ing program of any Military Service is approached for the purpose of its inclusion in the testing program, coordination shall be accomplished through the local Interservice Recruiting Committee concerned with recruiting in that high school.

(2) Each Military Service shall provide all high schools in which the ASVAB is administered with data on vocational use of this battery in line with § 63.3(d).

(c) Counselor's manual. Subject to the guidance and approval of the Assistant Secretary of Defense (Manpower), the Department of the Navy shall have the primary responsibility for preparation, printing, and initial distribution to the Military Services of a DoD high school counselor's military service reference manual.

(1) This manual will provide high schools with basic descriptive material on DoD high school recruiting policy, use of the ASVAB, and serve as a quick reference guide to recruiting material of all the Military Services.

(2) Each Military Service shall provide technical assistance to the Navy in the preparation of the counselor's manual.

(d) Accountability for tests. In order to assure that strict control and accountability of each copy of the tests and on scoring keys for the ASVAB:

(1) Initial distribution of test forms by the Department of the Army will be made to a designated central supply office in each Military Service. A designated officer shall be responsible for maintaining careful control of tests in his custody and control of distribution to the Test Administrators in his Military Service. The Air Force shall maintain proper security of test papers and scoring keys in its custody.

(2) Test Administrators shall be designated by each Military Service who (i) will have sole responsibility for maintaining the security of tests and answer papers at the local level, and (ii) assure that the examinations are given under appropriate testing conditions and with proper assurance for security control of the tests.

(3) Test Administrators may be civilian or military personnel. However, no individual having a responsibility for recruiting shall be designated as a Test

Administrator except in rare specially authorized instances and only after approval by the Interservice Recruitment Committee concerned.

(4) Recruiting personnel and school teachers may be used by the Test Administrators to assist in proctoring the examination.

(5) If the ASVAB is used for preenlistment aptitude testing, control of scoring keys shall be limited to a specially designated commissioned officer.

(e) Budgeting and accounting. (1) Costs involved in the preparation of the ASVAB, the administration and scoring of the test batteries and the preparation of the counselor's manual shall be shared equally among the three (3) Military Departments.

(2) Manpower costs required for test administration and scoring of the high school testing program shall be borne equally by the Military Departments.

(f) Reporting. The Air Force will have the responsibility for providing such reports as may be compiled from the data available at the ASVAB test scoring facility on the progress of the testing program as the ASD (M) may require.

(b) It (1) assigns responsibilities for coordination of DoD survey efforts, (2) sets forth policies for evaluating survey requests and (3) establishes procedures for obtaining approval to survey DoD personnel.

§ 64.2 Applicability and scope.

(a) The provisions of this part govern all surveys of military and civilian personnel and apply to the Office of the Secretary of Defense, the Military Services, the Organization of the Joint Chiefs of Staff, and all other DoD agencies, each hereinafter referred to as a component.

(b) Nothing in this part is intended or should be construed to preclude a DoD component from conducting a survey of its own personnel.

(a) The use of survey techniques to obtain needed management information is encouraged. However, a survey shall be initiated only after it has been determined that:

(1) The available information, including results of past surveys of the same or similar individuals is not adequate to fill the need satisfactorily.

(2) Currently programed surveys cannot either produce information adequate for the purpose, or be adapted to obtain the required information.

(3) The need for the information warrants the cost of administration and analysis of the survey.

(4) The survey is to produce the most valid information with the least burden to individual personnel or participating organizations.

(b) Surveys sponsored by DoD components: Surveys requiring participation of personnel in any DoD component other than the sponsoring component will be submitted, in accordance with the procedures specified in § 64.6, to the Of

fice of the Assistant Secretary of Defense (Manpower and Reserve Affairs) for approval.

(c) Surveys sponsored by a Government department or agency other than the DoD:

(1) Requests for DoD assistance in survey projects sponsored by a Government Department or Agency other than DoD normally will be approved, subject to:

(i) Compatibility with the policies set forth in paragraph (a) of this section.

(ii) Compliance with DoD security standards with respect to handling and use of responses where classified information is involved.

(iii) Feasibility of providing the assistance requested without interference with the missions of the DoD activities affected.

(iv) Agreement by the sponsor to defray fiscal costs arising from the administration of the survey.

(2) Where survey designs contemplate application to only one DoD Component, approval may be granted by that component. Should there be any question regarding sponsorship or the possible application to more than one DoD component, the request shall be referred to the OASD (M&RA) for resolution.

