(a) General policies. (1) The Secretary of the Army has charge and control of all records and papers of the Army. It is his responsibility to insure that these documents, and the information contained therein, are utilized in a manner which best serves the public interest. The release of information therefrom outside of the Department of the Army is a matter to be determined by the Secretary or by persons authorized to act in his behalf. No subordinate in the Department of the Army has authority to release any Army records, or copies, extracts or summaries thereof, or any information therefrom, except as provided in §§ 518.1-518.4, and the regulations cited herein.

(2) Subject to the restrictions of §§ 518.1-518.4, unclassified records may be released when such release is consistent with security requirements and the public interest. Certain missions of the Army require the release of information or records to members of the public or to specific individuals or agencies. The release of such information, and other unclassified information except as restricted by §§ 518.1-518.4, is consistent with the public interest provided the request is not so burdensome as to interfere materially with the operations of the Department of the Army. In determining whether a request is burdensome, the availability of the information from other sources, such as the FEDERAL REGISTER or Code of Federal Regulations, will be considered.

(3) It is the policy of the Department of the Army to process and act upon all requests fairly, completely, and expeditiously. Delay will not be permitted even

though requests appear to be minor in nature, for in many cases important personal or property rights are involved. Accordingly, all commanders will insure that requests for records or information are acted upon in the following manner: (i) Expeditiously; all measures will be taken to insure that action is taken promptly.

(ii) Responsively; every reasonable attempt will be made to analyze the request properly. If it is not clear, prompt action will be taken to secure a clarification from the requesting party. This action is frequently necessary because the requesting party is not familiar with military procedures.

(iii) Completely; if it appears that a request must be denied in whole or in part because of limitations imposed by existing regulations upon the release of information, inquiry will be made to ascertain if that inquiry can be satisfied from the contents of any other record which is releasable.

(iv) In order to expedite the disposition of requests, questions as to legality of the release of information should be referred initially to the judge advocate or to the legal officer of the unit or installation.

(b) Scope. Sections 518.1-518.4 apply to all requests originating within the Federal Government except those from individuals or agencies of the Executive Branch whose official duties entitle them to secure the records; to requests from State, local, and foreign governments; and to requests from private individuals, organizations, and firms. Sections 518.1518.4 set forth certain basic principles which apply to and govern release of all types of Army records. Additional policies and procedures for release of records or information therefrom including releases to individuals or agencies of the Executive Branch of the Government, are set forth in the regulation cited.

(1) Releases to newspapers and other information media-AR 360-5.

(2) Releases of information in connection with litigation-AR 27-5 (§ 516.3).

(3) Records pertaining to disciplinary actions-AR 345-60.

(4) Release of information in connection with General Accounting Office comprehensive audits-AR 36-20.

(5) Release of information relating to confinement of persons presently or formerly confined in the United States dis

ciplinary barracks (paragraph 127, AR 210-170).

(6) Release of information from—
(i) Inspector general reports-AR

20-1.

(ii) Aircraft accident investigationsAR 95-30.

(iii) Criminal investigation reportsAR 195-10.

(iv) Safety reports and records-AR 385-40.

(v) Medical records and files in Army Records Centers-AR 345-200.

(vi) Claims reports-AR 25-20. (vii) Military personnel records-AR 640-12 (§ 518.7).

(viii) Civilian personnel recordsCPR's C1, M1, R1; Federal Personnel Manual, Chap. 339.

(7) Release of information pertaining to procurement matters-Armed Services Procurement Regulations (ASPR) and the Army Procurement Procedure (APP) (Subchapter A, chapter I of this title and Subchapter G of this chapter). See for example §§ 1.316, 1.907, Subpart J of Part 1 (particularly §§ 1.1004 and 1.1006), §§ 2.205-5, 2.210, 2.408, 2.503-1, 3.506 and 3.507 of this title, and §§ 591.352, 591.1004, 592.250, and 593.301(e) of this chapter.

(8) Release of information pertaining to debarment and suspension of contractors-§§ 591.601-6 and 591.654 of this chapter.

(9) Release of statistical material— DA Memo 360-3.

(10) Release of information to the Federal Bureau of Investigation for investigation and prosecution of offensesAR 22-160.

(11) Release of information relating to medical care recovery claims-AR 25110 (§§ 537.21-537.23 of this chapter).

(12) Release of defense (classified) information. Information classified pursuant to AR 380-5 (Part 505 of this chapter) may not be released pursuant to §§ 518.1-518.4. However, if it appears that information from, access to, or copies of defense information are of proper and direct concern to a requesting party, and that the granting of the request would be appropriate if the papers were not classified, declassification will be considered for the whole document or portions thereof. See paragraph 15, AR 380-6. Necessary coordination will be made with the command intelligence officer, or the Assistant Chief of Staff for Intelligence, as appropriate.

(13) Release of technical reports-AR 70-31.

