DD Form 3076-6 MWD Covenant Not to Sue LEA

DD Form 3076-6 MWD Covenant Not to Sue LEA – DD Form 3076-6 is the official Department of Defense form used when a Military Working Dog is transferred to a U.S. law enforcement agency. Officially titled “Military Working Dog (MWD) Covenant Not to Sue with Indemnity Agreement (Law Enforcement Agency (LEA)),” this document protects the U.S. Government from liability after the dog leaves military service and enters civilian law-enforcement use.

The form was issued by the Department of Defense with an edition date of October 9, 2019, and is managed under the Air Force as the Office of Primary Responsibility. It remains the current version listed on the official DoD Forms website maintained by Washington Headquarters Services.

What Is DD Form 3076-6?

DD Form 3076-6 is a two-page legal agreement required for the permanent transfer of a Military Working Dog to a federal, state, or local law enforcement agency. By signing the form, the receiving LEA agrees to two core obligations:

  • A covenant not to sue the United States Government for any injury, death, or property damage caused by the dog after transfer.
  • An indemnity agreement that requires the LEA to defend and hold the Government harmless if any claim or lawsuit arises from the dog’s actions.

This form is the LEA-specific counterpart to DD Form 3076-5, which is used for private adoptions by former handlers or other individuals.

Legal Authority and Background

The transfer and adoption of military working dogs are governed by 10 U.S.C. § 2583. That statute authorizes the Secretary of the military department concerned to make excess or retired military animals available to law enforcement agencies, former handlers, and other suitable persons.

Subsection (e) of the statute expressly shields the United States from suits arising out of the acts or omissions of a former military animal after transfer. DD Form 3076-6 operationalizes that statutory protection by requiring the receiving LEA to acknowledge the immunity and to indemnify the Government.

Related DoD policy appears in DoD Directive 5200.31E (DoD Military Working Dog Program) and Service-level instructions such as Air Force Instruction 31-126 / DAFI 31-121 and Army Regulation 190-12. These documents require completion of the appropriate covenant-not-to-sue form before any MWD is released to an LEA.

Who Uses DD Form 3076-6?

The form is completed by authorized representatives of federal, state, tribal, or local law enforcement agencies that are accepting a Military Working Dog. Typical users include:

  • Municipal and county police departments
  • State police and highway patrol agencies
  • Sheriff’s offices
  • Federal agencies authorized to maintain canine units (e.g., certain DHS components)
  • Campus and transit police departments that meet LEA criteria

Private citizens, former military handlers seeking personal adoption, and non-law-enforcement organizations use DD Form 3076-5 instead.

Key Provisions of the Agreement

Although the exact wording is contained in the official PDF, the form generally requires the LEA to:

  • Acknowledge that the transfer is made under 10 U.S.C. § 2583 and that the United States is immune from liability for post-transfer injuries or damages caused by the dog.
  • Covenant never to institute or aid any claim, demand, or lawsuit against the U.S. Government arising from the dog’s actions.
  • Agree to indemnify, defend, and hold the United States harmless from any costs, damages, or expenses (including attorney fees) resulting from such claims.
  • Accept full responsibility for the dog’s care, training, and use after transfer.
  • Provide identifying information for the dog (name, tattoo number, breed, whelp date, and transferring installation) and for the receiving agency.

The form is signed by an authorized LEA official and typically witnessed or countersigned by military personnel handling the disposition.

How to Obtain and Complete DD Form 3076-6?

The current official version is available exclusively from the DoD Forms Management Program. Always download the form from the official source to ensure you have the latest edition:

Official Download:
Download DD Form 3076-6 (PDF)

Steps typically followed by LEAs:

  1. Coordinate with the military installation or the 341st Training Squadron (Joint Base San Antonio–Lackland) that is releasing the dog.
  2. Submit a formal letter of intent or request for transfer, as required by the gaining Service’s disposition procedures.
  3. Complete DD Form 3076-6 with accurate agency and dog identification data.
  4. Have an authorized agency official sign the form.
  5. Return the signed original (or electronic equivalent if accepted) to the releasing military unit for inclusion in the dog’s permanent record (DD Form 1834, Military Working Dog Service Record).

No separate instruction sheet is published with the form; guidance is provided through Service MWD program managers and the disposition checklist (DD Form 3076-4).

Related Military Working Dog Forms

DD Form 3076-6 is part of a family of forms used in the disposition process:

  • DD Form 3076-1 – Military Working Dog (MWD) Adoption Suitability Checklist
  • DD Form 3076-3 – Military Working Dog (MWD) Bite Muzzle Test Assessment
  • DD Form 3076-4 – Military Working Dog (MWD) Disposition Checklist
  • DD Form 3076-5 – Military Working Dog (MWD) Covenant Not to Sue with Indemnity Agreement (Adoption)

All of these forms carry the same October 2019 edition date and are listed on the official DD Forms 3000-3499 page.

Importance for U.S. Law Enforcement Agencies

Receiving a trained Military Working Dog can significantly enhance an agency’s detection and patrol capabilities. Completing DD Form 3076-6 is a mandatory legal step that:

  • Satisfies statutory and DoD policy requirements
  • Protects the Federal Government from future liability claims
  • Documents the clear transfer of ownership and responsibility
  • Enables the military unit to close out the dog’s official service record

Agencies should consult their legal counsel before signing, because the indemnity obligation can create ongoing financial exposure if the dog later causes injury or damage.

Where to Find Additional Guidance?

For the most current policy and procedures, refer to these official sources:

  • DoD Forms Management Program (official forms repository)
  • DoD Directive 5200.31E – DoD Military Working Dog Program
  • Service-specific regulations (AFI/DAFI 31-121, AR 190-12, SECNAVINST 5585 series)
  • 10 U.S.C. § 2583 – Military animals: transfer and adoption

Always verify the form edition date against the official DoD Forms website before use, as forms are periodically updated.