(3) Responsibility. Access to classified files in Army records centers and facilities of the General Services Administration will be permitted for use in connection with unofficial historical research only when the Chief of Information, U.S. Army is satisfied after appropriate inquiry that:

(i) Access to the information will be clearly consistent with the interests of national defense and that the persons to be granted access are trustworthy.

(ii) The relationship of the researcher to the research project is established as being bona fide.

(iii) The researcher agrees that prior to publication or dissemination he will submit his manuscript for clearance to the Chief of Public Information, Attn: Office for the Freedom of Information, Office of the Secretary of the Army, Washington, D.C., 20310.

(4) Applications. All requests for access to classified files in Army records centers and in facilities of the General Services Administration will be submitted to the custodian. If the location of the files is not known, the request will be submitted to The Adjutant General, Attn: AGAR. All applications for access to classified files will be submitted in duplicate on DA Form 2740 (Application To Use Department of the Army Files), accompanied by:

(i) DD Form 398 (Statement of Personal History), will be prepared in five copies.

(ii) DA Form 1111 (Certificate of Nonaffiliation With Certain Organizations) will be prepared in one copy.

(iii) FD Form 258 (FBI U.S. Department of Justice Fingerprint Card).

(iv) A signed statement by the researcher and his assistants as follows:

STATEMENT

I, the undersigned, fully understand that any classified information which I may receive from Army records affects the national defense of the United States within the meaning of the espionage laws and that its transmission to an unauthorized person is prohibited under penalties of the statutes pertaining thereto (Title 18, U.S.C., Sections 793 and 794).

(e) Reproduction of documents. Reproduction of unclassified documents by photographic means may be undertaken at Army records centers for unofficial research purposes. Cost of copy reproduction will be borne by the individual for whom the documents are reproduced.

Charges for copy reproduction will be made in accordance with prevailing fees. Arrangement of files for copy reproduction purposes will be the responsibility of appropriate personnel of the records center.

[28 F.R. 12761, Nov. 30, 1963]

§ 518.7

Location of and access by individual concerned or designated representative to military personnel records maintained by The Adjutant General and the Administrator of General Services.

(a) Purpose. This section sets forth the locations of and the conditions under which members and former members of the Army, in a status shown below, may review their individual official military personnel files maintained by The Adjutant General and the Administrator of General Services.

(1) Personnel on active duty.

(2) Reserve Component personnel not on active duty.

(3) Retired personnel.
(4) Separated personnel.

(b) Location of records. (1) Records of the following personnel are located in The Adjutant General's Office, Personnel Records Division, Department of the Army, The Pentagon, Washington, D.C., 20310:

(i) All active duty commissioned, warrant officer, and enlisted personnel (including members of Reserve Components on extended active duty).

(ii) General officers of all components (active, inactive, or retired).

(2) Records of the following personnel are located in the U.S. Army Records Center, TAGO, 9700 Page Boulevard, St. Louis, Mo., 63132:

(i) Officers and warrant officers completely separated on or after October 6, 1945.

(ii) Officers (except general officers), warrant officers, and enlisted members of Reserve Components not on active duty,

(iii) Enlisted personnel, now separated, whose last date of entry was on or after October 6, 1945.

(iv) All retired officers (except general officers), and all retired enlisted personnel.

(v) Field personnel files of officers (including general officers), warrant officers, and enlisted personnel of the Standby and Retired Reserve.

(3) Records of the following personnel are in the Army Branch, Military

Personnel Records Center, GSA, 9700 Page Boulevard, St. Louis, Mo., 63132:

(i) Officer and warrant officer personnel who were completely separated during the period July 1, 1917 through October 5, 1945 inclusive, and who did not re-enter the Army after October 5, 1945.

(ii) Enlisted personnel who were completely separated during the period November 1, 1912 through October 5, 1945 inclusive, and who did not re-enter the Army after October 5, 1945.

(1) Records

(c) Access and review. of personnel will be made available for access and review by the individual concerned or his authorized representative.

(2) Access to records of personnel in a status shown in paragraph (a) of this section is permitted either in TAGO, Personnel Records Division, The Pentagon, Washington, D.C. or the USARCEN, TAGO, 9700 Page Boulevard, St. Louis, Mo.

(d) Appointments. Except in unusual circumstances, a person (or his designated representative) desiring access to his records will contact The Adjutant General, Personnel Records Division, Military Personnel File Review Group (Oxford 7-1111) to arrange for review in Washington, D.C., or the Commanding Officer, U.S. Army Records Center, TAGO, to arrange for review in St. Louis, Mo., at least 2 normal working days in advance of the time the appointment is desired. If access necessitates transfer of records between Washington, D.C., and St. Louis, Mo., or vice versa, request for review should be made 4 working days in advance of the desired appointment. Records will be made available only during normal office hours, Monday through Friday.

