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Ar 195-2 - Criminal Investigation Activities

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The key takeaways are that this regulation covers Department of Army policy on criminal investigation activities and delineates responsibilities between Military Police and US Army Criminal Investigation Command. It also defines several terms related to criminal investigations.

This regulation covers Department of the Army policy on criminal investigation activities, including the utilization, control, and investigative responsibilities of all personnel assigned to CID elements. It also delineates responsibility and authority between Military Police (MP) and The United States Army Criminal Investigation Command (USACIDC).

This regulation applies to the Active Army and the U.S. Army Reserve (USAR). It applies to the Army National Guard (ARNG) when in active Federal service.

Army Regulation 195–2

Criminal Investigation

Criminal
Investigation
Activities

Headquarters
Department of the Army
Washington, DC
30 October 1985

Unclassified
SUMMARY of CHANGE
AR 195–2
Criminal Investigation Activities
Headquarters *Army Regulation 195–2
Department of the Army
Washington, DC
30 October 1985 Effective 30 October 1985

Criminal Investigation

Criminal Investigation Activities

made to highlight changes from the earlier Supplementation. Supplementation of this


regulation dated 6 May 1977. regulation and establishment of forms other
Summary. This regulation covers Depart- than DA Forms are prohibited without prior
ment of the Army policy on criminal investi- approval from the Commander, United States
gation activities, including the utililzation, Army Criminal Investigation Command,
control, and investigative responsibilities of ATTN: CIPP–PD, 5611 Columbia Pike, Falls
all personnel assigned to CID elements. It Church, VA 22041–5015.
also delineates responsibility and authority Interim changes. Interim changes to this
between Military Police (MP) and The regulation are not official unless they are au-
United States Army Criminal Investigation thenticated by The Adjutant General. Users
Command (USACIDC). will destroy interim changes on their expira-
Applicability. This regulation applies to the tion date unless sooner superseded or re-
Active Army and the U.S. Army Reserve scinded.
(USAR). It applies to the Army National Suggested Improvements. The propo-
Guard (ARNG) when in active Federal serv- nent agency for this regulation is the Office
ice. of the Deputy Chief of Staff for Personnel.
Proponent and exception authority. Users are invited to send comments and sug-
Not applicable gested improvements on DA Form 2028
History. This UPDATE printing publishes a
(Recommended Changes to Publications and
revision which is effective 30 October 1985. Impact on New Manning System. This
Blank Forms) directly to HQDA
Because the structure of the entire revised text regulation does not contain information that
(DAPE–HRE–PO), Washington, DC 20310.
has been reorganized, no attempt has been affects the New Manning System.
Distribution. Active Army, A; USAR, A;
Army management control process. ARNG, D.

Contents (Listed by paragraph and page number) Agreements between the USACIDC and provost marshals or
security elements • 3–5, page 4
Chapter 1 Referral of investigations • 3–6, page 4
General, page 1 Army Alcohol and Drug Abuse Prevention and Control Program
Purpose • 1–1, page 1 (ADAPCP) • 3–7, page 4
References • 1–2, page 1 Self-admitted homosexuality • 3–8, page 4
Explanation of abbreviations and terms • 1–3, page 1 Customs and postal matters • 3–9, page 4
Responsibilities • 1–4, page 1
Investigative policies • 1–5, page 1 Section II
Crime Prevention Surveys and Protective Services, page 4
Chapter 2 Crime prevention surveys • 3–10, page 4
USACIDC Organization, page 3 Protective services • 3–11, page 4
General • 2–1, page 3
CID support to the Army in the field • 2–2, page 3 Section III
Operational Considerations, page 5
Chapter 3 Freedom of movement • 3–12, page 5
Criminal Investigation Activities, page 3 Crime scenes • 3–13, page 5
Coordination • 3–14, page 5
Access to Army facilities and records • 3–15, page 5
Section I
Security clearances and special background investigations • 3–16,
General, page 3
page 5
Investigative authority of the Army • 3–1, page 3
CID use of the National Crime Information Center (NCIC) • 3–17,
USACIDC investigative responsibility • 3–2, page 3
page 5
Investigative responsibility of the USACIDC and military police
Warning of rights • 3–18, page 6
• 3–3, page 3
Assumption of investigative responsibility by the USACIDC • 3–4, Section IV
page 4 CID Special Agents, page 6

* This regulation supersedes AR 195–2, 6 May 1977; and rescinds DA Form 2800, January 1976, and DA Form 4733 (Test), November 1978.

AR 195–2 • 30 October 1985 i

Unclassified
Contents—Continued

General • 3–19, page 6


Utilization • 3–20, page 6
Authority to apprehend or detain • 3–21, page 6
Authority to search and seize • 3–22, page 6
Authority to administer oaths • 3–23, page 6
Firearms • 3–24, page 6
Civilian clothing • 3–25, page 6
Billets and messes • 3–26, page 6
Disclosure of grade • 3–27, page 7
Retention and use of investigative property • 3–28, page 7
Standards of conduct • 3–29, page 7

Section V
USACIDC Drug Suppression Operations in Foreign Countries,
page 7
Purpose • 3–30, page 7
Definitions • 3–31, page 7
Policy considerations • 3–32, page 7
Approvals and coordinations • 3–33, page 8

Chapter 4
Investigative Records, Files, and Reports, page 8
Policy • 4–1, page 8
Preparation and maintenance • 4–2, page 8
Release and use of information • 4–3, page 8
Individual requests for access to or amendment of CID reports of
investigation • 4–4, page 9

Chapter 5
Crime Records Center, USACIDC, page 9
General • 5–1, page 9
Functions • 5–2, page 10
Routine investigative name checks • 5–3, page 10
Immediate name checks • 5–4, page 10
Requesting Crime Records Center files and reports • 5–5, page 10
Use of information contained in CID and MP reports • 5–6,
page 10

Chapter 6
U.S. Army Criminal Investigation Laboratories, page 11
General • 6–1, page 11
Responsibilities • 6–2, page 11
Request for examination • 6–3, page 11
Court appearance • 6–4, page 11
On scene assistance • 6–5, page 11

Appendixes
A. References, page 12
B. Offenses within CID Investigative Responsibility, page 13
C. Preparation of DA Report of Investigation, page 14
E. Preparation of the DA Form 2804, Crime Records Data
Reference, page 14
F. Telephone Name Check Format, page 16
G. Sensitive Items, page 17

Glossary

ii AR 195–2 • 30 October 1985


Chapter 1 DA Form 4833, Commander’s Report of Disciplinary or Adminis-
General trative Action), to the USACIDC element preparing the ROI, indi-
cating the judicial, nonjudicial, or administrative action, or lack
1–1. Purpose thereof, taken against persons listed in the title block of the final
This regulation— ROI who are under their supervision or command. Changes to
a. Prescribes Department of the Army policy on criminal investi- judicial, nonjudicial, or administrative action resulting from subse-
gation activities, including the utilization, control, and investigative quent appellate action will also be reported by commanders and
authority and responsibilities of all personnel assigned to criminal supervisors to the USACIDC. The report of action taken is neces-
investigation (CID) elements. sasry to ensure completion of investigative files and to protect the
b. Constitutes the basic authority for the conduct of criminal rights of individuals involved.
investigations, crime prevention surveys, protective service mis- (b) Notify all persons listed in the title block, who have no action
sions, and the collection, retention, and dissemination of criminal taken against them, that their name will remain in the title block of
information. the report and that the report will be indexed, and, therefore, retriev-
c. Delineates responsibility and authority between military police able by their name. Individuals will also be informed of the pur-
and the U.S. Army Criminal Investigation Command (USACIDC). poses for which the reports are used (e.g., other criminal
investigations, security clearances, other purposes as authorized by
1–2. References the Privacy Act and AR 340–21) and the fact that such use may
Required and related publications are listed in appendix A. have an impact upon their military or civilian careers. Individuals
will be informed also that the removal of their name from the title
1–3. Explanation of abbreviations and terms block or other amendment of the report may be accomplished only
Abbreviations and special terms used in this regulation are ex- by submitting a written request to the Director, U.S. Army Crime
plained in the glossary. Records Center, 2301 Chesapeake Ave, Baltimore, MD
21222–4099. Requests for amendment will be considered only as set
1–4. Responsibilities forth in paragraph 4–4.
a. The Commanding General, USACIDC, will— (2) Commanders or supervisors of activities, facilities, units, or
installations who have received a crime prevention survey by the
(1) Establish policies for the release of information from, and the
USACIDC will furnish a report of corrective action taken or a
amendment of, criminal investigation records and reports of
statement that no corrective action was taken as a result of the
investigations. survey. This report of corrective action must be forwarded by the
(2) Evaluate Army law enforcement polygraph program activities commanders or supervisors through local command channels to the
and provide membership on DOD polygraph committees. commander two levels above the activity, unit, facility, or installa-
(3) Maintain overall responsibility for Army investigations of of- tion surveyed within 90 days of the date of the survey, but in no
fenses involving “controlled substances” as defined in 21 U.S.C. case will reports be forwarded above MACOM level. An informa-
812. tion copy of the corrective actions will be provided the appropriate
(4) Plan for and provide CID support for each contingency plan USACIDC field element within 90 days of the date of the survey. A
maintained by HQDA and its subordinate commands. Plans for report of corrective action is not required for crime prevention
criminal investigative support will be coordinated with the com- survey when—
mander responsible for the overall contingency plan. (a) Requested by the commanders or supervisors of activities,
b. The Commanding General, U.S. Army Training and Doctrinal facilities, units, or installations.
Command (TRADOC) is responsible for the formal training of (b) Conducted in support of a crime prevention program.
USACIDC personnel at TRADOC schools as necessary to meet the (c) Crime conducive conditions are not identified.
requirements of USACIDC.
c. The Commanding General, U.S. Army Materiel Command 1–5. Investigative policies
(AMC) is responsible for the formal training of USACIDC person- a. The USACIDC is the sole agency within the United States
nel at AMC schools as necessary to meet the requirements of Army responsible for the investigation of felonies, except as other-
USACIDC. wise prescribed in this regulation and AR 190–30. USACIDC direc-
d. Within their respective areas of responsibilities, major Army tives and policies as they relate to criminal investigation activities
commanders and subordinate commanders will support the Army will be followed by all CID personnel and elements throughout the
CID program by providing facilities and support required by the United States Army.
USACIDC mission and authorized by applicable regulations or b. Offenses will be reported as follows:
memoranda of understanding to assist the USACIDC in meeting the (1) Commanders will ensure that criminal incidents or allegations
criminal investigative, crime prevention, and protective service re- in the Army affecting or involving persons subject to the Uniform
quirements of subordinate commands, installations, and other sup- Code of Military Justice, civilian employees of the Department of
Defense if related to their assigned duties or position, government
ported Army activities.
property under Army jurisdiction, or those incidents occurring in
e. CID elements at all levels will provide statistical data to sup- areas under Army control are reported to military police or security
ported commands relative to the number and types of serious crimes police in accordance with AR 210–10, paragraph 2–19. Information
and incidents investigated, subjects identified, value of property indicating a violation of AR 600–50 or the Federal Acquisition
stolen or recovered, and other information reflecting the status of Regulation (FAR) that develops into possible criminal activity will
discipline, law, and order necessary for the completion of reports also be reported to the military police or security police.
required by HQDA (e.g., DA Form 2819, Law Enforcement and (2) Barracks larcenies of property of a value of less than $1,000
Discipline Report). Statistical data necessary to support locally es- and simple assaults occurring in unit areas and not resulting in
tablished reports may be provided within the administrative and hospitalization will be reported to law enforcement activities for
record keeping capabilities of the supporting CID element. statistical and crime reporting purposes, but a law enforcement in-
f. Commanders or supervisors receiving CID reports for action vestigation is not required. Unit commanders will take appropriate
will take the following actions: action on these incidents. A law enforcement investigation will
(1) Commanders or supervisors receiving action copies of final normally be conducted only when it is considered necessary by the
CID Reports of Investigation (ROI) pertaining to a member of their provost marshal or security officer; commander, CID element; or
organization are required to— when requested by a field grade commander in the chain of com-
(a) Reply within 60 days through local command channels (using mand of the unit concerned. Nothing in this regulation will be