(d) Survey requests from non-Government sources:

(1) Requests for participation of DoD personnel or assistance in survey projects from non-Government sources will be subject to the foregoing provisions of this section.

(2) Response by DoD personnel to surveys addressed to them as individuals without official participation of their DoD component will, in general, be neither encouraged nor discouraged, except that replies are not authorized to questions eliciting responses which might include or be based on (i) classified information, or (ii) information derived from performance of official duties if the opinion or information is not available to the general public.

(3) Official sanction for conducting or providing assistance in surveys requested by other than governmental sponsors shall be based on:

(i) An identified DoD interest in the projected results of the survey.

(a) The Deputy Assistant Secretary of Defense (Military Personnel Policy) (DASD (MPP)) is designated as the staff officer to carry out the following functions:

(1) Coordinate and approve survey requests which require participation of personnel in more than one DoD component or components other than the sponsoring component.

(2) Provide a depository, with a capability for ready reference, for reports or results of surveys conducted by DoD components which are or may be of particular interest and usefulness to OSD.

(3) Provide consultative service for any OSD staff element and designated survey offices of DoD components in survey design and administration.

(4) Foster the development of compatible and effective survey programs among DoD components.

(b) Each DoD component will: (1) Designate one office as the point of contact for survey activities of that component.

(2) Establish procedures to insure conformity with the provisions of this instruction.

(3) Provide for liaison and participation in surveys originated by other DoD components in the interest of coordination and compatibility of survey efforts.

(4) Furnish copies of survey reports or results which are determined to be of particular interest to the ODASD (MPP) for the DoD depository (paragraph (a) (2) of this section) and maintain records of background information to provide ready accessibility on request. § 64.6

Procedures for surveys requiring OASD (M&RA) approval.

(a) Requests for OASD (M&RA) approval, will be accompanied by:

(1) A statement explaining the purpose, data collection plans, individual and command time required, schedule of events, related surveys, and reporting plans.

(2) A draft of the forms, schedules, or questionnaires, and instructions to be used for data collection.

(3) The name, title, address, and telephone number of the senior project officer.

(b) For each survey approved by OASD (M&RA), a final copy of the sur vey form, instructions for administration, and survey reports will be furnished to the ODASD (M&RA) for the deposi tory (§ 64.5(a) (2)).

This part establishes Department of Defense policy governing the release of information from medical records by the Secretaries of the Military Departments and Directors of Defense Agencies or their designees for this purpose. These include the medical records of present and former members of the Armed Forces, other individuals treated in mili tary medical facilities, and such other medical records as may have been de posited with the DoD by other Federal and State agencies. Release of informa tion from medical records which are properly included in official personnel folders of civilian employees is governed by the provisions of subchapter 1, chapter 339, Federal Personnel Manual. § 66.2 Applicability.

The provisions of this part apply to the Military Departments and Defense Agencies (hereinafter referred to collectively as "DoD components").

66.3 Policy.

(a) Release to the public. Information contained in medical records of individuals who have undergone medical examination or treatment is personal to the individual and is therefore considered confidential. Consequently, information from such medical records, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, should not be made available to the public (see 5 U.S.C. 552, and DoD Directive 5400.7 (32 F.R. 9666)).

(b) Release to the individual concerned. If an individual requests information from his medical record, it shall be released to him unless, in the opinion of the releasing authority, it might prove injurious to his physical or mental health. In such an event, and where the circumstances indicate it to be in his best interests, the individual shall be requested to authorize the release of the information to his next of kin, legal representative, or personal physician, as appropriate.

(c) Release to representatives of the individual concerned. Medical information shall be released to authorized representatives of the individual concerned, upon the written request of the individual or his legal representative. If the individual concerned is mentally incompetent, insane, or deceased, the next of kin or legal representative must authorize, in writing, the release of the individual's medical records.

(d) Release to other govenrment departments and agencies. Medical information shall be released, upon request, to other departments and agencies which have a proper and legitimate need for the information.

(1) Should the releasing authority have doubts as to whether the requesting department has a proper and legitimate need for the information, the latter will be requested to specify the purpose for which the medical information will be used. In appropriate cases, the requesting department will be advised that the information will be withheld until it obtains the written consent of the individual concerned.

(2) In honoring proper requests, the releasing authority shall disclose only

that information which is germane to the request. The following are representative instances where other departments and agencies, both Federal and State, may have a proper and legitimate need for the information.

