1. Purpose. This memorandum issues instructions for handling inquiries from Representatives and Senators. These inquiries are usually referred to as "congressionals."
2. Cancellation. NPRC 1865.12K is canceled.
3. Reasons for revision. This memorandum is revised to reflect the impact of office automation on caseworking procedures in the Special Inquiries Section of the Reference Service Support Branch.
4. Instructions. The instructions for handling these inquiries are contained in the attachment.
5. Forms. This memorandum provides for the use of the following forms:
NA Form 13008, Loan or Transfer of
Records
NA Form 13015, Control Card
NA Form 13041, Statement of Service
NA Form 13041A, Statement of Service
NA Form 13053, National Personnel
Records Center Acknowledgment/Referral
NA Form 13059, Transmittal of and/or
Entitlement to Awards
NA Form 13075, Questionnaire About
Military Service
NA Form 13086, Verbal or Telephone
Inquiry
NA Form 13098, NPRC Routing Slip
NA Form 13104, Multiple Purpose Correspondence
Form
NA Form 13105, NPRC Search Request
and Reply
GSA Form 1621, "Congressional" cover
sheet
Standard Form 180, Request Pertaining
To Military Records
DAVID L. PETREE
Director
1. General information. The importance of maintaining excellent relations with Senators and Representatives cannot be overemphasized. Congressional requests not only must receive priority handling at every level, but responses to such requests must be neat and well written. The Datapoint in conjunction with the Pattern Paragraph/Letter Catalog for SIS Technicians are used to respond to most inquiries. The pattern sentences/paragraphs contained in the catalog were taken from NA response forms which provide appropriate wording that in most cases will make it unnecessary to compose a reply.
2. Priority handling required. Congressional inquiries receive first priority handling, as follows: (1) Mail clerks are to identify and process congressional inquiries as quickly as possible. (2) All congressional requests are hand-carried to operating branches and are given to the appropriate supervisor or placed where they are highly visible and are easily recognizable from other inquiries to ensure priority processing. (3) Search procedures are completed within eight hours after request is received. (4) An acknowledgment of the request is dispatched by the end of the third working day following the day of receipt if a full response cannot be made within that time period. (Ex: A request date tagged Monday must be answered or at least acknowledged by COB Thursday.)
3. Responsibilities.
a. Incoming Mail Units (NCPMO-M). The Incoming Mail Units separate all congressional inquiries and attach "Congressional" cover sheet, a red tag indicating first priority, and appropriate color-code date tag. A "SPECIAL" tag should be attached to inquiries which are complaints or indicate a deadline. A BIRLS probe is made for all fire-related inquiries. After the computer is probed, if necessary, FAR's and inquiries are matched and handcarried to the Chief, Special Inquiries Section. The Incoming Mail Units code congressional inquiries "SIS" and appropriate level of difficulty. Additional routing information on Navy and Marine Corps requests should be included on the routing code, if appropriate. For example, codes may be written SIS6A&MED, SIS5MED, SIS5M&MED, SIS6B, etc. The Incoming Mail Units do not return incomplete inquiries to congressional offices for more information. After the computer is probed, any such request is sent to the Special Inquiries Section, coded only "SIS."
b. Special Inquiries Section (SIS). The Special Inquiries Section, Reference Service Support Branch, performs all functions relative to processing congressional inquiries except the searching functions among either personnel, medical, or organizational records. Major responsibility for maintaining control, effectiveness, and timeliness of responses to congressional inquiries belongs to the Chief, Reference Service Support Branch, with day-to-day responsibilities resting in the hands of the Chief, Special Inquiries Section. The branch chief has the responsibility for coordinating all unusual requests with NCPM. The Special Inquiries Section also performs "procurement" activities, i.e., requests to outside sources for records/information needed to answer the inquiry. All inquiries requiring action from other work elements are hand-carried to the appropriate supervisors, WHO ARE EXPECTED TO ASSIGN THEM FOR TOP PRIORITY PROCESSING. Complete and effective control on ALL congressional inquiries must be maintained.
