BY ORDER OF THE AIR FORCE INSTRUCTION SECRETARY …

1 DEPARTMENT OF THE AIR FORCE HEADQUARTERS UNITED STATES AIR FORCE WASHINGTON, DC AFI 31-118_AFGM 2017-01 21 December 2017 MEMORANDUM FOR DISTRIBUTION C MAJCOMs/FOAs/DRUs FROM: AF/A4S 1030 Air FORCE Pentagon, Suite 5E1040 Washington DC 20330 SUBJECT: Immediate Implementation of Air FORCE Guidance Memorandum to AFI 31-118, Security Forces Standards and Procedures. By ORDER of the SECRETARY of the Air FORCE , this Air FORCE Guidance Memorandum immediately changes AFI 31-118, Security Forces Standards and Procedures, outlined in Attachment 1 of this memorandum. To the extent its directions are inconsistent with other Air FORCE publications; the information herein prevails, in accordance with AFI 33- 360, Publications and Forms Management. The attachment to this memorandum provides procedures to Security Forces personnel for entering Military Protective Orders into the National Crime Information Center. It also updates Air FORCE policy on fingerprinting of both military and civilians who are under investigation by Security Forces or have a final disposition for offenses listed in Enclosure 2 of DoDI , Fingerprint Card and Final Disposition Report Submission Requirements.

2 Finally, the attachment updates policy for submitting applicable offender criminal history data and fingerprints to the Federal Bureau of Investigations, Criminal Justice Information Services Division. This Memorandum becomes void after one year has elapsed from the date of this Memorandum, or upon publishing of an interim change to, or rewrite of AFI 31-118, whichever is earlier. ANDREA D. TULLOS, Brig Gen, USAF Director of Security Forces DCS, Logistics, Engineering and FORCE Protection Attachments: AFI 31-118 Policy Update AFI 31-118 POLICY UPDATE (Change) Pre-trial Confinement. When detained locally, pre-trial detainees are confined IAW Rules for Courts-Martial, 304-308, and Article 13, UCMJ, and are confined if they specifically meet the criteria outlined in RCM, Rule 305 (h) (2) (B). Refer to AFI 31-105, The Air FORCE Corrections System, for further information. (Change) Holding and Detention Cells. Holding and detention facilities support law enforcement operations only.

3 Refer to AFI 31-105 for further information. (Add) Protective Orders. Security Forces personnel shall enforce protective orders issued by military commanders and civilian protective orders issued to or on behalf of Air FORCE members by civilian courts. (Add) Military Protective Orders. (Add) Upon notification of a Military Protection ORDER (MPO) Security Forces will initiate a police report, creating the required Originating Agency Case Number. Place the active MPO in the National Crime Information Center (NCIC) for the duration of the ORDER . Security Forces will place the MPO in the NCIC Protective ORDER File and use PROTECTION ORDER CONDITIONS (PCO) Field Code 08 with the following mandatory caveat in the miscellaneous field: THIS IS A MILITARY PROTECTIVE ORDER AND MAY NOT BE ENFORCEABLE BY NON-MILITARY AUTHORITIES. IF SUBJECT IS IN POSSIBLE VIOLATION OF THE ORDER , ADVISE THE ENTERING AGENCY (MILITARY LAW ENFORCEMENT).

4 Meeting this requirement satisfies the Commander s responsibility to notify civilian authorities. (T-0) (Add) A military protective ORDER shall remain in effect until such time as the ORDER expires, the commander terminates the ORDER or issues a replacement ORDER . Upon notification Security Forces will ensure the MPO notification within NCIC has been rescinded or updated. (T-0) (Add) Civilian Protective Orders. A civilian protective ORDER shall have the same FORCE and effect on all DoD installation as such ORDER has within the jurisdiction of the court that issued the ORDER . Law enforcement personnel shall take all reasonable measures necessary to ensure that a civilian protective ORDER is given full FORCE and effect on all DoD installations within the jurisdiction of the court that issued such ORDER . Document the issuance of a civilian protection ORDER on the DD Form 2873, para 4 is applicable. (Change) Fingerprinting Suspects Suspected of Criminal Offenses.

5 DoDI , Fingerprint Card and Final Disposition Report Submission Requirements, requires an FD-249, Criminal Fingerprint Card, be submitted on all subjects under investigation by Security Forces for offenses equivalent to those identified in DoDI , Enclosure 2. (T-0) Attachment 9 of this AFI provides guidelines to assist in determining when to submit suspect fingerprints. The apprehending section within Security Forces is responsible for fingerprinting collection and inclusion in applicable reports. Security Forces S5, must conduct a final review of the investigative file to ensure compliance with criminal history data reporting requirements at apprehension and final disposition. Security Forces squadron commanders will review compliance monthly with their Operations and Reports and Analysis flights. Squadrons will report compliance results using the Fingerprinting & DNA Compliance Reporting Tool located at NLT the 7th day of each month.

