confinement, should an emergency of the service or other sufficient cause make such measure necessary. The order for temporary release shall be in writing and shall assign the reasons. Should the officer be under charges, they need not be withdrawn, and such temporary release and restoration to duty shall not be a bar to any subsequent investigation or trial of the case that the convening authority may think proper to order, nor to the investigation of any complaint the accused may make in regard to the custody, restriction, arrest or confinement.

§700.1156 Refusal to return to duty.

No person in the naval service shall persist in considering himself in custody or under restriction, arrest, or confinement, after he has been released by proper authority, nor shall he refuse to return to duty.

§ 700.1157 Reprimand or admonition.

Any letter of censure to a subordinate from any officer in command is a non-judicial punishment within the purview of Article 15, Uniform Code of Military Justice, except when issued pursuant to the sentence of a courtmartial, if a copy thereof is forwarded to the Headquarters, United States Marine Corps or Bureau of Naval Personnel. Any other criticism, reproof, or instructions, written or oral, shall not in itself constitute a punishment in that sense.

§700.1158 Limitations on certain punishments.

(a) Instruments of restraint, such as handcuffs, chains, irons, and straitjackets, shall not be applied as punishment. Furthermore, chains shall not be applied as restraints. Other instruments of restraint may not be used except for safe custody and no longer than is strictly necessary under the following circumstances:

(1) As a precaution against escape during the transfer of a person in custody or confinement;

(2) On medical grounds by direction of the medical officer;

(3) By order of the commanding officer or officer in charge, if necessary to prevent a person from injuring himself or others or from damaging prop

erty, provided that other methods of control are considered ineffectual. In such instances a medical examination shall be made at the earliest practicable time, preferably in advance of the restraint, to ensure that no medical contraindication exists. The commanding officer or officer in charge shall submit a letter report of the details to the next superior authority and, if no medical officer is available to conduct the examination, shall submit a message report in lieu thereof.

(b) The punishments of extra duties and hard labor without confinement shall not be performed on Sunday although Sunday counts in the computation of the period for which such punishments are imposed.

(c) Guard duty shall not be inflicted as punishment.

§700.1159 Treatment and release of pris

oners.

(a) Persons in confinement shall be in the custody of a master-at-arms or other person designated by the commanding officer. They shall not be subjected to cruel or unusual treatment. They shall be visited as necessary, but at least once every 4 hours to ascertain their condition, and to care, as may be appropriate, for their needs.

(b) The commanding officer shall direct their release promptly upon the expiration of their confinement. In case of fire or other sudden danger which may imperil their lives, they shall, subject to such special orders as the commanding officer may have issued, be removed to a place of safety or, when appropriate, released within the limits of the command by the master-at-arms, or other custodian, and the commanding officer shall be promptly informed of the action taken.

(c) No greater force than that required to restrain or confine the offender shall be used in taking into custody a person intoxicated from indulgence in alcoholic liquors, or under the influence of marijuana, narcotic substances, or other controlled substances as defined in these regulations.

$700.1160 Places of confinement.

(a) Prisoners shall be confined only in brigs or other facilities designated

Except as necessary during contract administration to determine specification or other compliance, no person in the Department of the Navy, in his official capacity, shall endorse or express an opinion of approval or disapproval of any commercial product or process.

$700.1162 Action upon receipt of orders.

(a) An order from competent authority to an officer requiring such officer to report for duty at a place, or to proceed to any point and report for duty, but fixing no date and not expressing haste, shall be obeyed by reporting within four days, exclusive of travel time, after its receipt for execution. If the order read "without delay," the officer shall report within forty-eight hours, exclusive of travel time, after its receipt for execution; and if “immediately," within twelve hours, exclusive of travel time, after its receipt for execution. Officers receiving "proceed without delay" and "proceed immediately" orders shall endorse on their orders the date and hour of their receipt for execution. Any delay in carrying out orders granted by competent authority is in addition to the time allowed by this article.

(b) The time allowed by this article may be taken any time between the time of detachment from the officer's original station and the time of reporting at the new permanent duty station. It may, however, be taken only once regardless of whether the officer avails himself at that time of all or part of the proceed time.

(c) An application for the revocation or modification of orders will not justify any delay in their execution, if the officer ordered is able to travel.

(d) Proceed time for enlisted personnel will be as prescribed by the Chief of Naval Operations or the Commandant of the Marine Corps.

§700.1163 Equal opportunity and treatment.

