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ing officer for appropriate disposition in accordance with current regulations.

(b) Release of certain information in proper discharge of official duties. Information released by The Adjutant General, The Surgeon General, or the commanding officer of a medical treatment facility, as provided by paragraph (c) of this section, is hereby found to have been released in the proper discharge of his official duties within the meaning of section 283, Title 18, United States Code.

(c) Release of certain papers by The Adjutant General, The Surgeon General, or the commanding officer of a medical treatment facility. (1) Set forth below are findings that certain individuals, private companies or organizations, or agencies of State or local governments are properly and directly concerned with described categories of papers. The Surgeon General or the commanding officer of any medical treatment facility may, to the extent that authority therefor is delegated and subject to the restrictions set forth in subparagraph (2) of this paragraph, furnish access to or information from unclassified papers within any of the categories set forth in subdivisions (v) through (viii) of this subparagraph to the parties indicated in the respective findings. In addition, The Adjutant General may, subject to the restrictions set forth in subparagraph (2) of this paragraph, and pursuant to his delegated authority, furnish access to or information from unclassified papers within any of the categories set forth in subdivisions (i) through (viii) of this subparagraph to the parties indicated in the respective findings.

(i) Papers relative to applications for, beneficiaries to be designated in, and allotments in payment of, National Service Life Insurance are the proper and direct concern of the applicant or insured and, in the event of his death or insanity, the beneficiaries named in or designated for naming in such policies and his next of kin. Access may be furnished to the applicant or insured or his authorized representative and, in the event the applicant or insured has been adjudged insane or is dead, to the beneficiaries named in or designated for naming in such policies, his next of kin, and legal representative.

(ii) Papers recording the death of a member of the military service or a civilian employee are the proper and direct concern of and access thereto may be furnished to his next of kin, his life insurance carrier, and legal representative.

(iii) Personnel records relating to a member or former member of the military service are the proper and direct concern of and information therefrom may be furnished to the individual to whom they pertain, his authorized agent, and legal representative: Provided, however, That information or data compiled from or copies of such personnel records will be furnished only at the discretion of The Adjutant General. In addition, access to personnel records relating to a member of the military service on active duty may be furnished to the individual to whom they pertain, his authorized agent, and legal representative. Such access will be permitted only in the Personnel Information Branch, Office of The Adjutant General, The Pentagon, Washington 25, D. C.

(iv) Papers relating to the pay and allowances of a member of the military service or the pay of a civilian employee, including a former member of the military service or civilian employee, are the proper and direct concern of, and access thereto may be furnished to, the individual to whom they pertain, his authorized agent, and legal representative.

(v) Medical records relating to a member of the military service or a civilian employee, including any such former member or civilian employee, or to any other person who was a patient in a medical treatment facility of the Army Establishment are the proper and direct concern of the individual to whom they pertain and, in the event he has been adjudged insane or is dead, the next of kin and legal representative. Information therefrom and copies thereof may be furnished to the individual to whom they pertain: Provided, That no information which might prove injurious to his physical or mental health will be released to him; and, in the event the information would be injurious to his physical or mental health or he has been adjudged insane or is dead, to next of kin and legal representative.

(vi) Medical records pertaining to an individual within a class described in subdivision (v) of this subparagraph are the proper and direct concern of, and information therefrom or copies thereof may be furnished with the consent of the individual concerned or his legal representative to, a registered civilian physician when required in connection with medical treatment of that individual.

(vii) Medical records pertaining to an individual within a class described in subdivision (v) of this subparagraph are the proper and direct concern of, and information therefrom or copies thereof 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.

(viii) Information from or copies of medical records may be furnished to duly accredited representatives of the National Academy of Sciences and National Research Council, when engaged in cooperative studies undertaken at the specific request of or with the consent of The Surgeon General.

(2) Information released pursuant to the provisions of subparagraph (1) (vi), (vii), and (viii) of this paragraph pertaining to a particular individual, as well as such information released pursuant to the provisions of subparagraph (1) (v) of this paragraph to others than the individuals to whom it pertains, will be accompanied by a statement to the effect that the information is released upon the condition that it will not be disclosed to third parties, except in accordance with the limitations and principles adhered to in the civilian professional medical practice relative to privileged communications between doctor and patient.

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§ 518.5 Unofficial research of transferred files-(a) Policy. Research in noncurrent files in records depositories by authorized individuals, under the conditions and procedures specified below, is to be encouraged and facilitated. Space and facilities will be furnished at the records depository to authorized researchers. No withdrawals of records from records depositories will be made for the purpose of unofficial research. When properly cleared as indicated in paragraph (b) of this section, certain

civilians (such as social scientists, historians, journalists, and other writers, including writers of unofficial unit histories) will be permitted to examine unclassified records in records depositories, exclusive of personnel records. Certain classified records may be made available for background purposes of unofficial research under special restrictions specified in paragraph (d) of this section.

