Army Law Enforcement Reporting and Tracking System - UNCLASSIFIED
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Department of the Army
Pamphlet 190–45
Military Police
Army Law
Enforcement
Reporting
and Tracking
System
Headquarters
Department of the Army
Washington, DC
18 April 2019
UNCLASSIFIEDSUMMARY DA PAM 190 – 45 Army Law Enforcement Reporting and Tracking System This new publication, dated 18 April 2019-- o Provides sample reports (chap 2 and chap 5). o Provides an overview of the case review process (chap 5). o Provides guidance about roles in reporting and tracking cases (throughout).
Headquarters Pamphlet 190–45
Department of the Army
Washington, DC
18 April 2019
Military Police
Army Law Enforcement Reporting and Tracking System
Applicability. This pamphlet applies to full analysis of the expected benefits and
the Regular Army, the Army National must include formal review by the activ-
Guard/Army National Guard of the United ity’s senior legal officer. All waiver re-
States, and the U.S. Army Reserve, unless quests will be endorsed by the commander
otherwise stated. It also applies to Depart- or senior leader of the requesting activity
ment of the Army Civilian police, criminal and forwarded through their higher head-
investigators, and security guard activities. quarters to the policy proponent. Refer to
This pamphlet applies during partial and AR 25 – 30 for specific guidance.
full mobilization.
Suggested improvements. Users are
Proponent and exception authority. invited to send comments and suggested
The proponent for this pamphlet is the improvements on DA Form 2028 (Recom-
Provost Marshal General. The proponent mended Changes to Publications and Blank
has the authority to approve exceptions or Forms) directly to the Provost Marshal
waivers to this pamphlet that are consistent General (DAPM – MPO– LE), 2800 Army
with controlling law and regulations. The Pentagon, Washington, DC 20310 – 2800.
History. This publication is a new De- proponent may delegate this approval au-
partment of the Army pamphlet. thority, in writing, to a division chief within Distribution. This pamphlet is available
in electronic media only and is intended for
Summary. This pamphlet provides a the proponent agency or its direct reporting
the Regular Army, the Army National
general operational guide for roles created unit or field operating agency, in the grade
Guard/Army National Guard of the United
within the DA Form 190 –45– SG (Army of colonel or the civilian equivalent. Activ-
States, and the U.S. Army Reserve.
Law Enforcement Reporting and Tracking ities may request a waiver to this pamphlet
System (ALERTS)), to support law en- by providing justification that includes a
forcement reporting functions.
Contents (Listed by paragraph and page number)
Chapter 1
Overview Army Law Enforcement Reporting and Tracking System, page 1
Section I
Introduction, page 1
Purpose • 1– 1, page 1
References • 1– 2, page 1
Explanation of abbreviations and terms • 1 – 3, page 1
Section II
Initiating a Case in Army Law Enforcement Reporting and Tracking System, page 1
Receipt of a criminal complaint • 1 – 4, page 1
Subject/suspect • 1– 5, page 2
Victims • 1– 6, page 3
Types of offenses • 1 – 7, page 4
Case numbers • 1 – 8, page 4
U.S. Army Crime Records Center numbers • 1 – 9, page 5
Initiating the blotter • 1 – 10, page 5
Initiating a journal • 1 – 11, page 6
DA PAM 190–45 • 18 April 2019 i
UNCLASSIFIEDContents—Continued Chapter 2 Investigative Reports, page 6 Section I The Law Enforcement Report, page 6 Preparing the law enforcement report • 2 – 1, page 1 Format of the law enforcement report • 2 – 2, page 7 Initial law enforcement report • 2 – 3, page 11 Status law enforcement report • 2 – 4, page 11 Final law enforcement report • 2 – 5, page 13 Initial/final law enforcement report • 2– 6, page 15 Interim law enforcement report • 2 – 7, page 15 Supplemental law enforcement report • 2 – 8, page 15 Corrected law enforcement report • 2 – 9, page 16 Referred law enforcement report • 2 – 10, page 16 Collateral law enforcement report • 2 – 11, page 16 Joint law enforcement report • 2 – 12, page 16 Section II Serious Incident Reports, page 16 Reporting criteria • 2 – 13, page 16 Preparation and dispatch • 2 – 14, page 16 Absent without leave, and deserter situations • 2 – 15, page 17 Protective orders • 2 – 16, page 17 Case activity summary • 2 – 17, page 17 Chapter 3 Criminal Offense Codes, page 19 Reporting offenses • 3 – 1, page 19 Primary offense code • 3– 2, page 19 Detailed offense code • 3 – 3, page 19 Special considerations • 3 – 4, page 20 Chapter 4 Commander’s Report of Disciplinary or Administrative Action, page 20 Background • 4 – 1, page 20 Commander’s responsibilities • 4 – 2, page 20 Completing a Department of the Army Form 4833 in the tracking system • 4 – 3, page 21 Chapter 5 Case Review Process, page 21 Law enforcement official starts review process • 5 – 1, page 21 Supervisors influence review process • 5 – 2, page 21 Appendixes A. References, page 50 B. Offense Codes for Army Investigations, page 53 Table List Table B– 1: Offense code list, page 53 Figure List Figure 1 – 1: The case flow for DA Form 190– 45 – SG, also known as ALERTS, page 2 Figure 1 – 2: Example of case number format, page 5 ii DA PAM 190–45 • 8 April 2019
Contents—Continued
Figure 1 – 3: Example of a Crime Records Center number format, page 5
Figure 2 – 1: Example of an offense listing, page 7
Figure 2 – 2: Example of date, time, and location of occurrences, page 7
Figure 2– 3: Example of a report summary, page 9
Figure 2 – 4: Sample of unique circumstances with information, page 9
Figure 2 – 5: Sample of unique circumstances without information, page 10
Figure 2 – 6: Sample of unique circumstances with partial information, page 10
Figure 2 – 7: Sample of a no-media-interest annotation, page 10
Figure 2 – 8: This sample documents interest by regional media, page 11
Figure 2– 9: Sample report summary for a status law enforcement report, page 12
Figure 2– 10: Sample of exhibits for a final law enforcement report, page 14
Figure 2 – 11: Status statements for various reports, page 15
Figure 2 – 12: Sample of case activity summary, page 18
Figure 5 – 1: Sample of an initial law enforcement report, page 22
Figure 5–2: Sample of a 1st status law enforcement report, page 24