AR 195–2 • 30 October 1985 1


construed to allow the withholding of medical treatment to avoid as known or suspected sabotage, when immediate evaluation of a
MP or CID involvement. crime scene is of paramount importance, the USACIDC should take
c. Military police and security police will promptly refer all the investigative lead.
crimes or incidents falling within CID investigative responsibility to j. The receiving USACIDC element will refer information related
the appropriate CID element for investigation. Initially, notification to systemic weaknesses or managerial deficiencies not of a criminal
will normally be accomplished by direct contact between the mili- nature to the appropriate Inspector General office, in accordance
tary police or security police desk sergeant and the supporting CID with AR 20–1, appendix D.
unit. Formal referral will be by DA Form 3975, Military Police k. Criminal information will be handled as follows:
Report. This form will also be used by the USACIDC to report (1) The USACIDC has primary responsibility to operate a crimi-
acceptance or declination of the investigation. nal information program. The program will be designed to obtain,
d. Commanders of installations or activities without assigned mil- record, process, and disseminate information concerning criminal
itary police or security police will report criminal incidents or alle- activities directed against, involving, or affecting U.S. Army opera-
gations to the supporting USACIDC element or the supporting tions, material or personnel. The program will also develop, analyze,
military police or security police as appropriate. and report on the methods of operations used in criminal activities
e. The USACIDC will determine appropriate investigative action and assess the vulnerability of Army activities to crime. The focus
in accordance with this regulation for all criminal incidents or alle- of the criminal information program will be the detection, analysis,
gations reported to it or developed through its own sources. Neces- and prevention of criminal activity affecting the Army. Information
sary reports will be prepared reflecting the results thereof. gathered may be factual, fragmentary, or unsubstantiated.
f. The USACIDC element receiving reports of criminal incidents (2) The USACIDC criminal investigation information gathering
or allegations from other than military police or security police will activities are not “counter-intelligence related” and are excluded
notify the appropriate provost marshal or security officer of the from the provisions of AR 380–13. AR 380–13 restrictions are
incident, unless such notification will compromise the investigation. applicable to any information acquired through criminal investiga-
(See para 3–14.) tions or criminal investigation activities which is not related to law
g. Title 28, U.S.C., Section 535, requires that any information, enforcement or crime prevention. Criminal information files will be
allegation, or complaint relating to violations of title 18, U.S. Code, maintained and reviewed in accordance with AR 380–18.
involving Government officials and employees will be reported ex- Safeguards will be established to preclude unauthorized release of
peditiously to the Department of Justice, unless the responsibility to information.
investigate the matter is conferred upon the DOD (e.g., an offense (3) CID units will ensure that within their area of responsibility
under the Uniform Code of Military Justice (UCMJ)) or as other- there is close coordination and mutual exchange of criminal infor-
wise provided by law or agreement with the Attorney General (e.g., mation between their unit and other military and civilian law en-
the DOD/DOJ Memorandum of Understanding). forcement agencies on matters of common interest. Source
(1) For violations in the United States, the normal method of confidentiality will be maintained.
referral and consultation with the appropriate Department Of Justice (4) In no case will criminal information be restricted to CID
agency (e.g., FBI, U.S. Attorney) on all such violations involving channels when that information provides strong indications that an
either military or civilian personnel established pursuant to AR offense is imminent and the commission of that offense will affect
27–10, chapter 2, will suffice and should be used. the safety or security of U.S. Army operations, personnel or materi-
(2) In the case of overseas violations or loss or injury to the al. Release will be made only to the extent necessary to prevent the
United States that affect Armed Forces activities, and which involve commission of the offense.
any civilian as a suspect or subject, whether or not such person is a (5) Information concerning criminal activity of interest to U.S.
DOD employee (e.g., a defense contractor), a full report on the Government agencies other than the Department of Defense and
nature and apparent scope of the violation, loss, or injury will be other law enforcement agencies will be reported to the appropriate
provided through USACIDC channels. Headquarters, USACIDC, agency. In overseas areas where representatives of other Federal
will notify DOJ through DAJA–LT as appropriate. A prompt initial investigative agencies are not present, information of interest to
notification should be submitted through USACIDC channels in all those agencies will be forwarded to the Commander, USACIDC,
instances involving bribery or conflict of interest and in those in- ATTN: CIOP–ZA, 5611 Columbia Pike, Falls Church, VA
stances of fraud, theft, and unlawful destruction of Government 22041–5015 for appropriate dissemination. All releases of informa-
property when the loss to the United States exceeds or is expected tion under this provision will be in accordance with AR 340–21.
to exceed $1,000. (6) Criminal information about an individual may be dissemi-
h. Information concerning purely political activities and personal- nated outside law enforcement channels only to those persons whose
ities, or disorders in which no crime is indicated or suspected will official duties create a definite and identifiable need for them to
not be collected, recorded or reported by the USACIDC. have access. Dissemination will be made to the minimum number of
i. Continuous criminal investigation-military intelligence liaison persons possible. All releases of information under this provision
will be maintained. Information concerning an offense or incident will be in accordance with AR 340–21.
involving any person having access to classified defense information l. The contents of Army investigative files will be restricted to
will be expeditiously provided to the proper military intelligence information that is necessary and relevant to authorized criminal
(MI) representative. Similarly, in accordance with AR 381–10 and investigation and law enforcement information gathering activities.
AR 381–20, MI components are obliged to expeditiously report m. Collateral reports of investigations (transmitting reports of
criminal information to the appropriate military law enforcement criminal investigations received from civilian agencies) pertaining to
authority. Certain intelligence-related crimes such as actual or al- offenses within USACIDC’s normal investigative responsibility will
leged espionage, treason, or sedition may present situations where be forwarded by provost marshals or security officers in accordance
MI and CID have concurrent investigative jurisdiction. The primary with AR 190–45 to the U.S. Army Crime Records Center. An
responsibility of MI is to investigate such incidents for intelligence information copy of the DA Form 3975, with the civilian police
and security-related purposes. CID shares the responsibility to inves- report as an enclosure, will be provided to the supporting CID
tigate the incident for the purpose of reporting crime within Army element to ensure the receipt of criminal information. When the
investigative jurisdiction. The lead agency concept will be em- overall interests of the Army would be best served, the USACIDC
ployed, based on coordination with the proper MI component, to may assume collateral reporting responsibility for any particular off-
determine the agency to undertake primary investigative responsibil- post investigation by notifying the appropriate provost marshal or
ity. Generally, MI will take the investigative lead to first exhaust all security officer.
intelligence or security dimensions of an incident before investiga- n. All requests for USACIDC elements to become involved in
tion for possible criminal prosecution is initiated. In situations such missions or tasks not enumerated in AR 10–23 or this regulation

2 AR 195–2 • 30 October 1985


will be referred to the Commanding General, USACIDC, ATTN: the Memorandum of Understanding between the Department of De-
CIOP–ZA. fense and the Department of Justice relating to the investigation and
prosecution of certain crimes). Generally, an Army interest exists
when one or more of the following apply:
(1) The crime is committed on a military installation or facility.
Chapter 2 (2) There is a reasonable basis to believe that a suspect may be
USACIDC Organization subject to the UCMJ.
(3) There is a reasonable basis to believe that a suspect may be a
2–1. General civilian employee of DOD who has committed an offense in con-
a. The USACIDC is a major Army command of the Department nection with his or her assigned duties.
of the Army. (See AR 10–5 and AR 10–23.) It is composed of a (4) The Army is the victim of the crime; e.g., the offense in-
command headquarters, forensic laboratories, the U.S. Army Crime volves the loss or destruction of government property or allegations
Records Center, the U.S. Army Protective Services Activity, and of fraud (as defined in DOD instructions concerning the criminal
worldwide field investigative units. investigation of fraud offenses) relating to Army programs or
b. In non-tactical situations, each USACIDC unit is normally a personnel.
tenant activity at an Army installation, providing investigative sup- (5) There is a need to protect personnel, property, or activities on
port to the installation commander as well as to the commanders of Army installations from criminal conduct on military installations
all other Army elements located within a USACIDC specified that has a direct adverse effect on the Army’s ability to accomplish
geographic area of responsibility. The commander or special agent- its mission; e.g., the introduction of controlled substances onto
in-charge at each unit provides advice and guidance on all CID Army installations.
matters to supported commanders and provost marshals or security
officers. 3–2. USACIDC investigative responsibility
a. Inside CONUS, Alaska, and Hawaii, the USACIDC will nor-
2–2. CID support to the Army in the field mally exercise investigative responsibility for those offenses listed
a. During tactical operations and field exercises and in active in appendix B and which are within the Army’s investigative au-
theaters of operation, the Commanding General, USACIDC, will thority. However, when Federal, State, or local civil law enforce-
provide CID support to tactical units and their supporting elements ment authorities have concurrent jurisdiction, investigative
under one of the following options: responsibility will be determined in coordination with that authority.
(1) General support. CID support is provided to the supported When concurrent jurisdiction or authority to investigate exists and
force in a given geographic area by CID elements under command neither the Army nor the civil authorities accede to the other’s
and control of a USACIDC headquarters. primary responsibility to investigate, both may pursue the investiga-
(2) Direct support. CID support is provided by a USACIDC tion in fulfillment of their respective interests, with neither impeding
element on a dedicated support basis to the supported organization, the other.
although the CID element is neither attached to nor under the com- b. Outside CONUS, the USACIDC will normally have investiga-
mand or control of the supported organization. tive responsibility for those offenses listed in appendix B which are
(3) Attachment. USACIDC elements are temporarily placed also within the Army’s investigative authority, and when investiga-
under the command and control of the supported commander. Reas- tion would not be prohibited by status of forces agreements or other
signment, promotion, and accreditation responsibilities are retained host country laws. In the absence of any agreement, the USACIDC
by the USACIDC. will investigate offenses after coordination with appropriate host
country authorities.
b. The selection of the method of support will be coordinated
between the appropriate USACIDC headquarters and the headquar- 3–3. Investigative responsibility of the USACIDC and
ters planning for the contingency or operation. Final approval con- military police
cerning the attachment of USACIDC elements rests with the a. The USACIDC is responsible for investigating those Army-
Commanding General, USACIDC. The commander of the supported related felonies (offenses punishable by death or confinement for
tactical force will provide necessary logistical and administrative more than 1 year) listed in appendix B. Exceptions to this general
support to CID elements when attached or in direct support. policy are described in paragraphs a(1) through (10) below and 3–4.
c. Regardless of the support option selected, criminal investiga- (1) Property-related offenses. The USACIDC is responsible for
tions will be conducted, prepared, administered, reported, and dis- investigating property-related offenses when the value of the prop-
tributed in accordance with AR 10–23, AR 195–1, appropriate erty taken, destroyed, or damage inflicted is $1,000 or more (except
provisions of this regulation, and applicable USACIDC regulations as listed in app B) or when the property is of a sensitive nature (app
and directives. G). A preliminary investigation by the USACIDC is also required
for purposes of determining criminal intent in the case of lost sensi-
tive arms, ammunition, and explosives when the quantities involved
meet the thresholds in AR 190–11, appendix A. (See AR 190–11,
Chapter 3 para 7–20,a(1)(b)). Military police are responsible for investigating
Criminal Investigation Activities property-related offenses when the value is less than $1,000. When
requested by a supported commander, the USACIDC may investi-
Section I gate property crimes of lesser value, such as a series of minor
General larcenies which appears to be the work of an organized group.
(2) Drug offenses. The USACIDC has overall responsibility for
3–1. Investigative authority of the Army offenses involving controlled substances. Use and possession of
a. Investigative authority refers to matters concerning which the non-narcotic controlled substances in amounts indicative only of
Army has the legal authority (jurisdiction) to conduct a criminal personal use are normally investigated by military police, whereas
investigation. Investigative responsibility refers to those matters the USACIDC investigates use, possession, manufacture, or distri-
within the Army’s overall investigative authority which the bution of controlled substances classified as narcotics, and the distri-
USACIDC has responsibility to ensure are properly investigated. bution of non-narcotic controlled substances. When appropriate, the
b. The Army has investigative authority whenever an Army inter- investigation by a joint CID/MP team of all drug offenses on an
est exists and investigative authority has not been specifically re- installation is recommended. This can be accomplished with the
served to another agency (see para 3–6 below; AR 20–1,app D; and primary investigative and reporting procedures of the military police

