NATIONAL ARCHIVES AND
National Personnel Records Center
St.
NPRC
1865.16C
February 11, 2002
SUBJECT: Release and access guide for
military personnel and related records at NPRC
1. Purpose. This memorandum issues a revised
release and access guide for military personnel, medical and related records at
NPRC. This guide has been developed with the assistance of the Department
of Defense, the military service departments, and the United States Coast
Guard. The office of the General Counsel (DoD), the Defense Privacy
Board, and the Department of Defense have found the guide to be
acceptable. The guide is transmitted as an attachment hereto.
2. Cancellation. NPRC 1865.16B is canceled.
3. Reason for revision. This memorandum was
revised to (1) update references to other NPRC directives; (2) incorporate all
current changes; (3) clarify and update DOD release policies; (4) update
references to NPRC organizations; and (5) update outside agency addresses.
4. Relation to other directives. Detailed
procedural instructions on most categories of inquiries listed in this guide
are covered in other Center directives. Using the guide in conjunction
with the instructions should provide adequate guidance in the majority of
situations encountered. The guide will be of particular value in dealing
with the requests that have not been covered specifically in the directives
system. Any question regarding the release of information should be referred
to the Management Systems Staff (NRPS) through supervisory channels.
(NOTE: In any case where the guide is noted to be at variance with
another publication, notify NRPS.)
5. Forms. This memorandum makes use of the
following forms.
DD Form 214, Report of Separation from
Active Duty
R. L. HINDMAN
Director
NATIONAL ARCHIVES AND
National Personnel Records Center
St.
NPRC
1865.16C CHGE 1
November 21, 2003
SUBJECT: Release and access guide for
military personnel and related records at NPRC
1. Purpose. This memorandum transmits a page
change to NPRC 1865.16C.
2. Explanation of changes. Part 1 has been
updated to reflect new addresses for referring requests to:
a.
Active Air Force recruiters and Air Force Reserve recruiters.
b.
Active Navy recruiters and Navy Reserve recruiters.
3.
Instructions.
Remove pp. 3/4 of Part 1 and insert the revised pp.
R. L. HINDMAN
Director
RELEASE AND ACCESS GUIDE FOR MILITARY
PERSONNEL AND RELATED
RECORDS AT THE
TABLE OF CONTENTS
RELEASE
AND ACCESS GUIDE FOR MILITARY PERSONNEL AND RELATED
RECORDS AT THE
1. General. This guide sets forth procedural policies for the release of
military personnel and medical records information in response to the recurring
types of inquiries received by the
2. Because of the many varieties of ways in which inquiries
are written and the many special circumstances that may surround a case, these
release policies cannot always be applied literally. Individual
consideration must come to bear when there is reason to believe or suspect
an inquiry may involve some peculiar condition not immediately evident in the
stated purpose.
3. While it is impossible to enumerate all the various
special circumstances that may be encountered, the ones most likely to occur
are set forth in paragraphs 6 and 8 of this introduction. This method is
used since it would be impractical to incorporate them through-out the various
parts of the guide. This means, of course, that users must thoroughly
familiarize themselves with this introduction and commit to memory the special
circumstances set forth herein. These special conditions may apply even
to the seemingly simplest case. Careful analysis and good judgment in the
handling of each inquiry are therefore mandatory.
4. In unusual or "borderline" situations where
the case is not covered or where the guide does not fit the specific
circumstances involved the appropriate directives of the Department of Defense
or of the military services should be consulted for guidance.
5. The disposition of each request arising under the
guide must conform to the legal requirements of the Freedom of Information Act
(5 U.S.C. 552), the Privacy Act (5 U.S.C. 552a), and the implementing
regulations of the Department of Defense and the military departments. If
there is apparent conflict between the guide and the Acts and implementing
regulations, the Acts and regulations shall prevail.
6. Definitions. Following are some special terms as used in
this guide.
a.
Access
to records. The
inspection of records in NPRC custody, whether in person or by mail, including
photocopies of records and the disclosure of information.
b.
Armed
force. Any of the
following: Air Force, Army, Coast Guard, Marine Corps, or Navy.
"Armed Forces" means the foregoing collectively.
c.
Consent. Written authorization to comply with a request
from the individual concerned; the next of kin when such individual is
deceased; the individual's legal representative officially designated in
writing, or legal guardian when the individual has been declared
incompetent. If the Member of Congress or a member of his/her staff
implies, either in writing or verbally, that he/she has the veteran's consent,
this also constitutes consent.
d.
Next
of kin. The next of
kin is defined as any of the following: widow or widower, son, daughter,
father, mother, brother, or sister, Please note that "widow" or
"widower" is defined as a woman (or man) who has lost her husband (or
wife) by death and has not married again. See paragraph 12a below for
special requirements for Army medals.
1. Specific offices of the Armed Forces to contact when
coordination is required.
Throughout this guide mention is made of certain conditions under which a
request must be coordinated with or forwarded for action to the armed force
whose records are concerned. The specific offices with which these
matters should be coordinated or to which inquiries would be forwarded are:
a.
Air
Force. Headquarters,
AFPC, 550 C Street West, Suite 19, Randolph AFB, TX 78150-4721.
(Questions relating to reserve duty are directed to Headquarters,
b.
Army. Commander,
c.
Coast
Guard.
d.
Marine
Corps or Navy medical records.
Naval Personnel Command, Retired Records Section, PERS 313E, Room 5409, NPRC.
e.
Marine
Corps personnel records.
f.
Navy personnel
records. Naval
Personnel Command, Retired Records Section, PERS 313E, Room 5409, NPRC.
1. Freedom of Information Act and amendments thereto.
a.
Original
act. The Freedom of
Information Act (P.L. 90-23, June 5, 1967) had little effect on release procedures
at NPRC because it specifically excluded from its provisions personnel and
medical files and similar files the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy.
32 CFR 286, 32 CFR
286a, and Defense Privacy Board decisions list items of information pertaining
to military personnel which normally may be released WITHOUT an unwarranted
invasion of privacy:
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If requested, the above
items normally may be released without the veteran's consent. For deceased
service personnel, the following items also may generally be released:
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It also should be
noted that although the Privacy Act, as interpreted by the OMB Guidelines of
July 9, 1975, does not protect the records of deceased individuals from
disclosure, the Freedom of Information Act authorizes the withholding of some data
to protect the privacy of the next of kin.
Although the
Freedom of Information Act provides for the above items to be released without
the veteran's consent, it is important to remember that if there is reason to
suspect an unethical or improper use on the part of the requester, the request
should be forwarded to the appropriate official of the Armed Forces concerned.
NPRC Memorandum 1864.102 also offers definitive guidelines and
instructions on the Privacy and Freedom of Information Acts. See also
NPRC 1864.113 for FOIA processing guidelines.
b.
Amendments. As with the original Act, the 1974 amendments
to the Freedom of Information Act (P.L. 93-502, November 21, 1974) had little
impact on NPRC's release policies. They did, however, require certain
special procedures, including (1) a determination and acknowledgment within 20
working days of receipt of request as to whether or not the requested
information could be furnished, and (2) an annual statistical report on
requests made under the Act.
1. Privacy Act. The Privacy Act of 1974 (P.L. 93-579,
December 31, 1974), effective September 27, 1975, effected a number of new
requirements relating to access by an individual to his own records, and on
disclosures to agencies and to individuals other than the individual named in
the record. Under the Act, agencies were required to publish in the
Federal Register all systems of records maintained on individuals, the
"authorized disclosures" from such records, their "routine
uses," and all records categories that were to be specifically exempt from
the provisions of the Act. Records that may be exempted from the access
provisions of the Privacy Act are outlined in NPRC 1864.102.
This revision of the release guide reflects the changes resulting from the
Privacy Act, the agency notices in the Federal Register, and the implementing
regulations of the Department of Defense, the military departments, the U. S.
Coast Guard, court decisions, and determinations of the Defense Privacy
Board. See NPRC 1864.102 for additional
processing guidelines for Privacy Act requests.
2. Other special types of records requiring special
consideration. In
addition to the categories of records listed in NPRC 1864.102 as
"exempt" from certain provisions of the Privacy Act, the following
categories must also be screened out before access is granted, whether in
person or by mail:
a.
Privacy
of other individuals named in a record. If the record contains information of a
sensitive nature about another individual, that portion may not be made
available when granting access to the veteran or former employee (or their
authorized representatives). To protect the personal privacy of the other
individual(s), an extract or copy will be made, deleting only the personal
information pertaining to the other individual(s).
Prior to September
27, 1975, some components issued single blanket orders or other official
documents concerning such personnel actions as promotions, discharges,
temporary duty orders, permanent change of station orders, etc. Those
documents contained limited amounts of information about each of the
individuals named in them, such as the SSN, home of record, home address, etc.
Nevertheless, disclosure of the documents to the individuals named in them is
not prohibited by the Privacy Act as long as:
i.
The documents
are filed in their official personnel records;
ii.
The documents
previously were furnished to the named individuals; and
iii.
The documents
were created prior to
b.
Medical
information that may adversely affect the individual identified therein. This paragraph refers to medical records that
may contain any of the following:
i.
Records relating
to a mental, psychoneurotic or personality disorder;
ii.
Diagnosis or
implication of sexual deviation;
iii.