Equal opportunity and treatment shall be accorded all persons in the Department of the Navy irrespective of their race, color, religion, sex, or national origin consistent with requirements for physical capabilities.

Subpart K-Purpose and Force of Regulations Within the Department of the Navy

$ 700.1201 Purpose and force of United States Navy Regulations.

United States Navy Regulations is the principal regulatory document of the Department of the Navy, endowed with the sanction of law, as to duty, responsibility, authority, distinctions, and relationships of various commands, officials, and individuals. Other regulations, instructions, orders, manuals, or similar publications, shall not be issued within the Department of the Navy which conflict with, alter or amend any provision of Navy Regulations.

§700.1202 Issuances concerning matters over which control is exercised. Responsible officers and officials of the Department of the Navy may issue, or cause to be issued, orders, instructions, directives, manuals or similar publications concerning matters over which they exercise command, control, or supervision.

§700.1203 Imposition of workload.

Orders, instructions or directives will be issued with due regard for the imposition of workload resulting therefrom and benefits or advantages to be gained, particularly, when the imposition of requirements is outside of command lines of authority.

§700.1204 Navy Regulations changes.

(a) The Chief of Naval Operations is responsible for ensuring that Navy Regulations conform to the current needs of the Department of the Navy. When any person in the Department of the Navy deems it advisable that a correction, change or addition should be made to Navy Regulations, he shall forward a draft of the proposed correction, change or addition, with a statement of the reasons therefor to the Chief of Naval Operations via the chain of command. The Chief of Naval Operations shall endeavor to obtain the concurrence of the Commandant of the Marine Corps, the Judge Advocate General, and other appropriate offices and bureaus. Unresolved disputes concerning such corrections, changes or additions shall be forwarded to the Secretary of the Navy for appropriate action.

(b) Changes to Navy Regulations will be numbered consecutively and contained in page changes. Advance changes may be used when required. Advance changes will be numbered consecutively and incorporated in page changes at frequent intervals.

701.4 "Record(s)" defined.

701.5 General provisions.

701.6 Form and addresses for requests for records.

701.7 Responsibility and authority for determinations.

701.8 Procedures for processing requests. 701.9 Appeals from denials of requests for records.

701.13 Effective date.

Subpart B-Guidelines on Matters Which Are Exempt From Public Disclosure

701.21 General rule.

701.22 "Reasonably segregable" matters. 701.23 Judicial review.

701.24 Specific exemptions.

701.106 Notification,

Sec.

701.123 Exemptions for specific Navy records.

701.124 Exemptions for specific Marine Corps record systems.

AUTHORITY: 5 U.S.C. 552, as amended by Pub. L. 93-502, 32 CFR Part 286 (40 FR 8190). Subpart E also issued under 32 CFR Part 296 (40 FR 4911).

SOURCE: 40 FR 12777, Mar. 21, 1975, unless otherwise noted.

Subpart A-Requests for Records

§ 701.1 Purpose.

Subparts A through D of this Part 701 implement the Freedom of Information Act (5 U.S.C. 552) and DoD Directive 5400.7 of February 14, 1975 (32 CFR Part 286; 40 FR 8190), by delineating responsibilities and prescribing policies, procedures, conditions, and criteria applicable to responding to requests of members of the public for copies of Department of the Navy Records, and is published for the guidance of the public.

§ 701.3 Scope and effect.

Subparts A

(a) Applicability. through D of this Part 701 shall govern responses by Department of the Navy officials and military and civilian personnel to written requests from members of the public for permission to examine, or to be provided with copies of Department of the Navy records. Informal requests, requests of members of the public for information other than records, and inquiries not clearly contemplating the furnishing of records, are not subject to the technical requirements of this subpart, but shall be answered promptly in accordance with other established procedures and practices. See § 701.6. Additionally, the following categories of requests for information or records are specifically excluded from the scope of this instruction:

(1) Requests from the Congress or Members of Congress, which are governed by Secretary of the Navy Instruction 5730.12, and by § 1-1006.1 of the Armed Services Procurement Regulation (32 CFR 1.1006-1);

(2) Requests from Department of the Navy military or civilian personnel (active, reserve, former, or retired) for information contained in their person

nel or medical records, or for copies of documents contained therein, which, unless specifically stating that they are submitted pursuant to this instruction or the Freedom of Information Act, will be presumed to have been submitted pursuant to other regulations or procedures specifically designed to ensure the protection of the privacy of the individuals concerned.