When the inquiry is reviewed and coded completely, the veteran's name, service number, social security number, branch of service, name of the member of Congress, date received, and document name are entered into the computer and printed on NA Form 13015, Control Card. The batch and control clerk who enters the above data also prints an acknowledgment letter and the date acknowledged on the NA Form 13015 if it is apparent that a response cannot be made within three workdays. The NA Form 13015 is prepared in the original and three copies. The original is for the completed case file; the first copy (yellow) is filed with a copy of the response in the former service member's record; the second (pink) is sent with a copy of the reply to NCP; and the third copy (gold) is given to the employee to account for a completed case.
NOTE: Original NA Forms 13015 filed in the completed case file are cut off annually, held two years, and destroyed.
If the case cannot be worked because of insufficient information to identify the veteran and/or difficulty in determining what is requested, the inquiry is returned along with a Standard Form 180, Request Pertaining To Military Records, or NA Form 13075, Questionnaire About Military Service. A transmittal letter is prepared describing what additional information is needed and requesting that all papers be returned with the revised inquiry. A copy of the inquiry, the transmittal letter, and the completed original NA Form 13015 are filed in the congressional transitory control file in the Special Inquiries Section.
c. Military reference branches and Records Reconstruction Branch. Refer telephone calls to the Special Inquiries Section only if they come from congressional offices. Calls from other agencies and offices which state that they have a congressional inquiry should not be referred to SIS.
d. Search and file sections. Supervisors are responsible for maintaining complete and effective control of congressional inquiries for search actions. All appropriate records blocks, sources, and offices should be searched in a timely and accurate manner. Search procedures that are unique to congressional inquiries are as follows:
(1) A verification search should be conducted immediately after the routine search if the record is charged out to a correspondence element. All other charge-outs should be hand-carried to SIS for analysis after the routine search. Exception: Congressional inquiries for records charged out to Navy Correspondence over 30 days should be hand-carried to the Navy Correspondence Section Chief or one of the assistant section chiefs after the routine search has been conducted.e. Organizational records sections. Congressional requests for organizational records searches and reconstruction of records SHOULD RECEIVE FIRST PRIORITY PROCESSING. All searches requested by SIS employees should be conducted by the OR searcher. In addition, OR searchers should analyze the data in the inquiry, search request, and any attachments which may provide information to enable a search of organizational records. OR searchers should use their knowledge, experience, and ingenuity in working to obtain the requested information. All available alternate records sources must be searched. For example, if the sick reports show the veteran going to the hospital, OR searchers should automatically search the morning reports and detachment of patients (including state-side hospitals). The results of the search should clearly state the exact type of record searched, the dates searched (from and to), and the specific results of the search. OR searchers should state very clearly if the records are on file, but no record was found for the veteran; or if the records are not available for a search to be made; or if the veteran's name appeared, but no remarks were found pertaining to the allegation. All completed cases are reviewed by the supervisor prior to dispatch to SIS.(2) Congressional inquiries with negative search results should be reviewed by a supervisor or lead technician in the search and file section to ensure that the proper search was made before they are returned to SIS.
4. Release. The Privacy Act does not negate the privilege of an individual Senator or Representative to obtain information/records from the Center when it is stated or implied that the inquiry is being made on behalf of the constituent. Basically, the release procedures are the same as for requests from other sources. However, if the congressional office gives a full explanation as to the purpose of the request, stating that the action is being taken on behalf of the veteran or next of kin, and if the need seems warranted, then a more liberal application of the release procedure may be made. This must be determined on an individual basis after consultation with the supervisor, if necessary. Be careful of the following conditions:
NOTE: When a congressional office telephones NPRC to transmit a request and implies that a constituent has made a request, be sure to ask the caller specifically if the office is working in behalf of a constituent/veteran. If the answer is yes, note the response on the NA Form 13086, Verbal or Telephone Inquiry, under "INFORMATION OR ACTION SOUGHT." Tell the caller that you will accept the request but to send a written request with the appropriate authorization to this Center for filing. Of course, if the answer is negative, do not accept the request.