Any illness that
carries a uniformly unfavorable prognosis.
When such
information is observed in the record, and if the request cannot be satisfied
without it, consult NPRC 1865.103, Ch 3, pars. 3-7,
which require referral of records with such information to the Air Force, Navy,
Marine Corps and Coast Guard for a determination of releasability. Army records
are not referred and the requester is informed that the records can only be
released to a physician. If the requester contests the offer to release
the records to a physician, refer the records to the Department of the
Army. If NPRC offers to release the type of medical records described in
subpars. B (1) thru (3) to the veteran's personal physician who has the
veteran's authorization, this is not considered to be a denial of
records. In effect, NPRC is offering to make the records available to the
veteran through the personal physician.
c.
Information
compiled in anticipation of civil action. An individual may not be granted access to
any information compiled in reasonable anticipation of a civil action or
proceeding. This information includes but is not limited to attorney work
products. A "civil proceeding" may be defined as quasi-judicial
and preliminary judicial steps occurring prior to actual litigation.
NOTE: NPRC employees reasonably may expect to find few instances of such
records included in military personnel and medical records processed at this
Center. When such information is discovered, the request and record are
referred to the supervisor.
d.
Information
furnished by others under express or implied promise of confidentiality. If the record contains material which would
reveal the identity of a source who furnished information to the Government
under an express promise that the identity of the source would be held in
confidence, or prior to September 27, 1975, and under an IMPLIED promise that
the identity of the source would be held in confidence, the request will be
forwarded to the Armed Force concerned.
3. Confidentiality of Drug and/or Alcohol Abuse Patient
Treatment Records.
The screening of records for drug and/or alcohol abuse patient treatment
material is covered in NPRC 1865.103 and NPRC 1864.108.
4. Special conditions that may require deviation from
stated policies. The
following special conditions should be looked for when replying to any
inquiry. When these conditions exist, the action indicated should be
taken:
a.
Third
party requests that do not state a purpose other than those covered in subpar. 4a, above. Return, asking for the purpose of the request. This does
not apply to requests from Federal agents to review files if the agency has
been listed as a routine user of the records of the Armed Force concerned, or
to any source whose right to the information for any purpose is
established. The veteran himself does not have to state the purpose of
his request insofar as releasability is concerned. Purpose is sometimes
necessary, however, for a clear understanding of what information is
needed. The purpose also need not be stated if the request is for
information releasable under the FOIA.
b.
Inquiries
suspected of being ill intended. Requests which directly or by implication ask disparaging
questions about a veteran or express criticism or mere curiosity of him, or
which contain any kind of threat or other indication of malicious intent, will
be referred through channels to the Core Manager or Branch Chief involved to
determine whether the inquiry should be forwarded to the Armed Force concerned.
c.
General
statement on requests from next of kin, mental institutions, legal guardians
for the mentally incompetent, persons with power of attorney, etc. Requests from these sources are mentioned in
various parts of the guide. Such requests must be carefully checked to
determine if the requester has a legal consent order, or authorization, or
power of attorney. If they do, treat the same as requests from the
veterans themselves as long as the authorization (power of attorney) is within
12 months of the date of the request. It should also be noted that the
power of attorney should be specific enough to mention the disclosure of
records.
d.
Requests
involving controversial issues. These will be forwarded to the Armed Force concerned.
This action is not
considered to be a denial of records. A true denial of records (to the
subject of the records) can only be handled by the legal custodian of the
records system (the appropriate branch of the military service). Should
an appeal to a denial (appropriately made by a branch of military service) be
received in this Center, NPRC employees should bring the inquiry to the
supervisor's attention. The appeal should be referred to the office that
completed the initial denial action. Be sure to inform the requester of
the referral.
NOTE: If the request seeks only items of information
releasable to the general public under FOIA, these may be furnished without the
veteran's signature.
6.
General
policy regarding extent of information to be furnished. Since this guide is designed to show what
information may be furnished in response to the various types of requests, it
usually indicates the maximum that may be released. In actual practice,
however, the rule is to respond to an inquiry only to the extent of the
requested information plus whatever explanation may be necessary to
clarify. Requests that do not state what information is wanted should be
returned for further explanation.
7.
Routine
uses of Department of Defense records at NPRC (MPR). Appendices A-F list
the "routine uses" of Department of Defense and Coast Guard
records. The appendices are provided primarily as background in support
of the basic memorandum and Parts 1 through 5 of the guide. Except when
the guide refers the user of this memorandum to the appendices, NPRC employees
use the guide and the appropriate procedural instructions to process requests
received at the Center. Although there may appear to be some contradictions
between the guide and the appendices, the guide (Parts 1-5)
was developed by NPRC and approved by the Armed Forces and the Defense Privacy
Board as a means to ensure consistency in processing requests for information
from records stored at NPRC. Questions on releasability should be
referred to the Management Systems Staff (NRPS) or the Core Manager.
8.
Requirements
of a complete authorization.
a.
Under the
provisions of the Privacy Act of 1974, we must have the written consent of the
individual whose records are involved before considering a request to review a
record and/or to furnish information/photocopies from the record. If the
individual is a minor dependent of a veteran, the parent or legal guardian must
sign the release. If the person is mentally incompetent, the legal
guardian must sign the release. (The legal representative or guardian
must furnish a copy of the court appointment.) Although the Privacy Act
does not apply to the records of deceased individuals, Department of Defense
instructions indicate that we must have the written consent of the next of kin
(NOK) if the individual is deceased. For purposes of the release
authorization, the next of kin is defined as any of the following: widow
or widower, son, daughter, father, mother, brother, or sister. Please
note that "widow" or "widower" is defined as a woman (or
man) who had lost her husband (or his wife) by death and has not married
again. For Army medals, NOK must follow the following order:
surviving spouse, eldest child, father or mother, eldest brother or sister, or
eldest grandchild (see AR 600-8-22).
b.
All
authorizations must be signed by the subject of the record. If the
subject of the record is unable to write (cursively), a printed signature is
sufficient. If the subject of the record is unable to write or print
his/her name, the authorization (an "X" will be sufficient) must be
witnessed by two adults. If the subject is providing access to a third
party, the witnesses must be other than the third party and the third party's
company/employer. The witnesses must also sign and date the
authorization.
c.
All
authorizations granting a third party (attorney, subject's representative,
company, or agent) the right to review a military personnel or medical record,
or dependent medical record must be dated.
d.
The
authorization remains in effect for one year from the time the subject or
his/her next of kin (if the subject of the record is deceased) signs and dates
the authorization. Do not honor authorizations that are more than one
year old.
e.
The
authorization must specify that the veteran is authorizing the release of
military personnel and/or medical records, or dependent's medical
records. While it is not necessary that the authorization itself name the
recipient, it must be clear that the veteran who signed the authorization
intended whoever had control of the records to release them to the
requester. It is sufficient that another piece of paper (transmittal)
indicates where the copies or information will be sent.
i.
If the
authorization specifies only medical records, personnel records will not be
released and vice versa if the authorization specifies only personnel records.
ii.
We do not honor
vague authorizations that have been passed from one company to another.
The authorization must specify the company whose agent will complete the review
and/or to furnish information/photocopies from the record.
iii.
We do not honor
vague authorizations that do not specify or imply that the subject of the record
realizes that his/her military records will be reviewed and/or photocopied.
f.
As long as there
is nothing in the signed authorization to indicate the veteran's desire to
limit NPRC's response to either photocopies or information, the veteran's
signature will be construed as permission to release record information in the
most convenient form.
g.
An original
request containing the subject's signature or a clear photocopy or carbon copy,
or a signed consent form submitted via facsimile (FAX) machine is acceptable.
h.
If, on the
authorization submitted, it appears that the signature block or any other
portion has been altered in any manner, do not honor the request.
RELEASE OF INFORMATION FROM MILITARY PERSONNEL AND
MEDICAL RECORDS ON FILE AT NPRC(MPR), NARA, ST LOUIS FEDERAL GOVERNMENT
AGENCIES AND REPRESENTATIVE, ROUTINE USES
Part 1
|
SOURCE OF REQUEST |
SUBJECT/PURPOSE |
INFORMATION GIVEN OR DENIED (CONSENT NOT NEEDED UNLESS INDICATED) |
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1.
