reported to the board involving
discrimination based on race, color, sex, religion, age, or national
origin.
B-6. Off-limits 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 the health, safety, welfare, morale, or morals of such personnel.
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 in order to produce the
desired corrective action.
b. Prior to initiating routine off-limits action, the local
commander will attempt to correct any situation which adversely affects
the welfare of Armed Forces personnel. This will be done through contact
with community leaders.
c. Unless emergency conditions exist which are extremely harmful to
Armed Forces personnel, an establishment will not be recommended for
off-limits action until the proprietor has been--
(1) Notified in writing of the adverse condition/circumstances.
(2) Given an opportunity to be heard and a reasonable time in which
to correct deficiencies.
d. 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 will
insure complete and documented information concerning doubtful adverse
conditions.
e. 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 and that, if such conditions or practices continue, off-limits
proceedings will be initiated. 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. The AFDCB should send letters to the proprietor,
informing him or her that off-limits action is being considered and
inviting him or her to the next board meeting. Boards should send
letters directly to the proprietors when any off-limits action is being
considered. If a proprietor takes remedial action to correct undesirable
conditions previously noted, the board should send a letter of
appreciation (annex B). Any correspondence with the individuals
responsible for adverse conditions leading to off-limits action will be
by certified mail.
f. If the undesirable conditions are not corrected, an invitation
(annex C) will be written to the proprietor. This letter will invite the
proprietor to appear before the board to explain why the establishment
should not be placed off-limits. The proprietor may designate, in
writing, individual(s) to represent him or her at the board.
g. In cases where proprietors have been invited to appear before the
board, the president of the board will perform the following actions:
(1) Prior to calling the proprietor--
(a) Review the findings and decision of the previous meeting.
(b) Call for inspection reports.
(c) Afford an opportunity to those present to ask questions and
discuss the case.
(2) When the proprietor and/or his or her counsel is called before
the board--
(a) Present the proprietor with a brief summary of the complaint
concerning his or her establishment.
(b) Afford the proprietor an opportunity to present matters in
defense of the allegation.
(c) Offer those present an opportunity to question the proprietor.
After the questioning period, provide the proprietor a final opportunity
to make an additional statement or to make commitments concerning his or
her willingness to cooperate.
(3) After excusing the proprietor from the meeting, the president
and board will discuss suggestions and recommendations for disposition
of the case in closed session.
h. No member of a board shall reprimand or admonish in any degree a
person appearing before a board. Board members do not have jurisdiction
over such individuals. Off-limits actions are designed solely for the
protection of Armed Forces personnel and are used as a last resort when
all other means have failed.
i. The board should recommend that the offending establishment be
placed off-limits only after the following:
(1) The letter of notification (annex A) has been sent.
(2) An opportunity to appear before the board has been extended.
(3) Further investigation indicates that improvements have not been
made.
j. The minutes will indicate a board's action in disposing of each
case. When a recommendation is made that an establishment be placed off-
limits, the minutes will show the procedural steps followed in reaching
the decision.

[[Page 30]]