Figure 5 – 3: Sample of a final law enforcement report, page 26
Figure 5 – 4: Sample of an initial/final law enforcement report (drug offense), page 30
Figure 5 – 5: Sample of a serious incident report (category 2) initial/final law enforcement report, page 33
Figure 5 – 6: Sample of a serious incident report (category 2) final supplemental law enforcement report, page 35
Figure 5 – 7: Sample of a serious incident report (category 1) initial law enforcement report, page 37
Figure 5 – 8: Sample of a serious incident report (category 1) 1st status law enforcement report, page 39
Figure 5 – 9: Sample of a serious incident report (category 1) final law enforcement report, page 41
Figure 5 – 10: Sample of a serious incident report (category 1) 1st supplemental law enforcement report, page 44
Figure 5 – 11: Sample of a serious incident report (category 1) 2nd final supplemental law enforcement report, page 47
Glossary
DA PAM 190–45 • 18 April 2019 iiiChapter 1
Overview Army Law Enforcement Reporting and Tracking System
Section I
Introduction
1– 1. Purpose
This pamphlet provides procedural guidance for the preparation and reporting of law enforcement reports (LERs), and
serious incident reports (SIRs), using DA Form 190 – 45 – SG (Army Law Enforcement Reporting and Tracking System
(ALERTS)). This pamphlet standardizes the use of this system as the automated reporting system for military law enforce-
ment reporting throughout the Army, providing commanders, Headquarters, Department of the Army (HQDA), and the
Department of Defense (DOD) a record of LERs and services. Policy pertaining to each of these reports is contained in
AR 190 – 45.
1– 2. References
See appendix A.
1– 3. Explanation of abbreviations and terms
See the glossary.
Section II
Initiating a Case in Army Law Enforcement Reporting and Tracking System
1– 4. Receipt of a criminal complaint
a. Criminal complaint. A criminal complaint is defined as an allegation of incidents with a criminal nexus and does
not include acts of nature, special events, special missions, accidental damage incidents, or health and welfare incidents,
unless they result in a criminal offense. AR 195– 2 defines which organization (such as the Criminal Investigation Division
(CID), installation law enforcement, or a command unit) fulfills roles to investigate a suspected criminal offense when the
Army has an interest.
b. Installation law enforcement, for offenses not under the Criminal Investigation Division’s purview. When an instal-
lation law enforcement supervisor receives an initial complaint of an offense, a patrol is assigned the case or investigation.
A case is begun as an LER (see para 2– 1), and all useful and mandatory information is entered into DA Form 190– 45– SG,
also known as ALERTS.
(1) If no further investigative activity is required by the patrol, a combined initial-final LER is started, and the report is
sent to a designated approver of case reports. The approver is then prompted to consider if the information will be sent to
the military police (MP) blotter in the raw data file (RDF). The approver may determine that the offense code of the LER
is U.S. Army Crime Records Center (CRC) reportable and then adds the CRC number, if applicable.
(2) If further police or investigative activity is required by the patrol, military police investigation (MPI) unit, or traffic
accident investigation (TAI) unit, an initial report is started, and then submitted to the designated approver of case reports.
The designated approver may decide to send the information to the blotter before dispatching the initial report. Depending
on the offense, the designated approver may transfer the LER to an MPI unit, TAI unit, or to CID. An initial LER requires
publication of a final LER, unless it is a combined initial-final report.
(3) When a law enforcement element receives information about an alleged criminal incident that may be of Army
interest, a case is initiated using ALERTS. A case number is automatically assigned.
c. Installation law enforcement, for offenses under the Criminal Investigation Division’s purview. When the installa-
tion law enforcement officer receives a complaint and determines the offense is within the CID investigative purview,
there are two possible courses of action. The installation law enforcement officer can initiate and dispatch the initial LER,
using ALERTS, and then refer the matter to CID. Or CID can initiate the investigation, in ALERTS, and follow through
to initiate and dispatch the initial report.
(1) The law enforcement officer or CID special agent provides details and actions taken, throughout the course of their
investigation, within the case activity summary (CAS) tab of DA Form 190 – 45 – SG, also known as ALERTS. For example,
full identities of all known complainants, victims, witnesses, offenders, and so forth should be included. The time it takes
to gather such data should also be reported.
DA PAM 190–45 • 18 April 2019 1(2) Accuracy is essential in reporting for LERs. Users who approve LERs, such as designated approvers and CID su-
pervisors, should review the report in ALERTS, and direct any corrections before approval of the LER, ensuring mandatory
data fields are accurate and complete.
Figure 1–1. The case flow for DA Form 190–45– SG, also known as ALERTS
1– 5. Subject/suspect
a. A subject/suspect is a person, corporation, or other legal entity about whom credible information exists that would
cause a trained investigator or police officer to presume that the person committed a criminal offense in accordance with
DODI 5505.7. See AR 190 – 45 for titling and indexing policy.
b. As with other civilian offenders, titling juveniles as subject/suspects in a LER is appropriate only if their activities
are a violation of an applicable Federal, State, or foreign statute. The juvenile offenders biographical and sponsor infor-
mation will be followed by the automated notation in ALERTS: "JUVENILE - This record may be released only as au-
thorized by AR 195 – 2, and AR 190 – 45. In overseas areas, if there is no violation of a U.S. statute with extraterritorial
application and the host country law establishes a threshold age for criminality, those subjects below the requisite age are
not listed in the subject/suspect block, but are only identified in the investigative summary of the LER.”