(i) Medical information is required in order to process a governmental action involving the individual whose medical record is sought. (The Veterans' Administration and the Bureau of Employee's Compensation process claims in which the claimant's medical history is relevant.)

(ii) Medical information is required in furtherance of the treatment to an individual in the department's custody. (Federal and State hospitals and prisons may need the medical history of their patients and inmates.)

(e) Release to medical research or scientific organizations. Medical information shall be released, upon the request of medical research or scientific organizations or other qualified researchers when, in the opinion of the releasing authority, release of the requested information is in the public interest. Where possible, names of parties should be deleted. The requesting organization or individual shall be advised that the information must be held in confidence and that any published reports resulting from such study shall not identify in any way the individuals whose medical records were examined.

(f) Release to Federal or State courts or other administrative bodies. (1) The foregoing limitations are not intended to preclude compliance with lawful court orders calling for the production of medical records in connection with civil litigation or criminal proceedings, nor to preclude release of information from medical records when required by law.

(2) Whenever the releasing authority has doubts as to whether the supoena or other compulsory process has been issued by a court of competent jurisdiction or by a responsible officer of any agency or body having power to compel production, the Judge Advocate General (or other cognizant legal officer) shall be consulted.

(g) Copies of medical records. Upon request, an individual or his authorized

representative entitled to have access to medical records, will be furnished copies of the individual's medical records.

Effective date and implementation. This part is effective ninety (90) days from the date of issuance. Within sixty (60) days of the effective date of this part, three (3) copies of proposed implementing regulations shall be submitted to the Assistant Secretary of Defense (Manpower) for approval. Immediately upon issuance three (3) copies of each implementing regulation shall be forwarded to the Assistant Secretary of Defense (Manpower).

AUTHORITY: The provisions of this Part 67 issued under 5 U.S.C. 301.

SOURCE: The provisions of this Part 67 appear at 32 F.R. 9968, July 7, 1967, unless otherwise noted.

§ 67.1 Reissuance and purpose.

This part reissues DoD Instruction 1336.2, dated February 17, 1959, which is hereby cancelled, and prescribes the identification cards (DD Forms 2)1 to be issued members of the Armed Forces of the United States.

§ 67.2 Applicability.

The provisions of this part apply to the Military Departments.

§ 67.3 Policy.

(a) The DD Form 2, printed in green security-type ink on a paper insert with a light green background laminated between two (2) sheets of plastic, shall be issued to members of the Armed Forces who are serving on extended active duty.

(b) The DD Form 2, printed in gray security-type ink on a paper insert with

1 Filed as part of original document; copies may be obtained from Departments of Army, Navy, or Air Force, as appropriate.

a light gray background and laminated between two (2) sheets of plastic, shall be issued to retired members of the Armed Forces who are entitled to retired pay.

(c) The DD Form 2, printed in red security-type ink on a paper insert with a light red background and laminated between two (2) sheets of plastic, shall be issued to members of the Reserve Components who are not otherwise entitled to either of the cards prescribed in paragraph (a) or (b) of this section. § 67.4 Procedures.

(a) The method of control and record of issuance of the DD Forms 2 shall be as determined by the respective Military Departments.

(b) Positive statement of entitlement to health care benefits under the provisions of Public Law 614, 89th Congress will not be entered on DD Forms 2 (gray). Potential sources of care will assume entitlement in the absence of a negative statement in this regard.

(c) DD Forms 2 (gray) will not be reissued for the sole purpose of covering entitlement to new medical benefits authorized by Public Law 89-614, except in the following cases:

(1) DD Forms 2 (gray) will be reissued to Reservists entitled to retired pay under the provisions of DoD Directive 1340.7, "Notification of Eligibility for Retired Pay for Members of Reserve Components," dated March 29, 1967, who served on active duty (other than for training) for less than eight (8) years.

(2) In the case of a Reservist who is 65 years of age or older and who is entitled to hospital insurance benefits under title I of the Social Security Amendments of 1965, Public Law 97, 89th Congress, the entry "NoCivMedCare" will be made in the blank space to the right| of the "Date of Issue" section of the form.

(d) When for any reason a DD Form 2 (gray) is issued in the future to a retired member who is under 65 years of age, the entry "NoCivMedCare after (date)" will be made to the right of the "Date of Issue" section of the form. The date to be entered will be the day preceding the retired member's 65th birthday.