Procedures governing nonactive duty or discharged personnel.
(a) Procedures governing nonactive duty personnel.(1) Nonsupport complaints and paternity claims against former soldiers or other not on active duty will be sent to the Commander, U.S. Army Reserve Components Personnel and Administration Center (RCPAC), ATTN: DARC-PSE-VS, 9700 Page Boulevard, St. Louis, MO 63132-5200.
(2) After RCPAC verifies the status, the following officials will act as prescribed below:
(i) Chief, National Guard Bureau, WASH DC 20310-2500, for members of the Army National Guard.
(ii) The area commander concerned for Ready Reservists assigned to troop program units under his or her control. (See AR 140-1, para 1-6.)
(iii) Commander, RCPAC for nonunit members assigned to Control Groups of the Ready Reserve, Standby Reserve, and Retired Reserve.
(3) The officials cited above will ensure that correspondence claiming nonsupport or paternity is delvered to the person concerned, using military channels. When the correspondence cannot be delviered through military channels, it will be sent to the last known mailing address of the person by certified mail (PS Form 3811 (Return Receipt, Registered, Insured and Certified Mail)). It should be marked “Return Receipt Requested—Deliver to Addressee Only.” This form is available at U.S. post offices.
(4) After delivery of correspondence, the responsible official will advise the complainant or claimant—
(i) Of the date and method of delivery.
(ii) That the military department does not control the personal affairs of nonactive duty personnel. These personnel usually are in a civilian status and are not subject to military discipline. Therefore, the matter has been left to the person's discretion.
(iii) Of the person's mailing address only if the conditions in § 584.6(c) are met.
(b) Procedures governing discharged personnel. Nonsupport complaints or paternity claims against persons who have been discharged from the Service will be sent to RCPAC. These persons do not hold any military status whatsoever. Commander, RCPAC will return the correspondence and all accompanying documentation and advise the complainant or claimant—
(1) That the person is no longer a member of the Army or the Reserve Components.
(2) Of the date of discharge.
(3) That the Army no longer has control or authorty over the discharged member. Therefore, the Army can take no further action in the matter.
(4) Of the person's mailing address only if the conditions in § 584.6(c) are met.
(c) Conditions for disclosing mailing address. Nonactive duty and discharged personnel's mailing addresses will not be disclosed except for one of the following reasons:
(1) The person consents in writing to the release of his or her address.
(2) The complainant or claimant sends a court order directing the release of the address.
(3) Any other reason that does not constitute a violation of the Privacy Act of 1974.
(d) Retired personnel.(1) Court orders for garnishment or attachment of pay of retired persons will be sent to USAFAC.
(2) The complainant or claimant will be advised that correspondence may be sent to the retired member as follows:
(i) Place correspondence in a stamped envelope with retired member's name typed or printed on the envelope.
(ii) Place stamped envelope in a second envelope and send to the Commander, RCPAC, ATTN: DARC-PSE-VS, 9700 Page Boulevard, St. Louis, MO 63132-5200.
(3) Commander, RCPAC will send the correspondence to the retired member but cannot release the address under the provisions of the Privacy Act of 1974.
Title 32 published on 2012-07-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.