2 DA PAM 190–45 • 18 April 2019c. A corporation is criminally liable for the acts of its agents or employees, if the agent or employee commits a crime
within the scope of his employment and with intent to benefit the corporation. Therefore, in that type of report, the indi-
vidual and corporation will be titled as subject/suspects.
d. The LER is a “case-based” report, meaning an incident(s) is documented within a particular case, and the incident(s)
in turn contains an offense(s). Since the Defense Incident-Based Reporting System (DIBRS) is incident-based and not
case-based, a “subject/suspect” entity must be linked to each incident to accurately report incidents in DIBRS.
(1) The entry “unknown” will be used as the subject/suspect entity in a LER:
(a) When a subject/suspect is not identified, or
(b) Where a subject/suspect is identified but no credible information exists to title the subject/suspect. In the latter
situation, the subject/suspect will be identified in the report summary. If there is more than one unknown subject/suspect,
“unknown” will be listed consistent with the number of subject/suspects reported. For example, if a victim reports being
assaulted by two unknown subject/suspects and then raped by a third, the LER will reflect "unknown” for subject/suspects
1, 2, and 3. This procedure allows the linking of subject/suspects to the specific offenses. Biographical data pertaining to
“unknown” subject/suspects will be recorded as it becomes known. As “unknown” subject/suspects become identified, the
“unknown” will be overwritten with the information pertaining to the identified subject/suspect. If an LER initially contains
an “unknown” subject/suspect, and all offense(s) pertaining to the subject/suspect are cleared in the investigation process,
the “unknown” will be changed to “none.”
(2) The entry “none” will be used as the subject/suspect entity in undetermined deaths, suicides, and accidental or
natural deaths when no other offenses are involved. In those cases the deceased person will be entered as a victim.
(3) The entry “none” will be used as the subject/suspect entity in cases determined to be cleared through the investiga-
tion process prior to the dispatch of the initial report. If, based upon the totality of the preliminary portion of the investi-
gation, the “victim” was intentionally deceptive, then the victim may be added as subject/suspect 2 for filing a false report,
false swearing, and so forth; however, “none” will remain as subject/suspect 1.
(4) The entry “none” will be used as the subject/suspect entity in a status LER, final LER, and supplemental LER, when
all offenses pertaining to that entity are determined to be unfounded. However, a previously listed “unknown” subject/sus-
pect entity will remain as “unknown” if any offense is determined to be founded, or when there is insufficient evidence.
When an actual entity (person) other than "unknown" is listed in the subject/suspect block, and all offenses are determined
to be unfounded, that entity will remain listed in the subject/suspect block.
1– 6. Victims
a. The victim of a crime against persons (for example, murder, robbery, assault, or rape) is the person who suffered the
injury or who was put in danger or fear by the criminal act.
b. The victim for all offenses involving sex crimes between consenting adults, except adultery, is the Government (for
example, Government [Indecent Acts]). For further guidance regarding adult private consensual sexual misconduct refer
to DODI 5505.08.
c. In cases of adultery when a married Servicemember is a subject/suspect, his or her spouse will be listed as a victim.
However, if the only married subject/suspect is a nonmilitary member, then the Government will be listed as the victim.
d. In cases of bigamy, the victims will be the alleged spouses, lawful and unlawful, and the State where the fraudulent
marriage occurred. In the event services were rendered by the Government to the unlawful spouse, the Government would
be added as a victim for the offenses of fraud and false official statements. In general, marriages that are legally performed
and valid abroad are also legally valid in the United States. Inquiries regarding the validity of a marriage abroad should be
directed to the attorney general of the State in the United States where the parties to the marriage live.
e. The victim of a crime against property (for example, larceny, damage to private property or housebreaking) is the
owner of the property involved.
(1) The owner of private property is the person, corporation, or other legal entity commonly viewed as having owner-
ship, regardless of security interests (for example, liens, mortgages) held by others.
(2) The owner of Government property is the U.S. Government. Further identification by agency, activity, or unit down
to company, battery, or troop level may be made in parentheses, such as, U.S. Government, (A Company, 71st Ordnance
Battalion), Fort Example, FL. Individuals having personal responsibility for U.S. Government property entrusted to them
for their exclusive personal use will also be listed as a victim. (An example of exclusive use is a government laptop com-
puter hand receipted for use while on temporary duty.)
(3) The victims of housebreaking or burglary in U.S. Government quarters or barracks will be both the U.S. Government
and the assigned occupant. In the case of privatized quarters, the company that owns the quarters (and not the U.S. Gov-
ernment) and the assigned occupant are the victims.