k. Recommendations of the board will be submitted to the sponsoring
commander for consideration. The recommendations will then be forwarded
to the other installation commanders who furnish board representation
(annex D). If no objection to the recommendations is received within 10
days, the sponsoring commander will either approve or disapprove the
recommendations. He will then forward this decision to the board
president.
l. Upon approval of the board's recommendations, the president will
dispatch a declaration that the off-limits restriction has been imposed
(annex E).
m. No definite time limit should be specified when an off-limits
restriction is invoked. The adequacy of the corrective action taken by
the proprietor of the establishment must be the determining factor in
removing an off-limits restriction.
n. Military commanders have no authority to post off-limits signs on
private property. Appropriate civil officials may post private property
when informed by military authorities that an establishment or area has
been declared off-limits to Armed Forces personnel.
o. Emergency off-limits action: In emergencies, commanders may
temporarily declare establishments or areas off-limits to Armed Forces
personnel subject to their jurisdiction. They must then report the
circumstances immediately to the commander sponsoring the board.
Detailed justification for this emergency action will be provided to the
board for its use.
B-7. Removal of off-limits restrictions.
a. Removal of an off-limits restriction requires board action.
Proprietors of establishments declared off-limits should be advised that
they may appeal to the appropriate board at any time. In their appeal,
they should submit the reason why, in their opinion, the restriction
should be removed. A letter of notification of continuance of off-limits
restriction should be sent to the proprietor if the board does not
favorably consider removal of an off-limits restriction (annex F). If,
after exhausting all appeals at the board/local sponsoring commander
level, the proprietor is not satisfied with those decisions, his or her
case will be forwarded to the next higher commander of the sponsoring
commander for review and resolution. Boards should make at least
quarterly inspections of off-limits establishments. A statement that an
inspection has been made should be reflected in their minutes.
b. When it has been determined that adequate corrective measures
have been taken by the owner or manager of an establishment or area to
meet the requirements for good discipline, health and welfare of Armed
Forces personnel, the appropriate board will take the following actions:
(1) Discuss the matter at the next meeting and make an appropriate
recommendation.
(2) Forward recommendation for removal of off-limits restriction to
the sponsoring commander. If the recommendation is approved, dispatch a
letter of removal of off-limits (annex G or H).
(3) Record what action was taken in the minutes of the board
meeting.
B-8. Duties of the president of the board.
The president of the board will--
a. Schedule and preside at all meetings of the board and sign
appropriate correspondence.
b. Prepare an agenda prior to each regular meeting and insure its
distribution to each voting member at least 7 days prior to the meeting.
c. Be responsible for the preparation and distribution of the
minutes of all meetings and for maintenance of appropriate records and
files pertaining to AFDCB activities. (See para. 2-6e.)
d. Inform members of any special meeting and its purpose as far in
advance as possible.
e. Prepare and distribute to major commands a copy of the minutes of
each meeting.
f. Supervise the recorder in performance of all administrative
duties as required.
B-9. Minutes.
a. Annex I is a guide for the preparation of the minutes of board
meetings. Minutes will be prepared in accordance with administrative
formats for minutes of meetings prescribed by the Service of the
sponsoring commander. The written minutes of board meetings will be
deemed the official record of board meetings. 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 board's action will be shown in order of
sequence, such as dispatch of letter of notification, appearance before
board, recommendation to local sponsoring commander, or action taken by
local sponsoring commander. Change in the name of an establishment or
areas in an off-limits status will also be included.
b. Distribution of the minutes of board meetings will be limited to
the following:
(1) Each voting member, sponsoring command and other commands, and
installations represented on or serviced 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. The minutes of the board meeting, containing the board's
recommendations, will be forwarded in writing to the sponsoring
commander. The minutes will be accompanied by

[[Page 31]]

a request that the recommendations be approved for implementation. The
sponsoring commander will, by written indorsement to the president of
the board, approve or disapprove the minutes and recommendations.
d. Board minutes are subject to the release and disclosure
provisions of DOD Directive 5400.7 and implementing Service regulations.
B-10. Installation commander and board relationship.
Military installation commanders within a board's areas of
responsibility must be thoroughly acquainted with the mission and
services provided by AFDCBs. Board members should keep their respective
commanders informed of command responsibility pertaining to board
functions and actions.
B-11. Public affairs.
a. Because of the sensitive nature of subject matter discussed, no
public announcement will be initiated in connection with board meetings.
However, any board 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 as observers and will not participate in the
discussion of matter considered by the board. Members of the news media
may be invited to participate in an advisory status in coordination with
the Public Affairs Officer.
b. News media interviews and releases will be handled through the
Public Affairs Offices in accordance with this regulation and AR 360-5.

Annex A--Letter of Notification

(Letterhead)

(Appropriate AFDCB)

Proprietor
--______________________________________________________________________
--______________________________________________________________________
--______________________________________________________________________
Dear Sir: As President of the Armed Forces Disciplinary Control
Board, it is my duty to inform you of certain undesirable conditions
reported at your establishment which adversely affect the health and
welfare of personnel in the Armed Forces. It has come to the attention
of the board that (cite pertinent information). You are advised that it
will be necessary for this board to initiate action to determine whether
your establishment should be placed off-limits to personnel of the Armed
Forces if the above cited undesirable condition(s) is (are) not
eliminated. (Include if applicable). Within (cite period), a
representative of this board will visit your establishment in order to
determine if steps have been taken to correct the conditions outlined
above.
Sincerely,
------------,
President, AFDCB.
(Note: When sent by mail, send letter by CERTIFIED MAIL, RETURN
RECEIPT REQUESTED.)

Annex B--Letter of Appreciation

(Letterhead)

(Appropriate AFDCB)

Proprietor
--______________________________________________________________________
--______________________________________________________________________
--______________________________________________________________________
Dear Sir:
Reference is made to my letter dated -------- concerning certain
undesirable conditions reported at your establishment which adversely
affect the health and welfare of personnel in the Armed Forces.
The board appreciates your action in correcting the deficiencies
previously noted. In view of this fact, the board contemplates no
further action with respect to this matter at the present time.
The board hopes that you will continue to operate your establishment
in the manner which will benefit the health and welfare of Service
personnel. Your continued cooperation is solicited.
Sincerely,
------------,
President, AFDCB.

Annex C--Letter of Invitation

(Letterhead)

(Appropriate AFDCB)