AR 195–2 • 30 October 1985 3


and CID remaining unchanged. This approach fosters better coor- 3–6. Referral of investigations
dination and is encouraged when deemed in the best interest of the For some criminal offenses within USACIDC investigative responsi-
overall drug suppression effort. bility, another agency may have primary responsibility to investi-
(3) Misdemeanors. The USACIDC retains investigative responsi- gate. In such cases, the other agency will be promptly informed of
bility for a limited number of misdemeanors due to the complex the allegation and, if the other agency assumes the responsibility to
nature of the investigation required. Such offenses are reflected in investigate the case, it will be referred to that agency. The
appendix B. USACIDC will submit a report of investigation reflecting the refer-
(4) Noncombat deaths. The USACIDC is responsible for investi- ral and the results of the investigation by the other agency. If the
gating noncombat deaths to the extent necessary to determine other agency ceases the development or completion of investigative
whether criminality is involved. leads, the USACIDC may conduct further investigation provided the
(5) Military offenses. Certain military offenses, such as mis- other agency presents no valid objections. If the other agency de-
behavior as a sentinal or disrespect, will not normally be investi- clines to investigate, the USACIDC may conduct the investigation.
gated either by the USACIDC or the military police. However,
when the significance of the incident or the complexity of the facts 3–7. Army Alcohol and Drug Abuse Prevention and
dictate, the USACIDC or the military police may assume investiga- Control Program (ADAPCP)
tive responsibility. In compliance with the Army’s ADAPCP policy, CID will investi-
(6) Crimes affecting Reserve Components. Crimes in which a gate participants in ADAPCP for controlled substance offenses only
Reserve component is affected by fraud, theft, diversion, or destruc- if the offense occurred after entry into the program or if the partici-
tion of United States Government funds or property may be investi- pant had been identified as a suspect or subject prior to the time of
gated by the USACIDC. Other cases affecting a U.S. Army interest entry into the program. Participants in ADAPCP will not be know-
may be investigated pursuant to instructions of the Commanding ingly approached by CID special agents for the purpose of soliciting
General, USACIDC. information about controlled substances distribution unless the par-
ticipant voluntarily offers to provide such information. (See AR
(7) War crimes. The USACIDC is responsible for investigating
600–85.)
suspected war crimes when a violation of the UCMJ listed in appen-
dix B is indicated or when otherwise directed by HQDA. 3–8. Self-admitted homosexuality
(8) Adultery and fraternization. When they are the only offenses When cases of self-admitted homosexuality are referred to the
involved, adultery and fraternization will not normally be investi- USACIDC, a preliminary investigation will be conducted to deter-
gated by either the USACIDC or military police. The offenses will mine if a criminal offense has occurred after the person became
be reported by military police (using DA Form 3975) through com- subject to the UCMJ. If an offense within USACIDC investigative
mand channels to the appropriate commander. responsibility is substantiated, a report of investigation will be pre-
(9) Offenses involving senior personnel. The USACIDC will pared. If the individual refuses to provide information concerning
investigate any felony offense involving senior level personnel (ac- specific criminal sexual acts, including names, places, and dates,
tive duty general or flag officer, member of the Senior Executive and no other credible information is developed, a criminal informa-
Service (SES), or Executive Schedule personnel) as subjects without tion report will be prepared reflecting the admission and any other
regard for the limitations imposed in appendix B. Other offenses pertinent information. The individual’s commander and the local
involving these personnel as subjects may be investigated by the military intelligence activity will be provided this information. Self-
USACIDC if the sensitivity of the incident or complexity of the admissions made directly to CID special agents of homosexual acts
matter so dictates. which occurred prior to the person becoming subject to the UCMJ
(10) Aggravated assaults. The USACIDC is responsible for in- will be similarly reported to the person’s commander and the local
vestigating aggravated assaults which result in the victim being military intelligence unit.
hospitalized for treatment (not mere observation) for a period of
more than 24 hours. All other aggravated assaults will be investi- 3–9. Customs and postal matters
gated by military police. a. Postal and customs authorities periodically find unauthorized
b. The USACIDC may conduct a preliminary investigation as material (e.g., contraband, explosives, ammunition, or unauthorized
required to determine whether the USACIDC has investigative au- or illegal weapons) that may be property of the U.S. Government.
thority or responsibility or whether there is an Army interest in the b. When requested, CID special agents or military police will
matter. If the preliminary investigation reveals that one or more of receipt for such confiscated U.S. Government property. Such prop-
the foregoing is lacking, the matter will be referred to the appropri- erty will be returned to Government supply channels when no
ate action agency. longer required for evidentiary purposes.
c. Recovery of weapons, ammunition, and explosives will be
3–4. Assumption of investigative responsibility by the reported by the Army element receipting for them in accordance
USACIDC with AR 190–11.
The USACIDC may assume responsibility for investigating any d. The USACIDC will investigate such incidents when appropri-
criminal offense within the investigative authority on the Army ate and in conformance with this regulation.
when appropriate to a related investigation or to further the law
enforcement or crime prevention goals of the Army. When the Section II
USACIDC assumes control of an investigation from the military Crime Prevention Surveys and Protective Services
police and initiates an ROI, the investigation will be carried through
to conclusion by the USACIDC. Conducting a preliminary investi- 3–10. Crime prevention surveys
gation does not presuppose assuming control of an investigation. The USACIDC conducts crime prevention surveys to support com-
manders within the context of the Army Crime Prevention Program.
3–5. Agreements between the USACIDC and provost Crime prevention surveys may be initiated by the CID element
marshals or security elements commander or may be conducted in response to a request of the
Modification of investigative responsibility by mutual agreement is supported commander.
not authorized at a local or MACOM level. Memoranda of under-
standing establishing drug suppression teams and delineating their 3–11. Protective services
logistical and administrative support are, however, authorized. The USACIDC plans for and conducts protective service operations
generally using methods, procedures, and equipment similar to those

4 AR 195–2 • 30 October 1985


of the United States Secret Service. When conducting such opera- to the appropriate state adjutant general. Cases involving Army
tions, USACIDC personnel will be provided logistical, administra- Reserve personnel not on active duty for training or extended active
tive and personnel support from U.S. Army elements as required to duty at the time of the offense will be reported to the Commander,
accomplish its mission. Forces Command, ATTN: Liaison Officer, 3rd Region, USACIDC,
Fort Gillem, GA 30050–6000.
Section III d. Release of derogatory information. Derogatory information
Operational Considerations that mentions or can be tied to particular individuals will be released
only to those persons whose official duties create a definite need to
3–12. Freedom of movement have access to the information. Derogatory information will not be
a. During the course of a criminal investigation, CID special released outside of the Department of Defense except as authorized
agents or supervisors are authorized freedom of movement between by regulation or statute; e.g., AR 340–21.
geographical areas of responsibility.
b. CID personnel assigned to the USACIDC are not required to 3–15. Access to Army facilities and records
obtain specific theater clearance from oversea commanders prior to a. CID special agents and MPI will be granted access to all Army
undertaking oversea travel in connection with their official duties. facilities and records when necessary for criminal investigations,
(See AR 1–40, para 3–2c(5)). Notification to or prior concurrence of protective service missions, or crime prevention surveys, when ac-
the Department of State is, however, required prior to travel to those cess is consistant with the provisions of applicable laws governing
special areas listed in AR 1–40, appendix C. (See AR 1–40, para such access.
3–3, for additional guidance.) b. AR 40–66 describes policy and procedures to be used by CID
c. Accredited USACIDC supervisors and special agents may ob- special agents or MPI to gain access to information in medical
tain “official” U.S. passports through their servicing military person- records when conducting official investigations. Authorization for
nel officer. Item 12 of the DD Form 1056, Authorization to Apply access to information is authorization to make extracts or tran-
for a ‘No-Fee’ Passport and/or Request for VISA, accompanying scripts, for official purposes only, of specific information obtained
each application will show the special assignment code of by the custodian from medical records. The medical records will
“USACIDC”. Item 11 may be left blank. Item 7 must show the remain under the control of the records custodian who will make
special agent’s military rank or general schedule grade. either the records or legible, certified copies available for judicial,
non-judicial, or administrative proceedings.
3–13. Crime scenes
The control and processing of a crime scene and the collection and 3–16. Security clearances and special background
preservation of the evidence found thereat are the exclusive respon- investigations
sibilities of the CID special agent or supervisor in charge of the a. All accredited CID special agents and supervisors are required
crime scene when the USACIDC has investigative responsibility. To to have a top secret clearance based on a special background
prevent the possible loss or destruction of evidence, the CID special investigation.
agent or supervisor in charge of the crime scene is authorized to b. Any USACIDC personnel who have access to investigative
exclude all personnel from the scene. The exercise of this authority records or files are required to have a special background
in a particular case may be subject to the requirement to preserve investigation.
human life and the requirement for continuing necessary operations
and security. These should be determined in conjunction with the 3–17. CID use of the National Crime Information Center
appropriate commander and, where applicable, local host country (NCIC)
law enforcement authorities. a. All USACIDC elements within CONUS will make maximum
use of the NCIC. The USACIDC terminal is located at the U.S.
3–14. Coordination Army Crime Records Center; however, terminals located at CONUS
a. General. All USACIDC elements will establish liaison with installations, as specified in AR 190–27, are available for use by
the headquarters responsible for the installation, activity, or area CID personnel after coordination with the installation provost mar-
supported. Commanders and provost marshals or security officers shal or security officer concerned.
will be kept informed of the status of criminal investigations and b. The use of the NCIC will be in accordance with AR 190–27
crime prevention surveys in which they have an interest. If the and the operating instructions of the FBI. The USACIDC elements
release of this information would prejudice the successful comple- using terminals located at CONUS installations will adhere to the
tion of any investigation or survey, this coordination may be de- applicable U.S. Army Forces Command (FORSCOM) or TRADOC
layed or withheld up to and including the level of major Army directives. The Commanding General, USACIDC will issue appro-
commanders. When such a release of information is withheld or priate instructions for use of the NCIC by USACIDC elements.
delayed, the USACIDC element will inform its next higher head- c. Data to be entered into the NCIC through the terminals located
quarters and a higher headquarters in the chain of command of the at CONUS installations will include information pertaining to stolen
supported commander. The withholding or delay of the release of Government or private property, the theft of which is being investi-
such information to major Army command headquarters requires gated by the USACIDC and which meets the criteria established by
approval of the Commanding General, USACIDC, who will inform the FBI for entry into the system. Information pertaining to ab-
the Chief of Staff of the Army or the Secretary of the Army of the sentees or deserters whose personal identifiers have already been
intention to delay or withhold the release. entered by the U.S. Army Deserter Information Point (USADIP)
b. Other services. The USACIDC element will notify promptly will be entered through the USACIDC terminal at the Crime Re-
the appropriate headquarters of another military service of any cords Center, USACIDC, if they have become suspects or subjects
known or suspected crime for which the USACIDC has investiga- in a CID investigation.
tive responsibility in which the personnel or property of the other d. The USACIDC and USADIP will establilsh liaison to ensure
service are involved. Upon request from the headquarters having timely exchange of information on matters pertaining to absentees
jurisdiction over the personnel or property concerned, an investiga- and deserters. The U.S. Army Crime Records Center will provide
tion may be made by the USACIDC. In such crimes involving both USADIP with the names of those Army deserters in whom the
Army personnel and personnel of another service, local coordination USACIDC has an interest. USADIP will ensure that notification of
of the investigation with that service will be accomplished by the apprehension or inquiries from civil law enforcement authorities on
USACIDC element concerned. subjects of CID investigations are transmitted to the Crime Records
c. Reserve Components. CID investigations involving members Center by the most expeditious means. The USACIDC will ensure
of the Army National Guard, when not federalized, will be reported that timely notification of a cancellation of interest in an absentee or