f. For all offenses involving wrongful possession and/or distribution of controlled substances, the victim will be deter-
mined by the applicable statute cited. For example, the State of Texas would be the victim if the subject/suspect is titled
DA PAM 190–45 • 18 April 2019 3with an offense of the Texas Penal Code, and the U.S. Government would be the victim if the subject/suspect is titled with an offense of the Uniform Code of Military Justice (UCMJ) or U.S. Federal law. In cases pertaining to military personnel using controlled substances on or off a military installation, the U.S. Government will be listed as the only victim (except in collateral or joint cases in which the state statutes should be listed). g. Juvenile victims will be listed by name and identifying information, followed by the automated ALERTS notation “JUVENILE - this record may be released only authorized by AR 195 – 2, Para 4–3f and AR 190 – 45, Para 2–1k." AR 190 – 45 and AR 195 – 2 limit the distribution of LERs involving juvenile victims to persons authorized access to juvenile offender records, those in normal distribution channels, and other law enforcement agencies when there are indications of criminal activity which may fall within the responsibility of that agency. Distribution of LERs involving juvenile victims will be strictly limited to those with a need to know. h. An entity listed as a victim will not be deleted from the LER under any circumstances. If during the course of report- ing the incident, it is determined the entity is not a victim of the offense, a status or final report will be generated unfounding the offense. i. In a case arising under the UCMJ, a victim has the right to refuse to disclose, and to prevent any other person from disclosing, a confidential communication made between the victim and a victim advocate, if such communication was made for the purpose of giving advice or supportive assistance to the victim. For specific details, refer to Rule 514, Military Rules of Evidence. j. Individuals identified as a victim should be provided a copy of the DD Form 2701 (Initial Information for Victims and Witnesses of Crime). The receipt of the DD Form 2701 will be documented within ALERTS. 1– 7. Types of offenses a. Offense codes are initially entered into a LER based on the information provided by the complainant and/or the victim. Every offense code will span the life of the report. Offense codes are added as the incident proceeds and the facts and exact nature of the crimes are established. Offense codes can be added, but after each report is approved, an offense code will not be removed or deleted. When the final LER is dispatched, every offense code will be identified. All 9-series offense codes (special investigative activities/secondary offenses) are entered on a LER, based on the status germane to the primary offense. The 9-series offense codes will not be used as the sole offense code(s) on a LER. b. A Servicemember who commits an offense while on active duty and is subsequently discharged, will be listed for the appropriate UCMJ offense. c. This pamphlet implements the new offense codes in ALERTS, which are listed in appendix B. d. Sex offender registration. In accordance with AR 190– 45, the installation provost marshal (PM) or Director of Emer- gency Services (DES) will complete an RDF as an information entry into DA Form 190– 45 – SG, also known as ALERTS, using the “9Q” offense code. The next step is to complete the “subject” section on the RDF to identify the sex offender. Then the PM or DES ensures that the sex offender produces either evidence of the qualifying conviction or the sex offender registration paperwork. This information is used to complete the “narrative,” along with the state in which the sex offender was convicted, date of conviction, and results of conviction, to include length of time required to register and any specific court-ordered restrictions. 1– 8. Case numbers a. Case numbers are control numbers enabling the identification and tracking of activities and workload data directly related to specific criminal investigations, criminal complaints, crime prevention surveys, protective service missions, and other law enforcement actions. They are not intended to be applied to administrative actions, housekeeping functions, duty officer details, unit training, or other activities not described in this paragraph. b. The case number consists of three groups of digital information separated by hyphens. The first group is a five digit sequential number assigned by ALERTS for each originating law enforcement element. The sequence begins at 00001 on the first day of each year. The second group is the calendar year of initiation of the action. The third group is the installation MP code (for example, MPC023, MPI023, and TAI023) or the CID unit number (for example, CID023). The case number appears as follows: 4 DA PAM 190–45 • 18 April 2019
Figure 1–2. Example of case number format
1– 9. U.S. Army Crime Records Center numbers
a. CRC numbers are used by the CRC for filing, indexing, information storage, and data retrieval. CRC numbers must
be annotated on all documents forwarded to CRC. The CRC number helps track cases that were initiated by the MP or
DES and then referred to CID, an MP investigator, TAI, or other sections. It allows for the accurate recording of all criminal
complaints that were reported to, and processed as appropriate by, Army law enforcement. Further, it aids criminal intel-
ligence analysis for trends and patterns, precludes duplicate counting of the same complaints in such analysis, and stand-
ardizes crime reporting across the Army.
b. The CRC control numbers must be recorded on every LER sent to the CRC. The CRC control numbers are automat-
ically assigned within ALERTS.
c. An MP-initiated LER is reportable to the CRC when the subject of a CRC-reportable offense is identified, the offense
is in an initial LER, and the offense is punishable by confinement of 6 months or more. To clarify, if credible information
existed to title a subject for a founded offense in an initial LER, the LER remains CRC reportable, even if further investi-
gation determined the offense is unfounded. Note: Initial LER requires publication of a final LER: unless it is an initial/final
LER.
d. The CRC number consists of six numerical digits and is appended to the end of the assigned case number. Case and
CRC numbers are separated by a hyphen and appear as follows (shown in bold type):
Figure 1–3. Example of a Crime Records Center number format
e. A CRC number will not be reused once assigned, unless authorized by the Director, USACRC and due to an admin-
istrative error (for example, mistaken ALERTS transmission of a case action as a LER).
f. Once a report is approved and dispatched with a CRC number, it normally cannot be deleted or changed. Requests to
delete an approved report with a CRC number will be forwarded to the CRC for approval.
