Department of the Army, DoD § 635.17

(b) This subpart prescribes reporting (3) Document entries made into the procedures, which require the use of COPS MPRS system and other auto- the COPS MPRS and a systems admin- mated systems. istrator to ensure that the system is (4) Report information concerning in- properly functioning. Reporting re- vestigations conducted by civilian law quirements include— enforcement agencies related to mat- (1) Reporting individual offenders to ters of concern to the U.S. Army. the USACRC, NCIC, CJIS, and the (5) Advise commanders and super- DOD. visors of offenses and incidents involv- (2) Crime reports to the DOD. DOD col- ing personnel or property associated lects data from all the Services uti- with their command or functional re- lizing the Defense Incident-Based Re- sponsibility. porting System (DIBRS). The Army in- (6) Report information developed by puts its data into DIBRS utilizing commanders investigating incidents or COPS. Any data reported to DIBRS is conducting inspections that result in only as good as the data reported into the disclosure of evidence that a crimi- COPS, so the need for accuracy in re- nal offense has been committed. porting incidents and utilizing proper (b) Special use. The DA Form 3975 will offense codes is great. DIBRS data be used to— from DOD is eventually sent to the De- (1) Transmit completed DA Form 3946 partment of Justice’s National Inci- (Military Police Traffic Accident Re- dent-Based Reporting System (NIBRS). port). This will include statements, The data is eventually incorporated sketches, or photographs that are sent into the Uniform Crime Report. to a commander or other authorized of- (c) A Provost Marshal Office/Direc- ficial. torate of Emergency Services initi- (2) Transmit the DD Form 1805 (U.S ating a DA Form 3975 or other military District Court Violation Notice) when police investigation has reporting re- required by local installation or U.S. sponsibility explained throughout this Magistrate Court policy. The DA Form subpart and this part in general. 3975 is used to advise commanders or (d) In the event the Provost Marshal supervisors that military, civilian, or Office/Directorate of Emergency Serv- contract personnel have been cited on a ices determines that their office does DD Form 1805. not have investigative responsibility or (3) Match individual subjects with in- authority, the MPR will be terminated dividual victims or witnesses, and and the case cleared by exceptional founded criminal offenses. This is a clearance. A case cleared by excep- federal statutory requirement. This is tional clearance is closed by the Pro- done using the relationships tab within vost Marshal/Director of Emergency COPS MPRS. Services when no additional investiga- (4) Document victim/witness liaison tive activity will be performed or the activity. case is referred to another agency. If a (c) Distribution. The DA Form 3975 case is transferred to the Provost Mar- will be prepared in three copies, signed shal/Director of Emergency Services by the Provost Marshal/Director of from another law enforcement inves- Emergency Services or a designated tigation agency the Provost Marshal representative, and distributed as fol- Office/Directorate of Emergency Serv- lows— ices will have all reporting responsi- (1) Original to USACRC. Further in- bility using the COPS MPRS system. formation, arising or developed at a later time, will be forwarded to § 635.17 Military Police Report. USACRC using a supplemental DA (a) General Use. DA form 3975 is a Form 3975. Reports submitted to multipurpose form used to— USACRC will include a good, legible (1) Record all information or com- copy of all statements, photographs, plaints received or observed by mili- sketches, laboratory reports, and other tary police. information that substantiates the of- (2) Serve as a record of all military fense or facilitates the understanding police and military police investigator of the report. The USACRC control activity. number must be recorded on every DA

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Form 3975 sent to the USACRC. A re- organization about which credible in- port will not be delayed for adjudica- formation exists that would cause a tion or commander’s action beyond 45 trained law enforcement officer to pre- days. sume that the person, corporation, (2) One copy retained in the Provost other legal entity or organization may Marshal/Director of Emergency Serv- have committed a criminal offense. ices’ files. (c) When investigative activity iden- (3) One copy forwarded through the tifies a subject, all facts of the case field grade commander to the imme- must be considered. When a person, diate commander of each subject or or- corporation, or other legal entity is en- ganization involved in an offense. tered in the subject block of the DA (d) Changing reports for unfounded of- Form 3975, their identity is recorded in fenses. If an offense is determined to be DA automated systems and the DCII. unfounded, after the case has been for- Once entered into the DCII, the record warded to USACRC, the following ac- can only be removed in cases of mis- tions will be completed: taken identity or if an error was made (1) A supplemental DA Form 3975, in applying the credible information using the same MPR number and standard at the time of listing the enti- USACRC control number will be sub- ty as a subject of the report. It is em- mitted stating the facts of the subse- phasized that the credible information quent investigation and that the case error must occur at the time of listing is unfounded. the entity as the subject of the MPR (2) A copy of the supplemental DA rather than subsequent investigation Form 3975 will be provided to those determining that the MPR is un- agencies or activities that received a founded. This policy is consistent with copy of the completed DA Form 3975 at DOD reporting requirements. The Di- the time of submission to USACRC and rector, USACRC enters individuals to the commander for action. from DA Form 3975 into the DCII. § 635.18 Identifying criminal incidents and subjects of investigation. § 635.19 Offense codes. (a) An incident will not be reported (a) The offense code describes, as as a founded offense unless adequately nearly as possible, the complaint or of- substantiated by police investigation. fense by using an alphanumeric code. A person or entity will be reported as Appendix C of AR 190–45 lists the of- the subject of an offense on DA Form fense codes that are authorized for use 3975 when credible information exists within the Army. This list will be that the person or entity may have amended from time to time based on committed a criminal offense. The de- new reporting requirements mandated cision to title a person is an oper- by legislation or administrative proce- ational rather than a legal determina- dures. ACOM, ASCC, DRU commanders tion. The act of titling and indexing and installation Provost Marshals/Di- does not, in and of itself, connote any rectors of Emergency Services will be degree of guilt or innocence; but rath- notified by special letters of instruc- er, ensures that information in a report tion issued in numerical order from of investigation can be retrieved at HQDA, Office of the Provost Marshal some future time for law enforcement General (DAPM–MPD–LE) when addi- and security purposes. Judicial or ad- tions or deletions are made to the list. verse administrative actions will not The COPS MPRS module will be used be based solely on the listing of an in- for all reporting requirements. dividual or legal entity as a subject on (b) ACOM, ASCC, DRU and installa- DA Form 3975. tions may establish local offense codes (b) A known subject will be reported in category 2 (ACOM, ASCC, DRU and to the USACRC when the suspected of- installation codes) for any offense not fense is punishable by confinement of otherwise reportable. Locally estab- six months or more. The COPS MPRS lished offense codes will not duplicate, will be used to track all other known or be used as a substitute for any of- subjects. A subject can be a person, fense for which a code is contained for corporation, or other legal entity, or other reportable incidents. Category 2

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