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  <FDSYS>
    <CFRTITLE>32</CFRTITLE>
    <CFRTITLETEXT>National Defense</CFRTITLETEXT>
    <VOL>6</VOL>
    <DATE>2002-07-01</DATE>
    <ORIGINALDATE>2002-07-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>MILITARY PERSONNEL</TITLE>
    <GRANULENUM>I</GRANULENUM>
    <HEADING>SUBCHAPTER I</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 32" SEQ="1">National Defense</PARENT>
      <PARENT HEADING="Subtitle A" SEQ="0">Department of Defense (Continued)</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SUBCHAP>
    <HD SOURCE="HED">SUBCHAPTER I—MILITARY PERSONNEL</HD>
    <PART>
      <EAR>Pt. 881</EAR>
      <HD SOURCE="HED">PART 881—DETERMINATION OF ACTIVE MILITARY SERVICE AND DISCHARGE FOR CIVILIAN OR CONTRACTUAL GROUPS</HD>
      <CONTENTS>
        <SECHD>Sec.</SECHD>
        <SECTNO>881.1</SECTNO>
        <SUBJECT>Applying for discharge.</SUBJECT>
        <SECTNO>881.2</SECTNO>
        <SUBJECT>Screening the application.</SUBJECT>
        <SECTNO>881.3</SECTNO>
        <SUBJECT>Individual Service Review Board.</SUBJECT>
        <SECTNO>881.4</SECTNO>
        <SUBJECT>Processing the application.</SUBJECT>
        <SECTNO>881.5</SECTNO>
        <SUBJECT>If an application is approved.</SUBJECT>
        <SECTNO>881.6</SECTNO>
        <SUBJECT>If an application is denied.</SUBJECT>
        <SECTNO>881.7</SECTNO>
        <SUBJECT>Discharge upgrade.</SUBJECT>
        <SECTNO>881.8</SECTNO>
        <SUBJECT>Disposition of documents.</SUBJECT>
        <SECTNO>881.9</SECTNO>
        <SUBJECT>Form prescribed.</SUBJECT>
        <APP>Appendix A to Part 881—Glossary of Terms</APP>
      </CONTENTS>
      <AUTH>
        <HD SOURCE="HED">Authority:</HD>
        <P>38 U.S.C. 106.</P>
      </AUTH>
      <SOURCE>
        <HD SOURCE="HED">Source:</HD>
        <P>64 FR 33400, June 23, 1999, unless otherwise noted.</P>
      </SOURCE>
      <SECTION>
        <SECTNO>§ 881.1</SECTNO>
        <SUBJECT>Applying for discharge.</SUBJECT>
        <P>(a) Who may apply.</P>
        <P>(1) You may apply for discharge if you were a member of a recognized group. A spouse, next of kin, or legal representative may apply on behalf of a deceased or mentally incompetent person. Proof of death or mental incompetency must accompany such an application.</P>
        <P>(b) Where to apply.</P>
        <P>(1) Send your application for discharge to the Directorate of Personnel Program Management, Separations Branch, HQ AFPC/DPPRS, 550 C Street West, Suite 11, Randolph AFB, TX 78150-4713.</P>
        <P>(c) How to apply.</P>
        <P>(1) Fill out DD Form 2168, <E T="03">Application for Discharge of Member or Survivor of Member of Group Certified to Have Performed Active Duty With the Armed Forces of the U.S.,</E> or write a letter.</P>
        <P>(2) Obtain DD Form 2168 from HQ AFPC/DPRS, 550 C Street West, Suite 11, Randolph AFB, TX 78150-4713 or the National Personnel Records Center (NPRC), 9700 Page Boulevard, St. Louis, MO 63132.</P>
        <P>(3) Make your application as complete as possible; the burden of proof is on you. Provide all available evidence to document your membership in the group and what services you performed.</P>
        <P>(d) Documentation may include:</P>
        <P>(1) Flight logbooks.</P>
        <P>(2) Separation or discharge certificates.</P>
        <P>(3) Mission orders.</P>
        <P>(4) Identification cards.</P>
        <P>(5) Contracts.</P>
        <P>(6) Personnel action forms.</P>
        <P>(7) Employment records.</P>
        <P>(8) Education certificates and diplomas.</P>
        <P>(9) Pay vouchers.</P>
        <P>(10) Certificates of awards.</P>
        <P>(11) Casualty information.</P>
        <P>(e) The Air Force will not under any circumstances provide or pay for legal representation for you.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 881.2</SECTNO>
        <SUBJECT>Screening the applications.</SUBJECT>
        <P>(a) HQ AFPC/DPPRS reviews your application and does one of the following:</P>
        <P>(1) Refers your application to another military department and sends you a written notice or a copy of the referral letter.</P>
        <P>(2) Returns your application without prejudice if the Secretary of the Air Force has not determined whether members of your group are certified for discharge. You may resubmit the application after the Secretary determines that your group is certified.</P>
        <P>(3) Refers applications made by a group (or individuals on behalf of a group) to the Secretary of the Air Force, Manpower, Reserve Affairs and installations, Personnel Council (AFPC), The Pentagon, Washington, DC 20330 for further review. This Part does not cover such applications.</P>
        <P>(4) Returns the application to you if it is complete.</P>
        <P>(5) Refers all complete applications to the Individual Service Review Board for further consideration.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 881.3</SECTNO>
        <SUBJECT>Individual Service Review Board.</SUBJECT>

        <P>(a) The Commander, Headquarters Air Force Personnel Center (HQ AFPC/CC) establishes the Individual Service Review Board as necessary.<PRTPAGE P="180"/>
        </P>
        <P>(b) The Board consists of military members in grade Lieutenant Colonel or higher, and civilian members, grade GS-12 or higher, appointed by the HQ AFPC/CC. Three members constitute a quorum. The senior member acts as Board chairperson. A nonvoting member keeps a record of the Board's actions on an application.</P>
        <P>(c) The Directorate of Personnel Program Management, Separations Branch, HQ AFPC/DPPRS, 550 C Street West, Suite 11, Randolph AFB, TX 78150-4713, provides administrative support to the Board.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 881.4</SECTNO>
        <SUBJECT>Processing the application.</SUBJECT>
        <P>(a) Individual Service Review Board meets in closed session to consider the application, the evidence submitted, and other relevant information. Applicants or their representatives do not have the right to appear before the Board.</P>
        <P>(b) The Board:</P>
        <P>(1) Evaluates the evidence.</P>
        <P>(2) Decides whether the applicant was a member of a recognized group during dates of its qualification.</P>
        <P>(3) Decides whether to approve the application for discharge.</P>
        <P>(4) Determines the period and character of the applicant's service.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 881.5</SECTNO>
