UNCLASSIFIED ROUTINE R 232003Z MAY 18 FM CNO WASHINGTON DC TO NAVADMIN INFO CNO WASHINGTON DC BT UNCLAS NAVADMIN 131/18 SUBJ/INTERIM PROCEDURES FOR COMPLIANCE WITH DODI 5505.11 FINGERPRINT CARD AND FINAL DISPOSITION REPORT SUBMISSION REQUIREMENTS// REF/A/DOC/NAVADMIN 076/18// REF/B/DOC/SECNAV MEMO/22 JAN 18// REF/C/DOC/DODI 5505.11/21 JUL 14// REF/D/DOC/DODI 5525.11/03 MAR 05// REF/E/DOC/DODI 6400.06/26 MAY 17// REF/F/DOC/DODD 5400.11/29 OCT 14// REF/G/DOC/18 U.S.C. SECTION 921 et seq// REF/H/DOC/34 U.S.C. SECTION 40901// NARR/REF A IS NAVADMIN 076/18, THE GUN CONTROL ACT OF 1968 CRIMINAL JUSTICE INFORMATION REPORTING REQUIREMENTS, 29 MARCH 2018. REF B IS SECRETARY OF THE NAVY (SECNAV) MEMO TO THE CHIEF OF NAVAL OPERATIONS (CNO), COMMANDANT OF THE MARINE CORPS (CMC) AND DIRECTOR, NAVAL CRIMINAL INVESTIGATIVE SERVICE (NCIS), 22 JANUARY 2018. REF C IS DEPARTMENT OF DEFENSE (DOD) INSTRUCTION 5505.11, FINGERPRINT CARD AND FINAL DISPOSITION REPORT SUBMISSION REQUIREMENTS, 21 JULY 2014 WITH CHANGE 2. REF D IS DOD INSTRUCTION 5525.11, CRIMINAL JURISDICTION OVER CIVILIANS EMPLOYED BY OR ACCOMPANYING THE ARMED FORCES OUTSIDE THE UNITED STATES, CERTAIN SERVICE MEMBERS, AND FORMER SERVICE MEMBERS, 03 MARCH 2005. REF E IS DOD INSTRUCTION 6400.06, DOMESTIC ABUSE INVOLVING DOD MILITARY AND CERTAIN AFFILIATED PERSONNEL, 26 MAY 2017. REF F IS DOD DIRECTIVE 5400.11, THE DOD PRIVACY PROGRAM, 29 OCTOBER 2014. REF G IS TITLE 18, U.S.C., SECTION 921 ET SEQ, CRIMES AND CRIMINAL PROCEDURE. REF H IS TITLE 34, U.S.C., SECTION 40901, ESTABLISHMENT OF THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.// POC/OPNAV N462/MR. MARK SINDER/TEL: 703- 695-5534/ EMAIL: MARK.SINDER@NAVY.MIL// RMKS/1. Per references (a) through (h), the Navy is required to report offender criminal history data to the Naval Criminal Investigative Service (NCIS) for forwarding to the Federal Bureau of Investigation (FBI) for inclusion in the National Crime Information Center (NCIC) criminal history database. Reference (a) ensures Navy compliance with the Gun Control Act of 1968. This NAVADMIN ensures Navy compliance with SECNAV and DOD requirements as directed in references (b) and (c), which require accurate and timely reporting of Arrest and Institution Fingerprint Cards (FD-249) and Final Disposition Reports (R-84). Reporting requirements under this NAVADMIN are supplemental to the reporting requirements associated with the Gun Control Act of 1986. Reference (a) is not superseded by this NAVADMIN. 2. Policy. a. Military Personnel. An FD-249 will be used to electronically submit fingerprints for all service members investigated by NCIS or Commander, Navy Installations Command (CNIC) law enforcement personnel when, based on a probable cause standard determined in conjunction with the Servicing Staff Judge Advocate (SJA) or other legal advisor, probable cause exists to believe that a service member has committed an offense listed in enclosure 2 of reference (c). Fingerprints will be taken at the time of apprehension, arrest, or the subject interview. An R-84 will be submitted upon final disposition of the case, in accordance with paragraph 3 of this NAVADMIN. (1) Submission of an FD-249 and an R-84 is not required when an investigation is conducted solely by afloat command personnel, tenant command personnel, or installation command non-law enforcement personnel, and the final disposition of the case results in administrative action or non-judicial punishment. (2) Submission of an FD-249 is required for all service members upon preferral of charges with a view toward court-martial, if not previously submitted. This applies whether NCIS, CNIC law enforcement personnel, or afloat, tenant or installation command personnel conduct the investigation. Preferred court-martial charges are reflected on DD Form 458 of May 2000. b. Civilians. An FD-249 will be used to electronically submit fingerprints for all civilians investigated by NCIS or CNIC law enforcement personnel when, based on a probable cause standard determined in conjunction with the Servicing SJA or other legal advisor, probable cause exists to believe that a civilian has committed an offense equivalent to those listed in enclosure 2 of reference (c). Fingerprints will be taken at the time of apprehension, arrest, or subject interview. An R-84 will be submitted upon final disposition of the case, in accordance with paragraph 3 of this NAVADMIN. The requirements of this paragraph apply to civilians employed by the Armed Forces and civilians accompanying the