Occupant Agencies at the |
Access to and review of personnel and/or medical records for official functions of their offices. |
When the Armed Force concerned has agreed
to grant the requesting occupant agency continuing access to records on file
in NPRC and these agencies are listed as routine users, see Appendices A-F, the records are furnished on a loan
basis for use only within NPRC (MPR). Officials of the occupant
agencies are responsible for assuring that the records are used only by
persons that are authorized to use them and in accordance with terms
specified in NPRC 1865.58. If required, the records will be screened in
accordance with NPRC 1864.108. |
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2. Any Federal Military or Civilian Agency (except Occupant Agencies which are covered in 1, above) |
Access to and review of personnel and/or medical records for official functions of their offices. |
Access may be granted at the NPRC (MPR),
or records may be lent--see note of explanation at end of this item--only in
accordance with the routine uses published by the Armed Force concerned (see Appendices A-F). (Note: Records cannot be
lent to agents for removal from the building, except where special arrangements
have been made with the appropriate Core Manager or Branch Chief.) |
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3. Any Armed Force |
a. Data on past military service to compute service for current basic pay purposes. |
Furnish statement of service, showing any lost
time, with character of separation or discharge. |
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b. Data on past military service to determine eligibility for retirement, etc. |
Furnish statement of service, showing any
time lost, and character of separation. Answer questions pertaining to, or
furnish copies of, specified personnel and/or medical records including any
containing unfavorable information. |
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c. Data on past military service to use in current courts martial proceedings, appellate review of courts martial, fraudulent enlistment investigations, proceedings of boards convened to demote or separate member, etc. |
Furnish requested information from or
copies of personnel and/or medical records, certified under authentication
certificate if this is indicated as necessary. See NPRC 1864.107 NOTE: Requests from a recruiter of any military branch for copies of documents or information from the record other than the DD 214 or other separation document must include the written authorization of the veteran. |
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a. Regular Army recruiter b. Army Reserve recruiter |
DD Form 214/separation document requested for a veteran who served in any branch of service. |
Route request to: Army Recruiting Liaison |
NOTE: USARCRO will request
the appropriate record as required: Do not refer the record with the
request. Notify requester of referral by letter. |
|
NOTE: Although not recruiters, the various
States Adjutants General are considered routine uses of Army records.
Requests for DD Form 214 are processed by the cores. See Part
2, Item 5. |
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DD Form 214/separation document for a veteran
who served in any branch of service. |
Route request to: Navy Recruiting Command |
NOTE: Navy Recruiting Liaison
Offices will request the appropriate record as required: Do not refer the
record with the request. Notify requester of the referral by letter. |
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d. Navy Reserve Recruiters |
DD Form 214/separation document for a veteran who served in any branch of service. |
Navy Reserve Recruiting Command |
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e. Active Air Force recruiters |
DD Form 214/separation document for a veteran who served in any branch of service. |
Route request to: USAF Recruiting Liaison
(NPRC) |
NOTE: USAF Recruiting Liaison Offices will
request the appropriate record as required. Do not refer the record
with the request. Notify requester of the referral by letter. |
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f.
Air Force Reserve recruiters |
DD Form 214/separation document for a
veteran who served in any branch of Service. |
HQ AFRC/RSOOV |
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g. Marine Corps recruiters |
DD Form 214/separation document requested
for a veteran who served in the: |
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h. Coast Guard recruiters |
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i. National Guard recruiters (Although technically a request from a
state agency, requests from NG recruiters are listed here to ensure consistency.) |
1. Army |
Written authorization of the veteran
required. Cores process those requests that contain the veteran's
authorization. Those that do not contain the veteran’s authorization
are returned as they lack proper signatory authority. |
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2. Coast Guard |
Written authorization of the veteran
required. Cores process those requests that contain the veteran's
authorization. Those that do not contain the veteran’s authorization
are returned as they lack proper signatory authority. |
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3. Air Force |
The Air Force considers the National Guard
to be a joint service component of DoD, and therefore is a Routine
User. Cores respond to the inquiry. |
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4. Navy |
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5. Marine Corps |
Cores respond to the inquiry. |
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4. Any source in this part |
a. Personnel
and/or medical information for use in determining suitability for employment or
security clearance, eligibility for veterans' preference, eligibility for
airman's certificates, total creditable service for any purpose, and the
like. |
In most cases, review of the
personnel/medical records to assist in determining suitability for employment,
security clearances, etc., will be made by someone who has direct access to
the records, namely, the Military Record Review Unit of the Office of
Personnel Management's Investigative Division, or an authorized investigator
from the employing agency in accordance with a published routine use (see Appendices A-F). However, when requests are
received direct from the agency concerned for those purposes or any other
purpose mentioned in this item, first determine if the requesting agency is a
routine user. If it is not, specific questions concerning
personnel/medical records or information are not answered unless the written
consent of the veteran is furnished. If the requester is a part of DoD
or mentioned as a routine user, the information/records are furnished. |
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b. Personnel
and/or medical information for use in determining status of former employees
who entered the military service and failed to apply for former position. |
Furnish service dates and character of separation.
Answer specific questions such as whether only a short period of active duty
was involved, the remainder of which was reserve; whether all or part of the
service was voluntary or involuntary; whether service was terminated after
hospitalization, and the like, including questions involving unfavorable
information. Furnish any medical information requested. If
veteran is deceased, so state and give date. |
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c. Personnel and/or medical
information for an agency's use in claims or litigation between the agency
and the person whose records are involved. |
Furnish copies of or information from
personnel and/or medical records. Certify under authentication
certificate if indicated as necessary. |
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Verify that the requester is listed as a
routine use of the system of records. See Appendices
A-F. If the agency is not mentioned as a routine use, the address
is not normally releasable unless accompanied by a written authorization from
the veteran. Refer to supervisor for decision any request for address
that indicates compelling and overriding interests such as when the health or
safety of any individual would be affected, or when the purpose is to confer
a benefit on the veteran. |
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5. Office of Personnel Management,
Retirement and Insurance Group |
Data on military service to compute that
which can be used toward Civil Service retirement. |
Furnish service dates, time lost,
character of separation and related information as requested. See NPRC
Memo 1865.46. |
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6. Federal hospitals and
penal/mental/correctional institutions (including military) |
Personnel and/or medical information needed
in treatment or rehabilitation of patients or inmates. |
Verify that the requester is a routine use
(Appendices A-F). If it is, furnish the
requested information from or copies of personnel and/or medical records
including, when specifically requested, information from or copies of
confinement and/or academic records. If the requester is not a routine
use, the information cannot be released without the written authorization of
the veteran. Requests from military hospitals for health records
are answered by (1) lending the record copies of Army and Air Force veterans;
(2) providing copies of the Navy health records to Army and Air Force
medical facilities and the record copies to Navy facilities; and (3)
providing the record copies of all clinical/treatment (organizational)
records to the requesting military facility. See NPRC 1865.103, Chapter 6, for details. |
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7. Federal hospitals and/or medical
research agencies (including military) |
Medical research. |
Furnish information from or copies of
medical records. If volume is great, coordinate with appropriate Armed
Forces as to possibilities of lending files or permitting requester to review
files on these premises. In the event of the veteran's death, the
request may be forwarded to the next of kin (for such action as is deemed
appropriate) is additional information is needed for follow-up purposes. |
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8. Federal Parole Offices (ers) |
Personnel and/or medical information for
use in parole |
If the agency and purpose are listed as a
routine use of the records (see apps. A-F of this
memo), it would not be necessary for the head of the agency to sign the
request or to state the law enforcement activity for which the record is
sought. See NPRC 1865.45. |
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|
9. Federal Probation Offices (ers) |
Personnel and/or medical information for
use in pre-sentence investigations (to assist judges in sentencing convicted
persons). |
If the agency and purpose are listed as a
routine use of the records (see apps. A-F of this
memo), it would not be necessary for the head of the agency to sign the
request or to state the law enforcement activity for which the record is
sought. See 1865.45. |
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10. General Accounting Office |
Personnel information for use in
adjudicating claims and auditing accounts. |
If requested, furnish statement of service
with character of discharge. Furnish answers to specific questions
concerning personnel records, including unfavorable information. |
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|
11. Selective Service System |
Personnel/medical information for use in
determining where-abouts and/or draft classification of registrant, and
related functions. |
Answer specific questions such as dates of
service, character, reason and authority for discharge, and identification
information such as address, date and place of birth. Furnish specific
medical information requested. |
|
|
12. Social Security Administration
of the Department of Health and Human Services |
Personnel and/or medical information for
use in adjudicating claims for social security based on military service. |
Furnish requested personnel and/or medical
information. |
|
|
13. Department of Veterans Affairs
NOTE: See Part 5 for releasing information to the
Office of Servicemen's Group Life Insurance. |
Personnel and/or medical information for use in administering laws pertaining to veteran's benefits or insurance. |
Furnish requested personnel
information. Lend on an indefinite basis record copies of requested
medical records. |
|
|
14. |
Service information to determine
applicant's eligibility for admittance. |
Furnish requested service information. |
|
|
15. Office of Workers' Compensation
Programs (OWCP), |
Medical information for use in
adjudicating claims pertaining to injuries or illness of |
Furnish information from or copies of
requested medical records. |
|
|
16. Members of Congress |
Personnel and/or medical information
requested in behalf of people whose records are concerned; or by the NOK if the
person whose record is involved is a minor dependent of the veteran; or by
the veteran's legally appointed guardian if the veteran has been judicially
declared incompetent. |
Furnish, with the exceptions indicated
below, requested information if Congressman affirmatively indicates the
inquiry is made on the basis of a written request from the individual to whom
the record pertains, or the NOK if that person is deceased, or by the
veteran's legally appointed guardian if the veteran has been judicially declared
incompetent; or by the NOK if the person whose record is involved is a minor
dependent of the veteran. When these conditions are not present,
information can be furnished only if: (1) it would be required to be
disclosed under the Freedom of Information Act--see par. 4
of the text preceding this guide; (2) the Member requests that the response
go directly to the individual whose record is concerned; (3) there are
"compelling circumstances affecting the health or safety of an individual....or
other overriding interests"; or (4) item 17
applies. Otherwise, inform the Congressman of this requirement. EXCEPTIONS
when furnishing information: If medical information is involved which
might prove injurious to the physical or mental health of the person whose
records are involved, inform MC that such information is not furnished to the
person (whose records are involved) but will, upon that person's written
consent, be furnished to his personal physician. If personnel
information is involved which may be deleterious to the Armed Force
concerned, or involves any special legal or other controversial problem
coordinate with the appropriate Armed Force. See 1865.103
for additional information concerning requests involving medical records. |
|
|
17. Either house of Congress, any committee or subcommittee thereof |
a. Either House for any purpose. b. Any committee or subcommittee to
the extent of matter within its jurisdiction. |
Furnish requested information. |
|
|
18. |
Personnel and/or medical information for
use in criminal investigations. |
Furnish requested information from or copies
of personnel and/or medical records if these agencies are listed as a routine
use by the Armed Force concerned (see Appendices A-F)
or if they qualify under subsection (b)(7) of the Privacy Act. |
|
|
19. Justice Department
(Includes U. S. Attorneys, but not "Federal Public
Defenders." See NOTE in column 3.) |
Personnel and/or medical information for
use in civil or criminal action. |
Furnish copies of records certified under
an authentication certificate unless the person whose records are involved
has any type of military status, or the case concerns anyone prominent in the
news, or involves a controversial issue. In those instances, coordinate
with the appropriate Armed Force or refer request and records to the Armed Force,
depending on the circumstances in the case. NOTE: Treat requests
from Federal Public Defenders the same as requests from veteran's
representative. See Part V, items 9f and 9g. |
|
|
20. |
a. Personnel and/or medical
information for use in criminal or civil actions where the |
Coordinate with the appropriate office of
the Armed Force concerned. (See NPRC 1864.107)
EXCEPTION: requests, subpoenas, and court orders from U. S.