        <SUBJECT>If an application is approved.</SUBJECT>

        <P>(a) If the Board approves an application for discharge and determines that it should be honorable, HQ AFPC/DPPRSO issues the applicant a DD Form 256AF, Honorable Discharge, and a DD Form 214, <E T="03">Certificate of Release or Discharge from Active Duty</E> under AFI 36-3202, <E T="03">Separation Documents</E> (formerly AFR 35-6).</P>
        <P>(b) Enter a military grade on the DD Form 214 only if the Administrator of Veterans’ Affairs requests it.</P>

        <P>(c) Enter a pay grade on the DD Form 214 only for individuals who were killed or received service-related injuries or disease during the approved period of service. For proof of grade criteria, see DoD 1000.20, <E T="03">Determinations of Active Military Service and Discharge Civilian or Contractual Personnel,</E> section E, paragraph 3g.</P>
        <P>(d) If the Board approves an application for discharge but determines that it should be “under honorable conditions” (general discharge), it forwards the case to the Air Force Personnel Council (AFPC) for final decision. HQ AFPC/DPPRSO, 550 C Street West, Suite 20, Randolph AFB, TX 78150-4722, then issues the appropriate discharge certificate and a DD Form 214 to the applicant.</P>

        <P>(e) To appeal the characterization of a discharge, submit DD Form 149, <E T="03">Application for Correction of Military Record Under the Provisions of Title 10, U.S.C., Section 1552,</E> to the Secretary of the Air Force through the Air Force Review Boards Office (SAF/MIBR).</P>

        <P>(f) If the member dies or is declared missing during the period of equivalent active military duty, the Directorate of Casualty Matters (HQ AFPC/DPW) issues DD Form 1300, <E T="03">Report of Casualty,</E> including military pay grade, to the next of kin or a designated representative, according to DODI 1300.18, <E T="03">Military Personnel Casualty Matters, Policies and Procedures,</E> and AFI 36-3002, <E T="03">Casualty Services</E> (formerly AFR 30-25).</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 881.6</SECTNO>
        <SUBJECT>If an application is denied.</SUBJECT>
        <P>(a) Once the Board has decided your case, HQ AFPC/DPPRS notifies you:</P>
        <P>(1) If the Board denied your application for discharge because there is insufficient evidence to show that you belonged to a qualifying group.</P>
        <P>(2) If the Board determines that your service cannot be characterized as “under honorable conditions.”</P>
        <P>(b) You have 60 days from the date of this notice to submit additional evidence or information to HQ AFPC/DPPRS, 550 C Street West, Suite 11, Randolph AFB, TX 78150-4713.</P>
        <P>(c) If after 60 days you have submitted new evidence, the Board reviews the case again. If the Board determines that your application now merits approval, it proceeds according to paragraph (e).</P>
        <P>(d) If you do not submit additional evidence or if, after review, the Board determines that your application should be denied, it forwards the case to the AFPC for final decision.</P>
        <P>(e) HQ AFPC/DPPRS notifies you of the final decision.</P>
        <P>(f) If your application is denied, the Board returns it to you without prejudicing any later consideration.</P>
      </SECTION>
      <SECTION>
        <PRTPAGE P="181"/>
        <SECTNO>§ 881.7</SECTNO>
        <SUBJECT>Discharge upgrade.</SUBJECT>

        <P>If you are approved for a General Discharge, you may apply to the Air Force Discharge Review Board for discharge upgrade under AFI 36-3201, <E T="03">Air Force Discharge Review Board</E> (formerly AFR 20-10) or to the Air Force Board for Correction of Military Records under AFI 36-2603, <E T="03">Air Force Board for Correction of Military Records</E> (formerly AFR 31-3). SAF/MIBR provides copies of these instructions and application forms to individuals who received a General Discharge.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 881.8</SECTNO>
        <SUBJECT>Disposition of documents.</SUBJECT>
        <P>(a) File a copy of the application, supporting evidence, and DD Form 214 in the Master Personnel Records Groups maintained at the National Personnel Records Center, St. Louis, MO 63132, for approved cases. Send copies of DD Form 214 to:</P>
        <P>(1) The applicant.</P>
        <P>(2) The Veterans' Administration.</P>
        <P>(3) HQ AFPC/DPPRS, 550 C Street West, Suite 11, Randolph AFB, TX 78150-4713.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 881.9</SECTNO>
        <SUBJECT>Form prescribed.</SUBJECT>
        <P>The following form, DD Form 2168, <E T="03">Application for Discharge of Member or Survivor of Member of a Group Certified To Have Performed Active Duty With the Armed Forces of the U.S.</E>, is required for processing the stated claims.</P>
      </SECTION>
      <APPENDIX>
        <EAR>Pt. 881, App. A</EAR>
        <HD SOURCE="HED">Appendix A to Part 881—Glossary of Terms</HD>
        <P>
          <E T="03">Active Military Service</E>—See 38 U.S.C. 106.</P>
        <P>
          <E T="03">Civilian or Contractual Group</E>—An organization whose members rendered service to the U.S. Air Force or a predecessor organization during a period of armed conflict. In that capacity the members were considered civilian employees with the Armed Forces or contractors with the U.S. Government, providing direct support to the Armed Forces. An example of such a group is the Women's Air Force Service Pilots, who were Federal civilian employees attached to the U.S. Army Air Force during World War II.</P>
        <P>
          <E T="03">Discharge</E>—Complete severance from the active military service. The discharge includes a reason and characterization of service.</P>
        <P>
          <E T="03">Recognized Group</E>—A group whose service the Secretary of the Air Force has determined was “active duty for the purposes of all laws administered by the Department of Veterans’ Affairs,” such as VA benefits under 38 U.S.C. 106.</P>
      </APPENDIX>
    </PART>
    <PART>
      <EAR>Pt. 884</EAR>
      <HD SOURCE="HED">PART 884—DELIVERY OF PERSONNEL TO UNITED STATES CIVILIAN AUTHORITIES FOR TRIAL</HD>
      <CONTENTS>
        <SECHD>Sec.</SECHD>
        <SECTNO>884.0</SECTNO>
        <SUBJECT>Purpose.</SUBJECT>
        <SECTNO>884.1</SECTNO>
        <SUBJECT>Authority.</SUBJECT>
        <SECTNO>884.2</SECTNO>
        <SUBJECT>Assigned responsibilities.</SUBJECT>
        <SECTNO>884.3</SECTNO>
        <SUBJECT>Placing member under restraint pending delivery.</SUBJECT>