Armed Forces subject to the Military Extraterritorial Jurisdiction Act while outside of the United States, as detailed in reference (d). c. Foreign Law Enforcement Organizations. An FD-249 will be used to electronically submit fingerprints for all military personnel, DOD employees, DOD contractors, and their respective dependents being investigated by foreign law enforcement organizations when, based on a probable cause standard determined in conjunction with the Servicing SJA or other legal advisor, probable cause exists to believe that the subject has committed an offense equivalent to those listed in enclosure 2 of reference (c), and the foreign investigation has been made available to NCIS or the subjects command. An R-84 will be submitted upon final disposition of the case, in accordance with paragraph 3 of this NAVADMIN. 3. Responsibilities. a. Director, Shore Readiness (OPNAV N46). OPNAV N46 will update OPNAVINST 5530.14E to include criminal justice information reporting requirements as outlined in this NAVADMIN and in reference (a). b. CNIC. (1) When required by paragraph 2 of this NAVADMIN, an FD-249 must be submitted to NCIS electronically using a Live Scan device. (2) When an FD-249 has been submitted by CNIC law enforcement personnel, an R-84 must be submitted as soon as practicable, but no later than 5 days after notification of the final disposition of a case. The R-84 should be completed per the directions outlined in enclosure 4 of reference (c). If NCIS submitted the FD-249, NCIS will submit the R-84. (3) CNIC will ensure all CNIC law enforcement personnel are aware of the reportable offenses listed in enclosure 2 of reference (c), have access to Live Scan electronic fingerprint technology, and understand the submission directions outlined in enclosure 4 of reference (c). c. Afloat and Ashore Navy Commanding Officers. (1) Whenever an FD-249 is submitted for a case, provide final disposition information to the applicable submitting entity, either NCIS or CNIC law enforcement personnel, within 5 calendar days of adjudication to ensure an R- 84 is submitted within the required timeline. (2) If an FD-249 has not been previously submitted and a service member has charges preferred with a view toward court-martial, escort the service member to NCIS or CNIC law enforcement personnel for submission of an FD-249. (3) If a foreign law enforcement organization makes an investigation available to the command and when, based on a probable cause standard determined in conjunction with the Servicing SJA or other legal advisor, probable cause exists to believe the subject has committed an offense equivalent to those listed in enclosure 2 of reference (c), escort the subject to NCIS or CNIC law enforcement personnel for submission of an FD- 249. (4) If an R-84 has been submitted for a case, ensure that any subsequent administrative or non-judicial appellate action that affects the original case disposition is forwarded to the applicable submitting entity, either NCIS or CNIC law enforcement personnel, for a corrected submission. (5) In accordance with reference (e), refer any reported or discovered incident of domestic abuse or domestic violence to NCIS or CNIC law enforcement personnel for investigation. (a) Domestic abuse is defined as domestic violence or a pattern of behavior resulting in emotional/psychological abuse, economic control, and/or interference with personal liberty that is directed toward a person who is a current or former spouse, a person whom the abuser shares a child in common, or a current or former intimate partner with whom the abuser shares or has shared a common domicile. (b) Domestic violence encompasses offenses that involve the use, attempted use, or threatened use of force or violence committed by a current or former spouse, parent, or guardian of the victim; by a person with whom the victim shares a child in common; by a person who is cohabitating with or has cohabitated with the victim as a spouse, parent, or guardian; or by a person similarly situated to a spouse, parent or guardian to the victim. d. Office of the Judge Advocate General. Ensure that any court -martial appellate action affecting the original court-martial disposition reported via R-84 is forwarded to the applicable submitting entity, either NCIS or CNIC law enforcement personnel, for a corrected submission. 4. Criminal justice information will be handled in accordance with references (a) and (f). 5. Released by VADM D. R. Smith, N4// BT #0001 NNNN UNCLASSIFIED//