Criminal Investigation

Evidence Procedures

By Order of the Secretary of the Army:

JAMES C. MCCONVILLE
General, United States Army
Chief of Staff

Official:

KATHLEEN S. MILLER
Administrative Assistant
to the Secretary of the Army

History. This publication is an administrative revision. The portions affected by this administrative revision are listed in the summary of change.

Summary. This regulation establishes policies and procedures on criminal and counterintelligence investigation evidence procedures, including the collection, accounting, preservation, and disposition of evidence. It also specifies responsibilities of Military Police, United States Army Criminal Investigation Command, and Army counterintelligence organizations, as they apply to evidence procedures.

Applicability. This regulation applies to the Regular Army, the Army National Guard/Army National Guard of the United States, and the United States Army Reserve, unless otherwise stated. Specifically, it applies to Army Reserve Soldiers while on active duty or inactive duty training status. It applies to the Army National Guard when in active Federal service, as prescribed in Title 10, United States Code. It does not apply to Army National Guard Soldiers serving on annual training or full-time National Guard duty under Title 32, United States Code. During mobilization, the proponent of this regulation may modify policies in this regulation. This regulation also applies to DA Civilians and contractors working in the covered positions.

Proponent and exception authority. The proponent of this regulation is the Director, U.S. Army Criminal Investigation Division. 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 in accordance with AR 11-2 and identifies key internal controls that must be evaluated (see appendix B).

Supplementation. Supplementation of this regulation and establishment of command and local forms are prohibited without prior approval from the Director, U.S. Army Criminal Investigation Division.

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) via email to usarmy.belvoir.hqda-usacid.mbx.cidpolicy@army.mil.

Distribution. This regulation is available in electronic media only and is intended for the Regular Army, the Army National Guard/Army National Guard of the United States, and the United States Army Reserve.