the loyalty program created under Executive Order No. 9835, 21 March 1947, are confidential in nature. This memorandum further directs that any subpoena, demand, or request for information or files of such nature, received from sources other than persons in the Executive Branch of the Government, will be referred to the Office of the President for such response as the President may determine to be in the public interest. Paragraph 9 (c) of Executive Order 10450, 27 April 1953, also places limitations upon the release of investigative reports. e. On 17 May 1954 the President of the United States in a letter to the Secretary of Defense, outlined the reasons for not disclosing communications which contained the exchange of advice between officials of the Executive Departments. f. The Federal Criminal Code provides penalties for the unauthorized release of classified defense material. These statutes are set forth in AR 380–10. 5. General policy. a. As a general policy, records of the Army Establishment may be released in accordance with these regulations when such release is consistent with security requirements and the public interest. In fact, certain missions of the Army require the release of information or records to members of the public or to specific individuals or agencies. Such information, and other information which is not safeguarded within the meaning of paragraph 3d, may be released upon request, provided that the request is not so burdensome as to interfere materially with the operations of the Army Establishment. b. When a request for safeguarded records is received, the Secretary or the officers designated by him, will determine whether the applicant is properly and directly concerned and whether release of the information would be compatible with the public interest. The determinations will take into account the nature of the information sought and the use to be made of it by the applicant. If a decision is made to release the record, an exception will be made under the provisions of paragraph 9c. c. 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 Appropriation Act of 1952 (5 U. S. C. 140). Exceptions are made if an individual or agency is entitled to a copy under pertinent provisions. Other exceptions are set forth in AR 345-230. SECTION II GENERAL PRINCIPLES AND PROCEDURES 6. Preparation of requests for Army records. a. Requests will be directed as follows: (1) Medical records: (a) Requests involving medical records of former military personnel will be directed to the Commanding Officer, Army Records Center, TAGO, 9700 Page Boulevard, St. Louis 14, Missouri. b) Requests for medical records of all other military person- (2) Legal records and labor matters. Requests for the following (6) Requests involving papers relating to labor disputes (c) Requests involving records of trial by general court-martial and by special court-martial, wherein a punitive discharge was imposed (ATTN: Chief, Military Justice Division). (3) Civil works program. Requests involving papers relating to river and flood control works of the Department of the Army, other than those included in paragraph a (2) above, will be directed to the appropriate division or district office of the Corps of Engineers, if known; otherwise, to the Chief of Engineers, Department of the Army, Washington 25, D. C. (4) Civilian personnel records. Requests involving personnel records of civilian employees, other than those pertaining to former employees, will be directed to the installation at which the individual is employed. Requests involving personnel records of former civilian employees will be directed to the Chief, Federal Records Center, GSA, 1724 Locust Street, St. Louis 3, Missouri. (5) Procurement matters. Requests for material relating to procurement activities will be forwarded to the contracting officer or to the appropriate office of the technical service. (6) Military personnel records and other requests. Requests for records of military personnel (otherwise not provided for in this paragraph), requests for documentary materials seized by the military forces during operations, and all other unspecified requests, will be directed to The Adjutant General, Department of the Army, Washington 25, D. C. b. Contents of requests. All requests will include the following information: (1) A detailed description of the papers to which the request relates so as to afford a ready identification thereof. (2) If the request is made by an individual acting in a representative capacity on behalf of another individual or organization, the representative will provide a written authorization from the individual or agency concerned. (3) If the request relates to information or papers, the release of which is limited to persons properly and directly concerned (see sec. IV) the request will contain a statement which reflects that concern. 7. Personal examination of records. a. It is not feasible, in view of the large number of agencies and the wide variety of papers in the Army Establishment, 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. b. 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. Copies, summaries, or extracts of the records may be released, however, in accordance with the provisions of these regulations. 8. Burdensome requests for information or copies. Requests will not be approved if compliance therewith would interfere materially with the operations of the Army Establishment. 