Attorney's are processed under Part 1, Item 19, even if
the U. S. is a party. |
|
|
b. Personnel and/or medical
information for use in civil or criminal actions where the |
Upon receipt of a proper court order or
subpoena, furnish copies of records certified under authentication
certificate EXCEPT that when any of the following conditions exist the demand
and records should be referred for action to the Armed Force concerned: a. Records concern anyone with any
type of current military status. (EXCEPTION: Cases involving Navy
medical records only need not be referred if otherwise proper for action by
NPRC.) b. Records concern anyone prominent
in the news. c. A controversial issue is
involved. d. Some information is available
that raises doubt as to the materiality, relevance, or usefulness of the
requested information in the litigation. e. The litigation involves a
CRIMINAL action and the individual whose records are involved is NOT a party
to the action. f. Records concern deceased Air
Force (including Air Arm) personnel, regardless of when death occurred, and
cases involving military aircraft accidents. g. Records are those of retired Air
Force personnel. NOTE: See NPRC 1864.107
for specific direction in determining if the requirements of a proper court
order have been met and for procedures for processing legal demands. |
||
|
21. Quasi-Official agencies, e.g.,
Nat'l. |
Personnel/medical data for use in official
activities. |
Determine if the requester is listed as a
routine use for the system of records. See Appendices
A-F. If so, furnish the personnel/medical data/records. If
the determination is difficult, consult the supervisor. If the
requester is not listed as routine use for the system of records, the data
may not be furnished without the written consent of the veteran, except when
release of home address is compelling or overriding interests under 4d above. See 1865.103 for
additional information concerning requests involving medical records. NOTE: This item refers to
single-name inquiries received through the mail. Special projects are
coordinated with the Armed Force concerned. |
|
RELEASE OF INFORMATION FROM MILITARY PERSONNEL AND MEDICAL
RECORDS ON FILE AT NPRC(MPR), NARA, ST. LOUIS
STATE AND LOCAL GOVERNMENTS
Part 2
|
SOURCE OF REQUEST |
SUBJECT/PURPOSE |
INFORMATION GIVEN OR DENIED (CONSENT NOT NEEDED UNLESS INDICATED) |
|
1. State and local government
offices and agencies such as bonus, health & welfare, and social service
offices; housing authorities; etc. |
a. Personnel (including replacement
of separation or other documents) and/or medical information to assist veteran,
or NOK in case of death, in various ways, 3.g., to obtain benefits or prove
eligibility for them; for burial purposes; identification of deceased; etc. |
Determine if the source is listed as a
routine use for the system of records (see Appendices A-F).
If the requester is listed as a routine use, furnish the requested
information. If it is not, the written consent of the veteran is
required to disclose data not releasable under FOIA. See 1865.103 for additional information concerning
requests involving medical records. See NPRC 1865.51
for instructions regarding replacement documents. See also Part 2, item 3. |
|
Check to determine if the source is listed
as a routine use for the system of records (see Appendices
A-F). If so, furnish requested information. If the requester
is not a routine use and the purpose is to confer a benefit on the veteran or
NOK, release requested information. Otherwise, deny under authority of
32 CFR 286c.12(f)(2). Forward to last known address, if asked to do
so. See NPRC 1865.45. NOTE: If the requesting agency (Federal,
state or local) is seeking the information to facilitate collection of child
support or alimony, release requested information. |
||
|
2. State Soldiers' home |
Service information to determine
applicant's eligibility for admittance. |
Check to determine if the source is listed
as a routine use for the system of records. (See Appendices
A-F). If the requester is listed as a routine user, furnish the
requested information. If it is not, the written consent of the veteran
is required to disclose any data not releasable under the FOIA. |
|
3. State or local
government veterans service officers, counselors, and assistance officers
signing in an individual capacity rather than as the head of an office or
component |
a. Personnel and/or medical
information to assist veteran or NOK in obtaining substantiating evidence for
any purpose, e.g., obtaining benefits, joining organizations, etc. |
Furnish REQUESTED information only to the
extent required by the Freedom of Information ACT--see NPRC 1864.102 for additional instructions. WRITTEN
CONSENT is required for release of any other information, and for release of
replacement copy of separation or other documents. See Part
2, Item 1. |
|
b. Whereabouts information. |
Same as rule 1b. |
|
|
4. State and local government
hospital or health departments, medical directors, etc. |
a. Medical information for use in
current treatment, to prevent spread of contagious disease, etc. |
Determine if the requester is listed as a
routine user for the system of records involved. (See Appendices A-F). If so, furnish the requested
information/records. If the requester is not listed as a routine user, the
information/record may not be furnished without the veteran's consent.
If consent cannot be obtained, the record may be disclosed if there is a
showing of compelling circumstances affecting the health of or safety of the
individual. When records are furnished under compelling circumstances,
a notification of the disclosure must be sent to the last known address of
the individual named in the record. If X-rays are specifically
requested, they may be lent if reproduction facilities are not available. |
|
b. Medical information for research
purposes. |
WITH WRITTEN CONSENT or in accordance with
published routine use (see Appendices A-F), provide
requested information from, copies of, or access at NPRC to the medical
records requested. When consent is not provided and the requester is
not listed as a routine user, records may be released only if there is
advance written assurance that (1) the records will be used solely as a
statistical research or reporting record; (2) the record is to be transferred
in a form that is not individually identifiable (i.e., the identity of the
individual cannot be determined); and (3) the record will not be used to make
a decision about the rights, benefits or entitlements of an individual, the
requested records may be provided. NOTE: Requests of this nature
must usually be negotiated on an individual basis, and, when of considerable
proportions, must have the concurrence of the Armed Force concerned. |
|
|
Service information to determine
acceptability for National Guard, to determine creditable service, and the
like. |
Furnish extra or reproduced copy of
separation document (i.e., DD Form 214 or predecessor form) and/or other
service information as requested. (See note Part
1, item 3.) |
|
|
6. State and local government
offices (including police departments) |
a. Service and/or medical
information to determine suitability for employment. |
WITH WRITTEN CONSENT, furnish any requested
information/records including copy of separation document, summary of medical
information or copy of such summary, and summary of academic training
received in service to include aptitudes, personal and professional
qualifications, efficiency, and related data. Copy of separation
document with SPN/SPD and R code information may not be disclosed without the
specific consent or request of the individual. Without that consent,
furnish copy of separation document with this information deleted. In response
to requests for an evaluation of an applicant, state that this center does
not attempt to express an opinion as to the character and ability of former
military personnel. WITHOUT WRITTEN CONSENT, furnish requested data
only to the extent required by the Freedom of Information Act--see NPRC 1864.102 for additional instructions. |
|
b. Service information to determine
military status of former employees who entered service and failed to apply
for former position. |
If discharged or retired, send request to
last address of record with notification to requester. If veteran is
deceased, furnish fact and date of death. Refer requests on
"status" personnel to the appropriate office of the Armed Force concerned. |
|
|
7. State and local
agencies/offices engaged in law enforcement, to include police departments,
investigative offices, prosecuting attorney's and district attorneys,
coroners, etc. |
Service and/or medical information for a
particular law enforcement activity which must be states in the request. |
Furnish requested information from or
copies of personnel and/or medical records. NOTE: This rule is based on the
provision of the Privacy Act which permits disclosure to state and local law
enforcement agencies and instrumentalities upon WRITTEN REQUEST from the head
of the agency stating the "law enforcement activity for which the record
is sought." The OMB guidelines indicate the head of the agency may
delegate this authority to any official, but not below a section chief.