        <SECTNO>884.4</SECTNO>
        <SUBJECT>Release on bail or recognizance.</SUBJECT>
        <SECTNO>884.5</SECTNO>
        <SUBJECT>Requests under the interstate agreement on Detainer's Act.</SUBJECT>
        <SECTNO>884.6</SECTNO>
        <SUBJECT>Requests by Federal authorities for military personnel stationed within the United States and its possessions.</SUBJECT>
        <SECTNO>884.7</SECTNO>
        <SUBJECT>Requests by state and local authorities when the requested member is located in that state.</SUBJECT>
        <SECTNO>884.8</SECTNO>
        <SUBJECT>Request for delivery by state authorities when the member is located in a different state.</SUBJECT>
        <SECTNO>884.9</SECTNO>
        <SUBJECT>Requests for custody of members stationed outside the United States.</SUBJECT>
        <SECTNO>884.10</SECTNO>
        <SUBJECT>Returning members, employees, and family members from overseas.</SUBJECT>
        <SECTNO>884.11</SECTNO>
        <SUBJECT>Procedures for return of an Air Force member to the United States.</SUBJECT>
        <SECTNO>884.12</SECTNO>
        <SUBJECT>Delays in returning members to the United States.</SUBJECT>
        <SECTNO>884.13</SECTNO>
        <SUBJECT>Denials of a request for return of a member to the United States.</SUBJECT>
        <SECTNO>884.14</SECTNO>
        <SUBJECT>Compliance with court orders by civilian employees and family members.</SUBJECT>
        <SECTNO>884.15</SECTNO>
        <SUBJECT>Procedures involving a request by Federal or state authorities for custody of an overseas civilian employee or a command-sponsored family member.</SUBJECT>
        <SECTNO>884.16</SECTNO>
        <SUBJECT>Reporting requests for assistance and action.</SUBJECT>
        <SECTNO>884.17</SECTNO>
        <SUBJECT>Commander's instruction letter to member.</SUBJECT>
        <SECTNO>884.18</SECTNO>
        <SUBJECT>Civilian authority's acknowledgment of transfer of custody and agreement to notify member's commander.</SUBJECT>
      </CONTENTS>
      <AUTH>
        <HD SOURCE="HED">Authority:</HD>
        <P>10 U.S.C. 814; 10 U.S.C. 8013; Sec. 721(a), Pub. L. 100-456, 102 Stat. 2001.</P>
      </AUTH>
      <SOURCE>
        <HD SOURCE="HED">Source:</HD>
        <P>65 FR 64348, Oct. 27, 2000, unless otherwise noted.</P>
      </SOURCE>
      <SECTION>
        <SECTNO>§ 884.0</SECTNO>
        <SUBJECT>Purpose.</SUBJECT>
        <P>This part establishes procedures for making Air Force members, civilian personnel, and family members available to U.S. civilian authorities for trial or specified court appearances. It implements 32 CFR part 146. This part does not confer any rights, benefits, privileges, or form of due process procedure upon any individuals.</P>
      </SECTION>
      <SECTION>
        <PRTPAGE P="182"/>
        <SECTNO>§ 884.1</SECTNO>
        <SUBJECT>Authority.</SUBJECT>
        <P>A general court martial convening authority (GCMCA) may authorize delivery of a member of that command to Federal or state civil authorities. The GCMCA may delegate this authority to an installation or equivalent commander. See AFPD 51-10, Making Military Personnel, Employees, and Dependents Available to Civilian authorities,<SU>1</SU>
          <FTREF/> paragraphs 8 and 9 for sources of authority.</P>
        <FTNT>
          <P>
            <SU>1</SU> Air Force publications may be obtained through NTIS, 5285 Port Royal Road, Springfield, VA 22161, if not available online at http://afpubs.hq.af.mil.</P>
        </FTNT>
      </SECTION>
      <SECTION>
        <SECTNO>§ 884.2</SECTNO>
        <SUBJECT>Assigned responsibilities.</SUBJECT>
        <P>(a) The Under Secretary of Defense (USD), Personnel &amp; Readiness (P&amp;R), is the denial authority for all requests for return of members to the United States for delivery to civilian authorities when the request falls under § 884.9(e).</P>
        <P>(b) The Air Force Judge Advocate General (TJAG) may approve requests that fall under § 884.9(e) or recommend denial of such requests. TJAG or a designee may approve or deny:</P>
        <P>(1) Requests for return of members to the United States for delivery to civilian authorities when the request falls under § 884.9(f).</P>
        <P>(2) Requests for delays of up to 90 days completing action on requests for return of members to the United States for delivery to civilian authorities.</P>
        <P>(c) The Air Force Legal Services Agency's Military Justice Division (HQ AFLSA/JAJM), 172 Luke Avenue, Suite 343, Bolling AFB, DC 20332-5113, processes requests for return of members to the United States for delivery to civilian authorities and notifies requesting authorities of decisions on requests. HQ AFLSA/JAJM completes action on requests within 30 days after receipt of the request, unless a delay is granted; they send all reports and notifications to USD/P&amp;R and to the DoD General Counsel (DoD/GC), as required by this part; and they handle all communications with requesters.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 884.3</SECTNO>
        <SUBJECT>Placing member under restraint pending delivery.</SUBJECT>
        <P>Continue restraint only as long as is reasonably necessary to deliver the member to civilian authorities. See AFPD 51-10, paragraph 5. To determine whether probable cause exists and whether a reasonable belief exists that restraint is necessary, the commander should refer to the Manual for Courts-Martial (MCM), 1984, specifically, Rules for Courts-Martial (RCM) 305(h)(2)(B), and the discussion following it. The requirement for the formal review of restraint found in MCM 1984, RCM 305, and AFI 51-201, Military Justice Guide,<SU>2</SU>
          <FTREF/> does not apply.</P>
        <FTNT>
          <P>
            <SU>2</SU> See footnote in § 884.1.</P>
        </FTNT>
      </SECTION>
      <SECTION>
        <SECTNO>§ 884.4</SECTNO>
        <SUBJECT>Release on bail or recognizance.</SUBJECT>
        <P>(a) Before delivering an Air Force member to a civilian authority, the commander or designee directs the member in writing to report to a designated Air Force unit, activity, or recruiting office for further instructions in the event the civilian authority releases the member (see § 884.17). The commander designates the member's unit, if the civilian authority is in the immediate vicinity of the member's base. The commander advises the designated Air Force unit, activity, or recruiting office of the situation. Once the member has been released and has reported to the designated authority, it immediately sends the member's name, rank, Social Security number (SSN). organization, and other pertinent information to the member's commander, who then provides further instructions.</P>
