Headquarters
Department of the Army
Washington, DC
28 September 2015
*Army Regulation 190-9

Effective 28 October 2015

Military Police

Absentee Deserter Apprehension Program and Surrender of Military Personnel to Civilian Law Enforcement Agencies

By Order of the Secretary of the Army:

MARK A. MILLEY
General, United States Army
Chief of Staff

GERALD B. O'KEEFE
Administrative Assistant to the
Secretary of the Army

History. This publication is a major revision.

Summary. This publication covers provost marshal procedures and responsibilities for military personnel who are in an absentee or deserter status and for surrender of military personnel to civilian law enforcement authorities. This regulation implements DODIDODIDepartment of the Defense Instruction 1325.02.

Applicability. This regulation applies to the Active Army, the Army National Guard/Army National Guard of the United States, and the U.S. Army Reserve, unless otherwise stated. This regulation is not applicable to Soldiers of the Army National Guard serving on annual training or full-time training duty status under the provisions of Title 32, United States Code. The

provisions of chapter 6 of this regulation apply only to Soldiers in the Active Army, the Army National Guard/Army National Guard of the United States, and the U.S. Army Reserve who are sought by Federal, State, or local law enforcement officials. The authority of U.S. military officials to apprehend, detain, and deliver U.S. personnel to the authorities of a host nation or other foreign country are governed by the provisions of applicable international agreements, United States and host nation law, AR 27-50, and the directives of the overseas command.

Proponent and exception authority.

The proponent of this regulation is The Provost Marshal General. The proponent has the authority to approve exceptions or waivers to this regulation that are consistent with controlling law and regulations. The proponent may delegate this approval authority, in writing, to a division chief within the proponent agency or its direct reporting unit or field operating agency, in the grade of colonel or the civilian equivalent. Activities may request a waiver to this regulation by providing justification that includes a full analysis of the expected benefits and must include formal review by the activity's senior legal officer. All waiver requests will be endorsed by the commander or senior leader of the requesting activity and forwarded through their higher headquarters to the policy

proponent. Refer to AR 25-30 for specific guidance.

Army internal control process. This regulation contains internal control provisions and identifies key internal controls that must be evaluated (see appendix E).

Supplementation. Supplementation of this regulation and establishment of command and local forms are prohibited without prior approval from the Provost Marshal General (DAPM-MPO-LE), Washington, DC 20310-2800.

Suggested improvements. Users are invited to send comments and suggested improvements on DA FormDA FormDepartment of the Army form 2028 (Recommended Changes to Publications and Blank Forms) directly to HQDA, Office of the Provost Marshal General (DAPM-MPO-LE), Washington, DC 20310-2800.

Distribution. This publication is available in electronic media only and is intended for command levels C, D, and E for the Active Army, the Army National Guard/Army National Guard of the United States, and the U.S. Army Reserve.

SCAs are Soldiers who had access within the 5 years preceding their absence to TOP SECRET, sensitive compart-mented information, special access programs, and critical nuclear weapons design information; personnel who were assigned to a special mission unit; and personnel in the Department of the Army Cryptographic Access program. Included in this category are defectors; absentee Soldiers who travel to a country other than the one in which they were stationed; cases where there is evidence that the Soldier may be involved with a foreign intelligence service or terrorist organization; absentees who have been found to be in possession of classified information; and cases where there is information that indicates that the Soldier is a potential terrorist or espionage associated insider threat or that he may leak classified information to unauthorized persons.

References and Terms