(3) Requests from the General Accounting Office for records in connection with audits, which are governed by Secretary of the Navy Instruction 5741.2D;

(4) Court orders or subpoenas demanding production of records, discovery, or testimony of witnesses, which are governed by the Manual of the Judge Advocate General (JAGINST 5800.7A), chapter XIII (32 CFR Part 720) or

(5) Requests from other Federal agencies, or Federal Government employees whose official duties require or entitle them to have the particular information or records.

(b) Publication and Public Availability of Special Classes of Records. The requirements in 5 U.S.C. 552 that certain classes of Department of the Navy regulatory, rule-making, and organizational records be published in the FEDERAL REGISTER for the guidance of the public, and requirements that records having precedential effect concerning the public be currently indexed and held available for public inspection and copying, are implemented in subpart E.

(c) Public Affairs Regulations. This instruction is intended to complement, and not restrict, the conduct of Department of the Navy public affairs, media relations, community relations, or internal relations functions and practices authorized in Secretary of the Navy Instruction 5720.44, Department of the Navy Public Affairs Regulations. Should the latter instruction conflict in any respect with any provisions of this Part 701, however, the provisions of this part shall be controlling.

(d) U.S. Navy Regulations. For the purposes of article 1116.3, U.S. Navy Regulations, 1973, [32 CFR 700.1116(c)] the release of a record to a member of the public upon a request

of purposes

granted in accordance with §§ 701.8 or 9 shall be deemed to have been done in the discharge of official duties. For the article 1116.4 [§ 700.1116(d)], the release of a record designated as "For Official Use Only" to a member of the public upon a request granted in accordance with §§ 701.8 or 9, shall not be deemed to have been a release to the "general public."

(e) Other Directives. Other directives which, to the extent that they do not conflict with this subpart, serve to supplement it with respect to particular categories of information or records, include:

(1) Bureau of Naval Personnel Instruction 1070.12A and Marine Corps Manual, paragraph 1070 (also, for Headquarters, Marine Corps, HQO P5000.3A, chapter 30)-release of information from the personnel records of members and former members of the Navy and Marine Corps.

(2) Federal Personnel Manual, chapters 293, 294, 335, 339 and 713-release of information from active and inactive civilian personnel records.

(3) Manual of the Medical Department, U.S. Navy, NAVMED P-117, chapter 23, section III-release of information from active and inactive medical records.

(4) Armed Services Procurement Regulation (32 CFR 1.329) and Navy Procurement Directives (32 CFR Part 737)-release of procurement records and information.

§ 701.4 "Record(s)” defined.

(a) As used in subparts A through D, the term "record(s)" is intended to include any books, papers, maps, photographs, or other documentary materials, regardless of physical form or characteristics, made or received by any agency of the United States Government in pursuance of Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of data contained therein. "Records" are not limited to

permanent or historical documents but include contemporary documents as well.

(b) "Record(s)" described in § 701.4(a)(1) which are stored in computers are not excluded from the provisions of this subpart. See § 701.5(b)(2).

(c) However, the term "record(s)" does not include objects or articles such as structures, furniture, paintings, sculpture, three-dimensional models, vehicles, equipment, etc., whatever their historical value or value as "evidence." Formulae, designs, drawings, research data, computer programs, technical data packages, etc., are not considered "records" within the Congressional intent of 5 U.S.C. 552, even though maintained in documentation form. Because of development costs, utilization, or value, these items are considered property, not preserved for informational value nor as evidence of agency functions, but as exploitable resources to be utilized in the best interest of all the public. Requests for copies of such material shall be evaluated in accordance with policies expressly directed to the appropriate dissemination or use of such property. Requests to inspect such material to determine its content for informational purposes shall normally be granted, however, unless inspection is inconsistent with the obligation to protect the property value of the material, as, for example, may be true for certain formulae.

§ 701.5 General provisions.

(a) Policy. In accordance with the spirit and intent of 5 U.S.C. 552 and 32 CFR Part 286, the Department of the Navy will make available to the public the maximum information concerning its operations, activities, and administration. Subject to the conditions in subparts A through D concerning exemptions and the requesters, compliance with prescribed minimum requirements, records requested by the public will be made available promptly, fully, and willingly, as a matter of right.

(b) Requests for Records. Upon receipt of written or oral requests to naval activities, all reasonable efforts should be made to advise members of