        <P>(b) The member's commander notifies the military personnel flight (MPF) of the situation. In turn, the MPF provides an information copy to the Air Force Personnel Center (AFPC) assignment office responsible for the member's Air Force specialty code (AFSC), as listed in AFMAN 36-2105, Officer Classification,<SU>3</SU>
          <FTREF/> or AFMAN 36-2108, Airman Classification. <SU>3</SU> If contact cannot be made with the member's commander, the Air Force unit, activity, or recruiting office previously designated by the commander obtains instructions from HQ AFPC/DPMARS or DPMRPP2.</P>
        <FTNT>
          <P>
            <SU>3</SU> See footnote in § 884.1.</P>
        </FTNT>
      </SECTION>
      <SECTION>
        <PRTPAGE P="183"/>
        <SECTNO>§ 884.5</SECTNO>
        <SUBJECT>Requests under the interstate agreement on Detainer's Act.</SUBJECT>

        <P>When either the prisoner or state authorities make a request under the Detainer's Act, follow the procedures in Title 18 U.S.C. App. Section 1, <E T="03">et seq.</E> The Act applies only to a person who has entered upon a term of imprisonment in a penal or correctional institution and is, therefore inapplicable to members in pretrial confinement.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 884.6</SECTNO>
        <SUBJECT>Requests by Federal authorities for military personnel stationed within the United States and its possessions.</SUBJECT>
        <P>(a) When Federal authorities request the delivery of service members, the Air Force will normally deliver service members when the request is accompanied by a warrant issued pursuant to the Federal Rules of Criminal Procedure, rule 4, or when a properly identified Federal officer represents that such a warrant has been issued.</P>
        <P>(b) A U.S. marshal, deputy marshal, or other officer authorized by law will call for and take into custody persons desired by Federal authorities for trial. The officer taking custody must execute a statement in substantially the form set out in § 884.18.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 884.7</SECTNO>
        <SUBJECT>Requests by state and local authorities when the requested member is located in that state.</SUBJECT>
        <P>(a) The Air Force normally will turn over to the civilian authorities of the state, upon their request. Air Force members charged with an offense against state or local law. Each request by such civilian authorities for the surrender of a member of the Air Force should normally be accompanied by a copy of an indictment, information, or other document used in the state to prefer charges, or a warrant that reflects the charges and is issued by a court of competent jurisdiction.</P>
        <P>(b) Before making delivery to civilian authorities of a state, the commander having authority to deliver will obtain a written agreement, substantially in the form of § 884.18, from a duly authorized officer of the state.</P>
        <P>(c) Where the state authority cannot agree to one or more of the conditions set out in the form, the commander may authorize modification. The requirements of the agreement are substantially met when the state authority informs the accused's commander of the accused's prospective release for return to military authorities and when the state furnishes the accused transportation back to his or her station, together with necessary funds to cover incidental expenses en route. The accused's commander provides copies of the statement or agreement of this section and in § 884.6(b) to the civilian authority to whom the member was delivered and to the Air Force unit, activity, or recruiting office nearest to the place of trial designated in the agreement as the point of contact in the event of release on bail or on recognizance (see § 884.4). The accused's commander immediately notifies the civilian authority if the member has been discharged from the Air Force.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 884.8</SECTNO>
        <SUBJECT>Request for delivery by state authorities when the member is located in a different state.</SUBJECT>
        <P>(a) This part applies to members who are located in the United States. With respect to the extradition process, Air Force personnel have the same status as persons not in the Armed Forces. Accordingly, if a state other than the state in which the member is located requests the delivery of a military member, in the absence of a waiver of extradition process by the member concerned, that state must use its normal extradition procedures to make arrangements to take the individual into custody in the state where he or she is located.</P>
        <P>(b) The Air Force will not transfer a military member from a base within one state to a base within another state for the purpose of making the member amenable to prosecution by civilian authorities.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 884.9</SECTNO>
        <SUBJECT>Requests for custody of members stationed outside the United States.</SUBJECT>
        <P>(a) Authority. This section implements Pub. L. 100-456, section 721(a), and DoD Directive 5525.9, December 27, 1988.</P>

        <P>(b) The Air Force expects members to comply with orders issued by Federal or state court of competent jurisdiction, unless noncompliance is legally <PRTPAGE P="184"/>justified. Air Force members who persist in noncompliance are subject to adverse administrative action, including separation for cause under AFI 36-3206, Administrative Discharge Procedures, and AFI 36-3208, Administrative Separation of Airmen.</P>
        <P>(c) Air Force officials will ensure that members do not use assignments or officially sponsored residence outside the United States to avoid compliance with valid orders of Federal or state court of competent jurisdiction.</P>
        <P>(d) Noncompliance with a court order may be legally justified when the individual can adequately demonstrate that the conduct, which is the subject of the complaint or request, was sanctioned by supplemental court orders, equally valid court orders of other jurisdictions, good faith legal efforts to resist the request, or other reasons. HQ USAF/JAG, HQ AFLSA/JACA, and Air Force legal offices in the jurisdiction concerned will provide legal support to servicing staff judge advocates who request assistance in reviewing these issues.</P>
