These considerations are discussed below.
Evidence released to trial counsel for judicial proceedings will be returned as
soon as possible to the custodian.
This is done as soon as possible for final
disposition. If an item of evidence is made part of the record of trial, the trial
counsel will immediately notify the custodian.
Then the DA Form 4137 can be
properly notated. This will be considered final disposition.
Final action, staff judge advocate.
When final action has been taken in known
subject cases, the original custody document will be sent to the SJA of the
commander. He has general courts-martial jurisdiction over the subject. The SJA
will complete the final disposal authority part of the DA Form 4137 when the
evidence is no longer needed.
When evidence must be retained, this part of the
form will not be completed.
A brief statement giving the reason for keeping the
evidence will be furnished to the evidence custodian.
This is done on separate
correspondence.
In cases where there is a risk of losing the original DA Form
4137, a letter may be substituted for disposition approval.
DA Form 2496
(Disposition Form) may also be substituted. When this is used, enough information
will be furnished to allow the SJA to make a decision. The return correspondence
from the SJA giving disposition approval will be attached to the original DA Form
4137.
No subject identified. Evidence in an investigation for which no subject has been
identified may be disposed of three months after completion of the investigation
without SJA approval. It may be disposed of earlier with SJA approval. Care must
be taken with serious crimes when it is possible that a subject may later be
identified.
In such cases, it may be advisable to keep the evidence longer than
three months. When the subject is not known, evidence custodians will obtain the
approval of the commander, Special Agent in Charge (SAC), or provost marshal. This
approval will be given by completing the final disposal authority section of the
original DA Form 4137.
Items of no evidentiary value. Items in the evidence room that have no evidentiary
value may be disposed of.
This is done only after laboratory analysis and
consulting with the proper SJA, if the subject has been identified. Evidence from
investigations with no subject identified may be disposed of upon approval of the
commander, SAC, or provost marshal.
Items determined to have no value as evidence by the CID special agent or MP
investigator are disposed of before they are sent to the evidence custodian. Items
may be disposed of by the agent or MP investigator after consulting with and
obtaining approval from their immediate supervisor.
Controlled
substances.
Controlled
substances
received
by
the
evidence
custodian that do not apply to an investigation may be immediately
disposed
of.
Or, the items may be disposed of after approval has been
received
from the commander, SAC, or provost marshal. A copy of DA Form 4137 will
be filed
with the DA Form 3975 (Military Police Report).
Disposition may
be made
immediately after determining that the substance cannot be linked to
suspect.
Controlled substances field tested may be disposed of 45 days after
the date
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