a. Precaution against possible detriment to veteran. Some medical records contain information or a diagnosis which may prove injurious to the physical or mental health of the person whose records are involved. If Navy or Marine Corps medical records are involved, the request and records must be brought to the Navy Medical Liaison Officer (NavMed LNO), who will determine whether the information can be released. Air Force records containing this type of information are sent to Randolph Air Force Base for direct reply. Army or Coast Guard records containing this type of information (or records not approved for release by the NavMed LNO) MAY NOT BE FURNISHED TO THE VETERAN, and the congressional office must be so advised. Examples of this type of medical record information are:
(1) Diagnosis of a mental, psychoneurotic, or personality disorder.Inform the congressional office that NPRC furnishes medical records to the veteran's physician, if a signed statement from the veteran authorizes NPRC to send the records to a specific physician. This type of medical information is not sent to the veteran's next of kin (NOK) or legal representative. The appropriate wording to use is in the Pattern Paragraph/Letter Catalog for SIS Technicians.(2) Diagnosis or implications of sexual deviation.
(3) Any illness that carries a uniformly unfavorable prognosis.
NOTE: If the congressional office did not furnish the veteran's authorization to release the requested document(s)/information to the Member of Congress, and it therefore would have been necessary for NPRC to go back to the congressional office for authorization, tell the congressional office instead that we must have the name and address of the veteran's physician, and that the document(s) will be sent there.
b. Drug/alcohol abuse patient treatment or rehabilitation records. Restrictions on release of records made on or after March 21, 1972, concerning the treatment or rehabilitation of a drug abuse patient and records made on or after May 14, 1974, for treatment or rehabilitation of an alcohol abuse patient, apply equally to congressional inquiries. If the Member of Congress does not state in the inquiry to reply directly to the constituent, call the congressional office and inform the caseworker that it is this Center's policy to furnish certain types of records directly to the individual whose records are involved. Obtain the veteran's address and mail copies of the records directly to the veteran. Send a carbon copy of the response only, to the congressional office. See NPRC 1865.103, ch. 1, par. 8 for additional instructions.
c. Controversial or legal matters involved. If the requested personnel information involves legal or controversial issues, or other information which may reflect unfavorably on the military service concerned, coordinate with the appropriate military service.
d. Doubtful cases as to motives behind inquiry. If the congressional office does not state the purpose for which the information is to be used, or in whose behalf the request is made, do not provide data requested until it is ascertained that the office is acting in the best interest of the constituent/veteran. This is done by telephone, or through the mail, depending upon the urgency indicated in the inquiry. Inform the office that information may be furnished to an office that is acting in an official capacity in behalf of the person whose records are involved (or the NOK if that person is deceased or is a minor), and that further consideration will be given the request upon receipt of a statement to this effect. If the request is resubmitted without such a statement, consult the section chief. Always employ tact and diplomacy in your contacts with the congressional offices.
e. Inquiries concerning fire-related records. Pattern responses are available in the Pattern Paragraph/Letter Catalog for SIS Technicians which explain the 1973 fire and NPRC's reconstruction efforts. However, persons preparing responses to congressional inquiries concerning fire-related records retain the option of using the most appropriate wording from whatever source available. This does not exclude the choice of composing all or part of the reply.
f. Request for last known address or forwarding service. Requests submitted on behalf of a veteran, seeking assistance in locating former service personnel with whom the veteran served, are referred to the Director (OO), VA Records Processing Center, P.O. Box 5020, St. Louis, MO 63115 if the request contains five names or more and the names are accompanied by a service number, social security number, or VA claim number. In the absence of enough such identifiers, or if the request contains fewer than five names, inform the congressional office to provide the above information to the nearest Department of Veterans Affairs (VA) regional office for assistance. All other requests are processed in accordance with NPRC 1865.49, Requests for last known address or "whereabouts" information. Pattern responses are contained in the Pattern Paragraph/Letter Catalog for SIS Technicians. THE FACT THAT A REQUEST IS FROM A CONGRESSIONAL OFFICE DOES NOT WARRANT AN AUTOMATIC EXCEPTION TO THE NORMAL MPR POLICY.
g. Requests seeking an NPRC or NARA policy statement. If a congressional office writes to this Center in behalf of a constituent and seeks a statement regarding this Center's reference service policies, records reconstruction policies, records disposition policies, or any other subject which requires a general statement of policy, the request is brought to the branch chief's attention immediately. The branch chief consults with NCPM before a reply is prepared.
5. Reply procedures.
a. Form of reply. The Pattern Paragraph/Letter Catalog for SIS Technicians contains pre-written sentences, paragraphs, and letters for use in preparing the reply. Responses which cannot be made using the information in the catalog are processed at the GS-6 level or higher.