        <P>(e) When Federal, state, or local authorities request delivery of an Air Force member stationed outside the United States who is convicted of or charged with a felony or other serious offense or who is sought by such authorities in connection with the unlawful or contemptuous taking of a child from the jurisdiction of a court or from the lawful custody of another person, the member's commander will normally expeditiously return the member to the United States for delivery to the requesting authorities.</P>
        <P>(1) A serious offense is defined as one punishable by confinement for more than 1 year under the laws of the requesting jurisdiction.</P>
        <P>(2) Delivery of the member is not required if the controversy can be resolved without returning the member to the United States or if the request for delivery of the member is denied in accordance with this instruction.</P>
        <P>(f) Ordinarily, do not return an Air Force member stationed outside the United States to the United States for delivery to civilian authorities if the offense is not specified in paragraph (e) of this section. TJAG may direct return when deemed appropriate under the facts and circumstances of the particular case.</P>
        <P>(g) Before taking action under this section, give the member the opportunity to provide evidence of legal efforts to resist the court order or process sought to be enforced or otherwise to show legitimate cause for noncompliance.<SU>4</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>4</SU> See footnote in § 884.1</P>
        </FTNT>
      </SECTION>
      <SECTION>
        <SECTNO>§ 884.10</SECTNO>
        <SUBJECT>Returning members, employees, and family members from overseas.</SUBJECT>
        <P>The Air Force expects persons overseas wanted by Federal or state authorities to make themselves available to those authorities for disposition. If they do not, DoD Directive 5525.9, Compliance of DoD Members, Employees, and Family Members Outside the United States With Court Orders, 10 U.S.C. 814, and Pub. L. 100-456, section 721(a), authorize and require commanders to respond promptly to requests from civilian authorities for assistance in returning members, civilian employees, and family members from overseas.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 884.11</SECTNO>
        <SUBJECT>Procedures for return of an Air Force member to the United States.</SUBJECT>
        <P>(a) Include the following information in a request for return of an Air Force member to the United States for delivery to civilian authorities.</P>
        <P>(1) Fully identify the member sought by providing the member's name, grade, SSN, and unit of assignment, to the extent the information is known.</P>
        <P>(2) Specify the offense for which the member is sought. If the member is charged with a crime, specify the maximum punishment under the laws of the requesting jurisdiction. Specify whether the member is sought in connection with the unlawful or contemptuous taking of a child from the jurisdiction of a court or the lawful custody of another.</P>

        <P>(3) Include copies of all relevant requests for assistance, indictments, information, or other instruments used to bring charges, all relevant court orders or decrees, and all arrest warrants, writs of attachment or capias (writs authorizing arrests), or other <PRTPAGE P="185"/>process directing or authorizing the requesting authorities to take the member into custody. Also, include reports of investigation and other materials concerning the background of the case if reasonably available.</P>
        <P>(4) Indicate whether the requesting authorities will secure the member's lawful delivery or extradition from the port of entry to the requesting jurisdiction, whether they will do so at their own expense, and whether they will notify HQ AFLSA/JAJM of the member's release from custody and of the ultimate disposition of the matter.</P>
        <P>(5) Any U.S. attorney or assistant U.S. attorney, governor or other duly authorized officer of a requesting state or local jurisdiction, or the judge, magistrate, or clerk of a court of competent jurisdiction must sign the request.</P>
        <P>(b) Civilian authorities making requests for return of members to the United States for delivery to them should direct their request to HQ AFLSA/JAJM. If another Air Force agency or official receives the request, immediately send it to HQ AFLSA/JAJM.</P>
        <P>(c) Upon receipt of a request, HQ AFLSA/JAJM promptly notifies the member's commander, who consults with the servicing staff judge advocate. The commander provides a report of relevant facts and circumstances and recommended disposition of the request through command channels to HQ AFLSA/JAJM. If the commander recommends denial of the request or a delay in processing or approving it, the commander provides the information specified in § 884.12(a)(1) through (a)(4) or § 884.13(a)(1) through (a)(4).</P>
        <P>(d) After proper authority has approved a request for return of a member to the United States for delivery to civilian authorities, HQ AFLSA/JAJM notifies AFPC of the decision to return the member to the United States. AFPC issues permanent change of station (PCS) orders, assigning the member to an installation as close to the requesting jurisdiction as possible, considering the needs of the Air Force for personnel in the member's rank and AFSC.</P>
        <P>(e) HQ AFLSA/JAJM notifies requesting authorities of the member's new assignment, port of entry into the United States and estimated time of arrival. Except during unusual circumstances, HQ AFLSA/JAJM notifies requesting authorities at least 10 days before the member's return.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 884.12</SECTNO>
        <SUBJECT>Delays in returning members to the United States.</SUBJECT>
        <P>(a) On a request to return a member to the United States for delivery to civilian authorities. TJAG may grant a delay of not more than 90 days in completing action when one or more of the following are present:</P>
        <P>(1) Efforts are in progress to resolve the controversy to the satisfaction of the requesting authorities without the member's return to the United States.</P>
        <P>(2) Additional time is required to permit the member to provide satisfactory evidence of legal efforts to resist the request or to show legitimate cause for noncompliance.</P>
        <P>(3) Additional time is required to permit the commander to determine the specific effect of the loss of the member on command mission and readiness or to determine pertinent facts and circumstances relating to any international agreement, foreign judicial proceeding, DoD, Air Force, or other military department investigation or court-martial affecting the member.</P>
        <P>(4) Other unusual facts or circumstances warrant delay.</P>
        <P>(b) AFLSA/JAJM promptly reports all delays in cases falling under AFPD 51-10,<SU>5</SU>
          <FTREF/> paragraph 3, through SAF/GC and SAF/MI or USD/P&amp;R and to DoD/GC.</P>
        <FTNT>
          <P>
            <SU>5</SU> See footnote in § 884.1.</P>
        </FTNT>
        <P>(c) Delays in excess of 90 days are not authorized in cases falling under AFPD 51-10, paragraph 3, unless approved by USD/P&amp;R.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 884.13</SECTNO>
        <SUBJECT>Denials of a request for return of a member to the United States.</SUBJECT>
        <P>(a) A request for return of a member to the United States for delivery to civilian authorities may be denied when:</P>
        <P>(1) The member's return would have an adverse impact on operational readiness or mission requirements.</P>

        <P>(2) An international agreement precludes the member's return.<PRTPAGE P="186"/>
        </P>
        <P>(3) The member is the subject of foreign judicial proceedings, court-martial, or a DoD, Air Force, or other military department investigation.</P>
        <P>(4) The member showed satisfactory evidence of legal efforts to resist the request or other legitimate cause for noncompliance or when other unusual facts or circumstances warrant a denial.</P>
        <P>(b) Commanders promptly send to HQ AFLSA/JAJM information supporting a determination that denial may be appropriate. In cases warranting denial, TJAG promptly sends a recommendation and supporting documentation, through SAF/GC and SAF/MI, to USD/P&amp;R for decision.</P>
        <P>(c) The fact that a recommendation for denial is pending does not by itself authorize noncompliance or a delay in compliance with any provision of this section, but TJAG may consider a pending request for denial in determining whether to grant a delay.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 884.14</SECTNO>
        <SUBJECT>Compliance with court orders by civilian employees and family members.</SUBJECT>
        <P>(a) The Air Force expects civilian employees and family members to comply with orders issued by Federal or state court of competent jurisdiction, unless noncompliance is legally justified. Air Force civilian employees who persist in noncompliance are subject to adverse administrative action, including separation for cause as provided in AFI 36-704, Discipline and Adverse Actions (PA).<SU>6</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>6</SU> See footnote in § 884.1</P>
        </FTNT>
        <P>(b) Air Force officials ensure that civilian personnel and family members do not use assignments or officially sponsored residence outside the United States to avoid compliance with valid orders of Federal or state court of competent jurisdiction.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 884.15</SECTNO>
        <SUBJECT>Procedures involving a request by Federal or state authorities for custody of an overseas civilian employee or a command-sponsored family member.</SUBJECT>
        <P>(a) The procedures of this section apply to civilian employees, including nonappropriated fund instrumentality (NAFI) employees, who are assigned outside the United States, and to command-sponsored family members residing outside the United States.</P>
        <P>(b) This section applies only when Air Force authorities receive a request for assistance from Federal, state, or local authorities involving noncompliance with a court order and when noncompliance is the subject of any of the following: An arrest warrant; indictment, information, or other document used in the jurisdiction to prefer charges; or a contempt citation involving the unlawful or contemptuous removal of a child from the jurisdiction of the court or the lawful custody of a parent or third party.</P>
        <P>(c) To the maximum extent possible, consistent with provisions of international agreements and foreign court orders, DoD and military department investigations, and judicial proceedings, commanders comply with requests for assistance. After exhausting all reasonable efforts to resolve the matter without the employee or family member returning to the United States, the commander shall strongly encourage the individual to comply. The commander shall consider imposing disciplinary action (including removal) against the employee or withdrawing command sponsorship of the family member, as appropriate, for failure to comply.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 884.16</SECTNO>
        <SUBJECT>Reporting requests for assistance and action.</SUBJECT>
        <P>The commander or designee promptly reports each request for assistance and intended action by message. Send reports to HQ AFLSA/JAJM, which submits required reports, through channels, to USD/P&amp;R, HQ AFLSA/JAJM conducts all communications with requesters.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 884.17</SECTNO>
        <SUBJECT>Commander's instruction letter to member.</SUBJECT>
        <EXTRACT>
          <FP SOURCE="FP-2">Subject: Instructions in Case of Release on Bail or Personal Recognizance</FP>
          

          <P>1. You are being delivered to the custody of civilian authorities, pursuant to the provisions of AFI 51-1001. This action does not constitute a discharge from the Air Force. In the event that you are released from civilian custody on bail or on your own recognizance, report immediately in person or by telephone to the (Air Force unit, activity, or recruiting office) for further instructions. Advise the commander of your name, rank, <PRTPAGE P="187"/>SSN, organization, the circumstances of your release from custody, and the contents of this letter.</P>
          <P>2. Certain restrictions may be placed upon you by civilian authorities in connection with your temporary release from custody. Be certain to include in your report what these limitations are.</P>
          <P>3. AFI 51-1001, paragraph 4 provides that the authority to whom you report will notify your commander. If that is not possible, request the nearest Air Force base military personnel flight to contact HQ AFPC/DPMARS or DPMRPP2 by the fastest means available. Provide your name, rank, SSN, organization, and the circumstances of your release; further instruction will then be given to you.</P>
