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MCO P5800.16A MARINE CORPS MANUAL FOR LEGAL ADMINISTRATION (31 Aug 99 with changes through 10 Feb 2014)

Comments: To view or download the complete regulation, click on the link to it in the box above these comments.


1. If a Marine -

a. Is absent from the parent command without authority over 30 days; or

b. Is believed to have gone to or is remaining in a foreign country, and to have applied for or accepted any type of asylum or residency permit from such country, or any governmental agency thereof; or

c. Is an escaped prisoner (see paragraph 5012 for detailed instructions); or

d. Is reported as being in an unauthorized absence status who has had access to Top Secret information during the last 12 months; or

e. Whose location is known, Commanders may publish a DD Form 553 to ensure the Marine is apprehended with dispatch.

2. Then take the following actions -


d. Prepare and distribute the DD Form 553


(7) Immediately upon completion of the Signature Time/Date Block (entry (18f)), the DD Form 553 must be submitted electronically or by facsim ile to CMC (PSL) in order to comply with NCIC Operating Standards for "Warrants For Wanted Persons.” Due to guidelines set forth in the FBI, NCIC 2000 Operating Manual 1.1, a DD Form 553 must be entered into the NCIC terminal immediately or within a 5 hour time period from the date of signature.




3. Assignment of Marines Returning to Military Control

a. Absentees will remain on the rolls of their parent organization upon RMC. Deserters RMC will be assigned as delineated in Table 5-1. In cases involving special or unusual circumstances, CMC (PSL) is authorized to deviate from Table 5-1 and direct assignment to other commands.

b. Upon delivery of the Marine to the major command by crosscountry escorts, subsequent assignment within the command is a local matter. A major command is defined as one, which has a general courtmartial convening authority (GCMCA); a unit is defined as the specific battalion, squadron, etc.

c. Deserters who are RMC after an absence of less than 180 days will be returned to the major command from which absent. Deserters absent greater than 180 days, with the exception of those pending administrative or disciplinary action at the command from which absent, will be reassigned to the non-operating force major command nearest the point of apprehension or surrender, and based upon their location (i.e. East/West of Mississippi) as depicted in Note 2 of Table 5-1.

Comments: This regulation allows but does not require Marines absent 180 days to be discharged administratively at Quantico, Lejeune, Pendleton, Cherry Point, Miramar, Parris Island, or San Diego.