(e) Representative. An individual may designate in writing a representative, including a legal representative, to review his file if he cannot do so himself. Of

ficers assigned to career management activities or to The Adjutant General's Office may not be designated as representatives for the purpose of reviewing records.

(1) At the time the review is to be made, the written authorization (paragraph (g) of this section) will be presented by the representative to an official employee of the agency or activity (paragraph (c) (2) of this section) in which the review is desired to be conducted. The authorization will not be mailed.

(2) Individuals are cautioned as to the possibility of misinterpretations of the facts reflected in their records by representatives who may not be completely familiar with the personnel policies of the Department of the Army.

(f) Next of kin. The privilege to review records is not extended to survivors or next of kin of deceased personnel. A power of attorney does not operate to authorize access to records in these instances.

(g) Sample letter of authorization. To: The Adjutant General,

Department of the Army,
Washington, D.C., 20310

PART 536-CLAIMS AGAINST THE

UNITED STATES

[Amended]

Definitions and explanations.

GENERAL PROVISIONS

Sec.

536.1

Purpose and scope.

536.3

[Amended]

536.9

536.11

Effect on award of other payments
to claimant. [Amended]
Appeals. [Amended]

536.11a Effect of payment.
536.11c Advance payments.

[Revised] [Added]

GENERAL PROVISIONS

§ 536.1 Purpose and scope.

(b) Scope. *

(2) Disaster claims. Disaster claims and claims arising out of an incident involving an aircraft or missile under the control of the Army or the Army National Guard which are properly for settlement under either §§ 536.12-536.23, 536.29, 536.140-536.152, or § 536.26 will be investigated in accordance with standing operating procedures promulgated for that purpose by the commanding general of an Army or comparable command responsible for the area in which the disaster or aircraft or missile incident occurred. Such claims will be settled in accordance with applicable regulations and the procedures set forth in this section and §§ 536.2-536.11c. [Subparagraph (2) amended, 27 F.R. 4915, May 25, 1962]

(a-2) Advance payment. A payment not exceeding $1,000 made prior to settlement of a meritorious claim resulting from an incident involving an aircraft or missile where there exists an immediate need of the person who suffered the injury, damage, or loss, or of his family, or of the family of a person who was killed, for food, clothing, shelter, medical or burial expenses or other necessities, and other resources for such expenses are not reasonably available. [Paragraph (a-2) added, 27 F.R. 4916, May 25, 1962]

(b) Civilian employees. Includes:

(1) Civilian employees of the Army, prisoners of war and interned enemy aliens engaged in labor for pay, volunteer workers, others serving as employees of the Army without compensation, and as to §§ 536.26 and 536.29, civilian employees of the Department of Defense who are not employees of the Department of the Army, the Navy, or the Air Force; and

[Subparagraph (1) amended, 27 F.R. 4916, May 25, 1962]

(b) Where, as to a claim under §§ 536.12-536.23, or §§ 536.140-536.152, an approving authority assigned to the Claims Division, Office of The Judge Advocate General, notifies the claimant that his claim has been found not meritorious, or makes an offer of settlement for less than the amount claimed, the claimant will be informed that:

(1) He may appeal to the Secretary of the Army;

(2) No form for the appeal is prescribed;

(3) The grounds for the appeal should be set forth;

(4) The appeal must be submitted within 30 days of the receipt of the notice of the right to appeal; and

(5) The appeal should be addressed to the Chief of the Claims Division, OTJAG.

(c) With respect to claims under § 536.29, such authority will notify the claimant that he may appeal to The Judge Advocate General of the Army as the designee of the Secretary of the Army and include in the notification the information contained in paragraph (b) (2) through (5) of this section.

CODIFICATION: In § 536.11, paragraph (b) was amended and paragraph (c) was added, 27 F.R. 6878, July 20, 1962.

§ 536.11a Effect of payment.

Acceptance of an award by the claimant, except for the acceptance of an advance payment, constitutes for the United States as well as the military personnel or civilian employee whose act or omission gave rise to the claim, a release from all liability to the claimant based on the act or omission.

[27 F.R. 4916, May 25, 1962]

§ 536.11c Advance payments.

(a) Purpose. This paragraph implements title 10, United States Code, section 2736, and authorizes an advance payment not in excess of $1,000 in the

(b) Conditions for advance payment. An advance payment is authorized only under the following circumstances:

(1) The claim for death, personal injury, damage to or loss of property arises from an incident involving an aircraft or missile.

