[Code of Federal Regulations]
[Title 32, Volume 6]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR884.13]

[Page 205-206]
 
                        TITLE 32-NATIONAL DEFENSE
 
                CHAPTER VII--DEPARTMENT OF THE AIR FORCE
 
PART 884_DELIVERY OF PERSONNEL TO UNITED STATES CIVILIAN AUTHORITIES 
FOR TRIAL--Table of Contents
 
Sec. 884.13  Denials of a request for return of a member to the United 
States.

    (a) A request for return of a member to the United States for 
delivery to civilian authorities may be denied when:
    (1) The member's return would have an adverse impact on operational 
readiness or mission requirements.
    (2) An international agreement precludes the member's return.

[[Page 206]]

    (3) The member is the subject of foreign judicial proceedings, 
court-martial, or a DoD, Air Force, or other military department 
investigation.
    (4) The member showed satisfactory evidence of legal efforts to 
resist the request or other legitimate cause for noncompliance or when 
other unusual facts or circumstances warrant a denial.
    (b) Commanders promptly send to HQ AFLSA/JAJM information supporting 
a determination that denial may be appropriate. In cases warranting 
denial, TJAG promptly sends a recommendation and supporting 
documentation, through SAF/GC and SAF/MI, to USD/P&R for decision.
    (c) The fact that a recommendation for denial is pending does not by 
itself authorize noncompliance or a delay in compliance with any 
provision of this section, but TJAG may consider a pending request for 
denial in determining whether to grant a delay.