1– 10. Initiating the blotter
a. The blotter is a daily chronological record of police activity. Each installation will maintain its own blotter. It is
available only to MP users having the blotter permission. Multiple blotter reports may be opened simultaneously; however,
only one blotter report may be viewed at a time, and only one blotter report may be created for any given date. The MP
DA PAM 190–45 • 18 April 2019 5and CID users with “approver of case reports” permission can generate a blotter entry. Blotter entries can be generated from the “investigative report summary” page. b. Standard blotter templates can be used to complete blotter entries. Installations may create and maintain their own blotter templates. c. Blotter entries require approval before being displayed in the blotter. Blotter entries pending approval are displayed in the “pending entries” tab. The blotter summary table can be printed separately from the restricted blotter summary. d. CID and MP users with “approver of case reports” permission have the option of generating a blotter entry from the “investigative report summary” page when they review a case report. CID users will submit information to the blotter for any unrestricted case initiated/reported by CID. The approver of case reports for the blotter can accept or reject the infor- mation submitted by CID, and the approver will also have the ability to edit the information. CID users can submit blotter entries to select installations. e. MP users will select “protected identity” when completing cases in which information concerning the matter should be controlled. This will ensure sensitive information is not present on the blotter. 1– 11. Initiating a journal a. The journal is a daily chronological record of noncriminal activity, such as escorts, military working dog activities, security checks, alarm response, detention cell checks, and so forth. Just like the blotter, each installation may maintain its own journal in a specific RDF in ALERTS. The journal can have multiple tabs within the RDF, and the information required for each installation journal will be documented as established by the installation law enforcement. b. Restricted reporting of domestic violence and sexual assault evidence will be documented in the journal, not in the blotter. c. Specialized events, such as military working dog activities can record special functions and metrics in the journal entries such as building checks, vehicle searches, and random anti-terrorism measures. Chapter 2 Investigative Reports Section I The Law Enforcement Report 2– 1. Preparing the law enforcement report a. The LERs are the primary “product” of law enforcement, and constitute the only permanent record of activities that can have far-reaching impact. Poorly written reports can largely nullify the productive results of hard work, perseverance, and initiative. It is important that those who prepare and review the LERs strive to improve the quality of written reports. Special emphasis should be made to ensure complete and thorough supervisory reviews are accomplished during the lifecycle of the investigation. There are many publications on writing improvement, including DA pamphlets, which pre- parers and reviewers may consult for guidance. The LERs and other types of reports in particular should be written to ensure they are pertinent, accurate, clear, unbiased, comprehensive, and approved by the appropriate supervisor. b. When preparing any investigative document (that is, sworn statements, rights advisement, canvass interview work- sheet, and so forth), enter the subject’s Social Security number (SSN) and/or DOD identification number (#########), if issued. If using a SSN, it should be redacted in this format: XXX– XX–###1, so that only the last four digits are shown. The DOD identification number is the 10-digit number encoded on a common access card (CAC) and embossed on the reverse side of the CAC. If either a SSN or DOD identification number is not applicable, use another form of appropriately redacted identification (such as alien registration, passport, student identification, and so forth). However, ensure the com- plete SSN, DOD identification number, or other identification number is entered into the individual entities section within ALERTS. c. All ALERTS reports are generated in a portable digital format (PDF). Also, ALERTS has the capability to upload documents and photographs as attachments. In order for the contents of the document to be searched, the document must be printed to a PDF file, or Acrobat optical character recognition must be applied. d. All reports or products in an electronically readable format which contain sensitive data will be encrypted and as appropriate, digitally signed. Sensitive data includes, but is not limited to, information considered for official use only (FOUO) and law enforcement sensitive (LES); personally identifiable information; information protected by 5 USC 552a (The Privacy Act of 1974) and Public Law 104– 191 (Health Insurance Portability and Accountability Act of 1996) 6 DA PAM 190–45 • 18 April 2019
(HIPAA); copyrighted, proprietary, technological, communications, logistics, and maintenance information; and opera-
tions, plans, and training data.
2– 2. Format of the law enforcement report
a. Memorandum style. All LERs are generated in ALERTS and are automatically formatted in a memorandum style,
in accordance with AR 25– 50. The subject line of the memorandum will reflect the case type (such as, “Law Enforcement
Report”), the type of report (“SIR/initial,” “status,” or “SIR/final”), the case number, and if applicable, the six-digit CRC
number and offense codes. Each military law enforcement element will be able to modify the office symbol. Line spacing
and format of the LER are ALERTS generated. Normal capitalization will be used throughout.
b. Paragraph 1, offense. This is the offense paragraph and will list each offense associated with the incident (see fig
2 – 1).
1. Offense:
a. Rape (UCMJ – Article 120)
b. Forced Sodomy (UCMJ – Article 125)
c. Failure to Obey General Order (UCMJ – Article 92)
Figure 2–1. Example of an offense listing
c. Paragraph 2, for dates, times, and locations of occurrences. Enter the date, time, and location of occurrence of the
incident originally reported to the military law enforcement element (see fig 2 – 2). Every effort should be made to narrow
down the date, time, and location before resorting to the entry “unknown.” (For example, if only the year is known and the
date cannot be determined, 1 Jan 2014/0001 – 31 Dec 2014/2359 is acceptable. If the exact location address is not known,
the city, state, or country is acceptable). In cases involving multiple offenses occurring on multiple dates, times, and loca-
tions, the entry may reflect separate dates, times, and locations.
Figure 2–2. Example of date, time, and location of occurrences
d. Paragraph 3, for date and time reported. Enter the date and time when the incident was initially reported to the
military law enforcement element. Significant delays between the time reported and the initiation of a LER should be
explained in the “report summary.” For example, the initial LER might be submitted late due to an ALERTS malfunction
not allowing the report to be dispatched. In this case, the delay between the initial date reported and the dispatch of the
initial LER should be explained in the report summary.
e. Paragraph 4, investigated by. The name of the patrol or investigator, CID special agent, and so forth, who is respon-
sible for the conduct of the report activity and creates the case in the ALERTS, is automatically generated in the case and
on the related reports. The patrol/investigator, CID special agent, and so forth, who creates the case, or his or her supervisor,
can add other military law enforcement personnel to the report. If a CID special agent is assisting the patrol or investigator,
that individual can add the CID special agent to the case and vice versa.