        </EXTRACT>
        
        <FP>[Signature Element]</FP>
      </SECTION>
      <SECTION>
        <SECTNO>§ 884.18</SECTNO>
        <SUBJECT>Civilian authority's acknowledgment of transfer of custody and agreement to notify member's commander.</SUBJECT>
        <EXTRACT>
          <P>1. A warrant for the arrest of (name, rank, and SSN), hereinafter referred to as the “member,” and who is charged with (offenses) has been issued by (civilian authority) and in execution, thereof, I accept his or her custody.</P>
          <P>2. In consideration of the delivery of member at (location) to me for trial upon the above charge, pursuant to the authority vested in me as (position), I hereby agree to the following:</P>
          <P>a. The commander (name, rank, unit, telephone), will be advised of the disposition of the charges.</P>
          <P>b. The member will be immediately returned to the custody of the military upon completion of the trial, if acquitted; or upon satisfying the sentence imposed, if convicted; or upon other disposition of the case.</P>
          <P>c. The member's return will be to (location) or to such other place as may be designated by the Department of the Air Force.</P>
          <P>3. The member's return will not be required if the member's commander has indicated that return is not appropriate. Instead of actual delivery, transportation for the member may be arranged so long as it is without expense to the United States or to the member.</P>
          <P>4. Pending disposition of the charges, the member will remain in the custody of [name of agency and location], unless released on bail or the member's own recognizance, in which event [Air Force unit, activity, or recruiting office nearest place of trial] will be notified.</P>
        </EXTRACT>
        
        <FP>[Signature Element]</FP>
      </SECTION>
    </PART>
    <PART>
      <EAR>Pt. 887</EAR>
      <HD SOURCE="HED">PART 887—ISSUING OF CERTIFICATES IN LIEU OF LOST OR DESTROYED CERTIFICATES OF SEPARATION</HD>
      <CONTENTS>
        <SECHD>Sec.</SECHD>
        <SECTNO>887.0</SECTNO>
        <SUBJECT>Purpose.</SUBJECT>
        <SECTNO>887.1</SECTNO>
        <SUBJECT>Explanation of terms.</SUBJECT>
        <SECTNO>887.2</SECTNO>
        <SUBJECT>Safeguarding certificates.</SUBJECT>
        <SECTNO>887.3</SECTNO>
        <SUBJECT>Persons authorized CILs.</SUBJECT>
        <SECTNO>887.4</SECTNO>
        <SUBJECT>Requesting CILs.</SUBJECT>
        <SECTNO>887.5</SECTNO>
        <SUBJECT>Issuing CILs.</SUBJECT>
        <SECTNO>887.6</SECTNO>
        <SUBJECT>Who must sign CILs.</SUBJECT>
        <SECTNO>887.7</SECTNO>
        <SUBJECT>Persons separated under other than honorable conditions (undesirable or bad conduct) or dishonorable discharge.</SUBJECT>
        <SECTNO>887.8</SECTNO>
        <SUBJECT>Where to apply for certificates.</SUBJECT>
        <SECTNO>887.9</SECTNO>
        <SUBJECT>Furnishing photocopies of documents.</SUBJECT>
      </CONTENTS>
      <AUTH>
        <HD SOURCE="HED">Authority:</HD>
        <P>10 U.S.C. 1041.</P>
      </AUTH>
      <SOURCE>
        <HD SOURCE="HED">Source:</HD>
        <P>53 FR 876, Jan. 14, 1988, unless otherwise noted.</P>
      </SOURCE>
      <SECTION>
        <SECTNO>§ 887.0</SECTNO>
        <SUBJECT>Purpose.</SUBJECT>
        <P>This part tells who may apply for a certificate in lieu of a lost or destroyed certificate of separation. It explains where and how to apply. It implements 10 U.S.C. 1041 and DOD Instruction 1332.13, December 23, 1968. This publication applies to ANG and USAFR members. It authorizes collection of information protected by the Privacy Act of 1974. The authority to collect the information is title 10, U.S.C. 8912 and Executive Order 9397. Each form used to collect personal information has an associated Privacy Act Statement that will be given to the individual before information is collected. System of records notice F035 AF MP C, Military Personnel Records System, applies.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 887.1</SECTNO>
        <SUBJECT>Explanation of terms.</SUBJECT>
        <P>(a) <E T="03">Certificate in lieu (CIL).</E> A certificate issued in lieu of a lost or destroyed certificate of service, discharge, or retirement.</P>
        <P>(b) <E T="03">Service person.</E> One who:</P>
        <P>(1) Is currently serving as a member of the Air Force; or</P>
        <P>(2) Formerly served in the active military service as a member of the Air Force and all military affiliation was terminated after September 25, 1947.</P>
        <P>(c) <E T="03">Surviving spouse</E>. A survivor who was legally married to a member of the service at the time of the member's death.<PRTPAGE P="188"/>
        </P>
        <P>(d) <E T="03">Guardian</E>. A person or group of persons legally placed in charge of the affairs of a service member adjudicated mentally incompetent.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 887.2</SECTNO>
        <SUBJECT>Safeguarding certificates.</SUBJECT>
        <P>Certificates of separation are important personal documents. Processing applications for CILs is costly to the Air Force. To keep requests for CILs at a minimum:</P>
        <P>(a) Personnel officers will tell members of the importance of safeguarding the original certificates.</P>
        <P>(b) Persons who issue CILs will type or stamp across the lower margin “THIS IS AN IMPORTANT RECORD—SAFEGUARD IT” (if it is not printed on the certificate).</P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>Do not show this legend on DD Form 363AF, Certificate of Retirement.</P>
        </NOTE>
      </SECTION>
      <SECTION>
        <SECTNO>§ 887.3</SECTNO>
        <SUBJECT>Persons authorized CILs.</SUBJECT>
        <P>CILs may be issued only to:</P>
        <P>(a) A service member whose character of service was honorable or under honorable conditions.</P>
        <P>(b) A surviving spouse.</P>
        <P>(c) A guardian, when a duly certified or otherwise authenticated copy of the court order of appointment is sent with the application.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 887.4</SECTNO>
        <SUBJECT>Requesting CILs.</SUBJECT>
        <P>(a) Standard Form 180 (SF 180), Request Pertaining to Military Records, should be used by persons who had service as shown in § 887.3(a). However, a letter request, with sufficient identifying data and proof that the original certificate of separation was lost or destroyed, may be used. Members on active duty will forward their applications through their unit commander.</P>