(b) Use of interview board. All applications for permission to examine records will be submitted on DA AGO Form R-5472 (Interview Record of Applicant Requesting Permission to Use Official Files) to the Chief, Public Information Division, Office, Chief of Staff, United States Army. The application will indicate:

(1) Purpose of investigation.

(2) Subject to be investigated and, when possible, individual documents to be consulted.

(3) Whether publication or dissemination is intended and, if so, the form or media of publication or dissemination.

(4) For a former officer or enlisted man designated to prepare an unofficial unit history, grade and serial number and, in addition, a signed statement from his former commanding officer authorizing him to prepare such a history.

(c) Clearance of applicants. Clearance of applicants will be for a specified time and will be applicable to a clearly defined research project. Upon approval of an application for permission to examine records, the Chief, Public Information Division, Office, Chief of Staff, United States Army, will inform the appropriate records depository of such approval in writing, citing the following:

(1) Name of individual authorized to examine the records.

(2) Description of the subject to be investigated.

(3) Length of time for which access to records is authorized.

(d) Conditions on access to files. Access to records for unofficial research purposes will be subject to the following conditions:

(1) Files will be charged specifically to individuals and will be used only in a

reference area to be designated by the head of the records depository.

(2) Records will be returned to file at the end of the day.

(3) Papers will not be defaced, damaged, or detached from a file by the investigator.

(4) Arrangement of files for photographic purposes will be the responsibility of appropriate personnel of the records depository.

(5) Papers, brief cases, and packages of the investigator will be subject to inspection.

(e) Reproduction of files. Reproduction of records by photographic means will not be undertaken by the Department of the Army for unofficial purposes. However, under appropriate supervision, individuals will be permitted to perform such reproduction of unclassified records at their own expense.

SUBCHAPTER B-CLAIMS AND ACCOUNTS

Part 531-Bonds of Accountable
Officers

Sec.
531.1 Individuals as sureties.
531.2 Release of sureties.

AUTHORITY: §§ 531.1 and 531.2 issued under R. S. 161; 5 U. S. C. 22.

SOURCE: §§ 531.1 and 531.2 appear at 13 F. R. 5964, Oct. 13, 1948.

CROSS REFERENCE: For issue of duplicate checks of the United States, see 31 CFR Part 204.

§ 531.1 Individuals as sureties—(a) Liability. Sureties to bonds given by disbursing officers, if individuals, will be bound jointly and severally for the whole amount expressed therein, and must satisfy the Secretary of the Army that they are worth, jointly, double such amount, each surety making affidavit that he is worth that sum over and above his debts and liabilities, and stating in the affidavit his place of residence.

(b) Affidavit to be submitted every two years. Where the sureties are individuals, an affidavit of surety, on the prescribed Treasury Department form,' must be submitted at the end of two years.

(c) Government contractor may not be surety. The Secretary of the Army may not approve as surety on the bond of a disbursing officer the name of a person appearing as a Government contractor in the district in which that officer is on duty.

1 Form may be obtained from the Office of the Commissioner of Accounts and Deposits, U. S. Treasury Department, Washington, D. C.

§ 531.2 Release of sureties—(a) Secretary of the Army may not release by cancellation of bonds. While the Secretary of the Army may, if he deems the security insufficient, require further security, he may not without authority of Congress release security which has been accepted by the cancellation of a bond once accepted.

(b) New bond does not release sureties on old bond. Where under the act of March 2, 1895, which provides that "every officer whose duty it is to take and approve official bonds shall cause all such bonds to be renewed every four years after their dates", an officer renews his bond by giving a bond during the same term of office, the new bond does not operate to release the sureties on the first bond from liability for future transactions, but the sureties on the old and new bonds are jointly and severally liable therefor. (See 5 Comp. Dec. 918.)

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ments, travel pay, clothing allowance, deposits, etc.), except retired pay, for the use and benefit of any member of the Army who is mentally incompetent.

(b) Authority to designate person to receive payments as trustee. The Commanding General, Army Finance Center, is authorized to designate a person or persons to receive funds due mentally incompetent members of the Army, without the necessity for appointment in judicial proceedings of a committee, guardian, or other legal representative. Any payments to the person or persons so designated trustee shall constitute a complete discharge of the obligation of the United States as to amounts so paid. Where a legal committee, guardian, or other representative has been appointed by a court of competent jurisdiction, no other fiduciary or representative to receive payment shall be designated.

(c) Persons who may be designated trustee. The Commanding General, Army Finance Center, may designate any of the following in the order of preference indicated in the following subparagraphs:

(1) The lawful wife or husband, as appropriate.

(2) If there is no wife or husband, a legitimate son or daughter or legally adopted son or daughter, provided such person is 21 years or more of age.

(3) If there is no son, daughter, or legally adopted son or daughter, a parent of the member.

(4) If there is no parent, the head of an institution, or person designated by him, if the member is committed to the care of an institution.