9. General restrictions on release. a. Requests relating to the types of records set forth below will not be approved unless an exception is made in the manner set forth in paragraph e below or in the manner prescribed by other regulations which relate to specific types of records: (1) Material which is protected by statute or regulation (e. g., information which is secured by Government officials which involves the "know-how" process of a contractor or other confidential information). (2) Loyalty or security proceedings against specific individuals, the investigative procedures involved therein, and the other types of information which are cutlined in the Executive orders and the Memorandum by the President referred to in paragraph 4d. (3) State secrets, or material which would embarrass the United States in its relations with a foreign power. (4) Information relating to the national defense which is classified under AR 380-5, and other Army and Special Regulations in the 380-series or information which cannot be released under SR 380-5-10. (5) Counterintelligence material developed by military investigative agencies or by agencies outside of the Defense Department. (6) Information which relates to Army, Navy, or Air Force installations or equipment, the unauthorized release of which is prohibited by the statutes referred to in AR 380–10. (7) Material received by the Army pursuant to a licensing agreement, the unauthorized disclosure of which would violate a legal obligation to the licensor. (8) Information of the following nature: Material which discloses the investigative techniques of the Federal Government or the identity of confidential informants; material received in confidence by representatives of the Army Establishment. (9) Information which aids in the prosecution of, or support of, a claim against the United States. (10) Reports by military personnel or civilian employees to superiors; proceedings before courts-martial, boards of officers, boards of inquiry, and courts of inquiry; and reports as to particular incidents and transactions (such as reports by claim officers and reports of survey); matters relating solely to the internal management, administration, and operation of the Army Establishment; and material relating to the performance of assigned duties by military personnel and civilian employees (11) Rumors and unsubstantiated allegations prejudicial to the character, standing, or efficiency of an individual. Included in this category are reports of suspected criminal conduct or fraudulent activities on the part of military personnel or civilian employees of the Army Establishment, or private 40377 0-59-pt. 1-17 individuals or agencies who deal with the Army Establishment. This limitation will not apply if the allegations have been made the basis of formal charges in a military or civil court against the individuals or agencies. (12) Personnel records containing entries which are confidential in nature, the release of which would affect the morale, efficiency, or discipline of members of the Army Establishment. b. The limitations set forth in (a) above, are applicable even though a safeguarding symbol may not have been placed upon the records. c. The Secretary, or the officers named in paragraphs 11 and 12, may make an exception and permit the release of the records enumerated in a above. The factors outlined in paragraph 56 will be considered when an exception is made. 10. Declassification. If it appears that information from, access to, or copies of safeguarded papers are of vital importance to a party requesting them and that the granting of the request would be appropriate but for the use of the safeguarding symbol, the removal of the symbol will be considered for the whole document or portions thereof. 11. Delegation of authority. Authority is hereby delegated to the officers named below to take action upon behalf of the Secretary of the Army in accordance with the stated procedures. However, the named officers will coordinate all matters which have public relations aspects with the Chief of Public Information or with the appropriate public information officer, in accordance with SR 10-5-1 and AR 360-5. a. The Adjutant General is authorized, in his discretion, to take action upon all requests set forth in paragraph 6a (1) (a) and 6a (6) and where necessary to make an exception in the public interest in accordance with paragraph 9c. Requests for privileged medical records of former military personnel, not covered by provisions of AR 345-230, will be coordinated with The Surgeon General. Requests for safeguarded information, which relates to the national defense, will be processed in accordance with the provisions of SR 380-5-10 and the necessary coordination will be effected with the Assistant Chief of Staff, Intelligence. b. The Surgeon General and the commanding officer of any medical treatment facility are authorized, in their discretion, to take action upon all requests set forth in paragraph 6a (1) (b). These officers may, subject to the restrictions set forth in paragraph 176, furnish access to papers which are not safeguarded and are within the categories covered by paragraph 17a (5) through (7), inclusive. The records of former military personnel are excluded. If an exception |