32 C.F.R. Subpart B—Armed Forces Disciplinary Control Boards
Title 32 - National Defense
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 §631.11. (b) Coast Guard commanders must have written authorization from the Commandant (G–WP) prior to establishing an AFDCB. (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. (a) Boards should be structured according to the needs of the command, with consideration given to including representatives from the following functional areas— (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. (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. 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. (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 (§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. (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).
Title 32: National Defense
PART 631—ARMED FORCES DISCIPLINARY CONTROL BOARDS AND OFF-INSTALLATION LIAISON AND OPERATIONS
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.
