SUBJ/INTERIM PROCEDURES FOR COMPLIANCE WITH DODI 5505.11 FINGERPRINT CARD AND FINAL DISPOSITION REPORT SUBMISSION REQUIREMENTS//

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//

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