civilian employment and the eligibility of individuals, whether civilian, military or industrial, for security clearance.

(ii) Containing reports, records, and other material pertaining to personnel matters in which administrative action, including disciplinary action, may be taken or has been taken.

(iii) Containing information about an individual's personal or financial affairs that the individual would not normally disclose publicly. Included are: DD Form 1555, "Confidential Statement of Employment and Financial Interests DOD Personnel" and DD Form 1555 1, "Confidential Statement of Employment and Financial Interests (for use by special DOD Employees)."

(2) In determining whether the release of information would result in a clearly unwarranted invasion of privacy, consideration should be given, in cases such as those involving alleged misconduct, to: (i) The amount of time that has passed since the alleged misconduct, (ii) the degree to which the individual's privacy has already been invaded, and (iii) the relationship of the alleged misconduct to an employee's official duties. The release of information concerning alleged misconduct that is closely related to official duties, has occurred recently, and has already been exposed to the public is less likely to constitute a clearly unwarranted invasion of personal privacy.

(3) When the sole and exclusive basis for withholding information is protection of an individual's personal privacy, the information should not be withheld from

him

or from his designated legal representative.

(4) Information from such files may be withheld from an individual or from his legal representative for reasons other than protection of his personal privacy when authorized by Civil Service Commission regulations or other directives.

(h) Those containing information from investigatory files compiled to enforce civil, criminal, or military law, including Executive Orders or regulations validly adopted pursuant to law. Included within this exemption are:

(1) Reports, statements of witnesses, and other material based on the information developed during the course of

an investigation and all materials prepared in connection with related Government litigation and adjudicative proceedings. OSI reports, for example concerning suspected violations of the Uniform Code of Military Justice and other laws come within this provision.

(2) Investigatory files compiled to enforce Executive orders or the directives of a component of the Department of Defense.

(3) Lists or identifications of firms or individuals suspended under procurement regulations when the lists are compiled in connection with investigations of irregularities.

[36 F.R. 4700, Mar. 11, 1971, as amended at 36 F.R. 5787, Mar. 27, 1971] Subpart C-Processing Requests To Inspect or Copy Records

§ 806.6

Persons authorized to disclose or not to disclose records requested by members of the public.

(a) Anyone having the authority to disclose and release unclassified records and other documentary material is called a disclosure authority. Except for categories of records listed in paragraph (d) of this section, or as specially authorized by other Air Force directives, the following have authority to make available unclassified records or other documentary material:

(1) Chiefs of offices at directorate or higher level at Hq USAF.

(2) Commanders at major command or comparable level. Major commands may delegate this authority to directorate or comparable level. Major commands may delegate this authority to directorate or comparable level at major command headquarters, and to the level of installation, wing or comparable commanders.

(b) In each case the authority to release records and documentary material of a routine nature which heretofore by policy or practice have been made available to the general public may be delegated to a lower level, but must be maintained high enough to insure that thority and are in accordance with the regulations in this part. Examples of such types of records and documentary material are: Unclassified publications,

photographs, local reports and statistics, etc., not designated "For Official Use Only."

(c) When appropriate under this part, a disclosure authority at the major command or comparable level or directorate or higher authority within Hq USAF is authorized to refuse to make available unclassified records or other documentary material to members of the public. Commanders of major commands may releases are made by a responsible audelegate this authority to directorate or comparable level at major command headquarters, and to the level of installation, wing, or comparable commanders.

Such delegation must be made with sufficient restrictions to insure uniformity in release policies, and must include, as a minimum safeguard a procedure for consultation with the major command Staff Judge Advocate before denial of a request.

(d) The activities and persons listed below may either disclose, or refuse to disclose, the types of records cited when appropriate under this part.

(e) A copy of each denial made per authority of this section will be sent to Hq USAF (AF/JAC), Washington, D.C. 20314, along with a copy of the request being denied.

Disclosure authority

§ 806.7 Expedited handling required. Activities at all echelons must expedite their handling of any request from members of the public to inspect or copy records. They should make every effort to avoid creating procedural obstacles when internal Air Force organizational problems arise, particularly where reorganization or transfer of function contributes to an improperly directed request. Air Force personnel will make all reasonable efforts to assist private persons in directing requests for records and other documentary material to the appropriate authorities.

Subpart D-How the Public Submits

Requests for Documents

§ 806.8 Identifying material requested. Request to inspect or obtain copies of records or other documentary material normally should be made in writing. It should contain at least the following information:

(a) All identification as complete as possible of the desired material, includ

ing (if known) its title or description, its date, and the issuing authority.

(b) With respect to matters of official record concerning civilian or military personnel, the first name, middle name or initial, surname, date of birth, and social security account number of the individual concerned, if known.

(c) A statement as to whether the requester wishes to inspect the record or obtain copies of it.

(d) Standard Form 180, "Request Pertaining to Military Records", is used by Federal agencies to obtain information from military service records that are in the National Personnel Records Center (Military Personnel Records). Agencies may furnish copies of SF 180 to the public to facilitate unofficial inquiries and may direct nongovernment organizations to the Superintendent of Documents to purchase quantities of the form. § 806.9

Addressing requests.

Requesters should address their requests as follows:

For matters of record concerning civilian employees currently employed by the Air Force.

For matters of record concerning civilian employees no longer employed in the Federal service.