(5) Any person or persons may be designated without regard to those listed above if deemed to be in the best interests of the mentally incompetent member.

(d) Application for payment. A written application to the Commanding General, Army Finance Center, requesting payment of amounts due a member who is mentally incompetent will be made by the individual who believes he should be designated to receive payments on behalf of the member who is mentally incompetent. Such application will be

signed by the requesting individual and will contain the following information:

(1) Name, grade, service number, service assignment, and present address of member declared mentally incompetent.

(2) Name, address, and relationship to member declared mentally incompetent, if any relationship, of person who believes he should be designated to receive payments on behalf of the person who is mentally incompetent. (Evidence of relationship may be submitted with application, if desired, but is not necessary as the Commanding General, Army Finance Center, will request any specific evidence required.)

(3) Statement as to whether or not a legal guardian has been or is to be appointed in the near future.

(4) Statement as to past and anticipated future financial relationship with the member who is mentally incompetent.

(e) Bond required for trustee. In cases where the payments may be reasonably expected to exceed $1,000, the person designated to receive amounts due a member who is mentally incompetent will be required to furnish a bond in the amount of $1,000; the premium of which may be paid from the amount due the incompetent. The bond will be in the form designated by the Chief of Finance and will be submitted in original only. Bonds will be obtained and processed by the Commanding General, Army Finance Center.

(f) Fee, commission, or charge. No person serving in a legal, medical, or fiduciary capacity, or in any other capacity, shall demand or accept any fee, commission, or charge for any services rendered in the administration of the act of June 21, 1950 (64 Stat. 249; 37 U. S. C. 351-354), or of this section, except for the bonding fee mentioned in paragraph (e) of this section.

(g) Trustee's report of expenditures. Any person or persons designated by the Commanding General, Army Finance Center, to receive amounts due a member who is mentally incompetent must furnish reasonable assurances to the Commanding General, Army Finance Center, that the amounts received have

been and will be applied to the use and benefit of the mental incompetent. This assurance will take the form of an affidavit by the designated trustee, which affidavit will include a listing of the expenditures made and expenditures to be made fror the amounts received. Such reports will be submitted periodically as required by the Commanding General, Army Finance Center. The final report will be submitted upon termination of trusteeship or upon expenditure of all amounts received. No trustee will be released from his trust, and no bond, if required by paragraph (e) of this section will be terminated until such final report is received and approved as correct. The propriety of all expenditures will be determined by the Commanding General, Army Finance Center.

(h) Termination of payments to trustee. Payments of amounts due mentally incompetent members to trustees shall cease upon the occurrence of any of the following:

(1) Completion of payment of all amounts due.

(2) Death of incompetent.

(3) Death or disability of the trustee. (4) Receipt of notice that a committee, guardian, or other legal representative has been appointed for the mental incompetent by a court of competent jurisdiction.

(5) Failure of the trustee to render the reports required by paragraph (g) of this section.

(6) Whenever there is probable cause to believe that there is improper use of the moneys received on behalf of the mental incompetent.

(7) A finding by a board of medical officers that the heretofore mental incompetent is mentally capable of managing his own affairs.

(8) Whenever the Commanding General, Army Finance Center, deems it advisable.

(i) Initiation or modification of allotments. During the period preceding a determination of mental incompetence and before payment may be made to a legal representative or to a person designated in accordance with this section, financial circumstances of qualified dependents will be considered. In order to

alleviate financial hardship, allotments may be initiated or modified under pertinent special regulations.

(j) Comfort items while in hospital. When it has been determined by the commanding officer of any service hospital that a member has been or is in process of being declared mentally incompetent, such commanding officer may designate an officer under his command to receive and receipt for a sum of money not to exceed $10 per month for the purchase of comfort items from the local Army exchange for the use and benefit of the alleged mental incompetent. The alleged mental incompetent must have no other funds available for such use. His condition must be such that he is able to utilize the items purchased, desires such items, and they are beneficial to his comfort and well being.

(k) Payments. Amounts known to be due a mentally incompetent member prior to or at date of separation or retirement, on account of active duty pay and allowances (including musteringout pay, travel pay, clothing allowance, deposits, etc.), or any amounts due for accumulated or accrued leave, will be paid to the designated payee by the Commanding General, Army Finance Center. Amounts due mentally incompetent former members for active duty pay and allowances found to be due after separation will be processed by the General Accounting Office for settlement.

[16 F. R. 3154, Apr. 11, 1951]

§ 532.2 Retired and retirement pay— (a) General. This section sets forth the operating procedures under which payment of retired pay may be made to designated trustees on behalf of mentally incompetent retired members.

(b) Designation of person or persons to receive payments as trustee. The Finance Officer, Washington Finance Office, U. S. Army, is authorized to designate a person or persons to receive funds due mentally incompetent retired members without the necessity for appointment in judicial proceedings of a committee, guardian, or other legal representative. Any payments to the person or persons so designated trustee shall constitute a complete discharge

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