1-19. Authority to approve or disapprove separation
Commentario: Esta norma permite pero no requiere que la PCF (Centro del Control del Personal) separe (discharge) administrativamente a un soldado por una ausencia de más de 30 días. ...
l. The GCMCA or higher authority at installations having PCFs may delegate the authority to approve separations in lieu of trial by court-martial (see chap 10) to the commander exercising special court-martial convening authority over the Soldier who submitted the request for discharge in cases in which the Soldier -
(1) Has been AWOL for more than 30 days.
(2) Has been dropped from the rolls of his/her unit as absent in desertion.
(3) Has been returned to military control.
(4) Currently is at the PCF.
(5) Is charged only with AWOL for more than 30 days.
Discharge in Lieu of Trial by Court-Martial
10-7. Discharge authority The separation authority will be a commander exercising general court-martial jurisdiction or higher authority. (See para 1-19a.) However, authority to approve discharges may be delegated to the commander exercising special court-martial convening authority over the soldier (see paras 1-19c(5) and 1-19l) in cases in which all of the following apply to the soldier. He/she--
a. Has been AWOL for more than 30 days.
b. Has been dropped from the rolls of his/her unit as absent in desertion.
c. Has been returned to military control.
d. Currently is at the PCF.
e. Is charged only with AWOL for more than 30 days.
3-1. Administrative report
a. The unit commander administratively classifies an absentee as a deserter and completes DD Form 553 when one or more of the following applies:
(1) The facts and circumstances of the absence, without regard to the length of absence, indicate that the Soldier may have committed the offense of desertion, as defined in Article 85, Uniform Code of Military Justice (UCMJ, Art. 85) and paragraphs 4, 6, and 9, and part IV, of the Manual for Courts-Martial (MCM).
(2) The Soldier has been AWOL for 30 consecutive days.
3-2. Processing deserter reports
a. On receipt of reports of desertion or defectors, the provost marshal completes a blotter entry per AR 190-45, paragraph 4-11. This is an initial blotter entry if a previous absentee entry had not been made.
b. The provost marshal then
(1) Ensures that the unit commander has accurately completed a DD Form 553.
(2) Screens installation and state vehicle registration and completes identification portions of the DD Form 553.
(3) In the remarks section of a DD Form 553 adds other known information about the Soldier such as--
(a) Confirmed or suspected drug abuse.
(b) History of violence.
(c) History of escapes or attempted escapes from custody.
(d) Suicidal tendencies.
(e) Suspicion of involvement in violent crimes for which there is a record of an active military police investigation being prepared and forwarded.
(f) History of other unauthorized absence.
(g) Any other information in the apprehension process or to protect the deserter or apprehending authorities.
(4) Initiates a DA Form 3975 (if not previously completed as an AWOL report) and assigns a USACRC crime control number to the case.
(5) Returns the completed DD Form 553 to the unit commander within 24 hours. The provost marshal retains a copy of the DD Form 553.
(6) Follows the procedures in paragraph 33 for special category absentees.
c. Within 48 hours of the Soldier being DFR of the unit the unit commander forwards the DD Form 553, with associated documents, through the personnel service center to Chief, U.S. Army Deserter Information Point, ATTN: ATZK-PMF-D, Bldg 1481 Old Ironsides Avenue, Fort Knox, KY 40121-5238.
3-5. U.S. Army Deserter Information Point procedures
a. The Chief, USADIP
(1) Verifies information on the DD Form 553 with permanent personnel records at the Human Resources Command.
(2) Enters the Soldier's name into the NCIC.
(3) Forwards a copy of the DD Form 553 to all Federal, State, and local law enforcement agencies that may be involved in the apprehension process.
(4) Forwards a copy of the DD Form 553 to the provost marshal nearest the deserter's home of record.
(5) Forwards a copy of the DD Form 553 to the USACRC, ensuring the USACRC control number is legible.
b. The Army entry into the NCIC wanted person file normally is sufficient to support civilian police apprehension assistance.
5-2. Action on return to military control
c. Absentees and deserters being held temporarily by civilian authorities are returned to military control as soon as possible. Military authorities should strive to return absentees or deserters to military control within 48 hours after being notified of their whereabouts and impending release.