AR 195–2 • 30 October 1985 5


deserter previously listed in the wanted file is provided to the military police, as appropriate, for confinement or detention. Con-
USADIP and entered into the NCIC immediately. finement or detention in military facilities will be in accordance
with AR 190–47 or AR 190–38 respectively.
3–18. Warning of rights e. Nothing in this regulation is intended to restrict the inherent
Prior to any questioning, all military suspects or accused persons authority of military commanders to maintain law and order on the
must be given a proper warning of their rights in accordance with installation for which they are responsible or to restrict the personal
Article 31, UCMJ, and Military Rule of Evidence 305, Manual For authority of special agents under various state laws concerning citi-
Courts Martial, United States, 1984. Civilian suspects will be war- zen’s arrest.
ned in accordance with current Federal law. This generally requires
a warning of rights only in a “custodial interrogation” setting. 3–22. Authority to search and seize
a. Searches and seizures within the confines of a U.S. military
Section IV installation will be conducted in accordance with the Military Rules
CID Special Agents of Evidence, Manual for Courts Martial, United States, 1984; AR
190–22; or other applicable law.
3–19. General b. All USACIDC supervisors and special agents are authorized to
All USACIDC special agents are authorized to enforce the criminal seek a search warrant from a civil magistrate or judge, and, if
laws of the United States concerning any offense over which the issued, to execute such search warrant outside of a military installa-
Army has investigative authority. Nothing in this regulation purports tion. This authority is granted under the provisions of Rule 41,
to authorize any action that would constitute a violation of the Posse Federal Rules of Criminal Procedure, and 28 C.F.R. 60, and pertains
Comitatus Act, 18 U.S.C 1385. to those offenses within the investigative authority of the Army over
which the USACIDC has assumed investigative responsibility.
3–20. Utilization Coordination with the supporting staff judge advocate and concur-
a. CID special agents will not be assigned to other than criminal rence of the appropriate U.S. attorney are mandatory prior to seek-
investigative duties without prior approval of the Commanding Gen- ing a civil search warrant. When executing such a search warrant,
eral, USACIDC. CID special agents or supervisory personnel will CID special agents will be accompanied by a civil law enforcement
not be assigned duties such as post or staff duty officer, military officer having statutory arrest authority.
police duty officer, membership on courts or boards (except boards
3–23. Authority to administer oaths
considering applicants for appointment as warrant officers in MOS
CID special agents, CID supervisors, and other personnel designated
951 or reclassification boards requiring a member knowledgeable of in accordance with paragraph 3–20b above are authorized to admin-
duties required of CID personnel). This does not preclude the per- ister oaths under the provisions of UCMJ, Article 136(b)(4), and 5
formance by CID special agents or supervisors of those additional U.S.C. 303, as appropriate.
duties assigned by and performed within the USACIDC unit.
b. When the interests of effective law enforcement require special 3–24. Firearms
expertise or technical assistance, the Commanding General, a. CID special agents and supervisors are authorized to carry
USACIDC, may authorize civilian or military personnel of the U.S. concealed weapons in accordance with instructions issued by the
Army to assist in criminal investigations and to perform other CID Commanding General, USACIDC, and AR 190–14. Any weapon
related duties, to include administering oaths. lost, stolen, or unaccounted for will be reported to the Commander,
c. Special agents and certified polygraph examiners may perform U.S. Army Military Police Operating Agency (USAMPOA), in ac-
all the requirements of their respective duty positions without regard cordance with AR 190–11.
to whether they hold a military or civilian status. b. Unless authorized by the Commanding General, USACIDC, or
the commander’s designated representative, only government issued
3–21. Authority to apprehend or detain and acquired weapons and ammunition will be utilized. The use of
a. Pursuant to R.C.M 302, Manual for Courts Martial, United personally owned weapons and ammunition for official duties (other
States, 1984; UCMJ, Article 7 (10 U.S.C. 807); and AR 600–40, than marksmanship activities) is prohibited.
USACIDC accredited supervisors and special agents are authorized
to apprehend any person subject to the UCMJ, regardless of loca- 3–25. Civilian clothing
tion, if there is probable cause to believe that person has committed a. Unless precluded by theater requirements, (e.g., combat opera-
a criminal offense. All USACIDC accredited supervisors and special tions), or when directed otherwise by a CID unit commander, CID
agents are also authorized to conduct investigative stops of any special agents may wear civilian clothing in the performance of their
person subject to the UCMJ, regardless of location, if there is duties, to include PCS travel to a new duty station. CID supervisors
articulable and reasonable suspicion that the person has committed a may also wear civilian clothing when appropriate for mission ac-
criminal offense. complishment. Civilian clothing allowances for CID special agents
may be obtained in accordance with AR 700–84.
b. All USACIDC accredited supervisors and special agents are
b. CID special agents and supervisors may obtain non-standard
authorized to apprehend civilian personnel on military installations
spectacle frames in accordance with AR 40–63.
or facilities when there is probable cause to believe that person has
committed an offense cognizable under the criminal laws of the 3–26. Billets and messes
United States. Such persons will be held only until they can be a. Enlisted CID special agents and laboratory examiners must be
released to an appropriate Federal, State, or local law enforcement billeted with other USACIDC personnel in facilities separate from
agency, or to civilian authorities in accordance with local other soldiers, or they may be billeted in senior bachelor enlisted
procedures. quarters (SBEQ) or bachelor officer quarters (BOQ). If a lack of
c. No USACIDC personnel, in their official capacity, have au- suitable facilities precludes this policy, CID special agents and labo-
thority to arrest, with or without an arrest warrant, civilians outside ratory examiners will be provided statements of nonavailability to
the limits of a military installation. When such an arrest is necessary support claims for basic allowance for quarters (BAQ) or per diem,
in the conduct of a CID investigation, an arrest warrant must be as appropriate.
obtained and executed by a civil law enforcement officer with statu- b. Normally, enlisted USACIDC unit administrative personnel
tory arrest authority. CID special agents may accompany the arrest- will be billeted with USACIDC personnel or with military police
ing civil law enforcement official for purposes of identifying the personnel. Alternate billeting arrangements may be provided when it
person to be arrested and providing backup assistance. is determined that the USACIDC mission will not be adversely
d. Personnel apprehended by CID will be released to civil or affected. (See AR 210–16.)

6 AR 195–2 • 30 October 1985


c. The policy in a and b above does not apply when law enforce- d. The term U.S. Forces personnel includes all employees, mili-
ment personnel are billeted as a unit during combat operations, field tary or civilian, of the Department of Defense and the dependents of
exercises, or other training periods. Housing policy for non-law such persons, except where the term is more narrowly defined by
enforcement type personnel prevails during these periods. provision of applicable treaties or international agreements, in which
d. Enlisted CID special agents will be authorized basic allowance case that definition will apply.
for subsistance (BAS) under the provisions of chapter 1, part 3,
DOD Military Pay and Allowances Manual. 3–32. Policy considerations
e. The above provisions do not apply in overseas areas not au- Individuals in charge of USACIDC drug suppression operations and
the approving authorities set forth in paragraph 3–33 below will
thorized basic allowance for quarters and basic allowance for
ensure that all operations are conducted in accordance with the
subsistance.
following policy considerations.
3–27. Disclosure of grade a. The objective of USACIDC drug suppression operations is to
a. CID special agents conducting USACIDC investigation activi- support Army commanders by limiting the use or possession of
ties are not required to reveal their military grade or position other illegal drugs by U.S. Forces personnel and by interdicting the supply
than as “CID Special Agent” if such disclosure might interfere with of illegal drugs directed to such persons. Drug suppression opera-
the discharge of investigative duties. Their status as members of the tions will be conducted only to the extent necessary to achieve this
U.S. Army or as a CID special agent may also be concealed if such objective and only when resources from other U.S. and non-U.S.
law enforcement agencies are not available or cannot be used due to
concealment is in the interest of effective law enforcement.
prevailing operational conditions or necessities. A particular drug
b. CID special agents will include their military grade in signing
operation should not be conducted unless there is an identifiable
all correspondence except CID reports of investigation and docu-
connection between the drug traffickers being investigated and U.S.
ments related thereto. Forces personnel. Such connection is present only if the traffickers
c. CID special agents may wear the “U.S.” insignia in lieu of are known or suspected to have had recent drug transactions with
insignia of rank when wearing field uniforms. U.S. Forces personnel or if the traffickers distribute in an area
where experience indicates a substantial portion of the available
3–28. Retention and use of investigative property drug supply is obtained by U.S. Forces personnel. The general scope
Reports of investigation, files, photographs, exhibits, handwritten
of drug suppression operations should be coordinated with the sup-
notes, sketches, and other material pertaining to USACIDC duties, porting staff judge advocate when the operation may have signifi-
including copies, negatives, and reproductions, are either the prop- cant impact on non-military personnel.
erty of the Department of the Army or in its custody and will not be b. Level one operations will be conducted only as necessary in
retained or used as personal property. Photographs taken during the light of the following factors:
conduct of criminal investigations or related duties are exempt from (1) The connection of the drug trafficking activities and lines of
the requirements of AR 108–2. distribution to the supply of illegal drugs available to U.S. Forces
personnel.
3–29. Standards of conduct
(2) The resources available to the USACIDC to support the
Standards of conduct for DA personnel are in AR 600–50 and will
operation.
apply to all personnel in the Army CID program. Additional restric-
(3) The political effect of a refusal to support a foreign govern-
tions on off-duty employment of personnel assigned to the
ment in a combined operation that has an impact on U.S. Forces.
USACIDC may be determined by the Commanding General,
(4) The effect on relations with foreign law enforcement agencies
USACIDC. of providing or failing to provide requested assistance.
(5) The potential effect on U.S. Forces should the drug trafficker
Section V be successful despite efforts of foreign law enforcement agencies or
USACIDC Drug Suppression Operations in Foreign other U.S. law enforcement agencies.
Countries c. Level one and, to a lesser extent, level two operations can
adversely impact on U.S. relations with other countries. Hence,
3–30. Purpose
diplomatic and political considerations must always be taken into
This section sets forth Army policy for all USACIDC drug suppres-
account. Questions as to the foreign relations impact of drug sup-
sion operations conducted outside the United States and its posses-
pression operations should be referred to the U.S. Embassy Narcot-
sions. It applies to all levels of drug suppression operations, whether
ics Coordinator as set forth in paragraph 3–33c below.
conducted on or off a military installation and whether or not con-
d. To the extent necessary to accomplish the drug suppression
ducted in conjunction with other U.S. or non-U.S. law enforcement objective stated in paragraph a above, the USACIDC should main-
agencies. tain relations with other U.S. and non-U.S. police organizations and
participate in the exchange of law enforcement information and
3–31. Definitions
support to assist investigative goals.
a. Level one operations are those operations conducted only in
e. All drug enforcement operations in foreign countries will be
overseas areas and using agents in a covert role. They are intended
conducted in accordance with the provisions of status-of-forces
to identify high level traffickers of narcotics and dangerous drugs
agreements or other applicable international agreements.
and to intercept controlled substances destined for resale and/or use
f. The USACIDC drug suppression operations overseas represent
by U.S. Forces personnel.
an effort to counter a significant threat to the health, welfare, mo-
b. Level two operations are those drug suppression operations rale, and readiness of the Army. In view of the significant Army
conducted by special agents assigned to local CID units and drug interest involved, USACIDC narcotics control efforts are generally
suppression team personnel operating in a semi-covert capacity with within the usual status-of-forces arrangements. However, if any
the mission of identifying traffickers, wholesale or retail, who oper- USACIDC investigative activity is outside the authority of such
ate on or close to installations or areas where U.S. Forces personnel provisions (e.g., a host country law enforcement agency requests
are stationed and/or who sell directly to U.S. Forces personnel. USACIDC interpreter assistance in a narcotics case having no mili-
c. Level three operations are those drug suppression operations tary interest) the International Narcotics Control Section of the For-
conducted by special agents assigned to the local CID unit who eign Assistance Act of 1961 applies. Therefore, when the action to
operate in an overt manner investigating reported or detected con- be taken is not within a status-of-forces arrangement, no USACIDC
trolled substance violations by Army and/or other U.S. Forces per- or other Army personnel or employee may “engage or participate in
sonnel. Level three operations are also conducted by MP/MPI any direct police arrest action in any foreign country” or “inter-
assigned to the provost marshal or security officer. rogate or be present during the interrogation of any United States