(c) Definitions-(1) Release of information. The disclosure of information from Army records by furnishing copies, extracts or summaries of such records; by permitting examination of such records; or through interview with the custodian or other person having knowledge of the records. Use of such records by individuals or agencies within the Executive Branch of the Government in the course of official duties is not a release of information for purposes of this regulation. However, regulations concerning specific types of information or records may place restrictions on such use, e.g., IG reports (AR 20-1); accident investigations (AR 385-40).

(2) Army records. All records, papers, and files of the Department of the Army as well as the contents of such records.

(d) Examination and reproduction of records (1) Personal examination of records. Authority to release records includes authority to permit their examination. It is not feasible, in view of the large number of agencies and the wide variety of papers in the Department of the Army, to establish by general rule the places at which access may be granted to particular documents. However, when authority to examine records is granted, the examination normally will be permitted at the place where the papers are maintained or stored, during regular business hours, and under such circumstances and procedures as are deemed appropriate by the custodian.

(2) Release of Army records. Army records will not be permitted to leave the possession of the authorized custodian thereof, except with the authority, in each instance, of the custodian or, if the case involves actual or potential litigation in which the United States has an interest, The Judge Advocate General. Original and record copies may not be released, but properly authenticated copies should be furnished instead. Copies, summaries, or extracts of the records may be released in accordance with the provisions of this regulation. The Bureau of the Budget has directed that a charge be imposed for conducting a search and preparing copies of records in accordance with the provisions of title V of the Independent Offices Appropria

Excep

tion Act of 1952 (5 U.S.C. 140). tions are set forth in AR 37-30 and AR 345-200.

(e) Legal interpretations. Questions of legal interpretations with regard to the release of information which may arise under §§ 518.1-518.4 will be referred to a judge advocate or The Judge Advocate General as appropriate (e.g., whether information would aid in the prosecution or support of claims against the United States; whether parties requesting certain information are properly and directly concerned therewith; whether certain privileged records may be released without the consent of the individual concerned).

[30 F.R. 13121, Oct. 15, 1965]

§ 518.2

Release of records by commands subordinate to headquarters, Department of the Army.

(a) Information obtainable by members of the general public.-(1) The commander of a unit, installation, or activity may furnish access to, or copies of, unclassified regulations, publications, rules, orders, and decisions, except those which fall within the limitations set forth in § 518.3 (a) or contain restrictions placed in the publication itself.

(2) The following categories of records are illustrative of the type which can be released by the aforesaid officers without referring the request to the Headquarters, Department of the Army:

(i) Army regulations, special regulations, readjustment regulations, mobilization regulations, Joint Army Air Force adjustment regulations, general orders, bulletins, Department of the Army pamphlets, Department of the Army memorandums, procurement regulations, procurement circulars, Armed Services procurement regulations, field manuals, technical manuals, Army renegotiation manual, renegotiation manuals, and standard forms of bids, acceptances, contracts, and leases.

(ii) Final decisions by boards of review created under the Uniform Code of Military Justice, decisions of the Armed Services Board of Contract Appeals, and decisions of the Contract Adjustment Board.

(iii) Rules, orders, and opinions in the adjudication of cases of general public interest which may be cited as precedents; regulations concerning construction, operation, and maintenance for improvement of rivers, harbors, and

waterways for navigation, flood control, and related purposes, including shore protection work; and courts-martial orders.

(iv) Historical data, in accordance with sec. IV, AR 345-200.

(b) Information obtainable by persons properly and directly concerned-(1) Medical records. Nothing in §§ 518.1518.4 will be construed to limit the recognized authority of commanding officers of medical treatment facilities or record centers to release information as follows:

(i) Information on the condition of sick and injured patients may be released to the relatives of such patients, in order to allay their anxiety.

(ii) Information that the patient's condition has reached a critical stage may be released to the nearest known relative or the person designated by the patient to be informed in case of an emergency.

(iii) Information that a diagnosis of psychosis has been made may be released to the nearest known relative or the person designated by the patient.

(iv) Information to local officials with respect to all births, deaths, and cases of communicable diseases where such reports are required by rertinent local laws.

(v) Medical records relating to present or former military personnel, dependents, civilian employees, or patients in a medical treatment facility of the Army Establishment, are the proper and direct concern of the individual to whom they pertain, and may be released to him (para. 10, AR 25-110). In the event he has been adjudged insane or is dead, the records are the proper and direct concern of the next of kin or his legal representative, and may be released to them. If the information might prove injurious to the physical or mental health of the patient, the information will not be released to the individual concerned. In such a contingency, the information will be released only to his next of kin or legal representative.

(vi) Medical records may be furnished to a Federal or State hospital or penal institution when the individual to whom they pertain is a patient or inmate therein. If the patient or his legal representative consents, the medical records of the patient may be released to a civilian physician.

(vii) Copies of medical records, or information therefrom, may be furnished