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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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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c. Active
Navy recruiters |
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. |
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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. |
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14. |
Service information to determine
applicant's eligibility for admittance. |
Furnish requested service information. |
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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. |
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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. |
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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. |
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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. |
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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 i | |