AR 195–2 • 30 October 1985 7


person arrested in a foreign country with respect to narcotics control investigations, and for subjects of military police reports forwarded
efforts without the written consent of such person” (22 U.S.C. to the Director, U.S. Army Crime Records Center, for file. See
2291(c)). appendix E for instructions on completing this form.
c. Investigative files.
3–33. Approvals and coordinations (1) The Commanding General, USACIDC, will establish policies
All USACIDC drug suppression operations will be conducted in and procedures for the transmittal and maintenance of CID inves-
accordance with the following provisions: tigative records and reports; recommend to DA, The Adjutant Gen-
a. Major U.S. commanders. All levels of operations will be eral Center, standards for the retention of this material; direct the
subject to any limits imposed by the major U.S. commander being conduct of special studies and research utilizing data contained
supported. Outside the Federal Republic of Germany, major U.S. therein; and determine the releasability of information in these files.
commanders must approve all level one operations on a case-by- (2) The Commanding General, USACIDC, in coordination with
case basis. The USACIDC region commander must obtain this ap- the Deputy Chief of Staff for Personnel, will recommend to DA,
proval prior to seeking DA or DOD approval. The Adjutant General Center, standards for the retention of selected
b. Department of the Army and Department of Defense (DA and MPI ROI and military police reports submitted to the Crime Re-
DOD). All level one operations outside the Federal Republic of cords Center in accordance with AR 190–45 and for the release of
Germany will be approved on a case-by-case basis by DA and information therefrom.
DOD. Requests for approval should be forwarded through command d. Requirements control. USACIDC and MPI investigative
channels to the Office of the Army General Counsel. DA and DOD reports are exempt from requirements control under AR 335–15,
approval is also necessary prior to the initial commencement of paragraph 5–2b(6).
level two operations in a country, except for countries where a e. Classification and safeguards.
division-size force or larger is stationed, a status of forces agree- (1) USACIDC investigative records and reports will be marked
ment is in effect, the concurrence of an appropriate agency in the “FOR OFFICIAL USE ONLY” (FOUO) in accordance with AR
host country is obtained, and a major drug problem exists with U.S. 340–17. USACIDC investigative records and reports are exempt
Forces personnel. In all cases approved by DA and DOD, the from automatic termination of protective marking. However, when
USACIDC will provide periodic follow-up reports explaining the investigative records and reports, or portions thereof, are inserted in
extent and results of off-post activities and all other significant or attached to a record of trial by court-martial or released outside
aspects of the approved operations. DOD, the FOUO markings will be automatically cancelled. When
c. Embassy Narcotics Coordinators. The general scope of all the records or reports contain national defense information, classify-
levels of operations in a foreign country must be fully coordinated ing and handling will be in accordance with AR 380–5.
with the Drug Enforcement Administration (DEA) representative (2) Access to CID reports will be limited to those individuals
and approved by the U.S. Embassy Narcotics Coordinator to ensure whose official duties require them to have access to such reports
compliance with Embassy policy. In addition, prior case-by-case and should be restricted to the minimum number of persons
approval by the Embassy Narcotics Coordinator is required for all necessary.
level one operations outside the Federal Republic of Germany. Ap- (3) Reports procured from USACIDC elements or the Crime Re-
proval in individual cases will be obtained by the USACIDC region cords Center when not under personal control of an authorized
commander before seeking DA and DOD approval. In approving individual will be stored in a locked room, file cabinet, desk, shelf-
cases, the Embassy Narcotics Coordinator will confirm with the file, or under other conditions which furnish an equivalent or greater
DEA representative that DEA is unable to provide necessary inves- degree of physical security.
tigative resources. The Embassy Narcotics Coordinator should be (4) Reports provided by the USACIDC will be destroyed by the
contacted regarding level two or three operations if it appears at any requesting agency upon completion of the action for which re-
time before or during an operation that the operation may adversely quested. As a minimum, all CID reports will be destroyed following
affect U.S. foreign relations. procedures for FOUO material as described in AR 340–17. If the
report contains a higher classification, destruction procedures for
d. Foreign governments. Level one and significant off-post level
that classification will be followed.
two operations will be conducted only if and to the extent requested
by the host country police agency and with the knowledge and 4–3. Release and use of information
concurrence of an appropriate agency in the government of that a. Release of investigative information. “Release of investigative
country. However, in countries where an agreement giving prior information” includes any visual access, oral disclosure, explanation
approval to such operations is in effect, the operations may be of contents, or reproduction of material in investigative records,
conducted as prescribed by the agreement. reports, or related documents of USACIDC origin.
b. Release of USACIDC investigative records and reports of
investigation. Release is authorized when it conforms with this regu-
lation, AR 40–2, AR 190–45, AR 195–6, AR 340–17, AR 340–21,
Chapter 4 and policy on external agency information, as applicable.
Investigative Records, Files, and Reports c. Distribution. Routine distribution for final CID and MPI
reports of investigation will be as follows:
4–1. Policy (1) Routine distribution within DOD, but external to USACIDC,
Investigative records, files, and reports will be prepared, maintained, of final CID reports of investigation will be through the next higher
and released by USACIDC elements as prescribed by AR 340–17, field grade commander to the commander responsible for initiation
AR 340–18, AR 340–21, this regulation, and other applicable laws, of disciplinary or corrective action. Copies will also be provided to
regulations or directives. the staff judge advocate supporting the action commander, the pro-
vost marshal or security officer responsible for law enforcement in
4–2. Preparation and maintenance the area in which the incident occurred, and as further directed by
a. Policies and procedures. The Commanding General, the Commanding General, USACIDC.
USACIDC, will establish policies and procedures for the preparation (2) Routine distribution within DOD, but external to military
and maintenance of investigative records and reports as prescribed police, of final MPI reports of investigation will be in accordance
in this and other applicable regulations. with AR 190–45.
b. Investigative forms. This regulation is the prescribing direc- (3) Disclosures outside DA, under the authority of this paragraph,
tive for DA Form 2804, Crime Records Data Reference. This form must be accounted for in accordance with appropriate USACIDC
will be utililzed as an index card for subjects, suspects, and victims and MP regulations.
of each CID report of investigation, for subjects of MPI reports of d. Law enforcement criminal information exchange.

8 AR 195–2 • 30 October 1985


(1) Disclosure of criminal information originated or maintained Federal Government identified as routine users in AR 340–21 and
by the USACIDC may be made to any Federal, State, local, or similar requests from other Department of Defense components will
foreign law enforcement agency that has an investigative or law be referred to the Director, U.S. Army Crime Records Center, 2301
enforcement interest in the matter disclosed, provided the disclosure Chesapeake Ave, Baltimore, MD 21222–4099. The Director, U.S.
is not in contravention of any law, regulation, or directive, as ap- Army Crime Records Center, is authorized direct communication
plied to law enforcement activities. Disclosures under this paragraph with these agencies and components for this purpose.
to a non-DOD law enforcement element is a routine use under the i. Disclosure. Individuals, agencies, or components that receive
Privacy Act and must be accounted for in accordance with AR CID investigative reports or other information may further disclose
340–21, chapter 3. such material only for administrative, non-judicial, or judicial pur-
(2) Acquisition of criminal information from Federal, State, local, poses or proceedings. No other disclosure is permitted without the
or foreign law enforcement agencies is authorized provided it relates prior approval of the Commanding General, USACIDC. These limi-
to a matter within USACIDC investigative authority or responsibili- tations do not apply to requesters or recipients under the Freedom of
ty. Criminal information may be acquired for the purpose of deter- Information or Privacy Acts. (See para 4–4.)
mining whether it meets the criteria of this paragraph, but will not j. News media requests. News media requests under AR 340–17
be retained if determined to be outside its scope. for CID criminal investigative information not resolved at the inves-
e. Sensitive investigative information. The identity of confiden- tigating element’s level may be directed to the Commander,
tial sources, information pertaining to CID investigative techniques, USACIDC, ATTN: CIIO–ZA, 5611 Columbia Pike, Falls Church,
and date contained in internal CID records, reports, or indices VA 22041–5015.
thereof will be released only as authorized by paragraph d above or k. Other requests. All other requests not specifically addressed
by the Commanding General, USACIDC. All other inquiries or above for copies of CID investigative reports or information will be
requests regarding this type of information, not made under the referred to the Director, U.S. Army Crime Records Center, ATTN:
provisions of paragraphg below, will be forwarded to the Director, CICR–FP, 2301 Chesapeake Ave, Baltimore, MD 21222–4099.
U.S. Army Crime Records Center, ATTN: CICR-FP, 2301
Chesapeake Ave, Baltimore, MD 21222–4099 4–4. Individual requests for access to or amendment of
f. Juvenile records. CID reports of investigation
(1) Investigative information pertaining to juveniles identified in a. Access to CID reports. All requests for access to CID reports
a CID ROI, SSI, or criminal information report as suspects, subjects, made under the Privacy Act or Freedom of Information Act will be
or victims may be disclosed only as provided below. The status of processed in accordance with AR 340–21 and AR 340–17,
“juvenile” is determined with reference to the age of the person as
respectively.
of the date of the offense.
b. Amendment of CID reports. CID reports of investigation are
(a) To those persons in the normal distribution channels of CID
exempt from the amendment provisions of the Privacy Act and AR
reports.
(b) To other law enforcement authorities when information ac- 340–21. Requests for amendment will be considered only under the
quired or maintained by CID indicates criminal activity which may provisions of this regulation. Requests to amend CID reports of
fall within another law enforcement agency’s jurisdiction or investigation will be granted only if the individual submits new,
responsibility. relevant, and material facts that are determined to warrant revision
(c) To other persons as required or authorized by law (e.g., par- of the report. The burden of proof to substantiate the request is upon
ents, pursuant to the Juvenile Justice Act, 18 U.S.C. 5033, or child the individual. Requests to delete a person’s name from the title
welfare agencies). block will be granted if it is determined that probable cause does not
(2) The fact that the individual to whom the information pertains exist to believe that the individual committed the offense for which
has become an adult does not alter the protection provided juvenile titled as a subject. The decision to list a person’s name in the title
records. CID reports pertaining to juvenile subjects, suspects or block of a CID report of investigation is an investigative determina-
victims will be marked so that they are readily identifiable as juven- tion that is independent of judicial, non-judicial, or administrative
ile records when filed with other records. This requirement also action taken against the individual or the results of such action.
applies when automated indexing of juvenile records is utilized. Within these parameters, the decision to make any changes in the
(3) Any order from a Federal or State court of competent juris- report rests within the sole discretion of the Commanding General,
diction directing the sealing of juvenile records or juvenile court USACIDC. His decision will constitute final action on behalf of the
proceedings will be attached to the file at the local level and, if Secretary of the Army with respect to this regulation.
appropriate, at the Crime Records Center. When it appears that the c. Submission of requests. Requests for access to or amendment
terms of a court order or statute pertaining to the sealing of juvenile of CID investigative reports will be forwarded to the Director, U.S.
records or court proceedings restrict DOD use of records remaining Army Crime Records Center, ATTN: CICR–FP, 2301 Chesapeake
in the custody of the USACIDC, clarification or guidance must be Ave, Baltimore, MD 21222–4099.
obtained from the Commanding General, USACIDC, ATTN: CIJA-
ZA.
(4) Requests for release of juvenile records that appear to conflict
with the guidance in this regulation and proposed denials for such Chapter 5
CID juvenile records will be forwarded promptly to the Command- Crime Records Center, USACIDC
ing General, USACIDC, ATTN: CIJA-ZA, for determination of the
USACIDC position and response. 5–1. General
g. Requests for information. Legislative or civilian judicial re- The U.S. Army Crime Records Center will receive and maintain the
quests from Federal, State or foreign governments for access to or permanent files of CID and selected MPI reports of investigation,
copies of CID reports or information from CID investigative efforts selected military police reports (DA Form 3975), and commanders
will be forwarded to the Commander, USACIDC, ATTN: CIJA–ZA, reports of disciplinary or administrative action taken (DA Form
5611 Columbia Pike, Falls Church, VA 22041–5015. Congressional 4833). The Director will ensure the retention and proper use of these
requests will be processed in accordance with AR 1–20 and AR records and furnish data and copies of files, documents, or informa-
340–21. Civilian judicial requests or subpoenas, including those tion therefrom to persons or agencies authorized to receive such
originated by prosecution and defense counsel, will also include that information. The Director will refer requests to agencies controlling
information required by AR 27–40, chapter 7. release of the requested information. For crime records purposes, the
h. Official requests. Official requests for information from CID Director will maintain liaison for the Commanding General,
reports of investigation from agencies of the executive branch of the USACIDC, with the Defense Investigative Service, the U.S. Army

