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NGB-J34/Protection Division Arlington, VA 141100RNOV18

IMPLEMENTATION GUIDANCE TO ENSURE COMPLIANCE WITH DODI 5505.11, REPORTING REQUIREMENTS

(U//FOUO) References:

a. (U) DoDI 5505.11, Fingerprint Card and Final Disposition Report SubmissionRequirements

b. (U//FOUO) HQDA EXORD 051-18, Army’s Action Plan to Address theChallenges in Reporting of Criminal Information to the FBI

c. (U//FOUO) FRAGO I to HQDA EXORD 051-18, Army’s Action Plan to Addressthe Challenges in Reporting of Criminal Information to the FBI

d. (U) AFI 31-118_AFGM 2017-01, Immediate Implementation of Air ForceGuidance Memorandum to AFI 31-118, Security Forces Standards and Procedures

e. (U) HQ USAF/A4S Memo, 30 April 2018, Fingerprint Requirement for CasesIdentified in the 2017 SFMIS Audit

1. (U//FOUO) SITUATION. On 04 December 2017, the Department of DefenseInspector General (DODIG) published a report that identified Military Services LawEnforcement Organizations (LEOs) were non-compliant in submitting Fingerprint Cards(FD-249) to the Criminal Justice Information Services (CJIS) Division of the FederalBureau of Investigation (FBI) for inclusion in the National Crime Information Center(NCIC) criminal history database. The DODIG has recommended that the DOD takecorrective action to ensure full compliance with the requirement to report criminalinformation to NCIC. The FBI has agreed to allow the DOD to submit any FD-249s toclose out any in pending status.

2. (U//FOUO) MISSION. IAW Department of Defense policies and directives, the NGB-J34, Law Enforcement Support Branch will provide guidance and facilitate the collectionof FD-249 Fingerprint Cards from the Army and Air National Guard of States, Territoriesand the District of Columbia (referred to collectively as “State” from this point). Uponreceipt of this Implementation Guidance and names, States will collect fingerprints fromSoldiers/Airmen identified by NGB-J34 as needing an FD 249 for a past criminaloffense.

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3. (U//FOUO) EXECUTION. a. (U//FOUO) Concept of the Operation. To ensure compliance with DOD policy and directives for reporting criminal information to the FBI, the NGB-J34 has produced the following implementation guidance. Both the Army and Air National Guard will conduct operations to ensure compliance with both the DoDI 5505.11 and their respective service’s directives.

(1) (U//FOUO) Processing Army National Guard (ARNG) Soldiers. This will be conducted in four phases:

(a) (U//FOUO) Phase 1 – Identification of current ARNG Soldiers missing

required FD-249 Fingerprint Cards – NGB-J34 has received a list of Soldiers that are missing FD-249 Fingerprint Cards. This list has been consolidated and screened to identify which Soldiers are currently in the Army National Guard. States that have Soldiers that have been identified as having missing FD-249s will be notified individually of the names and provided all necessary administrative data required for filling out the FD-249s. As additional Soldiers are identified in the future, the respective JFHQ-State will be notified.

(b) (U//FOUO) Phase 2 – Conduct Fingerprinting – JFHQ-S/PMOs will

ensure that identified Soldiers report to their respective State Personnel Security Managers to be fingerprinted using the FD-249. Digital LIVESCAN FD-249s will be printed for mailing; these FD-249s will NOT be digitally transmitted via LIVESCAN. Digital FD-249s are preferred, traditional ink FD-249s are permitted.