Although this is not too definitive, it is clear that requests from an
individual (e.g., attorney) who is not acting as the head of a given office
cannot be honored. If the agency and purpose are listed as a
routine use of the records (see Appendices A-F of
this memo), it would not be necessary for the head of the agency to sign the
request or to state the law enforcement activity for which the record is
sought. See 1865.103 for additional information
concerning requests involving medical records. |
|
8. State and local parole officers |
Service and/or medical information for use
in parole investigations. |
Same as item 7. |
|
9. State and local prison/mental/correction-al
institutions |
Service and/or medical information for use
in rehabilitating inmates. |
Same as item 7. |
|
10. State and local probation
officers |
Service and/or medical information for use
in pre-sentence investigations (to assist judges in sentencing convicted
persons). |
Same as item 7. |
|
11. State and local government
missing persons bureaus |
Whereabouts information to locate missing
persons. |
|
|
Service/medical information for use in
State Workmen's Compensation programs. |
Furnish requested information from or
copies of service and medical records. Provide authenticated copies, if
requested. If classified records or records of
deceased Air Force or Army Air Arm personnel are involved, coordinate the
request with the armed forces. |
|
|
13. State attorneys |
Service/medical information for use in
criminal prosecution. |
See item 7. If
request does not meet these requirements, advise of proper procedures. |
|
14. State and county courts |
a. Service/medical information for
use in criminal or civil actions. |
Upon receipt of a proper court order or
subpoena, furnish the court requested copies of personnel and/or medical
records certified under authentication certificate EXCEPT that when any of
the following conditions exist the legal demand and pertinent records should
be referred to the appropriate office of the Armed Force concerned: a. The litigation involves a
CRIMINAL action and the individual whose records are involved is NOT a party
of the action. b. Records concern someone with any
type of current military status. (EXCEPTION: Cases involving Navy
medical records only need not be referred if otherwise proper for action by
NPRC.) c. Records concern anyone prominent
in the news. d. A controversial issue is involved. e. Some information is available that
raises doubt as to the materiality, relevance, or usefulness of the requested
information in the litigation. f. Records concern deceased Air Force
(including Air Army) personnel, regardless of when death occurred, and cases involving
military aircraft accidents. g. Records are those of retired Air
Force personnel. Send copy of transmittal to last known
address of person named in record. NOTE: See NPRC 1864.107
for specific direction in determining if the requirements of a proper court
order have been met and procedures for processing legal demands. |
|
b. Whereabouts information for use
in adoption of illegitimate children when deemed inadvisable to notify member
of adoption proceedings. |
Furnish to court, upon written request,
certificate as to the whereabouts of member during period involved. (A
court order is NOT required.) |
RELEASE OF INFORMATION FROM MILITARY PERSONNEL AND MEDICAL
RECORDS ON FILE AT NPRC(MPR), NARA, ST. LOUIS
FOREIGN GOVERNMENTS, AND NOT-NATIONALS
RESIDING OUTSIDE THE US
Part 3
|
SOURCE OF REQUEST |
SUBJECT/PURPOSE |
INFORMATION GIVEN OR DENIED (CONSENT NOT NEEDED UNLESS INDICATED) |
|
1. Former member of Philippine
Scouts or someone writing in his behalf |
Personnel/and/or medical information for
any purpose other than legal action (Legal action covered elsewhere in this
part). |
Furnish only with the written consent of
the individual whose record is involved or the NOK if the veteran is
deceased. |
|
2. Republic of the |
Personnel information to determine
applicant's qualifications for commission in the Armed Forces of the |
Furnish only with the written consent of the
individual or in accordance with a published routine use for the system of
records. In response to requests for evaluation of an applicant, state
that this office does not attempt to express an opinion as to the character
and ability of former military personnel. |
|
3. Any foreign source (including a
grave adoption committee) caring for the grave of a deceased member of the
U. S. Armed Forces interred in a foreign country. |
For any information regarding the deceased
or his family for any purpose related to the subject referred to in Column 1. |
Refer to appropriate office of the Armed
Force concerned. |
|
4. Any source in
this part alleging paternity and/or non-support |
Address of, or any other information
concerning the person or family of person against whom the allegation is made
or implied. |
If records on file at NPRC, refer the
request to, or coordinate with the appropriate office of the Armed Force
concerned. If referring the request, furnish the individual's present
or last known military status and last known address. |
|
5. Any source in this part |
Same as item 4
above. For overseas military banking facilities, see Part
5, Item 15. |
|
|
b. Address for any purpose other
than as outlined in 3-5a, above. |
Same as item 4 above. |
|
|
Personnel and/or medical records for use
in civil or criminal actions. |
Same as item 4 above. |
RELEASE OF INFORMATION FROM MILITARY PERSONNEL AND
MEDICAL RECORDS ON FILE AT NPRC(MPR),
INDIVIDUALS WHOSE RECORDS ARE INVOLVED
Part 4
|
PURPOSE/SUBJECT OF REQUEST |
INFORMATION GIVEN/DENIED |
|
1. Requests for copies of records NOTE: The granting of access (by
requesting photocopies) may not be conditioned upon any requirement to state
a reason or otherwise justify the need to gain access. |
These requests are answered by furnishing
copies of whatever records are requested, except for the special types of
records described in par. 6 of the text preceding this
guide. NOTE: If request indicates records are wanted to
substantiate a claim against the Federal government, consult with the Armed
Force concerned before complying. |
|
2. Requests for replacement of
separation document, Discharge Certificate or Certificate of Service |
a. Member discharged honorably or
under honorable conditions. Furnish copy of separation document (i.e.,
DD Form 214 or predecessor form). See NPRC 1865.51
for procedural details. If document is not on file or not legible,
furnish Certification of Military Service and/or statement of service, as
appropriate. |
|
b. Member discharged under less
than honorable conditions. Furnish copy of separation document
(i.e., DD Form 214 or predecessor form). See NPRC 1865.51
for procedural details. If requester insists on a replacement for the
discharge certificate, inform requester that the law provides for furnishing
such replacements only for persons who were discharged honorably or under
honorable conditions. |
|
|
3. Requests for information from or copies
of medical records (excludes legal action and State Workmen's Compensation
cases covered elsewhere in this part) |
Furnish, except information related to
diagnosis of or treatment for mental condition that, if furnished, might
prove injurious to his/her physical or mental health. See subpar.
6b of the text preceding this guide. If request is for x-rays,
member may authorize their loan to a personal physician. See 1865.103 for additional information concerning
requests involving medical records. |
|
4. Requests for a Soldiers and
Sailors Civil Relief Act Certificate |
Army: Refer request to
ARPERSCOM. All others: Return to requester advising that
these certificates are issued only by the armed force concerned. Give
complete address and office designation. |
|
5. Requests for information/copies
of records for use in State Workmen's Compensation proceedings |
Furnish requested photocopies or
information, except medical records relating to a mental or physical
condition that might prove injurious to the veteran's physical or mental
health. See subpar. 6b of the text preceding this
guide. See NPRC 1865.103 for additional
information concerning requests involving medical records. NOTE: If the request is from the
State Workmen's Compensation Office and contains the veteran's authorization,
see Part 2, item 12, of this guide. |
|
6. Requests for information from or
copies of personnel and/or medical records for use in civil or criminal
action cases where |
Coordinate with appropriate office of the
armed force concerned. See NPRC 1864.107. |
|
7. Requests for information from or
copies of personnel and/or medical records for use in civil or criminal
action cases where |
Furnish requested information from or deleted
photocopies of personnel and/or medical records except when any of the
following conditions exist: a. Medical records related to
diagnosis of or treatment for mental or physical condition which if
furnished, might prove injurious to veteran's mental or physical
health. See subpar. 6b of text preceding this
guide. See NPRC 1865.103 for additional
information concerning requests involving medical records. b. Requester has some type of
current military status. In these cases, refer request and records to
or coordinate request with the armed force concerned. |
|
8. Requests for access to a review of
member's own personnel/medical records for any purpose |
Access may be granted in a room occupied by
designated representatives of NPRC. The record must first be screened
for any of the special types of records described in par. 6
of the text preceding this guide, and in NPRC 1864.102.