AR 195–2 • 30 October 1985 9


Intelligence and Security Command, Defense Central Index of In- Crime Records Center. Requests for name checks for other than law
vestigations (DCII), the DOD National Agency Check Center, and enforcement investigation purposes will state the reason for the
other Federal agencies as appropriate. request and the use to be made of the data. The specific statute,
directive, or regulation upon which the request is based will be
5–2. Functions cited. Requests for law enforcement purposes will include, if availa-
The Director, Crime Records Center will— ble, the military police report (DA Form 3975) number, the Crime
a. Receive and file all records and reports as directed by the Records Center cross-reference number for the military police or
Commanding General, USACIDC. security police, and the sequence number or report of investigation
b. Receive and file military police reports and MPI reports ac- number for CID reports.
quired under the provisions of AR 190–45.
c. Process for filing all CID and MPI reports of investigation, 5–4. Immediate name checks
other agency criminal investigation reports, and military police a. The Crime Records Center has facilities available to conduct
reports, to include reviewing of offense coding and ensuring that expeditious checks for USACIDC elements and military police or
each report is administratively complete. security police for criminal justice purposes. If, during the course of
d. Provide emergency and routine records checks for provost a criminal investigation, the requirement arises to determine if an
marshals or security officers, USACIDC elements, DA, DOD, and individual has any previous military criminal record, this may be
other law enforcement agencies identified by the Commanding Gen- done by using either telephone, facsimile telecopier, or electrical
eral, USACIDC, as routine users of records maintained by the message. All name checks submitted by electrical message will be
Crime Records Center. addressed to the DIR, USACRC, USACIDC, BALT, MD //CICR-
e. Operate and maintain criminal investigative data reference CR//.
indexes. b. Requests for immediate name checks should be limited to
f. Provide DCII with indexing data for individuals listed as sub- situations where an investigative need for immediate results exists
jects or victims of all CID reports of investigation and subjects of and will include, if available, the locally assigned report or sequence
all military police reports. number.
g. Develop specialized statistics and reports pertaining to crime c. The format to be followed in requesting name checks by tele-
within the Army for the USACIDC as required by HQDA. phone is at appendix F.
h. Transmit on request, for law enforcement purposes, copies of d. Telephonic name checks by appropriate officials pursuant to
CID and MPI reports of investigation and MP reports to provost Freedom of Information Act (AR 340–17) and Privacy Act (AR
marshals or security officers, USACIDC elements, Department of 340–21) requests are authorized.
Army and Defense officials who are authorized to obtain and use
reports, and other law enforcement agencies identified by the Com- 5–5. Requesting Crime Records Center files and reports
manding General, USACIDC, and the DCSPER, HQDA, as routine a. Requests for CID and MPI reports of investigation and mili-
users of CID and MP records respectively. tary police reports as outlined in paragraph 4–3 and AR 190–45,
i. Implement applicable release policy and procedures as deline- will be forwarded to the Director, U.S. Army Crime Records Center,
ated in paragraphs 4–3f, h, i, and 5–2 h, k, and l. 2301 Chesapeake Ave, Baltimore, MD 21222–4099.
j. Refer requests or requesters to appropriate agencies if informa- b. Requests for these reports in connection with law enforcement
tion requested does not fall within Crime Records Center control for and investigative activities should include the following:
release action. (1) Name of the subject, suspect, or victim of the investigation.
k. Receive official requests for information from CID reports of (2) Place and date of birth.
investigation from agencies of the Federal Government identified as (3) Social security number and/or former military service
routine users in AR 340–21 and similar requests from DOD compo- number.
nents. The Director, Crime Records Center, is authorized direct (4) Complete report of investigation number.
communication with these agencies for this purpose.
(5) If completed before 1 January 1968, the CID report of inves-
l. Upon request, transmit copies of final CID and MPI reports of
tigation and repository file numbers, if available.
investigation and MP reports reflecting known subjects to Depart-
c. Requests in connection with law enforcement or investigative
ment of the Army and Department of Defense agencies and ele-
activities for investigative files of the Air Force Office of Special
ments of the executive branch of the Federal Government authorized
by statute, executive order, directive, or regulation to have access to Investigations, the Naval Investigative Service, the U.S. Army Intel-
law enforcement files to make determinations regarding— ligence and Security Command, Department of Defense Inspector
General for Investigations, and the Defense Investigative Service
(1) Suitability for access to classified national defense
information. may also be sent to the Crime Records Center, which will refer
them to the appropriate agency.
(2) Filing of unfavorable information in official military person-
nel files (AR 600–37). d. Requests for CID and MPI reports of investigation and mili-
(3) Accreditation as provided in AR 190–13, AR 190–30, and tary police reports or information therefrom for other than law
AR 195–3. enforcement purposes will include the following:
m. Upon written request, transmit CID reports and MP reports to (1) Full name of the individual.
the Office of The Inspector General, HQDA, for those activities (2) Place and date of birth.
authorized in AR 20–1. (3) Social security number and/or former military service
number.
5–3. Routine investigative name checks (4) Nature and purpose of the request, including the statute, di-
a. The Crime Records Center will, upon request by authorized rective, or regulation governing such activity and authorizing that
individuals, conduct a search of available files and indexes to deter- activity to use crime records.
mine if information pertaining to a particular individual is on file. e. DA Form 543, Requests for Records, may be used for requests
Commanders will oversee requests to assure submission in accord- and transmittal of records from the Crime Records Center.
ance with this regulation.
b. Name checks are made by full name, date of birth, place of 5–6. Use of information contained in CID and MP reports
birth, social security number, and former military service number. If a military police or criminal investigative record is used as a basis
Military police, security police, and USACIDC elements requesting for denying any individual a right, privilege, or benefit to which that
routine name checks must provide as much of this information as individual is entitled by Federal law or for which he would other-
possible and may submit such requests by letter or message to the wise be eligible, the individual affected will normally be granted

10 AR 195–2 • 30 October 1985


access to the record except as provided by this regulation, AR
340–17, or AR 340–21.

Chapter 6
U.S. Army Criminal Investigation Laboratories
6–1. General
USACIDC laboratories provide forensic laboratory assistance to
U.S. Army investigative elements, other DOD investigative agen-
cies, and Federal law enforcement agencies as appropriate.

6–2. Responsibilities
The Commanding General, USACIDC, is responsible for policies
and procedures concerning each U.S. Army Criminal Investigation
Laboratory (USACIL), quality control and technical proficiency in
USACIL operations, and the training of laboratory technicians.

6–3. Request for examination


All requests for laboratory examination will be forwarded to a
USACIL in accordance with AR 195–5, unless an exception is
granted by the Commanding General, USACIDC.

6–4. Court appearance


a. To the extent practicable, appearance of laboratory examiners
at a legal proceeding will be requested by a message to reach the
appropriate USACIL commander at least 10 working days prior to
the requested appearance date. This leadtime is necessary to avoid
conflicts with other commitments and allow time for administrative
processing and court preparation. The message will include at a
minimum—
(1) USACIL referral number (from laboratory report).
(2) Division completing the examination.
(3) Name of accused.
(4) Date, time, place, and to whom the examiner is to report.
(5) Number of days TDY required.
(6) Fund citation for travel and per diem.
b. The USACIL commander will have appropriate orders pub-
lished. If an examiner is not available, the USACIL commander will
notify the requester by return message explaining the reason for the
non-availabililty of the witness, such as a conflict with another court
appearance, and give the exact dates that the witness will be
available.
c. When the presence of an examiner is desired for trial, the
examiner should be requested to appear the day it is anticipated the
examiner will testify, rather than the day the trial is to begin. This
will assist in reducing to a minimum the examiner’s absence from
the laboratory.

6–5. On scene assistance


When particular expertise is required to process crime scenes, the
presence of laboratory examiners may be requested by CID field
commanders from the commander of the supporting USACIL.

AR 195–2 • 30 October 1985 11


Appendix A AR 600–85
References Alcohol and Drug Abuse Prevention and Control Program. (Cited in
para 3–7.)
Section I
Required Publications Section II
Related Publications
AR 1–20 A related publication is merely a source of additional information.
Legislative Liaison. (Cited in para 4–3g.) The user does not have to read it to understand this regulation.

AR 1–40 AR 10–5
Clearance Requirements and Procedures for Official Temporary Department of the Army
Duty Travel Outside Continental United States. (Cited in para
3–12b.) AR27–10
Military Justice. (This regulation includes the Memorandum of
AR 10–23 Understanding between the Department of Defense and Department
U.S. Army Criminal Investigation Command. (Cited in paras 1–5n, of Justice.)
2–1a, and 2–2c.)
AR 40–2
AR 20–1 Army Medical Treatment Facilities: General Administration
Inspector General Activities and Procedures. (Cited in paras 1–5j,
AR 40–63
3–1b, and 5–2m.)
Medical, Dental, and Veterinary Care
AR 27–40
AR 108–2
Litigation. (Cited in para 4–3g.)
Army Training and Audiovisual Support
AR 40–66 AR 190–14
Medical Record and Quality Assurance Administration. (Cited in Carrying of Firearms
para 3–15b.)
AR 190–22
AR 190–11 Searches, Seizures, and Disposition of Property
Physical Security of Arms, Ammunition and Explosives. (Cited in
paras 3–3b, 3–9c, and 3–24a.) AR 190–28
Use of Force by Personnel Engaged in Law Enforcement and
AR 190–13 Security Duties
The Army Physical Security Program. (Cited in para 5–2l).
AR 195–1
AR 190–27 Army Criminal Investigation Program
Army Participation in the National Crime Information Center. (Cited
in paras 3–17a and b.) AR 195–3
Acceptance and Accreditation of Criminal Investigation Personnel
AR 190–30
Military Police Investigations. (Cited in paras 1–5a and 5–2l). AR 195–6
Department of Army Polygraph Activities
AR 190–38
Detention Cells. (Cited in para 3–21d.) AR 210–10
Administration
AR 190–45
Records and Forms. (Cited in paras 1–5m, 4–2c, 4–3b, 4–3c, 5–2b, AR 310–49
5–5a, and E–2.) The Army Authorization Documents System (TAADS)

AR 190–47 AR 335–15
The U.S. Army Correctional System. (Cited in para 3–21d.) Management Information Control System

AR 195–5 AR 340–18
Evidence Procedures. (Cited in para 6–3.) The Army Functional File System, General Provisions

AR 380–5
AR 210–16
Department of Army Information Security Program
Bachelor Housing Management. (Cited in para 3–26b.)
AR 380–13
AR 340–17 Acquisition and Storage of Information Concerning Nonaffiliated
Release of Information and Records from Army Files. (Cited in Persons and Organizations
paras 4–1, 4–2e, 4–3b, 4–3i, 4–4a, 5–4d, and 5–6.)
AR 381–10
AR 340–21 U.S.Army Intelligence Activities
The Army Privacy Program. (Cited in paras 1–4f, 1–5k, 3–14d, 4–1,
4–3, 4–4, 5–2k, 5–4d, and 5–6.) AR 381–12
Subversion and Espionage Directed Against the U.S. Army
AR 600–40
Apprehension, Restraint, and Release to Civil Authorities. (Cited in AR 381–20
para 3–21a.) U.S. Army Counterintelligence (CI) Activities

12 AR 195–2 • 30 October 1985


AR 600–37 Table B–1
Unfavorable Information —Continued

AR 600–50 Article of UCMJ: 92


Standards of Conduct for Department of the Army Personnel Description of offense: Violation of a punitive lawful general order or
regulation. (This pertains to those criminal offenses not covered by a
specific article such as currency violations, black marketing in the
AR 700–84
aggragate amount of $1,000 or more in a 30-day period, or conflict of
Issue and Sale of Personal Clothing interest)
AR 740–26 Article of UCMJ: 93
Physical Inventory Control Description of offense: Cruelty, oppression, or maltreatment

FAR Article of UCMJ: 94


Description of offense: Mutiny, sedition
Federal Acquisition Regulation
Article of UCMJ: 96
FRCrP Description of offense:
Federal Rules of Criminal Procedure a. Releasing without proper authority a prisoner duly committed to his
charge.
MCM b. Suffering a prisoner duly committed to his charge to escape through
Manual for Courts Martial, United States, 1984 design.
Article of UCMJ: 97
Section III
Description of offense: Unlawful detention
Prescribed Forms
Article of UCMJ: 103
DA Form 2804 Description of offense:
Crime Records Data Reference. (Cited in para 4–2b and appendix a. Captured or abandoned property of a value of $1,000 or more or any
E.) property of a sensitive nature as described in appendix G, failing to
secure, report and turnover, selling, or otherwise wrongfully dealing in or
DA Form 4833 disposing of
Commanders Report of Disciplinary or Administrative Action. b. Looting or pillaging
(Cited in para 1–4f(1)(a) and 5–1.) Article of UCMJ: 107
Description of offense: False official statements when in conjunction
Section IV with another offense normally investigated by CID
Referenced Forms
Article of UCMJ: 108
DD Form 543 Description of offense:
Request for Records a. Selling or otherwise disposing of military property of the United States
of an aggregate value of $1,000 or more, or any property of a sensitive
DD Form 1056 nature as described in appendix G
b. Willfully damaging, destroying or losing, or willfully suffering to be lost,
Authorization to Apply for a No-Fee Passport and/or Request for
damaged, destroyed, sold, or wrongfully disposed of, military property of
Visa the United States of a value or damage of $1,000 or more
DA Form 3975 Article of UCMJ: 109
Military Police Report Description of offense: Wasting, spoiling, destroying, or damaging any
propery other than military property of the United States of an aggregate
value or damage of $1,000 or more
Article of UCMJ: 110
Appendix B Description of offense: Hazarding or suffering to be hazarded any
Offenses within CID Investigative Responsibility vessel of the armed forces

