Policy Memorandum #03
Procedures and Guidelines for Processing of Civilian and Family Member Misconduct
IMHM-HR 1 August 2012
MEMORANDUM FOR SEE DISTRIBUTION
SUBJECT: United States Army Garrison Humphreys Policy Letter #3, Procedures and Guidelines for Processing of Civilian and Family Member Misconduct
1. The proponency for this policy is the Directorate of Human Resources.
2. This policy is effective immediately. It remains in effect until rescinded or superseded.
3. References.
a. USFK Regulation 60-1, Ration Control Policy Access to Duty Free Goods, 23 May 11.
b. USFK Regulation 190-1, Motor Vehicle Traffic Supervision, 27 Apr 05.
c. USFK Regulation 190-7, Installation Access Control System, 11 May 12.
d. USFK Regulation 600-52, Civilian and/or Family Member Misconduct, 27 Feb 12.
4. Applicability. This Command Policy Memorandum is applicable to:
a. Appropriated and Nonappropriated Fund Department of Defense (DoD) civilian employees, their Family members, and members of their households residing in Area III.
b. Family members and members of households of USFK military personnel residing in Area III.
c. US military retirees and their Family members residing in Area III.
d. US embassy personnel and their Family members residing in Area III.
e. Family members of civilian components as defined by Article I (DoD civilians, Technical Representatives, etc.) and Article XV (Invited Contractors) of the US-ROK SOFA.
f. Widows and/or widowers of US Armed Forces residing in Area III.
5. Purpose. To establish the procedures and guidelines for the processing of civilian and Family member misconduct.
6. Responsibilities.
a. Civilian Misconduct Actions Officer (CMAO). The Director of Human Resources (USAG Humphreys) is the CMAO and is the USAG Humphreys Commander’s primary staff representative for all actions covered by this Command Policy. The CMAO:
(1) Screens military police blotter reports daily for potential cases of civilian or Family member misconduct.
(2) Prepares and issues show-cause memoranda on behalf of the Commander, USAG Humphreys.
(3) Coordinates all actions to set up a Family Member Conduct Review Board (FMCRB) on a case-by-case basis, as needed.
(4) Acts as the Recorder for all FMCRBs.
(5) Prepares record of proceedings of FMCRBs.
(6) Prepares memoranda outlining recommended sanctions for approval and signature by the Commander, USAG Humphreys.
(7) Plans, coordinates, and supervises the performance of community service imposed as a corrective action.
b. Command Sergeant Major (CSM), USAG Humphreys:
(1) Sits as a voting member of the FMCRB in cases where the sponsor is an enlisted service member.
(2) Plans, coordinates, and supervises execution of essays written as corrective actions.
c. Deputy to the Garrison Commander, USAG Humphreys serves as the President on all FMCRBs or designates a representative to serve as President when absent or otherwise unable to do so.
d. Provost Marshal Office (PMO), Area III:
(1) Ensures Deputy Provost Marshal provides daily blotter reports to the CMAO.
(2) Ensures that Deputy Provost Marshal provides final MP reports, upon request, to the CMAO as expeditiously as possible.
(3) Coordinates cases involving US Embassy personnel or their Family members as set forth in paragraph seven (7).
e. Area III Legal Center:
(1) Ensures that a legal advisor is available to the President, FMCRB, on an “on-call” basis.
(2) Provides legal review of FMCRB proceedings or other related documents as requested.
f. Tenant Commanders will ensure that civilian or Family member misconduct cases are referred to the CMAO, subject to the procedures outlined in paragraph seven (7) below.
g. The following will serve as, or provide, a voting member on FMCRBs as requested:
(1) Deputy to the Garrison Commander—President.
(2) Command Sergeant Major for cases involving enlisted sponsors.
(3) Social Worker.
(4) Director of Human Resources.
(5) Commander 75th Medical Company Area Support (MCAS) (only needed on a case-by-case basis).
(6) Other representatives should be added only on a case-by-case basis such as those from the sponsor’s unit, Provost Marshal’s Office, Installation Chaplain, and DoD School Principal.
7. Procedures. The Republic of Korea exercises primary criminal jurisdiction over civilians until released to US authority. Within the parameters of US authority:
a. Managers and supervisors retain primary responsibility to take action to resolve or correct misconduct committed by their civilian employees. The Labor/Management Employee Relations Office in the Area III Civilian Personnel Advisory Center (CPAC), DSN 753-8762, will provide advice and assistance in resolving these cases.
b. The Commander, USAG Humphreys, or designated representative, has primary responsibility for cases of misconduct committed by Family members.
c. The Commander, USAG Humphreys, or designated representative, will determine whether a civilian or Family member misconduct case will be resolved by the show-cause letter procedures or FMCRB hearing.
d. Upon receipt of a civilian or Family member misconduct case, the CMAO, will prepare and issue a show-cause letter with proposed sanctions. Upon request, the Area III Legal Center will provide a legal review prior to issuance.
e. Civilians, Family members or parents if the case involves a minor (under 18 years old), in receipt of a show-cause letter.
(1) Elect not to contest the allegation and accept the proposed sanctions outlined in the show-cause letter. The CMAO will prepare a memorandum for the USAG Humphreys Commander’s signature imposing those sanctions.
(2) Submit a written response and any documents to be considered to the CMAO within three business days of receipt of the order to show cause letter. The USAG Humphreys Commander will review all of the information submitted by the CMAO and the individual and determine whether the misconduct occurred and, if so, what sanctions should be imposed.
f. A FMCRB will be conducted according to the sample procedures in Appendix A to this Command Policy. Upon completion of the record of proceedings, the CMAO will prepare a decision memorandum for approval by the USAG Humphreys Commander.
g. This program is not intended to limit the discretion of military police personnel to handle incidents as they occur.
8. Notes on Sanctions. This program does not dictate specific sanctions. The Commander, USAG Humphreys, encourages all personnel involved in the disposition of civilian or Family member misconduct cases to ensure that any sanctions and corrective actions imposed are commensurate with the offenses that were committed, taking into account the totality of circumstances surrounding each individual case.
9. US Embassy Personnel. Military police personnel apprehending US Embassy personnel or their Family members will report immediately through supervisory and command channels to the Provost Marshal, who will coordinate with the Joint Police Information Center for notification to the Regional Security Officer of the Embassy. The Embassy will determine whether to initiate proceedings under Department of State misconduct procedures within five (5) working days. The Embassy will inform the Deputy Garrison Commander of any actions taken. The Embassy may elect to refer the case to USAG Humphreys for appropriate action in accordance with this Program.
10. Point of contact for this policy is Directorate of Human Resources at 753-6736.
3 Appendices DARIN S. CONKRIGHT
A - Family Member Conduct Review COL, SF
Board Procedural Guide Commanding
B - Sanctions
C - Sample Forms
DISTRIBUTION:
A&B
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| Date created: |
8/2/2010 10:15:54 AM |
| Date last updated: |
11/15/2012 2:55:22 PM |