The action indicated therein must be taken. See 1864.108
for procedures concerning screening of military personnel and medical
records. NOTE: The veteran must be made aware
that records have been removed and advised that we can furnish medical
records to his physician. If he insists on seeing the medical and
personnel documents, coordinate with the appropriate Armed Force or refer the
person to the Armed Force, whichever is more suitable. NOTE: The granting of access may not
be conditioned upon any requirement to state a reason or otherwise justify
the need to gain access. NOTE: If the individual wishes to be
accompanied by another person of his choosing, in accordance with the Privacy
Act, he should furnish a written statement authorizing discussion of the
records in the presence of the accompanying person. This statement will
be filed in the record. |
RELEASE OF INFORMATION FROM MILITARY PERSONNEL AND
MEDICAL RECORDS ON FILE AT NPRC(MPR), NARA, ST. LOUIS
PRIVATE ASSOCIATIONS, BUSINESSES,
ORGANIZATIONS, INDIVIDUALS (Other than veteran), GENERAL PUBLIC
Part 5
|
SOURCE OF REQUEST |
SUBJECT/PURPOSE |
INFORMATION GIVEN OR DENIED (CONSENT NOT NEEDED UNLESS INDICATED) |
|
Replacement or copy of Report or
Separation. Discharge Certificate or Certificate of Service. |
WRITTEN CONSENT required. Furnish
copy of separation document (i.e., DD Form 214 or predecessor form). If
copy is not on file or not legible, furnish Certification of Military
Service, NA Form 13038, or statement of service, as appropriate. See
NPRC 1865.51 for procedural details. |
|
|
2. Deceased veteran's unremarried
spouse |
Replacement or copy of Report of
Separation, Discharge Certificate or Certificate of Service for any purpose. |
a. Member
discharged honorably or under honorable conditions. See Part 5, Item 1. Refer to NPRC 1865.51
for procedural details. b. Member discharged
under less than honorable conditions. See Part 5,
Item 1. Refer to NPRC 1865.51 for
procedural details. |
|
3. Deceased veteran's NOK, other
than spouse |
Replacement or copy of Report of
Separation, Discharge Certificate or Certificate of Service. |
If request appears justified, furnish copy
of Report of Separation. If report not on file or not legible, furnish
Certification of Military Service. If requester insists on a
replacement for the Discharge Certificate, inform him that the law provides
for furnishing such replacements only to the former member of his surviving
spouse. In reply, also consider 2a and 2b above. |
|
4. Veteran's NOK |
Furnish copies of medical records, as
requested, on receipt of -- (1) WRITTEN CONSENT of member, or (2) Written request of legal
guardian, if member has been adjudged incapable of governing his own affairs
for reasons of physical or mental illness (need court order proving
incapacity and appointment as guardian) or written request of next of kin if
member is deceased. (Need proof of death and satisfactory evidence of
kinship unless facts are self-evident from veteran's record and/or material
provided by requester.) Records on a living veteran that contain
information that may be harmful to the veteran may be released only to the
veteran's designated physician. See NPRC 1865.103
for additional information. (NOTE: Refer Navy medical records to
the Navy Medical Records Liaison Officer for determination.) EXCEPTION: When records concern
anyone with any type of current military status or anyone prominent in the news,
a controversial issue is involved, or some information is available that
raises a doubt as to the materiality, relevance, or usefulness of the desired
information in the legal action, refer request to the Armed Force concerned. |
|
|
b. Personnel/medical
records for use in civil or criminal action where the |
Furnish information from, or copies of
personnel and/or medical records on receipt of -- (1) WRITTEN CONSENT of member, or (2) Written request of legal
guardian, if member has been adjudged incapable of governing his own affairs,
for reasons of physical or mental illness (need court order proving
incapacity), or is deceased. (Need proof of death and satisfactory evidence
of kinship unless facts are self-evident from veteran's record and/or
material provided by requester.) Records on a living veteran that contain
information that may be harmful to the veteran may be released only to the
veteran's designated physician. See NPRC 1865.103
for additional information. |
|
|
c. Personnel/medical records for use
in criminal actions or civil actions where |
Coordinate with appropriate Armed Force. |
|
|
d. Facts and
circumstances surrounding death in service requested for any purpose. |
Forward, together with pertinent records,
to the appropriate office of the Armed Force concerned. |
|
|
e. Whereabouts information. |
Do not furnish address. Cite 32 CFR
286c.12(f)(2) as authority. Forward request to last known address and inform
requester. See NPRC 1865.49 for additional
instructions. |
|
|
5. Deceased veteran's relatives
other than NOK or spouse |
Replacement or copy of Report of
Separation, Discharge Certificate or Certificate of Service. |
Explain who is eligible under the law to
receive such replacements. Service dates may be furnished if this would
appear to satisfy requester. If second request is received insisting on
document(s), and if another reply by NPRC seems inappropriate, refer request
to or seek advice from the Armed Force concerned. |
|
6. Living veteran's family, other
than spouse |
Placement or copy of Report of Separation,
Discharge Certificate or Certificate of Service. |
Deny, explaining that these documents may only
be furnished to the discharged person or with written consent of discharged
person in cases of this kind. |
|
7. Veteran's relatives other than
NOK |
Medical records for any purpose. |
Furnish information or copies, WITH WRITTEN
CONSENT of member; if deceased, the legal NOK; or if incompetent, the court
appointed guardian. Records on a living veteran that contain
information that may be harmful to the veteran may be released only to the
veteran's designated physician. See NPRC 1865.103
for additional information. |
|
8. Divorced spouse
whether or not remarried); and deserted or separated without divorce) spouse
or cohabitant |
a. Whereabouts |
a. Furnish the last known address,
if the requester indicates child support, alimony, or other legal claim is
the reason for requesting whereabouts. If the reason is not clear,
return inquiry using NA Form 13062 (check seventh block). |
|
b. Other |
b. Furnish other REQUESTED information
only to the extent required under FOIA--see NPRC 1864.102. |
|
|
9. Veteran's representative |
a. Access to and review of veteran's
personnel and/or medical records for any purpose. |
Upon receipt of veteran's WRITTEN CONSENT
specifically designating the representative to be given such access and
perform such review, access may be granted in a room occupied by designated
representatives of NPRC after any of the records described in paragraph
6 of the text preceding this guide and in NPRC 1864.102
have been removed. This includes access and review upon authorization
of a legal guardian appointed for an incompetent member or veteran. See
NPRC 1864.108 for procedures concerning screening
of military personnel and medical records. NOTE: This authority is not to be
extended to include requests from deceased member's NOK or relatives, or
their representatives. |
|
b. Copies of records for use in
discharge upgrading work. |
WITH WRITTEN CONSENT, furnish requested
records. This includes requests for copies of "complete"
records. Medical records on a living veteran that contain information that
may be harmful to the veteran may be released only to the veteran's
designated physician. See NPRC 1865.103 for
additional information. |
|
|
c. Replacement or copy of Report of
Separation, Discharge Certificate or Certificate of Service. |
Procedure same as Part 5,
item 1. |
|
|
d. Medical records (legal action
requests from this source covered elsewhere in this part). |
Procedure same as Part 5,
item 4a. |
|
|
e. Personnel/medical records for use
in State Workmen's Compensation proceedings. |
Furnish copies of personnel and/or medical
records (copies should be authenticated, if specifically requested) on
receipt of -- (1) WRITTEN CONSENT of member, or (2) Written request of next of kin,
if member has been adjudged incapable of governing his own affairs, for
reasons of physical or mental illness (need court order proving incapacity
and appointment as guardian), or is deceased (need proof of death and kinship). Records on a living veteran that contain
information that may be harmful to the veteran may be released only to the
veteran's designated physician. See NPRC 1865.103
for additional information. |
|
|
f.
Personnel/medical information for use in civil or criminal action where the |
Procedure same as part 5,
item 4b. |
|
|
g. Personnel/medical records for use
in criminal actions or civil actions where |
Coordinate with appropriate Armed Force. |
|
|
10. Veteran's friends, fiancées,
etc. |
a. Medical records for personal
reasons. |
Procedure same as part 5,
item 4a. |
|
b. Whereabouts information to contact
veteran to renew friendships, to plan reunions, etc. |
Deny, citing 32 CFR 286c.12(f)(2) as the
authority. The Center does not provide a forwarding service on requests
of this nature. If paternity or nonsupport is involved, see item 26j. On requests for rosters, see item 28. See NPRC 1865.49
for additional information. Some requests may be referred to the VA. |
|
|
c. Whereabouts
information to seek affidavits to support claims for veterans benefits |
Forwarding requests to last known address
of the subject of the inquiry and inform requester that this action was
taken. See NPRC 1865.49 for additional
instructions. |
|
|
11. Churches, clubs, lodges,
societies, associations, etc. |
Whereabouts information to contact its
members who entered the military service. |
Deny, citing 32 CFR 286c.12(f)(2) as the
authority. See also NPRC 1865.49. |
|
12. Welfare, relief, and disaster
assistance societies or organizations, not listed as a routine use |
Service information to assist member or
dependents. |
Furnish only with the WRITTEN CONSENT of
the veteran, or if deceased, his next of kin. In other cases, furnish only
the items of information authorized by FOIA unless compelling circumstances
affecting the health or safety of an individual can be demonstrated and the
individual is notified of such disclosures at his or her last known address. |
|
13. Physicians, medical research or
scientific organizations |
Medical information for use in medical
research. |
Same as item 4b, part 2. |
|
14. Physicians, hospitals,
rehabilitation centers, etc. |
Medical records for use in current treatment
or expected treatment. |
Same as item 4a, part 2. |
|
Proof of death to cash bonds, collect
insurance principals, settle estates, etc. |
Furnish requested information only
to the extent required by the Freedom of Information Act--see NPRC 1864.102 for additional instructions. Furnish
additional requested information only with the WRITTEN CONSENT of the next of
kin. |
|
|
16. Credit agencies or creditors
(e.g., banks, loan co's., credit offices of commercial concerns, credit card
co's., etc.) |
Verification of military service date to
establish an account. |
WITH WRITTEN CONSENT, furnish all
available requested data. Furnish other requested information
only to the extent required by the Freedom of Information Act--see NPRC 1864.102 for additional instructions.