Table B–1 Article of UCMJ: 112a


Description of offense: Wrongful use, possession, manufacture,
distribution, introduction, importation, exportation of controlled
Article of UCMJ: 77 substances (except as provided in 3–3a(2)
Description of offense: Principals of an offense listed in this appendix
Article of UCMJ: 115
Article of UCMJ: 78 Description of offense: Malingering involving intentional self-inflicted
Description of offense: Accessory after the fact to an offense listed in injury requiring hospitalization
this appendix
Article of UCMJ: 116
Article of UCMJ: 80 Description of offense: Riot
Description of offense: Attempts to commit an offense listed in this
appendix Article of UCMJ: 118
Description of offense: Murder
Article of UCMJ: 81
Description of offense: Conspiracy to commit an offense listed in this Article of UCMJ: 119
appendix Description of offense: Manslaughter

Article of UCMJ: 82 Article of UCMJ: 120


Description of offense: Solicitation to mutiny or commit an act of Description of offense: Rape or carnal knowledge
sedition (see Article 94) Article of UCMJ: 121
Article of UCMJ: 84 Description of offense:
Description of offense: Effecting an unlawful enlistment, appointment, a. Larceny or wrongful appropriation of property, including aircraft or
or separation vessels, of an aggregate value of $1,000 or more
b. Larceny of any motor vehicle of a value of $1,000 or more

AR 195–2 • 30 October 1985 13


Table B–1 Table B–1
—Continued —Continued
c. Larceny or wrongful appropriation of any property of a sensitive Description of offense: Impersonating an officer, warrant officer, non-
nature, as defined in appendix G commissioned or petty officer or agent of superior authority, with intent to
d. Wrongful appropriation of a motor vehicle when damage of $1,000 or defraud
more results
Article of UCMJ: 134
Article of UCMJ: 122 Description of offense: Indecent acts or liberties with a child under the
Description of offense: Robbery age of 16
Article of UCMJ: 123 Article of UCMJ: 134
Description of offense: Forgery Description of offense: Indecent acts with another
Article of UCMJ: 123a Article of UCMJ: 134
Description of offense: Check, worthless, making, drawing, uttering, or Description of offense: Kidnapping
deliving, with intent to defraud (for procurement of any article or thing of
value) in the aggregate amount of $1,000 or more Article of UCMJ: 134
Description of offense: Mail, taking, opening, secreting, destroying, or
Article of UCMJ: 124 stealing
Description of offense: Maiming
Article of UCMJ: 134
Article of UCMJ: 125
Description of offense: Mails, depositing or causing to be deposited
Description of offense: Sodomy
obscene or indecent matters in
Article of UCMJ: 126
Article of UCMJ: 134
Description of offense:
a. Aggravated arson Description of offense: Misprision of a felony
b. Simple arson where property damage is of a value of $1,000 or more Article of UCMJ: 134
Article of UCMJ: 127 Description of offense: Obstructing justice
Description of offense: Extortion Article of UCMJ: 134
Article of UCMJ: 128 Description of offense: Pandering
Description of offense: Article of UCMJ: 134
a. Assault (consummated by a battery) on a child under the age of 16
Description of offense: Perjury, subornation of
years
b. Aggravated assault when the victim is hospitalized as a result Article of UCMJ: 134
Article of UCMJ: 129 Description of offense: Public record, wrongfully altering, concealing,
Description of offense: Burglary, when associated with another crime removing, mutilating, obliterating, or destroying
normally investigated by the USACIDC Article of UCMJ: 134
Article of UCMJ: 130 Description of offense: Soliciting another to commit an offense listed in
Description of offense: Housebreaking, when associated with another this appendix (other than article 94)
crime normally investigated by CID Article of UCMJ: 134
Article of UCMJ: 131 Description of offense: Stolen property, knowingly receiving, buying,
Description of offense: Perjury concealing; of an aggregate value of $1,000 or more

Article of UCMJ: 132 Article of UCMJ: 134


Description of offense: Frauds against the United States when the Description of offense: Threat or hoax, bomb
amount involved is $500 or more.
Article of UCMJ: 134
Description of offense: Assault
a. Indecent
b. With intent to commit voluntary manslaughter, robbery, sodomy, Appendix C
arson, or burglary Preparation of DA Report of Investigation
c. With intent to commit murder or rape
(Appendix C will be publilshed at a later date. MPI will continue
Article of UCMJ: 134 to use their current forms until this appendix is published.)
Description of offense: Bigamy
Article of UCMJ: 134
Description of offense: Bribe or graft: accepting, asking, receiving,
offering, promising, or giving Appendix D
(Appendix D will be published at a later date)
Article of UCMJ: 134
Description of offense: Burning, with intent to defraud
Article of UCMJ: 134
Description of offense: False or unauthorized military pass, permit Appendix E
discharge certificate, or identification card: making, altering, selling, Preparation of the DA Form 2804, Crime Records
possessing, counterfeiting, or using with intent to defraud or deceive Data Reference
Article of UCMJ: 134
Description of offense: False pretenses, obtaining services under, of a E–1. General
value of $1,000 or more Potential investigative assistance can be negated by failure to pro-
vide complete data on DA Form 2804, Crime Records Data Refer-
Article of UCMJ: 134 ence, by misspelling names, or by listing incorrect data. Careful
Description of offense: Homicide, negligent
attention to the completion of this form is essential to its utility.
Article of UCMJ: 134

14 AR 195–2 • 30 October 1985


E–2. Requirement Army element will be coded listing the MCAC of the U.S. Army
A separate DA Form 2804 will be made for each of the following: element to which assigned or attached.
a. Each individual, firm, or other legal entity, listed in the title (7) Spouses or family members of U.S. military personnel will be
block of a report of investigation. If the individual is being deleted coded to reflect the MCAC of their sponsor.
from the title block, the word “Deletion” will be entered in the (8) U.S. military personnel other than U.S. Army will be coded
remarks section of the form. “DF” (Defense Agencies).
b. Each individual, firm, or other legal entity listed as a subject e. Item 5, Social Security Number (SSN). Enter the SSN of the
of DA Form 3975, Military Police Report, forwarded to the U.S. individual, where applicable. For foreign nationals, list passport
Army Crime Records Center, USACIDC, in accordance with AR number, identity card, or other numerical identifier, when available.
190–45. f. Item 6, Aliases/Nicknames. Enter any known alias, nickname,
c. Each individual, U.S. Government agency or organization, pri- maiden name, or other married name used by the individual named
vate firm or corporation, or other legal entity listed as a victim in in Block 1.
the report of investigation. If the individual is being deleted as a g. Item 7, Sex. Enter “M” for males and “F” for females.
victim, the word “Deletion” will be entered in the remarks section h. Item 8, Race. Enter one of the following codes:
of the form.
d. Each alias or other name to include the maiden name and any Table E–1
present or former name of individuals for whom DA Form 2804 has
been prepared in accordance with paragraphs a, b, and c above Code: R
when different personal identifiers (date of birth (DOB) or social Race: Red
security number) are used. All known names and all appropriate Explanation: American Indian—original people of North America
personal identifiers will be listed in item 6, or if insufficient space is
available, in the remarks section or on the reverse of the form. Code: M
Race: Yellow
e. When there is no change in personal identifiers, each alias or
Explanation: Asian/Mongoloid—original people of Asia, including
other name to include the maiden name and any present or former China, Japan, and Korea.
name will be entered in item 6, or, if there is insufficient space, in
the remarks section or on the reverse side of the form. There is no Code: N
requirement to prepare separate forms for each name in this Race: Black
situation. Explanation: Negroid or African—the black racial groups of Africa or
other areas
E–3. Preparation Code: C
The items on DA Form 2804 will be completed as follows (shaded Race: White
blocks will be completed by the U.S. Army Crime Records Center Explanation: Caucasian—original people of Europe, North Africa, or
(USACRC)): Middle East
a. Item 1, Name. Enter the last, first, and middle name of the Code: X
person or name of the firm or legal entity. If deceased, enter Race: Other
“Deceased” immediately following the name. Explanation: A racial identification not included above
b. Item 2, Subject Status Code. USACRC use only.
c. Item 3, Grade. The appropriate entry will be made in accord- Code: Z
Race: Unknown
ance with the following:
Explanation: The racial identification is not known
(1) Military personnel, list the grade of the named individual,
e.g.,“E4,” “W3,” “O5.”
(2) U.S. civilian employees of the U.S. Government, show the i. Item 9, Ethnic Group.
rating of the named individual, e.g., “GS7,” “WG5.” (1) Enter one of the following ethnic codes:
(3) Spouses or family members, show one of the following ab-
breviations to reflect relationship: Table E–2
(a) “DW” for dependent wife
(b) “DH” for dependent husband. Ethnic Code: 6
(c) “DS” for dependent son. Race: Mexican
(d) “DD” for dependent daughter. Explanation: Persons of Mexican descent and Chicanos
(e) “DO” for other dependent. Ethnic Code: 4
(4) Other U.S. civilians, use the abbreviation“CIV.” Race: Puerto Rican
(5) Foreign nationals, reflect nationality, e.g.,“GER,” “KOR,” Explanation: Persons of Puerto Rican descent
“THI.” Ethnic Code: 9
d. Item 4, Major Command Activity Code (MCAC). Enter the Race: Cuban
code if applicable. Explanation: Persons of Cuban descent
(1) See AR 310–49, appendix A, for the two-position codes used
to identify major commands and subcommands. Ethnic Code: S
Race: LATINAMER (Latin-American)
(2) U.S. civilian employees of the U.S. Army will be coded Explanation: Persons of Central and South American descent who
according to the major command or activity to which their organiza- have Spanish heritage
tion of employment is assigned.
(3) U.S. civilian DOD employees (employed by other than U.S. Ethnic Code: 1
Army) will be coded “DF” (Defense Agencies). Race: OTHHISPANIC (Other Hispanic Descent)
Explanation: Persons of Spanish extraction not determined as
(4) Military and civilian Army-Air Force Exchange Service
Mexican, Puerto Rican, Cuban, or Latin American
(AAFES) employees will be coded “JA” (Joint Activities).
(5) Nonappropriated Fund (NAF) activity civilian employees em- Ethnic Code: 8
ployed by the U.S. Army will be coded according to the major Race: Aleut
command or activity responsible for operation of the installation on Explanation: Persons of Aleut descent
which employed. Ethnic Code: 7
(6) Foreign military personnel assigned or attached to a U.S. Race: Eskimo

AR 195–2 • 30 October 1985 15


Table E–2 Table E–3
—Continued —Continued
Explanation: Persons of Eskimo descent not including Aleuts Race Code: R
Ethnic Code: 8, 7, 2
Ethnic Code: 2
Race: USCANINDIAN (U.S./Canadian Indian Tribes) Identity: Asian
Explanation: Persons of U.S. or Canadian Indian tribes other than Aleut Race Code: M, C, N, X, Z
or Eskimo Ethnic Code: G, J, K, 5, D, V, 3, E, W, L, Q
Ethnic Code: G Identity: Pacific Islander
Race: Chinese
Race Code: M, C, N, X, Z
Explanation: Persons of Chinese descent
Ethnic Code: G, J, K, 5, D, V, 3, E, W, L, Q
Ethnic Code: J
Race: Japanese Identity: Black
Explanation: Persons of Japanese descent Race Code: N
Ethnic Code: X, Y, Z
Ethnic Code: K
Race: Korean Identity: White
Explanation: Persons of Korean descent Race Code: C
Ethnic Code: X, Y, Z
Ethnic Code: D
Race: Indian Identity: Hispanic
Explanation: Persons from India and their descendants Race Code: C, N, X, Z
Ethnic Code: 5 Ethnic Code: 6, 4, 9, S, 1
Race: Filipino Identity: Other
Explanation: Persons from the Phillipine Island and their descendants
Race Code: X
Ethnic Code: V Ethnic Code: X, Y, Z
Race: Vietnamese
Explanation: Persons of Vietnamese descent Identity: Unknown
Race Code: Z
Ethnic Code: 3 Ethnic Code: X, Y, Z
Race: OTHASIAN (Other Asian Descent)
Explanation: Persons of Asian descent not determined separately as
Chinese, Japanese, Korean, Indian, Filipino, or Vietnamese j. Item 10, Former Service Number. Enter any previous number
Ethnic Code: E held by the listed individual.
Race: Melanesian k. Item 11, Date of Birth (DOB). Enter the named individual’s
Explanation: Persons of Melanesian descent date of birth using numerical designation for year, month, and day,
Ethnic Code: W in order; e.g., “42–06–20” for 20 June 1942.
Race: Micronesian l. Item 12, Place of Birth (POB). Enter the city and state of birth
Explanation: Persons of Micronesian descent of the named individual. Country of birth will be entered for indi-
viduals born outside the United States.
Ethnic Code: L
Race: Polynesian m. Item 13, Report of Investigation or Military Police Report
Explanation: Persons of Polynesian descent Number (ROI/MPR). All USACIDC elements will enter the ROI
number, if one has been assigned. Otherwise, the CID sequence
Ethnic Code: Q
Race: OTHPACISLAND (Other Pacific Island Descent)
number will be entered. When an ROI number is entered, it will
Explanation: Persons from the Pacific Islands and their descendants include the primary offense code for the case under investigation.
not delineated separately as Melanesian, Micronesian, or Polynesian Military police will enter the MPR number and will include the
primary offense code.
Ethnic Code: X
Race: Other n. Item 14, Survey Code. USACRC use only.
Explanation: Persons who are members of an ethnic group not listed o. Item 15, Other Offense Codes. When an ROI/MPR number
above has been entered in item 13, offense codes other than the primary
Ethnic Code: Y
code will be entered here.
Race: None p. Item 16, Organization and Station. Enter the military unit and
Explanation: Persons not associated with any particular group station to which the individual is assigned. If a military unit is
inapplicable, enter the individual’s address.
Ethnic Code: Z
Race: Unknown q. Item 17, Station Code. USACRC use only.
Explanation: Persons whose ethnic group is unknown r. Item 18, Date Opened. USACRC use only.
s. Item 19, Date Closed. USACRC use only.
(2) Persons listed in the first row below must have only one of t. Item 20, Drug Involvement. USACRC use only.
the corresponding race and ethnic codes. No other ethnic and race u. Item 21, Other Involvement. USACRC use only.
combinations may be used for these persons.
v. Item 22, File Location. USACRC use only.
Table E–3 w. Item 23, Suspect/Subject/Victim. Check the appropriate box.
Military police will indicate subjects only.
x. Item 24, Disposition. USACRC use only.
Identity: American Indian
Race Code: R y. Item 25, Date Reported. Enter the date the complaint was
Ethnic Code: 8, 7, 2 reported to the preparing element.
z. Item 26, Action Taken. When item 23 reflects a check in the
Identity: Alaskan (original people)