6 Squadrons will then send the report to their respective MAJCOM/A4S and to AFSFC and NLT the 14th day of each month. The AFSFC will host a quarterly teleconference and/or DCS to discuss trends, identify shortfalls, share lessons learned, and enhance compliance. Lastly, Security Forces units and AFSFC must utilize the Indexing, Fingerprinting and DNA Collection checklist located at The checklist will accompany the case file throughout the investigative process and be submitted to the AFSFC (if applicable). The completed checklist must be included in the investigative file when it is closed. (Change) Units must complete the electronic fingerprints and prepare a Form R-84, Final Disposition Report, when required. If the subject s final disposition is listed on the FD-249, there is no need to complete an R -84. Personnel must ensure administrative data required on both forms is the same. Where required, a Privacy Act Statement, Attachment 10, shall be provided to each suspect whose personal data is collected in accordance with DoD , Department of Defense Privacy Program.

7 (T-0) (Change) When submitting the FD-249 or Form R -84, charges must be described in commonly understood descriptive terms ( , murder, rape, robbery, assault, possession of a controlled substance) or by a commonly understood title. Offenses shall not be described solely by references to a UCMJ punitive article or to the or other statutory provision. Investigators must ensure that the charges annotated on the FD-249 reflect the actual charges being pursued through court-martial or non-judicial punishment. The disposition of conviction shall only be reported by a general or special courts-martial yielding a plea or finding of guilty. (T-0) (Change) Security Forces units where electronic fingerprinting is unavailable or inoperative, must prepare two FD-249s. Ensure all fingerprints are legible and all information is collected on both copies of the FD-249. One copy of the FD-249 will be maintained with the investigative file and the second copy will be forwarded to AFSFC via certified mail for submission into the FBI s Criminal Justice Information Services until digital means are available.

8 (T-0) The address for where to send fingerprint cards is: AFSFC 1517 Billy Mitchell Blvd Joint Base San Antonio-Lackland, Texas 78236-0119 (Add) FD-249 and R-84 reports will be maintained in accordance with DoD , Department of Defense Privacy Program and DoDI , Collection, Maintenance, Use, and Dissemination of Personally Identifiable Information and Law Enforcement Information by DoD Law Enforcement Activities. (T-0) (Add) Security Forces units must receive the Federal Bureau of Investigations number associated with the submitted fingerprints and maintain with the investigative file. (T-0) (Add) Units must receive a transaction control number (TCN) from the Federal Bureau of Investigations on acceptance of the fingerprints into Criminal Justice Information Services Division. TCNs must be retained and retrievable by the unit that submitted the FD-249 in the event it becomes necessary for the organization to retrieve a particular set of fingerprints.

9 The TCN is in addition to the Federal Bureau of Investigations number associated with the submission in accordance with paragraph (Change) Military Subjects. Security Forces will submit the FD-249 to the Federal Bureau of Investigations, Criminal Justice Information Services Division when an agent or law enforcement official determines, in conjunction with the servicing SJA or legal advisor, that probable cause exists to believe the person has committed an offense listed in DoDI , Enclosure 2. (T-0) In practice, this means that a servicing SJA or legal advisor finds a basis for probable cause is legally sufficient and that a Security Forces member determines probable cause exists to believe the person has commited and offense listed in DoDI , Enclosure 2. As applicable, such coordination with SJA must be documented in the investigative file. (T-0) Security Forces units will submit FD-249 within 15 days of the probable cause determination.

10 (T-1) (Change) Security Forces will submit the Form R-84 within 15 calendar days after final disposition of military judicial or nonjudicial proceedings, or the approval of a request for discharge, retirement or resignation in lieu of court-martial. (T-0) (Change) Do not hold the FD-249 or Form R-84 pending appellate actions. Security Forces, S5 Reports and Analysis must report appellate action affecting the character of an initial disposition. Submit to the Federal Bureau of Investigations and document in the investigative file a new R -84 when dispositions are exculpatory in nature ( , dismissal of charges, acquittal and nonjudicial punishment set aside). (T-0) (Change) Civilian Subjects. Security Forces will submit the FD-249 to the Federal Bureau of Investigations, Criminal Justice Information Services Division when an agent or law enforcement official determines, in conjunction with the servicing SJA or legal advisor, that probable cause exists to believe the person has committed an offense listed in DoDI , Enclosure 2.