(2) The claim must be determined to be cognizable and meritorious under the provisions of either §§ 536.12-536.23, 536.140-536.152, or § 536.26.

(3) There exists an immediate need of the person who suffered the injury, damage or loss, or of his family, or of the family of a person who was killed, for food, clothing, shelter, medical or burial expenses or other necessities, and other resources for such expenses are not reasonably available.

(4) The payee, so far as can be determined, would be a proper claimant, or is the spouse or next of kin of a claimant who is incapacitated.

(5) The total damage sustained must exceed the amount of the advance payment.

(6) A properly executed advance payment acceptance agreement has been obtained.

(c) Authorization. Approving authorities designated in §§ 536.12-536.23, 536.26, and 536.140-536.152 are authorized to make advance payments within their monetary jurisdiction in connection with claims cognizable under those sections.

(Sec. 3012, 70A Stat. 157; 10 U.S.C. 3012) [27 F.R. 4916, May 25, 1962]

CLAIMS ARISING FROM ACTIVITIES OF MILITARY OR CIVILIAN PERSONNEL OR INCIDENT TO NONCOMBAT ACTIVITIES

§ 536.12 Statutory authority.

The authority for §§ 536.12-536.23 is contained in title 10, United States Code, section 2733, as amended, and section 2736.

[27 F.R. 4916, May 25, 1962]

(n) Foreign claims commissions.

(9) Cross servicing of claims. Claims arising in foreign countries under the Foreign Claims Act of January 2, 1942 (55 Stat. 880), as amended (31 U.S.C. 224d), and the Act of July 3, 1943, chapter 189 (57 Stat. 372), as amended (31 U.S.C. 223b), and sections 2733 and 2734 of title 10, United States Code, as amended, will be settled without regard to the service of the tortfeasor. Any claim, whether arising from activities of the Army, Navy, Air Force, Marine Corps, or the Coast Guard, when operating as a service in the Navy, may, upon request by the service concerned, and shall, when the Army has been assigned responsibility for claims in a particular country, be settled under §§ 536.12-536.23 or this section by a foreign claims commission appointed by the Secretary of the Army or his designee. A claim arising from Army activities in an area where another service has been assigned responsibility for claims will be sent to that service for settlement under its regulations.

[Subparagraph (9) amended, 27 F.R. 4916, May 25, 1962]

(10) Advance payments. Advance payments pursuant to title 10, United States Code, section 2736, on meritorious claims for compensation for personal injury or death, or property damage, resulting from incidents involving aircraft or missiles, which are otherwise payable under this section, are authorized as provided in § 536.11c. However, no advance payment is authorized if the incident occurred in a foreign country in which the Agreement Regarding the Status of Forces of Parties to the North Atlantic Treaty or other similar treaty or agree

ment is in effect, and the injury, death, damage, or loss was caused by a member or employee of the Department of the Army acting within the scope of employment, or occurred incident to noncombat activities of the Department of the Army, for which the foreign country concerned has responsibility under the treaty or agreement for the settlement of such scope claims.

[Subparagraph (10) added, 27 F.R. 4916, May 25, 1962]

§ 536.29 Claims arising from negligence of military personnel or civilian employees under the Federal Tort Claims Act.

(0) Settlement of claims. *

(3) Authority to disapprove claims. The authority to disapprove claims under this section, subject to appeal to The Judge Advocate General of the Army as the designee of the Secretary of the Army, is delegated only to the Chief, Claims Division, Office of The Judge Advocate General, and to all officers assigned to that division, subject to such limitations as the Chief, Claims Division, may prescribe.

[Subparagraph (3) amended, 27 F.R. 6785, July 18, 1962]

MARINE CASUALTIES

§ 536.44 Marine casualties; claims.

(c) Maritime claims. The Army Maritime Claims Settlement Act, 10 U.S.C. 4801-4806, as amended, is the principal statute authorizing the Department of the Army to settle marine casualty claims both in favor of and against the Government. Claims within the purview of this statute will be settled thereunder to the exclusion of other laws and regulations which may afford concurrent jurisdiction, except as set out in paragraph (f) (2) of this section. Such claims will be investigated and reported pursuant to this section and processed under §§ 536.45 and 537.7 of this chapter. (d) Authority to settle or compromise maritime claims. The authority of the Secretary of the Army to settle or compromise maritime claims has been delegated as set out in § 536.45.

(e) Form of claim. The bulk of maritime claims under the cited statute involves commercial interest. In view of