2008 edition - Fort Sam Houston - U.S. Army
2008 edition - Fort Sam Houston - U.S. Army 2008 edition - Fort Sam Houston - U.S. Army
Department of Justice determines that investigation and prosecution may be conducted more efficiently a n d e x p e d i t i o u s l y b y o t h e r a u t h o r i t i e s . A l l s u c h crimes which come first to the attention of Coast Guard authorities shall be referred promptly by them to the Federal Bureau of Investigation, unless relieved of this requirement by the Federal Bureau of I n v e s t i g a t i o n a s t o p a r t i c u l a r t y p e s o r c l a s s e s o f c r i m e . H o w e v e r , w h e n e v e r C o a s t G u a r d m i l i t a r y personnel are engaged in scheduled military activities outside of military installations such as organi z e d m a n e u v e r s o r o r g a n i z e d m o v e m e n t , t h e provisions of paragraph 1 above shall apply, unless persons not subject to the Uniform Code of Military Justice are involved as principals, accessories or victims. If, however, there is involved as a suspect or as an accused in any crime committed outside of a military installation and falling within the investigative authority of the Federal Bureau of Investigation, an individual who is subject to the Uniform Code of Military Justice and if the Coast Guard authorities believe that the crime involves special factors relating to the administration and discipline of the Coast Guard which would justify investigation by them for the purpose of prosecution before a Coast Guard military tribunal, they shall promptly advise the Federal Bureau of Investigation of the crime and indicate their views on the matter. Investigation of such a crime may be undertaken by the Coast Guard m i l i t a r y a u t h o r i t i e s i f t h e D e p a r t m e n t o f J u s t i c e agrees. 3. Transfer of investigative authority. An investigative body of the Coast Guard which has initiated an investigation pursuant to paragraphs 1 and 2 hereof, shall have exclusive investigative authority and may proceed therewith to prosecution. If, however, any Coast Guard investigative body comes to the view that effectuation of those paragraphs requires the transfer of investigative authority over a crime, investigation of which has already been initiated by t h a t o r b y a n y o t h e r i n v e s t i g a t i v e b o d y , i t s h a l l p r o m p t l y a d v i s e t h e o t h e r i n t e r e s t e d i n v e s t i g a t i v e body of its views. By agreement between the Dep a r t m e n t s o f J u s t i c e a n d T r a n s p o r t a t i o n ( C o a s t ~ G u a r d ) , ~ i n v e s t i g a t i v e a u t h o r i t y m a y t h e n b e transferred. 4. Administrative action. Exercise of exclusive investigative authority by the Federal Bureau of Inves- A3.1-2 APPENDIX 3.1 tigation pursuant to this agreement shall not preclude Coast Guard military authorities from making inquiries for the purpose of administrative action related to the crime being investigated. The Federal Bureau of Investigation will make the results of its investigations available to Coast Guard military authorities for use in connection with such action. Whenever possible, decisions with respect to the application in particular cases of the provisions of this Memorandum of Understanding will be made at the local level, that is, between the Special Agent in Charge of the local office of the Federal Bureau of I n v e s t i g a t i o n a n d t h e l o c a l C o a s t G u a r d m i l i t a r y commander. 5. Surrender of suspects. To the extent of the legal authority conferred upon them, the Department of J u s t i c e a n d C o a s t G u a r d m i l i t a r y a u t h o r i t i e s w i l l each deliver to the other promptly suspects and acc u s e d i n d i v i d u a l s i f a u t h o r i t y t o i n v e s t i g a t e t h e crimes in which such accused individuals and suspects are involved is lodged in the other by paragraphs 1 and 2 hereof. Nothing in this memorandum shall prevent the Coast Guard from prompt arrest and detention of any person subject to the Uniform Code of Military Justice whenever there is knowledge or reasonable basis to believe that such a person has committed an offense in violation of such code and detaining such person until he is delivered to the Federal Bureau of Investigation if such action is required pursuant to this memorandum. APPROVED: /s/ Ramsey Clark /s/ Alan S. Boyd Ramsey Clark Alan S. Boyd Attorney General Secretary of Transportation Date: 9 October 1967 Date: 24 October 1967
APPENDIX 4 Charge Sheet (DD FORM 458) A4-1
- Page 446 and 447: Amdt. XXV, § 1 APPENDIX 1 shall ta
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- Page 487 and 488: Department of Defense DIRECTIVE APP
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- Page 538 and 539: App. 9 APPENDIX 9 Entry on charge s
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APPENDIX 4<br />
Charge Sheet (DD FORM 458)<br />
A4-1
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