Evaluations of personal characteristics, including pay habits if known, are
NEVER furnished. Refer inquiries on current status personnel, i.e.,
retired, reserve, active, etc., to the appropriate office of the Armed Force
concerned. |
|
17. Collection/credit agencies,
banks, loan copies, overseas military banking facilities, etc. |
Whereabouts information to contact
members, NOK, or emergency addresses to collect debts. |
Deny, citing 32 CFR 286c.12(f)(2) as
authority. An offer of forwarding service is made on requests of this
type. See NPRC 1865.49 for details of forwarding
service. NOTE: Overseas Military Banking facilities are routine
users (see Appendix A) and may receive the last known
address of the veteran without the veteran's written consent under certain
circumstances. |
|
18. Employers, former |
Military Status of former employees who
entered service but did not apply for position formerly held. |
If completely discharged, or retired, send
request to last address of record with notification to requester. If
veteran is deceased, furnish fact and date of death. Refer requests on
"Status" personnel to the appropriate office of the Armed Force
concerned. |
|
19. Employers, prospective |
Service and/or medical information to determine
suitability for employment (includes Sea Service Transcripts). |
WITH WRITTEN CONSENT, provide deleted DD
Form 214 or predecessor form unless the veteran's authorization specifies
that an undeleted copy is requested. See NPRC 1865.51.
If written consent not furnished, inform requester to obtain the use member's
separation documents. If requester states member not in possession of
separation documents, inform him to advise member to write for
replacement. If requester presents separation documents that appear to
have been altered, forged, etc., or states that such a document has been
supplied, refer request and records to the appropriate office of the Armed
Force concerned. WITH MEMBER'S WRITTEN CONSENT, furnish
additional pertinent information not shown on separation document, including
such information as (1) summary of medical information or copy of such
summary in file, (2) summary of academic training received in service to
include aptitudes and aptitude test scores, personal and professional
qualifications (including member's occupational specialty), efficiency and
related data and (3) Transcript of Sea Service. Respond to requests for
evaluation of an applicant by stating that this office does not attempt to
express an opinion as to the character and ability of former military
personnel. Records on a living veteran that contain information that
may be harmful to the veteran may be released only to the veteran's
designated physician. See NPRC 1865.103 for
additional information. |
|
20. Insurance companies |
a. Medical records to use in
adjudicating claims. |
Furnish copies of summaries or medical
record requested only upon receipt of WRITTEN CONSENT of individual
concerned, his designated legal representative or, if deceased, his
NOK. See NPRC 1865.103. |
|
b. Medical records for use in
determining eligibility for insurance. |
Furnish copies WITH WRITTEN CONSENT of individual
concerned (furnish minimum summary, or copy of summary, if necessary).
See NPRC 1865.103. |
|
|
c. Information needed in connection
with payment of principal on insurance policies. |
Office of Servicemen's Group Life
Insurance. Furnish requested
information. All Other Insurance Companies. If on file, furnish extra copy of Report of
Death or Casualty Report except when the cause of death is derogatory.
If cause of death is derogatory, furnish only date and place of death, on
appropriate form. If extra copy of report not on file, furnish, on an
appropriate form, date and place of death, but include cause of death only if
it is not derogatory to deceased. With WRITTEN CONSENT of NOK, furnish
other requested details, except as indicated in (1) and (2), below. (1) Deny information regarding LOD
or misconduct. (2) Deny information regarding
manner of contracting disease derogatory to decedent. If, however, requested details have
already been released to NOK, advise insurance company in general terms,
stating date released, and suggest insurance company solicit information from
NOK. NOTE: These provisions are not intended to preclude release
in response to a proper court order. |
|
|
21. Employer's insurance carrier or
its attorney |
Personnel/medical records for use in State
Workmen's Compensation proceedings |
Furnish with WRITTEN CONSENT of member or
his designated legal guardian or representative, copies of requested
personnel and/or medical records. If specifically requested, copies
should be authenticated. If doubt exists as to validity of
authorization, furnish copies to member for release at his discretion, and
advise requester accordingly. See NPRC 1865.103
for additional information concerning requests involving medical records. |
|
22. Insurance companies and other
commercial concerns other than those shown in item 17 |
a. Whereabouts information to
solicit policy renewals, or other type sales. |
Deny, citing 32 CFR 286c.12(f)(2) as
authority. The Center does not offer to forward requests of this nature
to the last known address. |
|
b. Whereabouts information to make
refunds, pays dividends, etc. |
Forward request to last known address and
inform requester. If member is deceased, forward request to emergency
address of NOK and advise requester. See NPRC 1865.49
for additional instructions. |
|
|
23. Undertakers, private cemeteries,
etc. |
Identification of and verification of service
of veteran, for rendering honors, assistance in obtaining benefits, etc. in
connection with burials. |
Furnish WITH WRITTEN CONSENT OF NOK dates
of service and character of separation. A list of decorations will be
furnished if specifically requested. If NOK cannot be located, i.e., consent
cannot be obtained, furnish branch and dates of service. Coordinate
with Armed Force when requester insists upon verification of character of
service. |
|
24. Veteran and NOK
organizations/Associations |
Personnel/medical information to determine
eligibility for membership, for burial honors or memorial services, or to
assist veteran to obtain benefits. |
(1) To determine eligibility for
membership. (a) Veterans and patriotic
organizations. If statement is received that the separation
document cannot be obtained, furnish the information requested to the
individual concerned. Furnish to the organization only upon receipt of
WRITTEN CONSENT of veteran. (b) Surviving NOK organizations.
Furnish requested information if death was in line of duty. If death
was not in line of duty or was due to misconduct, furnish only upon receipt
of WRITTEN CONSENT of NOK. (2) For burial honors or memorial
services. Furnish requested service information only WITH WRITTEN
CONSENT of NOK. (3) To assist veteran or NOK to
obtain benefits. Furnish requested personnel and/or medical records
WITH CONSENT OF VETERAN, or, if deceased, next of kin. Medical records
on a living veteran that contain information that may be harmful to the veteran
may be released only to the veteran's designated physician. See NPRC 1865.103 for additional information. If consent is not obtained, furnish
requested information only to the extent required by the Freedom of Information
Act--see NPRC 1864.102 for additional
instructions. IMPORTANT: This does not include
requests for medals or decorations, as these items must be requested by and
can only be furnished to the person entitled to them. See item in this
part pertaining specifically to decorations and/or medals. |
|
25. Public information media
(Publishers, radio, TV, etc.) |
Any type of military record information
requested for any purpose. |
All requests from the news media are to be
routed to a core manager (IAW NRPC 1804.1).
This includes requests received from newspapers, magazines, radio and
television stations, and news services such as UPI and AP. Be alert for
requests from individuals indicating that the information requested is to be
used in articles for the news media. NRPM will determine the
appropriate sections to answer the request. Furnish requested information only
to the extent required by the Freedom of Information Act--see NPRC 1864.102 for additional instructions. If
additional information is requested, coordinate with the appropriate office
of the Armed Force concerned. EXCEPTIONS: (1) Requests to ensure
that no one served under a specified name in a specified period and service
may be honored without coordination. These are cases where requester
wishes to use a name in a production or story without risk of being sued by
someone having such name, claiming he was improperly portrayed. Replies
to these requests should state that answers cannot be guaranteed essentially
because manner in which records are filed is determined by member's total
service and that lists covering a specific wartime, etc., period were not
compiled. (2) Newspaper "Action Line" requests for limited
information releasable to the member may be furnished to the member
explaining it is furnished in response to the newspaper request and may be
released to the newspaper at the member's discretion. Advise
"Action Line" of action taken. |
|
26. Any source in this part |
a. Facts and circumstances
surrounding discharge requested for any purpose. |
Furnish to NOK (1) if VETERAN'S WRITTEN
CONSENT is received, or (2) if proof of veteran's death or incompetence is
received. Furnish to other sources in this part only with VETERAN'S
WRITTEN CONSENT. |
|
b. Facts and circumstances
surrounding death in service requested for any purpose. |
On requests from NOK, see item 4d of this part. On all others, deny unless the NOK
has furnished written consent. |
|
|
c. Decorations and/or medals
(issuance of or replacements for) for any purpose. |
>Refer requests for Navy, Marine Corps,
and Coast Guard medals to Naval Personnel Command, NPRC. |
|
|
d. Soldiers and Sailors Civil Relief
Act Certificate for any purpose. |
Army: Refer request to
ARPERSCOM. All others: Return to requester advising that
these certificates are issued only by the armed force concerned. Give
complete address and office designation. |
|
|
e. Photographs of veteran requested
for any purpose. |
Furnish the last copy to the veteran or
next of kin, if veteran is deceased. If more than one copy is present,
photographs taken for official purposes of members of the Armed Forces are
generally releasable under the Freedom of Information Act. Delete any
non-releasable personal data, such as the social security number, recorded on
the photograph. |
|
|
f. Marital status for any purpose. |
Deny, citing 32 CFR 286c.12(f). |
|
|
g. Race, nationality or religious
preference for any purpose. |
Deny without written consent of member.
When denying, state that this is privileged information. |
|
|
h. Degree of security clearance held
by veteran while he was in service, requested for any purpose. |
Furnish only WITH WRITTEN CONSENT.