Currently, only a limited number of NA response forms are used to reply to congressional inquiries. The two forms used most often are NA Form 13041, Statement of Service, and NA Form 13059, Transmittal of and/or Entitlement to Awards. Most replies are made on formal letterhead stationery.
b. Disposition of follow-up or duplicate requests. Occasionally, duplicate or follow-up requests are received from congressional offices. When this occurs and a response has been made to the original request within a reasonable amount of time prior to the date of the follow-up or duplicate request, call the congressional office and explain to the caseworker that a reply was made, give the date, and ask if the response was received. If the caseworker states that the reply was received, ask if the duplicate or follow-up request can be closed. If the answer is yes, document the action on the NA Form 13015. If the answer is negative, process the duplicate or follow-up inquiry in the normal manner. Explain that a response was sent previously and furnish the date.
c. Addressing reply. The reply generally is addressed to the Senator or Representative. It may be directed to the constituent, however, if the congressional office requests such action or indicates extreme urgency. Examples of urgency are eligibility determinations for home loan, employment, entrance into school, etc., which are suspended pending receipt of reply. The person working the case in the Special Inquiries Section prepares the mailing envelope or mailing label. The correct address format is shown in fig. 1.
d. Signature. All routine replies to congressional inquiries are signed by the Chief, Reference Service Support Branch, for the Center Director. However, complaints regarding prior NPRC service or questions regarding Center policies or procedures are signed by the Center Director.
e. Date and correspondence symbols. The Reference Service Support Branch dates all replies and uses its own correspondence symbol.
f. Copies. Fig. 2 shows the number of copies to prepare and correct routing of such copies. Do not prepare a courtesy copy for Senators or Representatives unless one is specifically requested. Fig. 2 also shows what type of stationery is correct.
(1) Copies for NCP. The first copy of the response is forwarded to NCP. Do not send copies of requests, referral notices, routing slips or acknowledgments that were attached to the inquiry. Do not forward copies of records, separation documents, or statements of service. Enter on NCP copy the same memo for record information, if any, that is entered on record copy.g. Control Card. A copy of NA Form 13015, Control Card, is attached to NCP copy of reply. A significant difference in date on request and date on reply is accounted for in the reply, since delay must be explained to the congressional office. All actions taken on the case are noted on Control Card. The notation of any phone call made outside NPRC must also include the name of the person contacted and the name of the organization, plus the phone number. Cover any unusual aspects of the case, reason for certain action, delays, etc., on Control Card. Unusual circumstances which cannot be explained on Control Card are documented in a memo for record.(2) Copies for Office of the Chief of Legislative Liaison (Army). DO NOT routinely send copies of replies to OCLL, even though their OSA Forms 16 or 152, Transmittal Slips, indicate that one should be sent. Only those copies outlined in fig. 2 are made. Separate branch or section reading files are not maintained.
h. Composed replies. When a final response is made, include:
(1) Date of receipt. The date request is received in this Center is always indicated, even if there is only a one-day difference between date on letter and date of receipt. Wording such as "This is in response to your inquiry of December 2, 1989, on behalf of ________________________, which was received in this Center on December 5, 1989" may be used.i. Closing. If a letter format is used in the reply, any of the following statements are correct: "We hope this information will be helpful to ..." or "We regret that our response could not be more positive." Avoid overly patronizing and conciliatory statements to Senators and Representatives.(2) Inquiries referred to NPRC from the departments of the Army, Navy, Air Force, etc. If request is referred to this Center, it should be indicated, including date of congressional inquiry and date received in NPRC. Use wording such as "Your inquiry dated _____________, which was referred to us by the (Army, Navy, etc.) and was received in this Center on date ."
j. Letter from constituent enclosed. If congressional office encloses a letter from a constituent, IT MUST ALWAYS BE RETURNED WITH THE REPLY, except when reply is merely to indicate that the inquiry has been referred elsewhere for action. In such a case the constituent's request is forwarded to the action office, along with the inquiry from the congressional office. Do not mention constituent's letter in reply to the congressional office.