(c) (U//FOUO) Phase 3 – Submittal to NGB-J34 – Upon completion of the

FD-249, JFHQ-S/PMOs will double envelope and mail the completed FD-249(s) with a Fingerprint Card Submission Memorandum (See example Annex B) to:

National Guard Bureau J34-Law Enforcement Branch 111 South George Mason Drive Arlington, VA 22204-1373

(d) (U//FOUO) Phase 4 – Submission to CRC – Upon receipt of the FD-249 Fingerprint Cards and corresponding Memorandums, the NGB-J34 will QA/QC these documents. Any incomplete or incorrect documents will result in notification to the respective JFHQ-S/PMOs. JFHQ-S/PMOs will notify the NGB-J34 via email of inbound documents and/or any extenuating circumstances in which the Soldier(s) cannot be printed. Once the FD-249s and Memorandums are complete and accurate, the NGB-J34 will forward them directly to the CRC of USACIDC for processing. The CRC is the U.S. Army organization that is responsible for forwarding criminal and biometric data to the FBI for NCIC inclusion.

(2) (U//FOUO) Processing Air National Guard (ANG) Airmen:

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(a) (U//FOUO) Per USAF policy and guidance, the Security Forces (SF) unit

that investigated and/or apprehended a current ANG Airman is responsible for capturing their fingerprints. As a result, these units will identify any ANG Airman requiring fingerprinting and will be performing this operation themselves.

(b) (U//FOUO) JFHQ-S/PMOs will BPT assist and support any USAF SF

and/or Office of Special Investigations (OSI) personnel in their efforts to complete their mission in fingerprinting an assigned ANG Airman.

(c) (U//FOUO) JFHQ-S/PMOs will report the names, ranks, units and

administrative data on the FD-249s to the NGB-J34 for tracking and reporting procedures.

b. (U//FOUO) Coordinating Instructions.

(1) (U//FOUO) JFHQ-S/PMO (a) (U//FOUO) When fingerprinting Soldiers, the ORI Number for all FD-

249s will be VAUSA1400. This ORI will also be used when ordering FD-249s from the FBI.

(b) (U//FOUO) Instructions for Preparation of the FD-249 will be enclosed in

Annex A. This annex provides step-by-step instructions for filling out each block on the FD-249. Specific instructions for filling out the FD-249s for this operation will be labeled in red and begin with ARNG.

(c) (U//FOUO) JFHQ-S/PMOs will ensure that all FD-249s and corresponding Memorandums are submitted to the NGB-J34 NLT 60 calendar days after receipt. In the event that an applicable Soldier cannot be fingerprinted, the JFHQ-S/PMO will notify the NGB-J34 NLT 60 calendar days after receipt with the exact circumstances as to why the Soldier cannot be fingerprinted and any efforts made to ensure that they were fingerprinted IAW this guidance.

(d) (U//FOUO) All JFHQ-S/PMOs should BPT receive names of Soldiers to be fingerprinted.

(e) (U//FOUO) JFHQ-S/PMOs BPT be contacted/notified by SF/OSI of Airmen within your ranks who will be fingerprinted; provide support and assistance as requested/required.

(f) (U//FOUO) SF/OSI should contact the Airman’s unit or JFHQ-S/PMO. Should SF/OSI contact an Airman directly without notifying their unit or JFHQ-S/PMO, ANG unit commanders and JFHQ-S/PMO should follow up on any indirect information (i.e. via social media, rumors, and second-hand information) to maintain situational awareness and verify its validity.

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(g) (U//FOUO) JFHQ-S/PMOs will notify the NGB-J34 via email the names, ranks, units and administrative data (to include date of printing) of Airmen fingerprinted by SF/OSI. If SF/OSI will not release certain administrative data, report personal data and date of printing to the NGB-J34. Notification to NGB-J34 is for tracking and reporting purposes.

(h) (U//FOUO) Due to the time requirements for SF/OSI to identify, locate and fingerprint ANG Airmen, JFHQ-S/PMOs should anticipate this operation to endure over an extended period of time. 4. (U//FOUO) ADMINISTRATION and LOGISTICS:

a. (U//FOUO) Should ordering of FD-249s for ink printing be necessary, they should be ordered directly from the FBI using Form 1-178 located on the FBI website. (https://forms.fbi.gov/cjis-fingerprinting-supply-requisition-form)

5. (U) COMMAND and SIGNAL

a. (U) Command, Control and Communication: To be determined by JFHQ-S/PMOs.

b. (U) POC for this Implementation Guidance is NGB J34, Law Enforcement

Support Branch.

(1) (U) Primary: William J. Armstrong Jr., MAJ, MP at COMM: (703) 607-8116, or william.j.armstrong46.mil@mail.mil.

(2) (U) Alternate: Jon M. Cookson, LTC, MP at COMM: (703) 607-5345 or

jon.m.cookson.mil@mail.mil.

JON M. COOKSON LTC, MP

Interim Division Chief, Protection Provost Marshal Division

ANNEXES: Annex A – Instructions for Completing FD Form 249 Annex B – Fingerprint Card Submission Memorandum

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L-3. Instructions for Completing FD Form 249

a. All narrative entries will be typed, if possible. If printed, they will be printed in blackink. Broad, felt-tipped pens should not be used.

b. Fingerprints must be rolled carefully and smoothly to avoid smudging or makingunclassifiable prints. Specific techniques for taking fingerprints are contained in ATP 3- 39.12.

c. Fingerprints determined by the FBI to be unclassifiable will be returned to thepreparing office through the CRC for reprinting.

d. The following specific instructions, keyed to the numbered blocks on the FD Datafields preceded by an asterisk (*), must be completed in order for your fingerprint card to be processed by the FBI. However, all data fields are important and should be completed if the information is known.

(1) *Name (NAM) Block: Enter the name obtained from the subject in this field.Abbreviations are not to be used for any part of the name. The format is last name followed by a comma (,) and first and middle names. Suffixes denoting seniority (Jr., Sr., III, etc.) should follow the middle or first name. Do not obstruct this area by using stamps, labels, holes or staples where the name has been printed.

(2) Signature of Person Fingerprinted Block: Obtain signature of the personfingerprinted, in ink.

(3) Social Security Number (SOC) Block: List subject/suspect's social securitynumber if known. Additional social security numbers used by the subject/suspect may be entered in the "Additional Information/Basis for Caution" block on back of the fingerprint card.

(4) Alias/Maiden Name Block: Enter other names used by the subject that aredifferent than the name entered in "NAM" block #1, including the signature name, using the same format (i.e. LAST, FIRST, MIDDLE, SUFFIX). If more space is needed, enter additional aliases in the "Additional Information/Basis for Caution" block #34 on the reverse

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side of the fingerprint card. Maiden names and all previous married names should be entered in the alias field, if known.

Figure L-2. Blocks 1 thru 4

(5) FBI UCN (FBI) Block: Enter the assigned FBI UCN for subject/suspect, if known. The transaction control number (TCN) will be documented in the CAS for each fingerprint submission. ARNG: Leave Blank

(6) State Identification Number (SID) Block: ARNG: Leave blank.

(7) *Date of Birth (DOB) Block: Enter the DOB in month, day and year format (i.e. MM/DD/YYYY). If a complete DOB is not known, enter the approximate age followed by the statement "YEARS OF AGE." Note: The FBI does not process fingerprint cards of persons 99 years old or older.

List additional dates of birth on face side of fingerprint card, in the "Additional Information/Basis for Caution" block.

NOTE: IF THE DOB BLOCK IS LEFT BLANK, AND THE CARD DOES NOT HAVE A FBI UCN QUOTED, THE CARD WILL BE RETURNED WITHOUT PROCESSING.

(8) *Sex (SEX) Block: Sex must indicated by either "F" (female) or "M" (male) at the time of birth.

Note: Indicate in the "Additional Information/Basis for Caution" block if the subject/suspect is a transvestite or has undergone a sex change operation. If applicable, list any opposite gender names used in the "Alias" block.

(9) Race (RAC) Block: Race must be indicated by using the race code table:

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RACE CODE TABLE

External Code Literal Description (If Subject is)

A Asian or Pacific Islander

Chinese, Japanese, Filipino, Korean, Polynesian, Indian, Indonesian, Asian Indian, Samoan, or other Pacific Islander Vietnamese

B Black A person having origins in any of the black racial groups of Africa

I

American Indian or Alaskan Native

American Indian, Eskimo, or Alaskan Native, or a person having origins in any of the 48 contiguous states of the United States or Alaska who maintains cultural identification through tribal affiliation or community recognition

U Unknown Of Indeterminable Race

W

White Caucasian, Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race.

(10) Height (HGT) Block (3 characters): Height must be expressed in feet and inches. Fractions of an inch should be rounded off to the nearest inch. Inches less than ten should be preceded by a zero. For example: Five feet four inches should be submitted as "504" and six feet even should be submitted as "600."

(11) Weight (WGT) Block (3 characters): Weight must be expressed in pounds.

Fractions of a pound should be rounded off to the nearest pound.

(12) Eye Color (EYE) Block (3 characters): Indicate eye color by entering one of the three-character codes from the eye color code table:

EYE COLOR CODE TABLE

Eye Color Literal External Code

BLACK BLK

BLUE BLU

BROWN BRO

GRAY GRY

GREEN GRN

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HAZEL HAZ

MAROON MAR

PINK PNK

UNKNOWN XXX

(13) Hair Color (HAIR) Block (3 characters): Indicate hair color by one of the following three-character codes from the hair color code table:

HAIR COLOR CODE TABLE

Hair Color Literal External Code

BALD BAL

BLACK BLK

BLONDE (or strawberry) BLN

BROWN BRO

GRAY (or partially gray) GRY

ORANGE ONG

PURPLE PLE

PINK PNK

RED (or auburn) RED

SANDY SDY

WHITE WHI

UNKNOWN XXX

Figure L-3. Blocks 5 thru 13

(14) *Fingerprint Impression Blocks (Individual & Simultaneous). It is very important that care be taken to roll the fingers from nail to nail when recording individual finger impressions. This will help ensure legibility. Roll the prints in the correct sequence code (note the right and left hand designations in the finger blocks) and obtain simultaneous plain "flat" impressions at 45 degree angles, if possible, that do not extend up into the rolled impressions. Indicate amputated fingers, tip-amputated, transplanted toes/fingers, missing at birth, deformed, bandaged, etc., in the appropriate finger block(s).

Note: Fingerprint cards received with contributor and/or state bureau markings will be rejected (i.e., identifying symbols, cross marks, or finger impressions already classified).

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Figure L-4. Block 14

(15) Juvenile Fingerprint Block: If the subject is charged as an adult, indicate this

by checking both boxes. Juvenile fingerprint cards will be accepted and retained, provided the card contains criterion charges and there is no indication that the card should be returned to your agency. ARNG: N/A

(16) Date of Arrest (DOA) Block: Enter the date the subject was arrested in

month, day, year format (i.e. MM/DD/YYYY). If the contributor is a prison/jail, enter the date received. ARNG: List Apprehension Date; if unknown leave blank

(17) Originating Agency Identifier (ORI) Number Block: Only the ORI of the Crime Records Center will be listed in this block. The correct ORI for the Crime Records Center is as follows:

VAUSA1400 US ARMY Quantico, VA ARNG: All FD-249s will list the above ORI and address

IMPORTANT: NEVER BORROW PREPRINTED FINGERPRINT CARDS FROM OR LOAN YOUR PREPRINTED FINGERPRINT CARDS TO OTHER AGENCIES.

(18) Send Copy to (SCT) Block: Not required ARNG: Leave blank

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(19) Date of Offense (DOO) Block: Enter the date the offense was committed in month, day, and year format (i.e. MM/DD/YYYY). Leave blank if the date of offense is unknown. ARNG: Leave blank

(20) Place of Birth (POB) Block (state or country): Enter the state, territorial possession, province (Canadian), or country of birth. Use the correct abbreviation for foreign countries or correctly spell the name of the country. Do no list a county as a POB.

(21) Country of Citizenship: Enter "U.S." if subject is a citizen of the United States;

otherwise, enter appropriate country. Use the correct abbreviation for foreign countries or correctly spell the name of the country. "YES" or "NO" responses are not acceptable.

Figure L-5. Blocks 15 thru 21

(22) Miscellaneous Number (MNU) Block: The MNU is an identifying number associated with the subject such as a U.S. military service number (utilized before the issuance of the SSN and phased out in 1969), passport number, etc. Enter the appropriate code from the MNU table, a hyphen (-), then the MNU. The DoD ID and state issued driver's license numbers will not be used in this block. ARNG: Leave blank

Miscellaneous Number Table

External Code Description

AF Air Force Serial Number

AN Non-Immigrant Admission Number

AR Alien Registration Number

AS Army Serial Number (including National Guard and Air National Guard)

BF Bureau Fugitive

CI Canadian Social Insurance Number

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CG U.S. Coast Guard Serial Number

IO Identification Order Number

MD Mariner's Document or Identification Number

MC Marine Corps Serial Number

MP Royal Canadian Mounted Police Identification Number (FPS Number)

NA National Agency Case Number - Military

NS Navy Serial Number

OA Originating Agency Police Identification Number

PI Personal Identification Number (State Issued only)

PP Passport Number

PS Port Security Card Number

SS Selective Service Number

VA Veterans Administration Claim Number

(23) Scars, Marks, Tattoos, (SMT) and Amputations Block: Enter any scars, marks, tattoos, discolorations, moles, missing or artificial body parts, deformities, piercings, needle marks, transplanted toes/fingers, and/or amputations. Finger, hand, and arm amputations should also be noted in appropriate finger block(s) on the front side of the card. A list of approved abbreviations can be found in the NCIC Code Manual.

(24) Residence/Complete Address: Enter complete residential address and zip

code obtained from the subject's identification.

(25) Official Taking Fingerprints: Enter name or number of official taking fingerprints. ARNG: Enter name, not number

(26) Local Identification/Reference Number Block: Enter the LER number (without

the CRC number) as documented in ALERTS. For example: 00123-2018-CID001. ARNG: List Case Number

(27) Photo and Palm Prints Block: Indicate if photo and/or palm prints are available.

ARNG: Check "NO" for both

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Figure L-6. Blocks 22 thru 27

(28) Employer Block: Enter U.S. Army. If U.S. Government, indicate agency, if military, list branch of service and serial number. Otherwise, indicate company or agency where subject/suspect is employed. ARNG: Enter U.S. Army

(29) Occupation Block: Indicate occupation, if available. Enter the title of the subject/suspects primary MOS. ARNG: Enter the title of the Soldier's primary MOS

(30) *Charge/Citation Block: Enter the charge(s) in literal terms (i.e. murder, rape, robbery, assault, etc.). Note the numeric four digit NCIC Codes should not be used. Each charge block entry can be up to 300 characters. While abbreviations should not routinely be used, only easily understood abbreviations should be submitted when charge information needs to be shortened. Place one charge in each space provided. If there are more than three charges, continue numbering and place additional charge(s) in the "Additional Information/Basis for Caution" block #34.

Note: Only those offenses listed in Figure L-1 above will be reported to the FBI.

(31) Disposition Block: Final disposition and date: If available, enter the disposition data including the sentence date for each corresponding charge. Indicate the type of sentence imposed if applicable (i.e. consecutive, concurrent, probation, etc.). Number each disposition to correspond with the appropriate charge. If the subject was convicted or pled guilty to a lesser charge, include the modification with the disposition. If a single disposition applies to all charges listed, please indicate. If the disposition is not available at the time fingerprinted, submit an update on Form R-84. It is not necessary to list "Disposition not available," "Not yet disposed," or any similar phrase. If more space is needed, continue numbering and place additional dispositional data in the "Additional" block #32, (Dispositions). ARNG: Leave blank

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Example of Disposition Block for General and Special Court-Martial Findings

(a) The disposition of "conviction" will only be reported for crimes prosecuted by

general or special court-martial yielding a plea or a finding of guilty. Adverse findings resulting from a summary court-martial should not be recorded as a conviction. Although action by summary court-martial is disciplinary in nature for a violation of military law, the Supreme Court has ruled that a summary court-martial is not a criminal proceeding (see U.S. Supreme Court Case 425 U.S. 25, Middendorf v. Henry).

Example of Disposition Block for Summary Court-Martial Findings

(b) Under no circumstances will non-judicial punishment under Article 15 of the UCMJ be listed as a guilty finding. The disposition of "conviction" or "guilty" will only be reported for crimes prosecuted at trials by general or special court-martial yielding a plea or finding of guilty. Adverse findings stemming for non-judicial punishment under Article 15 of the UCMJ should be listed as follows:

Example of Disposition Block with Article 15 findings

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(c) Once the probable cause determination (refer to paragraph 5.31 of this regulation for additional details) is made, the FD 249 will be submitted. If the disposition is not available at the time fingerprinted, submit an update on Form R-84. It is not necessary to list "Disposition not available," "Not yet disposed," or any similar phrase.

Example of Disposition Block Pending DA Form 4833 action

Figure L-7. Blocks 28 thru 31

(32) Additional Block (Charges): Enter additional charges when there are more

than three and number each one. If more space is needed, continue numbering and place additional charge(s) in the "Additional Information/Basis for Caution" block #34.

(33) Additional Block (Dispositions): If available, enter the final dispositional data

for each corresponding charge when there are more than three and number each one. If more space is needed, continue numbering and place additional dispositional data in the "State Bureau Stamp" block #35. ARNG: Leave blank

(34) Additional Information/Basis for Caution Block: Enter additional or multi-

informational data that did not fit in the blocks provided (i.e., additional DOBs, or additional SOCs, etc.). In addition, this block also provides reason for caution. Information which indicates a condition that could be expected to continue when dealing with the subject (i.e., escape risk, armed and dangerous, martial arts, etc.) should be entered.

(35) Bureau Stamp Block: ARNG: Leave blank

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Figure L-8. Blocks 32 thru 35

Figure L-9. Front of the FD 249

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Figure L-10. Back of the FD 249

OFFICE SYMBOL Date

MEMORANDUM FOR United States Army Crime Records Center, 27130 Telegraph

Road, Quantico, VA 22134

SUBJECT: Fingerprint Card Submission – XXXXX-XX-CIDXXX-XXXXXX

1. The attached FD 249 Suspect Fingerprint Card is submitted in accordance

with HQDA EXORD 051-18 and DoD Instruction 5505.11.

2. On xx xxx 20xx, the Joint Force Headquarters-State fingerprinted the the below listed

ARNG Soldier using an FD-249 Fingerprint Card for the following offenses:

NAME (LAST, FIRST, MI) OFFENSE(S) (include the appropriate UCMJ Article)

Doe, John E. Art. 120, UCMJ, Aggravated Sexual Assault

Art. 130, UCMJ, Housebreaking

Art. 107, UCMJ, False Official Statements

3. The point of contact is the undersigned at (xxx) xxx-xxxx, email: xxxx.xxxx@mail.mil.

SIGNATURE BLOCK

(of person preparing memorandum)

DEPARTMENTS OF THE ARMY AND THE AIR FORCE JOINT FORCE HEADQUARTERS

STATE NATIONAL GUARD

OFFICE OF THE ADJUTANT GENERAL

Address

REPLY TO

ATTENTION OF: