scope:

PURPOSE. This Instruction:

a. Reissues DoD Instruction 5505.11 (Reference (a)) in accordance with the authority of DoD Directive 5106.01 (Reference (b)).

b. Establishes policy, assigns responsibilities, and prescribes procedures in accordance with part 20 of title 28 of the Code of Federal Regulations and section 534 of title 28, United States Code (U.S.C.) (References (c) and (d)) for Defense Criminal Investigative Organizations (DCIOs) and other DoD law enforcement organizations to report offender criminal history data to the Criminal Justice Information Services (CJIS) Division of the Federal Bureau of Investigation (FBI) for inclusion in the National Crime Information Center criminal history database.

c. Updates procedures to extend the requirement to submit, or ensure the submission of, fingerprints and criminal history data pertaining to foreign national subjects of investigations.

d. Updates procedures in cases involving violations of chapter 47 of title 10, U.S.C. (also known and hereafter referred to as "The Uniform Code of Military Justice" (UCMJ)) (Reference (e)). These procedures advance the requirement to submit offender criminal history data to the CJIS Division from the point when charges are referred to an earlier point when an agent or other law enforcement investigator determines, following coordination with the servicing Staff Judge Advocate (SJA) or legal advisor if necessary, that probable cause exists to believe that the subject has committed an offense listed in Enclosure 2 of this Instruction, but in no case earlier than apprehension (military), arrest (civilian), or the subject interview.

e. Rescinds the option of holding Federal Document (FD-249), "Suspect Fingerprint Card," in anticipation that final disposition will be available within 60 days. FD-249 shall be submitted in accordance with this Instruction, and final disposition will be recorded and submitted using an FBI/Department of Justice Form R-84, "Final Disposition Report."

APPLICABILITY. This Instruction:

a. Applies to OSD, the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense (IG DoD), the Defense Agencies, the DoD Field Activities, and all other organizational entities within the Department of Defense (hereafter referred to collectively as the "DoD Components").

b. Is not intended to eliminate other requirements to provide criminal history data, including those concerning the Defense Incident Based Reporting System.