When consent not received, advise that security clearances granted while in
the service terminate upon discharge of the person from service. If
request is from an industrial concern having a |
|
|
i. Courts-Martial Orders and/or
Courts-Martial Records of Trial for any purpose. |
Furnish under the provisions of the
Freedom of Information Act. Be sure to charge the FOIA fee unless the
requester has furnished the veteran's written authorization. See either
NPRC 1852.1 or 1852.2 for an explanation of the FOIA
fees. |
|
|
j. Whereabouts
information to contact veteran against whom an allegation of paternity or non-support
is made or implied. (Requests from former spouse are covered in item 8.) |
Requests involving allegations of
paternity should be referred to or coordinated with the appropriate office of
the Armed Force concerned. Where the purpose is to enforce a legal
obligation to provide child support, furnish the last known address.
NOTE: If there is evidence that the paternity has been acknowledged or
proved, furnish the last known address. |
|
|
k. Whereabouts information to contact
NOK, veteran, or emergency addressee to settle estate of deceased veteran or
for any beneficial purpose not otherwise covered in this part. |
Forward request to last known address and
inform requester. If member is deceased, forward request to emergency
address of NOK and advise requester. See NPRC 1865.49. |
|
|
l. Identification of dates and
branch of service of, and similar information on veterans for genealogical
or similar sentimental and unofficial purpose. |
Furnish requested information only
to the extent required by the Freedom of Information Act--see NPRC 1864.102 for additional instructions, but be sure to
apply the FOIA fee schedule to those requesters who perform genealogical
research. Also treat requests from educational and similar institutions
for information on their alumni under this item. |
|
|
m. Personnel/medical records for use
in criminal actions or civil actions where |
Coordinate with appropriate Armed Force. |
|
|
27. Any source in this part
(including parties whose interests are adverse to the veteran), except
veteran's NOK or legal representative |
Personnel/medical information for use in
civil action where |
Furnish requested information only
to the extent required by the Freedom of Information Act--see NPRC 1864.102. Furnish other requested information
or copies of personnel and/or medical records (authenticated) only on receipt
of -- (1) WRITTEN CONSENT of member, or (2) WRITTEN CONSENT OF NOK or legal
guardian (need evidence of kinship or representation). When member is
incompetent (need court order judging incompetence and appointing legal
guardian) or deceased (need proof of death unless self evident from veteran's
record or material provided by requester). |
|
28. Veterans in
general (other than veteran named in the record) |
a. Rosters or lists of names of
former members of requester's military outfit. |
Rosters or lists of names may be furnished--subject
to fee charges. If the requested roster or list does not already exist,
there is no obligation under the Freedom of Information Act to compile
one. Advise the requester that such a list does not exist. |
|
b. Rosters or lists of names AND
ADDRESS-ES usually for reunions. |
Deny, citing 32 CFR 286c.12(f)(2) as
authority. If purpose of request is to seek affidavits of companions to
support claims for veteran’s benefits, see item 10c.
NOTE: Some of these requests may be referred to the VA. |
|
|
29. Authors and historians |
Information from military records for
publication. |
Furnish requested information only
to the extent required by the Freedom of Information Act--see NPRC 1864.102. On all others, deny, citing 32 CFR
286c.12(f)(2) as authority, unless the veteran/NOK authorized the release of
information. |
Appendix A. Blanket Routine Uses
applicable to DoD records unless noted otherwise
ROUTINE USE-LAW ENFORCEMENT
In the event that a system of records
maintained by this component to carry out its functions indicates a violation
or potential violation of law, whether civil, criminal or regulatory in nature,
and whether arising by general statute or by regulation, rule or order issued
pursuant thereto, the relevant records in the system of records may be
referred, as a routine use, to the appropriate agency, whether Federal, state,
local, or foreign, charged with the responsibility of investigating or
prosecuting such violation or charged with enforcing or implementing the
statute, rule, regulation or order issued pursuant thereto.
ROUTINE USE-DISCLOSURE WHEN REQUESTING
INFORMATION
A record from a system of records maintained
by this component may be disclosed as a routine use to a Federal, state, or
local agency maintaining civil, criminal, or other relevant enforcement
information or other pertinent information, such as current licenses, if
necessary to obtain information relevant to a component decision concerning the
hiring or retention of an employee, the issuance of a security clearance, the
letting of a contract, or the issuance of a license, grant or other benefit.
ROUTINE USE-DISCLOSURE OF REQUESTED
INFORMATION
A record from a system of records maintained
by this component may be disclosed to a Federal agency, in response to its
request, in connection with the hiring or retention of an employee, the
issuance of a security clearance, the reporting of an investigation of an
employee, the letting of a contract, or the issuance of a license, grant or
other benefit by the requesting agency, to the extent that the information is
relevant and necessary to the requesting agency's decision on the matter.
ROUTINE USE-CONGRESSIONAL INQUIRIES
Disclosure from a system of records
maintained by this component may be made to a Congressional office from the
record of an individual in response to an inquiry from the Congressional office
made at the request of that individual.
ROUTINE USE-PRIVATE RELIEF LEGISLATION
Relevant information contained in all
systems of records of the Department of Defense published on or before August
22, 1975, may be disclosed to the Office of Management and Budget in connection
with the review of private relief legislation as set forth in OMB Circular A-19
at any stage of the legislative coordination and clearance process as set forth
in that Circular.
ROUTINE USE-DISCLOSURES REQUIRED BY
INTERNATIONAL AGREEMENTS
A record from a system of records maintained
by this component may be disclosed to foreign law enforcement, security,
investigatory, or administrative authorities in order to comply with
requirements imposed by, or to claim rights conferred in, international agreements
and arrangements including those regulating the stationing and status in
foreign countries of Department of Defense military and civilian personnel.
ROUTINE USE-DISCLOSURE TO STATE AND LOCAL
TAXING AUTHORITIES
Any information normally contained in IRS
Form W-2 which is maintained in a record from a system of records maintained by
this component may be disclosed to state and local taxing authorities with
which the Secretary of the Treasury as entered into agreements pursuant to
Title 5, U.S. Code, Sections 5516, 5517, 5520, and only to those state and
local taxing authorities for which an employee or military member is or was
subject to tax regardless of whether tax is or was withheld. This routine use
is in accordance with Treasury Financial Manual, vol 1, part 3, chapter 5000,
sec 5070, sub-sec 5070.10.
ROUTINE USE-DISCLOSURE TO THE OFFICE OF
PERSONNEL MANAGEMENT
A record from a system of records subject to
the Privacy Act and maintained by this component may be disclosed to the Office
of Personnel Management concerning information on pay and leave, benefits,
retirement deductions, and any other information necessary for the Office of
Personnel Management to carry out its legally authorized Government-wide
personnel management functions and studies.
ROUTINE USE-DISCLOSURE TO THE DEPARTMENT OF
JUSTICE FOR LITIGATION
A record from a system of records maintained
by this component may be disclosed as a routine use to any component of the
Department of Justice for the purpose of representing the Department of
Defense, or any officer, employee or member of the Department in pending or
potential litigation to which the record is pertinent.
ROUTINE USE-DISCLOSURE TO MILITARY BANKING
FACILITIES OVERSEAS
For personnel separated, discharged, or retired
from the Armed Forces, information as to last known residential or home of
record address may be provided to the military banking facility upon
certification by a banking facility officer that the facility has a returned or
dishonored check negotiated by the individual or the individual has defaulted
on a loan and that if restitution is not made by the individual, the U.S.
Government will be liable for the loses the facility may incur.
ROUTINE USE-DISCLOSURE OF INFORMATION TO THE
GENERAL SERVICES ADMINISTRATION (GSA)
A record from a system of records maintained
by this component may be disclosed as a routine use to the General Services
Administration (GSA) for the purpose of records management inspections
conducted under authority of 44 U.S.C. 2904 and 2906.
ROUTINE USE-DISCLOSURE OF INFORMATION TO THE
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (
A record from a system of records maintained
by this component may be disclosed as a routine use to the National Archives
and Records Administration (NARA) for the purpose of records management
inspections conducted under authority of 44 U.S.C. 2904 and 2906.
ROUTINE USE-DISCLOSURE TO THE MERIT SYSTEMS
PROTECTION BOARD
A record from a system of records maintained
by this component may be disclosed as a routine use to the Merit Systems
Protection Board, including the Office of the Special Counsel for the purpose
of litigation, including administrative proceedings, appeals, special studies
of the civil service and other merit systems, review of OPM or component rules
and regulations, investigation of alleged or possible prohibited personnel
practices; including administrative proceedings involving any individual
subject of a DoD investigation, and such other functions, promulgated in 5
U.S.C. 1205 and 1206, or as may be authorized by law.
ROUTINE USE-COUNTERINTELLIGENCE PURPOSES
A record from a system of records maintained
by this component may be disclosed as a routine use outside the DoD or the U.S.
Government for the purpose of counterintelligence activities authorized by U.S.
Law or Executive Order or for the purpose of enforcing laws which protect the
national security of the
Appendix B-1. Routine Uses of
the Military Personnel Records Jacket Files A0640-10a
TAPC and Official Military Personnel
File, A0640-10b TAPC
The routine uses listed below are for U. S.
Army personnel records which, prior to arriving at NPRC, are maintained as two
separate records systems: A0640-10a TAPC (MPRJ), Military Personnel Records
Jacket Files and A0640-10b TAPC, Official Military Personnel File. The
two records are merged before being retired to NPRC and are often
indistinguishable from one another. For practical purposes, these routine
uses are applied to all records in the military personnel record serviced by
NPRC employees.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: