Contractors on the Battlefield

1. Contractors on the Battlefield

2. Overview Basic Background Civilian Uniform Policy Jurisdiction Options

3. Contractor Personnel: Civilians Accompanying the Force “In the context of the law of war, contracted support service personnel are civilians accompanying the force. They may be used to perform only selected combat support and combat service support activities. They may not be used in or undertake any role that could jeopardize their status as civilians accompanying the force.” Army Regulation 715-9, para. 3-3d

4. Key Resources DFARs 252.225-7040 This provision covers a variety of topics from compliance with US policy and procedure to personnel accountability, to jurisdiction and uniform wear. Contractor on the Battlefield Website www.aschq.army.mil/home/BattlefieldResourceLibrary.html

5. Uniform Policy Civilians are prohibited from wearing ANY type of military uniform when deployed to the Iraq Joint Operations Area (IJOA). Civilians must wear civilian clothing appropriate for the accomplishment of the mission. Department of the Army Personnel Policy Guidance for Overseas Continence Operations (1 July 2009), para. 10-2(f)-(g). Army Material Command (AMC) Policy Letter – Uniform Policy for AMC Employees (24 June 2009), para. 3. (effective: 4 July 2009).

6. Safety Equipment Exception Protective and Safety Equipment is NOT considered to be part of a military uniform. Civilians may therefore continue to wear these items. Tan desert boots with steel toes are considered to be safety equipment and may be worn. Regular desert boots are not safety equipment and may not be worn by civilians. Army Material Command (AMC) Policy Letter – Uniform Policy for AMC Employees (24 June 2009), para. 3. (effective: 4 July 2009).

7. Jurisdictional Options MEJA (Military Extraterritorial Jurisdiction Act). This is a federal statute allowing civilian prosecution through the US Department of Justice. It is the default rule for handling misconduct by contractors . UCMJ (Uniform Code of Military Justice). This option is available only if the Department of Justice declines to prosecute through the MEJA. Military Extraterritorial Jurisdiction Act of 2000 (18 U.S.C. 3621, et seq.) Article 2(a)(10), Uniform Code of Military Justice

8. The Military Commander’s Responsibilities If a contractor employee is accused of misconduct, the immediate commander may have several key responsibilities, depending upon the severity of the alleged misconduct: INVESTIGATION SEARCH APPREHENSION CONFINEMENT Deputy Secretary of Defense Memorandum, Management of DoD Contractors and Contractor Personnel Accompanying U.S. Armed Forces in Contingency Operations Outside the United States (25 September 2007)

9. Flowchart of Process for Preferring UCMJ Charges Against a Contractor Determine whether civilian is subject to the UCMJ under Art. 2(a)(10) Initiate Investigation (CID, MPI, AR 15-6, Commander’s Inquiry) NOTIFY: OTJAG Criminal Law Division Contracting Officer and/or Technical Rep Procurement Fraud Division Discovery/Report of Contractor Misconduct Evaluate the Facts to determine whether UCMJ Action is Appropriate GCMCAreturns case to Company or Battalion for preferral decision. Response from Department of Justice to COCOM. (through DoD Office of General Counsel), and COCOM to GCMCA. If MEJA may apply, send notice to Department of Justice through DoD Office of General Counsel to request decision NOTIFY : COCOM if UCMJ action is contemplated and if jurisdiction exists under MEJA. Preferral of Charges & Notification to OTJAG Criminal Law Division. KEY: GCMCA Responsibility, with advice from SJA. SJA Responsibility COCOM/DOJ Responsibility

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