For matters of record concerning members and former members of the Air Force, Air Force Reserve, or Air National Guard. For matters of record concerning standard (administrative type) publications, that is Air Force Regulations, Manuals, Pamphlets, etc.

For matters of record concerning Air Force technical, supply and engineering publication and data.

For matters of record concerning Major Command standard (administrative) type publications.

For other records, where the location of the record is known.

For records retired to record centers____ For other records, where location is not known.

20314, or the activity where the record is located, if known.

Civilian personnel officer of base or activity where person is employed.

Subpart E-Appeals From Refusals

To Make Records Available

§ 806.11 Filing an appeal.

(a) A person whose request to copy or inspect a record or other documentary material is denied may appeal this decision to the Secretary of the Air Force within 45 days of denial. A requester will not be considered to have exhausted his administrative remedies within the Department of the Air Force unless such an appeal has been filed and a Secretarial decision has been made. This decision will be the final action of the Air Force on the request.

(b) An appeal is filed when the requester sends a copy of the letter of denial to the Secretary of the Air Force together with a request that the denial be reconsidered.

(c) Any statement of reason or arguments must be submitted in writing when the appeal is filed. A personal appearance is allowed only at the discretion of the Secretary.

(d) The appeal should be addressed to Hq USAF (AF/JAC) Washington, DC 20314.

§ 806.12 Processing an appeal.

(a) A decision on the appeal must not be unnecessarily delayed. If the request to copy or inspect a record is denied on appeal, the decision must be explained to the requester in writing.

(b) A copy of this explanation is sent to the General Counsel, Department of Defense, Washington, DC 20301, in instances where the requester seeks reconsideration by the Secretary, or initiates legal action to compel release of the record.

Subpart F-Disclosure of Unclassified Records of Trial After Courts-Martial

(b) The term "record of trial" includes the record proper and all exhibits, together with all actions taken and courtmartial orders promulgated in the case. It does not include the allied papers in the record. (Requests for allied papers are submitted under Subpart D of this subchapter.) In any case governed by UCMJ, Article 65 (a) or (b), the written review of the staff judge advocate to the officer exercising general court-martial jurisdiction, add the opinion of the Court of Military Review if applicable, should be made available if the requestor specifies in his request that he desires these opinions as well as the record of trial.

(c) Normally, records of trial should be made available only after completion of the review procedures provided for by the UCMJ. However, records may be made available before completion of appellate review if it is determined that the circumstances so warrant and that disclosure will not interfere with the orderly processing of the case. This determination is made by the disclosure authority at the highest level of review within the Air Force provided by the UCMJ for a record of trial of the type requested.

(d) A requestor may not browse through entire files to find the record he desires so that he may then request it. Records or groups of records which are not individually identified in a request should not be made available. § 806.15

Disclosure authority.

Then disclosure authority

The Judge Advocate General (AF/JAG).

Staff judge advocate to officer exercising general court-martial jurisdiction.

act as disclosure authority on any request for a record of trial, regardless of the type of court martial involved or the status of the record as active or retired. § 806.16 Submitting requests.

(a) The request for a record of trial should contain as complete identification of the record as possible (full name, rank, and identification number of the accused, date and place of trial, and identification of the convening authority by command designation). If the requestor submits only a part of the identifying details, the Air Force will make a reasonable effort to locate the record requested. The request should state whether the requestor desires to inspect or to obtain copies of the record of trial.

(1) If the location of the record is known, the request should be addressed to the disclosure authority indicated in § 806.15.

(2) If the location of the record requested is not known, the request should be addressed to Hq USAF (AF/JAJM), Washington DC 20314.

§ 806.17 Processing requests.

(a) If a request is received by an Air Force activity other than the appropriate disclosure authority, it should be forwarded promptly to the disclosure authority indicated in § 806.15. A request for a record under Rule 3 or Rule 4 in § 806.15, should be forwarded to Hq USAF (AF/JAJM), Washington, DC 20314, when the disclosure authority cannot be readily identified by the activity receiving the request. The Air Force will make all reasonable efforts to assist private persons in directing a request for a record of trial to the appropriate disclosure authority. When such authority is identifiable, the request should be forwarded there, even though the record may have been retired.

(b) Upon receipt of a request, the disclosure authority specified in § 806.15 should arrange to make the record of trial available upon payment of the applicable fees, unless payment in advance is waived because the request is an urgent one. The disclosure authority should communicate with the requestor to inform him of the following matters, as appropriate:

(1) Tell him when and where the record of trial may be inspected. If a search fee is to be charged under Part 813 of this chapter, inform him of the cost, and tell him he must pay this amount before

inspecting the record, unless the disclosure authority determines the request is an urgent one and authorizes payment after inspection.

(2) Advise him of the amount of fee required under Part 813 of this chapter for a copy of the record. Inform him that a copy will be furnished only after payment is received, unless the request is determined to be an urgent one and payment in advance is waived. (Any copies of the record to be furnished should be reproduced as expeditiously as possible without impairing the ability of Air Force activities to perform their other duties. When necessary, military reproduction facilities should assist the disclosure authority in fulfilling the request.)

(3) Advise the requestor that the record has been retired and that further information will be furnished when the record has been received by the disclosure authority. (Upon receipt of the record, follow up to inform him of the matters in paragraph (b) of this section, as appropriate.)

(c) The disclosure authority should maintain, with the original record of trial, a record of persons to whom that record of trial has been made available, with the addresses of such persons, dates of access, and information concerning any copies furnished under this part and Part 813 of this chapter.