6. Information requested is under jurisdiction of NPRC Civilian Personnel Records (CPR). If a request is received involving records which are known to be at CPR, forward the inquiry to CPR using NA Form 13104, Multiple Purpose Correspondence Form. Do not send a referral letter to the congressional office; send an NA Form 13053, National Personnel Records Center Acknowledgment/Referral instead. Check the first block and write in "As soon as possible." Stamp the NA Form 13104 in red with the congressional rubber stamp.
7. Congressional inquiries involving records in the National Archives. If a congressional inquiry is received involving records which are known to be in the Office of National Archives, send the inquiry to the National Archives. Notify the congressional office of the referral using the appropriate referral letter from the Pattern Paragraph/Letter Catalog for SIS Technicians. Use NA Form 13051, Transmittal, to refer the request as follows:
Textual Reference DivisionHowever, if the request involves military service awards for veterans who served in the Army prior to World War I, refer the request to the following address:
Military Reference Branch (NNRM)
National Archives and Records Administration
Washington, DC 20408
Commander
U.S. Total Army Personnel Command
Military Awards Branch
Attn: TAPC:PDA
200 Stovall Street
Alexandria, VA 22332-0471
8. Congressional inquiries
involving medical records that have been sent to the VA. Refer
congressional inquiries involving medical records that have been sent to
VA direct to VA office having claims folder or suggest constituent contact
VA directly. Furnish the veterans claim number. If request is in the form
of a complaint, consider recalling medical record from the VA. If in doubt
as to what VA office has the records, use NA Form 13098, NPRC Routing Slip,
to request a BIRLS probe. State on form that inquiry involves congressional
interest. Hand-carry the form to Incoming Mail Unit #2 and ask for a "Fast
Response" BIRLS check.
9. Referral of congressional inquiries.
a. Notifying congressional office of referral. When a congressional inquiry must be referred to another agency for reply, the congressional office is notified by mail of the referral. However, if a particular urgency is indicated by the congressional inquiry, the congressional office is notified by telephone of the referral of the inquiry. It is not necessary to follow up a telephone notice of referral with a written notice unless asked to do so by the congressional office. The telephone call is noted on NA Form 13015, Control Card.
The Pattern Paragraph/Letter Catalog for SIS Technicians contains referral letters for most offices to which a request must be referred. A copy of the letter may be used as a transmittal to the agency to which the inquiry is referred. Also, use a copy of the letter to notify the congressional office of the referral.
b. Loan or transfer of the record. When referral of a congressional request involves loan or transfer of a record (such as in the case of controversial matters which are referred to the branch of service involved), NA Form 13008, Loan or Transfer of Records, is used to transmit record and request to the answering agency. Notify the congressional office of the referral by sending the appropriate referral letter from the Pattern Paragraph/Letter Catalog for SIS Technicians.
c. Transmittal
of request to answering agency. When record necessary to answer
a congressional request is not located at NPRC, refer the request to appropriate
agency for reply. Occasionally it may be necessary to telephone the office
to which the inquiry is being referred to make sure the necessary record
is available. NA Form 13051, Transmittal, NA Form 13098, NPRC(MPR) Routing
Slip, or a copy of the referral letter may be used to transmit request
to appropriate agency for reply. Notify Member of Congress of referral
by sending a copy of the referral letter to the congressional office.
|
Figure 2: Guide
to number of copies to prepare for congressionals (when using forms or
composed correspondence)
Request received from Washington, DC office. |
Reply to office. |
Prepare original and 1 copy as follows: Original: To Washington, DC office (formal letterhead). Copy: To military record *. |
Reply direct to constituent. |
Prepare original and 2 copies as follows: Original: To constituent (formal letterhead). Copy 1: To Washington, DC office. Copy 2: To military record *. |
|
Request received from home office |
Reply to office. |
Prepare original
and 1 copy: Original: To home office (formal letterhead) for constituent. Copy: To military record *. |
Reply direct to constituent. |
Prepare original and 2 copies as follows: Original: To constituent (formal letterhead). Copy 1: To home office. Copy 2: To military record *. |
|
*In Navy and
Marine Corps cases in which information is extracted from both personnel
and medical folders, prepare an extra copy. File a copy in both personnel
and medical folders.
NOTE: If the military record is not
required, file the copy in the transitory file. |