        <P>(b) SF 180, or any similar form used by agencies outside the Department of Defense, will be used by persons shown in § 887.3(b), (c), and § 887.7.</P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>Persons authorized CILs may be assisted in their request by the Customer Service Unit (DPMAC) in the consolidated base personnel office.</P>
        </NOTE>
      </SECTION>
      <SECTION>
        <SECTNO>§ 887.5</SECTNO>
        <SUBJECT>Issuing CILs.</SUBJECT>
        <P>The issuing authority makes sure that the proper CIL form is issued, particularly if the service member has had service in both the Army and Air Force. The assignment status as of September 26, 1947 determines if the person was in the Army or Air Force at the time of discharge or release from active duty. Separations that took place on or before September 25, 1947 are considered Army separations. Those that took place on or after September 26, 1947 are considered Air Force separations, unless the records clearly show the person actually served as a member of the Army during the period of service for which the CIL is requested. Individuals indicated in § 887.3 may be issued CILs prepared on one of the following forms:</P>
        <P>(a) DD Form 303AF, Certificate in Lieu of Lost or Destroyed Discharge, is used to replace any lost or destroyed certificate of discharge from the Air Force.</P>
        <P>(b) DD Form 363AF, Certificate of Retirement, is used to replace any lost or destroyed certificate of retirement from the Air Force (issued only to service members).</P>
        <P>(c) AF Form 386, Certificate in Lieu of Lost or Destroyed Discharge (AUS), is used to replace any lost or destroyed certificate of discharge from the Army.</P>
        <P>(d) AF Form 681, Certificate in Lieu of Lost or Destroyed Certificate of Service (AUS), is used to replace any lost or destroyed certificate of service, or like form, issued on release from extended active duty (EAD) in the Army.</P>
        <P>(e) AF Form 682, Certificate in Lieu of Lost or Destroyed Certificate of Service (USAF), is used to replace any lost or destroyed certificate of service, or like form, issued on release from EAD in the Air Force.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 887.6</SECTNO>
        <SUBJECT>Who must sign CILs.</SUBJECT>
        <P>(a) DD Form 363AF must be signed by a general officer or colonel.</P>
        <P>(b) All other CILs must be signed by a commissioned officer, NCO in grade of master sergeant or above, or a civilian in grade GS-7 or above.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 887.7</SECTNO>
        <SUBJECT>Persons separated under other than honorable conditions (undesirable or bad conduct) or dishonorable discharge.</SUBJECT>

        <P>Those persons whose character of service was under other than honorable conditions or dishonorable are not eligible for CILs. However, an official photocopy of the report of separation <PRTPAGE P="189"/>or certificate of discharge (DD Form 214, Certificate of Release or Discharge From Active Duty, or equivalent form), if available, may be sent on written request of the member.</P>
        <P>(a) On the DD Forms 214 issued before October 1, 1979, the following items will be masked out before a photocopy is sent out:</P>
        <P>(1) Specific authority for separation.</P>
        <P>(2) Narrative reason for separation.</P>
        <P>(3) Reenlistment eligibility code.</P>
        <P>(4) SPD or separation designation number (SDN).</P>
        <P>(b) For DD Forms 214 issued after October 1, 1979, send one copy with the Special Additional Information Section, and one copy without it.</P>
        <P>(c) If a report of separation is not available, furnish a brief official statement of military service. Use the letterhead stationery of the issuing records custodian. File copy of the statement in the master personnel record (MPerR).</P>
        <P>(d) If (obsolete form) DD Form 258AF, Undesirable Discharge Certificate, has been issued, it may be replaced with DD Form 794AF, Discharge Under Other Than Honorable Conditions.</P>
        <P>(e) A $4.25 fee may be charged for issuing a document under this section, with the exception of paragraph (d) of this section.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 887.8</SECTNO>
        <SUBJECT>Where to apply for certificates.</SUBJECT>
        <P>(a) For DD Form 363AF: Headquarters, Air Force Military Personnel Center, Officer Actions Branch (HQ AFMPC/DPMD00), Randolph AFB TX 78150-6001, for officers; and Headquarters, Air Force Military Personnel Center, Analysis and Certification Section (HQ AFMPC/DPMD0A2), Randolph AFB TX 78150-6001, for enlisted members. Applicants must attach a copy of the retirement order to SF 180 or letter.</P>
        <P>(b) All other certificates:</P>
        <P>(1) HQ AFMPC/DPMD00 for officers, and HQ AFMPC/DPMD0A2, for enlisted members, Randolph AFB TX 78150-6001 for:</P>
        <P>(i) Members on EAD or on the temporary disability retired list (TDRL).</P>
        <P>(ii) General officers in retired pay status.</P>
        <P>(2) National Personnel Records Center, Military Personnel Records—Air Force (NPRC/MPR-AF), 9700 Page Boulevard, St. Louis MO 63132, for officers and enlisted members:</P>
        <P>(i) Completely separated from the Air Force or Air National Guard.</P>
        <P>(ii) In a retired pay status, except general officers.</P>
        <P>(iii) In the retired Reserve who cannot become eligible for retired pay.</P>
        <P>(3) Headquarters, Air Reserve Personnel Center, Reference Services Branch (HQ ARPC/DSMR), Denver CO 80280-5000, for Air National Guard and Air Force Reserve officers and enlisted members not on EAD, including retired Reserve who will be eligible for retired pay at age 60.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 887.9</SECTNO>
        <SUBJECT>Furnishing photocopies of documents.</SUBJECT>
        <P>This part does not prohibit authorities (see § 887.8) from supplying photocopies of certificates of service, reports of separation, or similar documents. Agencies that provide copies of DD Form 214 (or their equivalent) will conspicuously affix an “official” seal or stamp on them to indicate that these documents are copies made from official United States Air Force military personnel records.</P>
      </SECTION>
    </PART>
    <PART>
      <RESERVED>PARTS 888-888g [RESERVED]</RESERVED>
    </PART>
  </SUBCHAP>
</CFRGRANULE>
