Department of the Army, Dod § 635.5

Department of the Army, DoD § 635.5

(3) DOD civilian personnel may be re- ligence is developed to the point where quested to produce their appropriate it factually establishes a criminal of- service identification. DA Form 1602 fense, an investigation by the military (Civilian Identification) may be re- police, U.S. Army Criminal Investiga- quested from DA civilian employees. If tion Command (USACIDC) or other in- unable to produce such identification, vestigative agency will be initiated. DOD civilians may be requested to pro- The crimes in §§ 635.5b(2) and (3) will be vide other verifying documentation. reported to the nearest Army counter- (4) Non-DOD civilians, including fam- intelligence office as required by AR ily members and those whose status is 381–12. unknown, will be advised of the provi- (b) Information on persons and orga- sions of the Privacy Act Statement nizations not affiliated with DOD may when requested to disclose their SSN. not normally be acquired, reported, (d) Requests for new systems of mili- processed or stored. Situations justi- tary police records, changes to existing fying acquisition of this information systems, and continuation systems, include, but are not limited to— not addressed in existing public notices (1) Theft, destruction, or sabotage of will be processed as prescribed in AR weapons, ammunition, equipment fa- 340–21, after approval is granted by cilities, or records belonging to DOD HQDA, OPMG (DAPM–MPD–LE). units or installations. (2) Possible compromise of classified § 635.4 Administration of expelled or defense information by unauthorized barred persons file. disclosure or espionage. (a) When action is completed by an (3) Subversion of loyalty, discipline, installation commander to bar an indi- or morale of DA military or civilian vidual from the installation under 18 personnel by actively encouraging vio- U.S.C. 1382 the installation Provost lation of laws, disobedience of lawful Marshal/Director of Emergency Serv- orders and regulations, or disruption of ices will be provided— military activities. (1) A copy of the letter or order bar- (4) Protection of Army installations ring the individual. and activities from potential threat. (2) Reasons for the bar. (5) Information received from the (3) Effective date of the bar and pe- FBI, state, local, or international law riod covered. enforcement agencies which directly (b) The Provost Marshal/Director of pertain to the law enforcement mission Emergency Services will maintain a and activity of the installation Provost list of barred or expelled persons. When Marshal Office/Directorate of Emer- the bar or expulsion action is predi- gency Services, ACOM, ASCC or DRU cated on information contained in Provost Marshal Office Directorate of military police investigative records, Emergency Services, or that has a the bar or expulsion document will ref- clearly identifiable military purpose erence the appropriate military police and connection. A determination that record or MPR. When a MPR results in specific information may not be col- the issuance of a bar letter the Provost lected, retained or disseminated by in- Marshal/Director of Emergency Serv- telligence activities does not indicate ices will forward a copy of the bar let- that the information is automatically ter to Director, USACRC to be filed eligible for collection, retention, or with the original MPR. The record of dissemination under the provisions of the bar will also be entered into COPS, this part. The policies in this section in the Military Police Reporting Sys- are not intended and will not be used tem module, under Barrings. to circumvent any federal law that re- stricts gathering, retaining or dissemi- § 635.5 Police Intelligence/Criminal In- nation of information on private indi- formation. viduals or organizations. (a) The purpose of gathering police (c) Retention and disposition of infor- intelligence is to identify individuals mation on non-DOD affiliated individ- or groups of individuals in an effort to uals and organizations are subject to anticipate, prevent, or monitor pos- the provisions of AR 380–13 and AR 25– sible criminal activity. If police intel- 400–2.

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(d) Police intelligence such as lease is accomplished in accordance TALON events will be captured by uti- with AR 340–21. lizing the TALON report format. These (b) Checks will be accomplished by a reports will be identified as ‘‘Pre- review of the COPS MPRS. Information TALON’’ reports. The Provost Marshal will be disseminated according to sub- Office/Directorate of Emergency Serv- part B of this part. ices will forward these reports to the (c) In response to a request for local counterintelligence activity which sup- files or name checks, Provost Marshals/ ports their installation/area. The coun- Directors of Emergency Services will terintelligence activity will determine release only founded offenses with final if the suspicious incident/activity disposition. Offenses determined to be should be entered into the DoD TALON unfounded will not be released. These reporting system. The counterintel- limitations do not apply to requests ligence activity will inform the sub- submitted by law enforcement agencies mitting Army law enforcement agency for law enforcement purposes, and as to whether or not the ‘‘Pre-Talon’’ counterintelligence investigative agen- report was submitted into the DoD cies for counterintelligence purposes. TALON reporting system. (d) COPS MPRS is a database, which (e) In addition to Pre-TALON report- will contain all military police reports ing, Installation Law Enforcement filed worldwide. Authorized users of Agencies/Activities will also comply COPS MPRS can conduct name checks with their Combatant Command’s poli- for criminal justice purposes. To con- cies regarding the reporting of sus- duct a name check, users must have ei- picious activities or events which meet ther the social security number/foreign established criteria. national number, or the first and last (f) If a written extract from local po- name of the individual. If a search is lice intelligence files is provided to an done by name only, COPS MPRS will authorized investigative agency, the return a list of all matches to the data following will be included on the trans- entered. Select the appropriate name mittal documents: ‘‘THIS DOCUMENT from the list. IS PROVIDED FOR INFORMATION (e) A successful query of COPS MPRS AND USE. COPIES OF THIS DOCU- would return the following informa- MENT, ENCLOSURES THERETO, AND tion: INFORMATION THEREFROM, WILL (1) Military Police Report Number; NOT BE FURTHER RELEASED WITH- (2) Report Date; OUT THE PRIOR APPROVAL OF THE INSTALLATION PROVOST MAR- (3) Social Security Number; SHAL/DIRECTOR OF EMERGENCY (4) Last Name; SERVICES.’’ (5) First Name; (g) Local police intelligence files may (6) Protected Identity (Y/N); be exempt from certain disclosure re- (7) A link to view the military police quirements by AR 25–55 and the Free- report; and dom of Information Act (FOIA). (8) Whether the individual is a subject, victim, or a person related to the § 635.6 Name checks. report disposition. (a) Information contained in military (f) Name checks will include the cri- police records may be released under teria established in COPS MPRS and the provisions of AR 340–21 to author- the USACRC. All of the policies and ized personnel for valid background procedures for such checks will con- check purposes. Examples include child form to the provisions of this part. Any care/youth program providers, access exceptions to this policy must be co- control, unique or special duty assign- ordinated with HQDA, Office of the ments, and security clearance proce- Provost Marshal General before any dures. Any information released must name checks are conducted. The fol- be restricted to that necessary and rel- lowing are examples of appropriate evant to the requester’s official pur- uses of the name check feature of pose. Provost Marshals/Directors of COPS MPRS: Emergency Services will establish (1) Individuals named as the subjects written procedures to ensure that re- of serious incident reports.

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