16 AR 195–2 • 30 October 1985


“Subject” box, check the appropriate box in item 26 to indicate (1) Ammunition for weapons listed in paragraphs a(1) through
whether a report of action taken has been received. (8) above, with the following exceptions:
(a) Cal..22 rimfire ammunition only in quantities of 10,000
rounds or more.
(b) Ammunition for handguns, shoulder-fired weapons and light
Appendix F automatic weapons up to and including .50 caliber machineguns,
Telephone Name Check Format only in quantities of 1,000 rounds or more.
(2) Bulk explosives.
F–1. General (3) Anti-tank and anti-personnel landmines.
The U.S. Army Crime Records Center (USACRC), USACIDC, will (4) Handgrenades.
conduct records checks on an immediate basis upon receipt of a (5) Demolition charges, demolition kits, explosive kits, etc.
telephonic request from an authorized user of USACRC services. (6) Fuses.
(7) Detonating cord or safety fuze, 100 feet or more.
F–2. Immediate action request procedures
(8) Detonators, distructors, primers, firing devices, squibs, ig-
a. Immediate action requests may be made to USACRC on a 24-
nitors; 50 or more.
hour-a-day basis by telephoning AUTOVON 283–9222, –9223, or
(9) Boosters.
–9224.
(10) Supplementary charges (not assembled to end items).
b. Requests transmitted by facsimile will not exceed 20 names of (11) Explosive bolts, explosive charges, and related items.
the total number that can be listed double spaced on a single sheet (12) Safety and arming devices.
of letter-size paper. (13) Incendiary destroyers.
c. Requests transmitted orally by telephone will not exceed five (14) Fuel thickening compound.
names. (15) Riot control agent, bulk.
d. Search may be requested of the Criminal Records Files, the (16) Warheads and rocket motors.
Defense Central Index for Investigation Files, or both. (17) Missiles and rockets.
e. The requester will be provided the results of the check of the (18) End items of conventional and guided missile ammunition.
USACRC records during the same telephone connection. c. Narcotics and drug abuse substances.
f. The requester will provide the following information when
making a telephone name check:
(1) Requestor’s name, organization, and credential or sequence
number.
(2) The information required.
(3) Authorization for the receipt of the requested information. If
available, military police will provide the military police report
number or the USACRC cross reference number. USACIDC requ-
esters will provide the sequence number or report of investigation
number.
(4) Last name, first name, middle name or initial; date and place
of birth; social security number; and service number of the person
on whom the check is being requested. Omit any element not
available.

F–3. USACRC reply


The USACRC reply will state that no record is on file or will cite
the specific files available. If any USACRC files are involved,
additional data pertaining to the individual(s) will be provided.

F–4. Recording telephone name checks


The results of all telephone name checks will be recorded for ac-
countability and retained in the appropriate USACIDC or military
police file.

Appendix G
Sensitive Items
The theft or suspected theft of the following will be investigated by
the USACIDC without regard for monetary value.
a. Arms.
(1) Handguns, Government owned.
(2) Shoulder-fired weapons, Government owned.
(3) Light automatic weapons up to and including .50 caliber
machineguns.
(4) Recoiless rifles.
(5) Mortars.
(6) Rocket launchers, man portable (see (8) below).
(7) Grenade launchers, rifle and shoulder-fired.
(8) Individual operated weapons which are portable, can be fired
without special mounts or firing devices, have potential use in civil
disturbances, and are vulnerable to theft.
b. Ammunition and explosives.

AR 195–2 • 30 October 1985 17


Glossary CID special agent District
An individual (military or civilian) who has A subordinate operating element of a CID
Section I been accepted or accredited as a criminal in- region normally consisting of 21 or more
Abbreviations vestigator by the Commanding General, CID special agents. It provides CID support
USACIDC, in accordance with AR 195–3. within a specified geographic area of
CID responsibility.
Criminal Investigation Division CID supervisor
A commissioned officer, special agent, or Drug suppression team (DST)
DOJ DA civilian who has been assigned as a A team composed of CID special agents and,
Department of Justice region, laboratory, district, or field office if appropriate, Military Police (MP) used for
commander or executive officer or to other semi-covert employment in criminal investi-
FBI positions within the USACIDC as designated gations and drug suppression and drug-re-
Federal Bureau of Investigation by the Commanding General, USACIDC. lated criminal information collection
Also, a special agent-in-charge of a branch operations at military installations.
IR
Investigator’s Report office or resident agency.
Economic crime (EC)
MPI Controlled substances A loss (normally a loss of property or funds,
Military Police Investigator Those substances defined in Article 112a, but may include nonquantifiable resources
UCMJ (10 U.S.C. 912a). General catagories such as public confidence) to the Govern-
NCIC include, but are not limited to, narcotics, de- ment (not to an individual, although individu-
National Crime Information Center rivatives of the cannabis plant, ampheta- als may be affected, e.g., through increased
mines, barbiturates, hallucinogens, taxes or erosion of benefits) due to the sub-
ROI methaqualone, and phencyclidine. version of a system (that is, the manipulation
Report of Investigation or undermining of a visible system, e.g., the
Crime prevention survey finance system; or less apparent system, e.g.,
SAC A formally recorded review and analysis of public confidence in elected officials; any
Special Agent-in-Charge existing conditions within a specified facility, system which serves the processes of govern-
activity, or area for the purpose of detecting ment) by a component of that system (wheth-
SSI crime, identifying conditions or procedures er the component is permanent, e.g., a
Serious or Sensitive Incident conducive to criminal activity, and minimiz- contracting officer; or temporary, e.g., an in-
ing or eliminating the opportunity to commit dividual contractor, or firm) acting with crim-
USACIDC a criminal offense or engage in criminal ac- inal intent, (e.g., that which distinguishes
U.S. Army Criminal Investigation Command tivity. It seeks to determine the nature, ex- “EC” from simple mismanagement, human
tent, and underlying causes of crime, and error, or noncriminal negligence).
USACRC provides the commander with information for
U.S. Army Crime Records Center
use in the crime prevention program. Felony
USC A criminal offense punishable by death or
Criminal information confinement for more that 1 year.
United States Code
Information compiled in an effort to antici-
pate, prevent, or monitor possible or potential Field office
Section II
criminal activity directed at or affecting the A subordinate operating element of a CID
Terms
U.S. Army or Army personnel. region normally consisting of between 10 and
Army criminal investigation program 20 CID special agents. It provides CID sup-
Includes criminal investigation procedures, Criminal investigation port within a specified geographic area of
techniques, resources, training, and those An investigation of a criminal incident or al- responsibility.
CID communication procedures employed by legation conducted by the USACIDC or MPI.
the USACIDC throughout the Army. Founded offense
Criminal investigative information A criminal offense, the commission of which
Barracks larcenies Information compiled in the course of a crim- has been adequately substantiated by police
Larcenies occurring within the living area of inal investigation. investigation. The determination that a
a barracks environment involving the theft of founded offense exists is made by the appro-
personal property or U.S. Government prop- Criminal justice priate police agency and is not dependent
erty for which the individual soldier is re- Refers to the enforceament of criminal laws, upon judicial decision.
sponsible (e.g., TA–50 property), which theft including efforts to prevent, control, or re-
aggregates less than $1,000. Larcenies from duce crime, or to identify or apprehend crim- Hospitalization
unit supply, arms, day or orderly rooms lo- inals, and to the activities of prosecutors, As used in this regulation, hospitalization
cated within barracks buildings are not con- courts, correctional, probation, pardon, or pa- refers to being admitted to a medical facility
sidered barracks larcenies. role authorities. for more than 24 hours for medical treatment,
not for mere “observation”.
Branch office Criminal offense
The smallest USACIDC operational element, Any criminal act or omission as defined and Juvenile
normally consisting of three or less CID spe- prohibited by the Uniform Code of Military For purposes of this regulation, a person
cial agents. It provides CID support within a Justice, the U.S. Code, State and local codes, under the age of 18 at the time of the offense
specified geographic area of responsibility. foreign law, or international law or treaty. As and who was not then a military member.
used herein, this term does not include mili-
Criminal Investigation Division (CID) tary offenses as defined below. In the case of Military offense
The historic term (and acronym) for matters juveniles, this term refers to those acts which, Any wrongful act or omission which is
specifically identified with USACIDC activi- if committed by an adult, would be subject to unique in the military context and has no
ties or organizations. criminal sanctions. correlative application in a civilian context.

18 AR 195–2 • 30 October 1985


Narcotics subjects, and victims are identified. This sec-
Opium, opium derivatives (morphine, co- tion is similar to the “Subject Block” of the
deine, heroin); synthetic opiates (meperidine, Military Police Report (DA Form 3975).
methadone); the coca leaf, and its derivative,
cocaine. Section III
Special Abbreviations and Terms
Non-narcotic controlled substances There are no special terms.
Those substances or their immediate precur-
sors listed in the current schedules of title 21,
U.S. Code, section 812, which do not contain
a narcotic, such as derivatives of the cannabis
plant (marihuana), amphetamines, barbitu-
rates, hallucinogens, methaqualone, and
phencyclidine.

Preliminary investigation
An examination by the USACIDC of a par-
ticular situation or set of circumstances to
determine if there is reason to believe that a
crime may have occurred, or is about to oc-
cur, and, if so, whether the USACIDC has
investigative authority and responsibility.

Protective services
Those measures taken to provide personal se-
curity to individuals, both domestic and for-
eign, as designated by higher authority.

Region
Regions are the major subordinate command
and control elements of the USACIDC. They
control CID support within an assigned
geographic area.

Report of investigation
An official written record of all pertinent in-
formation and facts obtained in a criminal
investigation.

Resident agency
A resident agency is normally a subordinate
element of a CID field office or district. It
provides CID support within a specified por-
tion of a district’s or field office’s geographic
area of responsibility.

Special agent-in-charge (SAC)


A CID special agent appointed as the super-
visor of a resident agency or branch office.

Special background investigation


An expanded background investigation con-
ducted by the Defense Investigative Service
(DIS) to verify information concerning an in-
dividual’s personal qualifications, loyalty,
and suitability for assignment to a special
position of trust.

Subject
A person about whom probable cause exists
to believe that the person committed a partic-
ular criminal offense.

Suspect
A person about whom some credible infor-
mation exists to believe that the person com-
mitted a particular criminal offense.

Title section of CID report


The section of a CID report where suspects,

AR 195–2 • 30 October 1985 19


Unclassified PIN 002225–000
USAPA
ELECTRONIC PUBLISHING SYSTEM
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DOCUMENT: AR 195–2
DOC STATUS: NEW PUBLICATION

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