DETRIMENTAL PHYSICAL OR MENTAL HEALTH RECORDS


Each service branch has different regulations for the release of detrimental records.  Examples of potentially detrimental information include any health or clinical record that contains:

Diagnosis of a mental, psychoneurotic, or personality disorder
Diagnosis or implications of sexual deviation
Any illness that carries a uniformly unfavorable prognosis

See the instructions below for each branch of service.


AIR FORCE

Inquiry from the veteran:
  1. Health records.  If you find any page(s) in the health record that contains detrimental information such as any of the kinds listed above, do not release such page(s) directly to the veteran.  Send copies of other requested documents that make no reference to potentially detrimental diagnoses, and include the following paragraph in your reply letter:

    "The Department of Defense Privacy Program, 32 CFR 310.30(f), allows for the disclosure of medical records to the individual to whom they pertain.  A portion of the records, however, contain information which can be interpreted and explained properly only by a physician.  If you would like for us to send copies to a designated physician, please send me the name and address of that physician.  The request you send back to us also MUST INCLUDE your written consent (signature), authorizing the National Personnel Records Center to release your medical records to the designated physician."

    When you receive the physician's name and address, send copies of the detrimental medical records to the physician with the following statement:  "The enclosed documents are sent to you at the request of (the requester's name).  These documents contain information that should be treated confidentially, and the diagnosis/prognosis should not be released directly to the veteran except by his/her physician.  Information shown in these records should not be released or discussed with any other person."

  2. Clinical records.

    1. Detrimental health information found in clinical records pertaining to sexual dysfunction or unfavorable diagnosis may be handled in the manner prescribed in par. 1, above, for health records.

    2. If the detrimental information in the clinical record(s) pertains to a diagnosis of a mental, psychoneurotic, or personality disorder, it will be necessary to refer these clinical records to an Air Force office for determination of releasability.  Exact procedures are still being developed.  In the meantime, see your coach or ET if you encounter such a situation.

  3. Detrimental information in both health and clinical records.

    1. If the detrimental information in the clinical record(s) pertains to sexual dysfunction or an unfavorable prognosis, it is permissible for the clinical records to be included with the documents from the health jacket that will be sent to a physician with the health records, for determination of releasability.  Process the reply as described in par. 1, above (health records).  Use the same quotations from par. 1, above.

    2. If the detrimental information in the clinical record(s) pertains to a diagnosis of a mental, psychoneurotic, or personality disorder, these documents cannot be included with the documents from the health jacket that will be sent to a physician for determination of releasability.  It will be necessary to refer these clinical records to an Air Force office for determination of releasability.  Exact procedures are still being developed.  In the meantime, see your coach or ET if you encounter such a situation.

    Inquiry from next of kin or member of Congress with written authorization of veteran:

    If the inquiry indicates the requester is aware of the potentially detrimental diagnoses, provide the medical records.  If not specifically requested or mentioned, handle the request as if it had been received from the veteran.

    Inquiry from legal guardian, and the following with written authorization of veteran*: veteran's attorney/representative, insurance firms, state, county, & municipal medical facilities (unless a "routine" user), private non-governmental medical personnel/facilities:

    Provide medical records and the following "CAUTION" statement:  "The enclosed records should be treated as confidential and the diagnosis/prognosis should not be released directly to the veteran except by his/her physician or after consultation with that physician.  Information about these records should not be released or discussed with any other person."

    *NOTE:  If a request is for the purpose of EMERGENCY medical treatment, individual consideration is given as to whether the release authorization requirement should be waived.  Consult the coach/supervisor.


ARMY

Inquiries received from the VETERAN:

Any health or clinical record which contains information as shown above cannot be released to the veteran.  Furnish copies of other documents which make no reference to potentially detrimental diagnoses, and provide the following paragraph: “The Department of Defense Privacy Program, 32 CFR 310.30(f), allows for the disclosure of medical records to the individual to whom they pertain.  A portion of the records, however, contain information which can be interpreted and explained properly only by a physician.  If you wish us to send copies to a designated physician, please furnish us with the name and address of that physician.  The request MUST INCLUDE your written consent (signature), authorizing the release of the records to the designated physician”.

Upon receipt of the physician’s name and address, copies of the medical/clinical records should be sent to the physician with the following statement: “The enclosed documents are sent to you at the request of (the requester’s name).  These documents contain information that should be treated confidentially, and the diagnosis/prognosis should not be released directly to the veteran except by his/her physician.  Information shown in these records should not be released or discussed with any other person.”

NOK and Members of Congress with written authorization of veteran:

If the inquiry indicates the requester is aware of the potentially detrimental diagnoses, furnish the medical records.  If not specifically requested or mentioned, handle the request as if it was received from the veteran

Legal Guardian, and the following with written authorization of veteran*:  Veteran's attorney/representative, Insurance firms, State, county, & municipal medical facilities (unless a "routine" user), Private nongovernmental medical personnel/facilities:

Furnish medical records and the following "CAUTION" statement: "The enclosed records should be treated as confidential and the diagnosis/prognosis should not be released directly to the veteran except by his/her physician or after consultation with that physician.  Information about these records should not be released or discussed with any other person".

*NOTE:  If a request is for the purpose of EMERGENCY medical treatment, individual consideration is given as to whether the release authorization requirement should be waived.  Consult the coach/supervisor.



NAVY and USMC

All requesters:

Pull out records containing potentially detrimental information and place on top of record.   Forward the request and record to the BuMed Liaison Officer using NA Form 13098, NPRC Routing Slip.  When the record is returned, complete the case according to BuMed Liaison Office instructions.



COAST GUARD

All requesters:

Forward the request and record to the following office for a determination of releasability, and inform the requester of the referral:
    Commander
    Military Personnel Command, MPC-S-3
    2100 2nd Street, SW
    Washington, DC  20593-0001


SourceNPRC 1865.103