DA PAM 190–45 • 18 April 2019 7f. Paragraph 5, subject/suspect. When a subject is identified and there is credible information (in accordance with AR 190– 45), then the appropriate offense subject and victim relationship will be added. This is done within the incidents/of- fenses/entity involvement subject/suspect/victim detail-finding window of ALERTS. The ALERTS data fields for sub- jects/suspects and victims will reflect the identification of the entities at the date and time of occurrence, not the identifi- cation (if different) at the date and time the offense was reported to Army law enforcement. It is understood the full identification of the entity(ies) at the time of occurrence may not be immediately available. Additional identifying data will be entered in ALERTS as it becomes available. Dispatch of an initial, SIR, or status LER will not be delayed pending receipt of additional identification. When there is an identified person of interest and there is not credible information in accordance with AR 190– 45, then the person will be added as an entity into ALERTS, but not as a subject, and they will also be fully identified in the Report Summary of the LER with a brief explanation as to why credible information does not exist to believe the person committed the cited offense(s). Each titled subject/suspect, to include "unknown," will be automatically numbered by ALERTS, and will be further identified with as much data as is available. The ALERTS data- base identifies required and mandatory fields which will be filled out before dispatching the final LER. The following information will be listed and entered into ALERTS, as of the date and time of the offense, not the date and time it was reported to the military law enforcement element. Note: “Protected Identity” will not be used for subject identification. g. Military rank, civilian pay grade, or status. This is self-explanatory h. Organization or address. (For DOD civilian employees and contractors, show employing organization or company). Any subsequent organization or address changes will be documented in the investigative summary and the CAS as it concerns disposition of evidence, DA Form 4833 (Commander’s Report of Disciplinary or Administrative Action), and so forth. i. Army command assignment code. This is self-explanatory. j. Family members or juveniles. The status of “juvenile” is determined with reference to the age of the person as of the date of the offense. k. Paragraph 6, the victim. Identifying data for victim(s) will be entered in the same format as for the subject/suspects. l. Paragraph 7, report summary. The report summary is entered using the “narrative” tab of ALERTS and written in standard sentence format (past tense, third person). Normal sentence structure and capitalization will be used (see fig 2– 3). Paragraph 7 will automatically generate the first sentence (“Information in this report is based upon an allegation or pre- liminary investigation and may change prior to completion of the report”). The “narrative tab” is divided into two sections, the “case synopsis” and “additional information.” The report summary will present a brief description of who first reported the allegation to law enforcement, and what they initially reported. The summary will present a brief description of the incident, answering the basic questions of who, what, when, where, how, and if known, why. The basic elements of proof for each offense cited will be established when writing the report summary. Dates, times, and locations for all additional incidents reported will be clearly presented to clarify the sequence of events for the reader. Any change in subject and/or victim identification (such as rank, status, unit of assignment, and so forth) from the identification in the subject and/or victim block(s), will be explained in the CAS and the report summary. Further requirements may be established through installation law enforcement guidance. 8 DA PAM 190–45 • 18 April 2019
Figure 2–3. Example of a report summary
m. Paragraph 8, unique circumstances. This paragraph is automatically generated from the information provided about
the subject and victim in the “unique circumstances” field in ALERTS. The word “subject position” and on the next line
the word “victim position” will be typed in the “unique circumstances” field. Information entered in this field should
indicate if the victim or subject is a trainee, drill sergeant, platoon sergeant, sexual assault response coordinator, unit victim
advocate, recruiter, recruit, and so forth (see fig 2 – 4, fig 2 – 5, and fig 2 – 6). It should also indicate if a unique modus
operandi, or technique, was identified during the investigation. The “unique circumstances” field should be documented
as shown below. If there are no unique circumstances to a case, then “NA” may be entered.
Figure 2–4. Sample of unique circumstances with information
DA PAM 190–45 • 18 April 2019 9Figure 2–5. Sample of unique circumstances without information
Figure 2–6. Sample of unique circumstances with partial information
n. Paragraph 9, media interest. This paragraph is generated (see fig 2 – 7) to document the level of media interest (local,
regional, national, and international). The media interest paragraph is automatically generated from the media interest field
in ALERTS (see fig 2 – 8). If the field is left blank in ALERTS, then there will be no information recorded in this paragraph.
Figure 2–7. Sample of a no-media-interest annotation
10 DA PAM 190–45 • 18 April 2019Figure 2–8. This sample documents interest by regional media
o. Additional information. The second section in the “narrative tab,” under the “case synopsis,” is the “additional in-
formation” field. This field is a free-text field. If no information is entered into the “additional information” field, then the
paragraph will not appear on the report.
p. Automated paragraph. The last paragraph before the signature will be populated automatically by ALERTS on all
LERs: “Commanders are reminded of the provisions of AR 600– 8– 2 (Suspension of Favorable Personnel Action (Flag)),
pertaining to suspension of favorable personnel actions and AR 380– 67 (Personnel Security Program) for the suspension
of security clearances of persons under investigation. Army Law Enforcement reports are exempt from automatic termi-
nation of protective markings in accordance with Chapter 3, AR 25 – 55 (The Department of the Army Freedom of Infor-
mation Act Program). In accordance with AR 25– 22 (The Army Privacy Program), AR 190 – 45 (Law Enforcement Re-
porting), and DOD Manual 5400.07 (DOD FOIA Program), information contained in this report is law enforcement sen-
sitive, confidential, and private in nature, and any further distribution (forwarding to unauthorized personnel) without the
authorization of the Provost Marshal General will be in violation of the UCMJ and United States Code (USC).”
q. Preparer and approver.
(1) The military law enforcement person who prepared the report will digitally sign the preparer portion of the report
under the "report prepared by:" block of the report. The signature of the preparing military law enforcement person indi-
cates the report accurately reflects the investigative activity conducted, that the report is complete, and that the report was
prepared in accordance with applicable regulations and policies. If the military law enforcement person that prepared the
report is not available to sign the report in a reasonable period of time, the approving authority may sign the report for the
preparing military law enforcement person.
(2) The approving authority must be a supervisor, as defined and approved by the local chain-of-command and entered
as such in ALERTS. The “report approved by” digital signature indicates approval of the report, techniques, and procedures
employed, and the content, thoroughness, and format of the report.
(3) If the installation PM or DES has multiple approvers before the final “report approved by” signature authority, the
additional approvers will state that their review is complete in the CAS tab.
(4) The “signature authority” block is for PM or DES use only.
r. Distribution. List the recipients of the report. Specific identification of recipients will be recorded. The specific
recipients will be custom added or selected from the unit or installation distribution list in ALERTS prior to viewing or
submitting the report. Refer to AR 190 – 45, and/or installation requirements for distribution of LERs.
2– 3. Initial law enforcement report
a. An initial LER is a law enforcement report initiated when credible information exists that the person or entity (to
include unknown persons) has committed a criminal offense. The initial LER is used to advise commanders, supervisors,
and other designated recipients that a criminal report and/or investigation has been opened on an individual in their chain
of command.
b. Initial LERs are dispatched using ALERTS.
c. Initial LERs, with CRC numbers, will be addressed to DIR, CRC (CICR– ZA). Refer to AR 190 – 45, and/or installa-
tion requirements for distribution of initial LERs.
d. The subject line of the initial LER will include the CRC number, if applicable, and all offense codes.
e. An Initial LER can also be an initial/SIR LER, an initial/final LER, or an initial/final/SIR LER. An initial LER (not
initial/final LER) requires a final LER.
2– 4. Status law enforcement report
a. A status LER is a report submitted before the criminal report and/or investigation is completed, to provide updated
or changed information, or significant developments, during the course of an investigation, or to correct previously reported
DA PAM 190–45 • 18 April 2019 11information. The status LER reflects the overall course and progress of the investigation, may correct previously reported
information, and may include information on the administration of the case such as pending leads, laboratory examinations,
and investigative methodology.
b. Status LERs are prepared in the same format as the initial LER. Status LERs are submitted only when the develop-
ment of new information warrants providing an update on a case, and must contain enough information to articulate the
progress of the report. A status LER is not required solely based on the transfer of a LER from the PM or DES to a CID
field element, or vice versa. When previously reported information needs to be changed, the correct information will be
reported in the appropriate paragraph of the report and the reason for the change discussed in the “report summary.” Status
LERs can also be status/SIR LERs.
c. The report summary of a status LER will identify the type of report submitted (such as 1st status, 2nd status, 3rd
status, and so forth) and the reason for submission. If not already reported, the report summary will present or update a
brief description of the incident, answering the basic questions of who, what, when, where, how, and, if known, why (see
fig 2– 9).
Figure 2–9. Sample report summary for a status law enforcement report
d. Dispatch and distribution of the status LER is the same as that described for an initial LER. Status LERs will be
numbered sequentially, beginning with "1st status.”
e. Status LERs will normally be dispatched when one or more of the following occurs:
(1) Identification of a new subject/suspect or victim.
12 DA PAM 190–45 • 18 April 2019(2) A previously reported subject/suspect did not commit an alleged offense, or an offense is determined to be un-
founded, or that a previously reported victim is not the victim of an alleged offense. The status LER will not delete sub-
ject/suspects unless an operational review or the amendment process identifies a previous error in applying the credible
information standard, in which case the original listing of the person may be viewed as an administrative error and cor-
rected through deletion. The report summary will document the circumstances surrounding the determination that an indi-
vidual is not a subject/suspect, or that the offense is being unfounded. If the aforementioned changes were not previously
reported prior to the time of the final LER preparation, a status report with the appropriate changes will be dispatched prior
to the final LER.
(3) Receipt of information which changes the name (to include “unknown”); spelling of a name or SSN of any previ-
ously reported subject/suspect.
(4) When an incident becomes a joint investigation, and another agency is the lead investigative agency.
(5) Assumption of the reporting responsibility by another agency other than military law enforcement.
(6) When a military law enforcement element assumes sole reporting responsibility of a previously reported joint or
collateral investigation.
2– 5. Final law enforcement report
a. Supporting the elements of proof. Final LERs are submitted at the conclusion of all incident activity or completion
of investigative activity. Final LERs will be prepared in the format and order specified below. The final LER and the
attached exhibits will support the elements of proof for the listed offenses.
b. Early termination. The following are some examples of early termination of reports:
(1) In overseas areas, when the personnel involved as subject/suspects are local or third country nationals or non-DOD
affiliated civilians, and the local foreign prosecutor has determined that under local law there is probable cause to believe
that the subject/suspects committed the offenses.
(2) Probable cause exists to believe that a certain person committed the offense, and that person is deceased, and it is
unlikely that further investigation would result in the addition or deletion of subject/suspects or offenses.
(3) All of the subject/suspects have received nonjudicial punishment or were tried by courts-martial or in civilian crim-
inal court for the offense(s) under investigation (or for a lesser included offense), and it appears unlikely that further
investigation would identify additional subject/suspects or would produce evidence, which would exonerate an already
identified subject/suspect.
(4) The local staff judge advocate (SJA) or prosecutor is of the opinion that sufficient admissible evidence is available
to prosecute the subject/suspect for the offense(s), that additional investigation would produce only cumulative and un-
needed evidence, and that the identification of additional subject/suspects or offenses is unlikely. An example of such a
situation is one in which numerous persons witnessed an aggravated assault and those interviewed consistently reported
the facts clearly. Care must be taken in such instances to ensure that those interviewed constitute a reasonable cross section
of the witnesses.
(5) The complainant/victim’s cooperation is necessary for the satisfactory resolution of the investigation, and such
cooperation is not forthcoming. If cooperation cannot be gained after reasonable effort (for example, investigation of a
self-admitted subject/suspect who refuses to provide specific information as to the alleged illegal activities, associates,
places), the investigation may be terminated.
(6) The subject/suspect is a member of another U.S. military Service, and the investigative agency for that Service-
member accepts the investigation.
(7) If a commander or prosecutor indicates intent either to take no action against the subject/suspect, or take action
amounting to less than a court proceeding, and no further investigative assistance of military law enforcement is required
by the commander or prosecutor. The supervisor must approve termination of an investigation under these circumstances.
Continuing an investigation is not precluded regardless of the commander's intent, if the supervisor feels it is warranted or
a greater Army interest exists.
(8) When a U.S. attorney declines to prosecute any of the subject/suspects under investigation, and the affected com-
mand anticipates taking no civil, administrative, or military judicial action.
(9) When in noncritical investigations, a supervisor may close the investigation before exhausting all investigative leads
if all significant leads (such as eye-witness and alibi interviews, collection of physical evidence, and the interview of a
subject/suspect) are accomplished. Critical offenses are defined as those offenses having the potential to generate local,
national, or international media attention, or have the interest of senior Army leadership, regardless if the incident occurred
on or off the installation. Critical offenses include, but are not limited to, homicide, suicide, death where the manner of
death is undetermined, at-fault traffic fatalities involving a U.S. Government vehicle, kidnapping, rape (adult or child),
aggravated sexual assaults (adult or child), forcible sodomy (adult or child), aggravated arson, robbery of a business, drug
offense(s) meeting the SIR reportable criteria, and weapons thefts or smuggling meeting the SIR reporting criteria.
DA PAM 190–45 • 18 April 2019 13c. Deserter law enforcement reports. In the case of a report prepared under this paragraph, a "(D)" will be placed after
the report designation, and the leads remaining will be fully identified in the “additional information” section of the LER.
d. Subject/suspects and victim. These sections will identify subject/suspects and victims in the format specified for
initial LERs; particular care must be taken to ensure that subject/suspects are cited for the specific violations of laws for
which they are subject/suspect. As an example, civilians are not normally subject to the UCMJ; however, in deployed
environments, civilians may be subject to the UCMJ and/or Federal law under Section 3261, Title 18, United States Code,
Chapter 212 (The Military Extraterritorial Jurisdiction Act). Before finalizing the LER, the appropriate final investigative
finding, in conjunction with the supporting prosecutor or legal representative for each offense, will be selected in ALERTS.
Investigative findings are for internal law enforcement reporting and will not be sent to commanders or outside agencies
on the LER. The only exception to this is when cases are referred to another agency (outside the military law enforcement
channels), and final determination of the status of the offense has not yet been made.
e. Exhibits. Exhibits will be listed numerically in two, separate sections titled, "attached" and "not attached.” There are
two ways to enter exhibits into ALERTS. The first way is by typing the information into the “additional information”
section of the narrative tab and clicking on “enclosures listed in narrative.” The second way is by adding each exhibit into
the appropriate “attached enclosure” or “not-attached enclosure” section within the “enclosures” section of the narrative
tab.
(1) Attached exhibits. These include exhibits, or copies of exhibits, that are attached to the report. Exhibits will nor-
mally be listed in chronological order, based on when they were prepared or collected.
(2) Not-attached exhibits. Exhibits that are not attached to the final LER will be listed under this heading, with sub-
headings to show their actual location or disposition. Generally, evidence collected during the conduct of a criminal inves-
tigation, and documented on a DA Form 4137 (Evidence/Property Custody Document), need not be listed as a not-attached
exhibit; however, a legible and most current copy of the DA Form 4137 retained in the evidence room will be attached as
an exhibit to the LER. If the copy is not legible, the evidence should be listed as a not-attached exhibit (see fig 2 – 10).
Figure 2–10. Sample of exhibits for a final law enforcement report
f. Status section. The status section will be automatically populated when the LER is an initial/final report, final report,
or corrected final report. If the “commander’s report of disciplinary or administrative action” is required and selected in
ALERTS, the “commander's report of disciplinary or administrative action (DA Form 4833) is pending” statement will
automatically populate in the final report (see fig 2– 11).
14 DA PAM 190–45 • 18 April 2019Figure 2–11. Status statements for various reports
g. Distribution. Refer to AR 190 – 45, and/or installation requirements for distribution.
2– 6. Initial/final law enforcement report
a. When a criminal complaint or an investigation can be initiated and completed in an expeditious manner, an initial/fi-
nal; initial/final (C), initial/final (SIR), or an initial/final/referred LER as appropriate, may be submitted instead of a sepa-
rate initial and final LER. Initial/final LERs will be prepared using the same format as a final LER and dispatched, as
established by AR 190 – 45, and/or installation law enforcement guidance (see para 2 – 13). The only exception to this will
be when cases are referred to another agency and final determination of the status of the offense has not yet been made.
b. If the PM or DES initiates an investigation, send out the initial report or an initial/referred report, and transfer the
investigation to a CID field element. The CID field element will not be able to do an initial/final. A status report or final
report will be available, as appropriate and vice versa.
c. All paragraph requirements are identical to the requirements for a final LER, as further outlined in this supplement.
2– 7. Interim law enforcement report
a. The interim LER is used to document all activity conducted through a specific date. The interim LER is designed to
provide commanders, SJA, or other official recipients with information that can support initiating any administrative or
judicial actions, or for informational purposes, before the investigation is complete. The interim report will follow the same
format as the final LER.
b. The report summary will identify the report as an interim, and summarize the incident activity through the “as of”
date. The summarized incident activity will be followed by the attached, and not attached, exhibits obtained to date.
c. The interim LER will include a listing of attached exhibits that are provided with the report.
d. The interim LER is intended for the convenience of action recipients and need not be forwarded to USACRC or any
other military law enforcement elements outside the preparing office. When generated, a copy of the Interim LER will be
maintained in the case file.
e. Using the interim LER is optional. The interim LER should be used only when less formal means of providing
information are not adequate or appropriate.
2– 8. Supplemental law enforcement report
a. The purpose of a supplemental LER is to re-open an incident, complaint, or investigation for further activity or to
administratively report additional or corrected information developed subsequent to the submission of a final LER.
b. When additional information is received subsequent to a final LER, but additional activity is not required, a final
supplemental LER will be dispatched via ALERTS without constructing a 1st supplemental LER. In such instances, the
final supplemental will be the 1st final supplemental. The determination that further activity is not warranted rests with the
senior supervisor at the originating military law enforcement element and will be fully documented in the CAS. The 1st
final supplemental LER will be prepared in the same format and will adhere to the same distribution requirements as a
final LER.
DA PAM 190–45 • 18 April 2019 15You can also read
