cedure Act (60 Stat. 238; 5 U. S. C. 1002), he will state the nature of his concern and identify as exactly as may be the records to which he desires access. If the applicant is an agent or attorney acting for another, he will attach to the application evidence of his authority to act for his principal. If such evidence is satisfactory, such agent or attorney will be given access to any record to which his principal would be given access.

(b) Official records, within the meaning of this rule, include applications, registrations, petitions, reports and returns filed with the Navy Department by persons not in the Naval service, certain records relating to Naval personnel, and all documents embodying Navy action directly affecting persons outside the Naval service, such as orders, rules, licenses, and contracts. The great mass of material relating to the internal operation of the Navy Department and the Naval forces is not a matter of official record within the meaning of this rule. Official records in the Navy Department's files are merely incidental to the performance of its major functions and it is not practicable to list all types of such official records. The Secretary will, however, determine when application is made whether or not any document is an official record, and whether or not it should be withheld as confidential, according to the principles herein stated.

(c) Without limiting the discretion vested in the Secretary of the Navy by the other provisions of this rule access will not be granted to:

(1) Material classified "Restricted," "Confidential," "Secret," "Top Secret," or any other security classification which may be established, pursuant to Article 76 of the Navy Regulations.

(2) Material, such as tax returns, which is made confidential by law. (Cf. sec. 55 (f) (1) of the Internal Revenue Code.)

(3) Documents which in the opinion of the Secretary contain information which would be of possible assistance to a foreign power in time of peace or to an enemy in time of war, or containing information which, in his opinion, for reasons of public policy should not be disclosed to persons outside the naval or military establishments.

(4) Documents, the disclosure of which would involve the violation of a statute or the breach of a legal or moral obligation to keep information confidential.

(5) Intra- governmental memoranda, reports, and documents not prepared for publication or not official records. The foregoing are deemed confidential according to the principles herein stated.

(d) The Secretary will also determine whether an applicant is properly and directly concerned with the record to which he seeks access, when it is not specifically covered in this rule.

(e) Officers' and enlisted men's service records are deemed confidential for good cause found within the meaning of this rule except to persons properly and directly concerned, including the serviceman himself, and personal representatives of the serviceman, e. g., executors, conservators, etc., who present proper proof thereof. The serviceman, former serviceman, or personal representative may obtain access to health records by applying to the Chief of the Bureau of Medicine and Surgery, Navy Department, Washington 25, D. C., and to other personnel records to the Chief of Naval Personnel, Navy Department, Washington 25, D. C. Application may be made in person or in writing.

(f) Copies of office records or summaries thereof relating to deaths of naval personnel and information relating thereto will ordinarily be furnished upon application to the Judge Advocate General, Navy Department, Washington 25, D. C., to persons properly and directly concerned.

(g) Access will normally be granted by inspection, at the place where the documents are kept and stored.

(h) If the Secretary determines that one or the other of the principles stated above requires the refusal of a request to make information available, prompt notice of any such refusal will be given to the applicant, together with a simple statement of the grounds for such refusal.

(i) The Secretary has legal custody of all official records of the Navy Department, and no subpoena duces tecum directed to any Navy Department employee or officer other than the Secretary is legally valid or effective to compel such officer or employee to produce any official record of the Navy Department, or other report, paper, or document in its custody. It is hereby declared to be contrary to the public interest to produce in any proceeding or trial any memorandum or document from Navy Department files to which

access has not been asked and granted pursuant to this rule, whether a public record or not.

(j) This rule regarding public records has not application to access to records by officers or employees of other agencies or branches of the Government.

(k) This rule regarding public records has no application to any records which by law or policy of the Department are made available to the public generally, to any records which are in the custody of the Archivist of the United States, nor to any records which are disposed of under 44 U. S. C. 366 et seq., 57 Stat. 380 as amended.

[13 F. R. 8429, Dec. 28, 1948]

§ 701.2 Official records in civil court. (a) Unless authorized by the Secretary of the Navy or his designee, persons in the naval service and civil employees are prohibited from releasing or producing, in response to subpoenas duces tecum, motions for discovery, or in answer to interrogatories or otherwise, any official records or copies thereof, including the records described in paragraph (b) of this section or classified matter, in a civil court, or in connection with preliminary investigations by attorneys or others. Official records or copies thereof will be produced in such cases when authorized under procedures prescribed in paragraphs (c) and (d) of this section.

(b) The records of proceedings of Navy courts-martial, courts of inquiry, boards of investigation, and the records of investigations and administrative reports are intended solely for use in the Naval Establishment and are privileged. Such records or documents are confidential, for good cause found, within the meaning of the Administrative Procedure Act. The Secretary of the Navy, or his designee, may make such records or information therefrom available to persons properly and directly concerned whether or not litigation is involved.

(c) In cases where naval records are desired by or on behalf of litigants and where the records are not classified or of a privileged and confidential status as described in paragraph (b) of this section, such parties will be informed that the procedure for the production of the records desired or certified copies thereof is to obtain and forward to the Secretary of the Navy, Navy Department, Washington, D. C., or other custodian of the records, a court order calling for the

particular records desired or copies thereof. Compliance with such court orders, after authorization by the Secretary of the Navy or his designee, will be effected by transmitting certified copies of the records to the clerk of the court out of which the process issues or by production of the original records by naval custodian where necessary. Where an original record is produced it will not be removed from the custody of the person producing it but copies may be placed in evidence in the case. Upon the written request of all parties in interest or their counsel records which would be produced in response to a court order as set forth in this paragraph may be furnished without court order.

(d) As exceptions to paragraph (c) of this section, and where not in conflict with the restrictions in paragraphs (a) and (b) of this section, the production in Federal, state, territorial, or local courts, of the service, employment, pay, or medical records (including medical records of dependents) of personnel of the Navy, Marine Corps, and the civilian employees thereof is authorized upon receipt of a court order, where litigation is pending, without procuring specific authority from the Secretary of the Navy. Where travel is involved, it must be without expense to the government or to the person producing the records. [16 F. R. 12504, Dec. 12, 1951]

§ 701.3 Production of official records in absence of court order. (a) Whether or not litigation is involved, naval personnel, civilian employees of the Naval Establishment, their personal representatives, e. g., executors, guardians, etc., or other properly interested parties may be furnished copies of records or information therefrom relating to death, personal injury, loss, or property damage to or involving such personnel, without following the procedures prescribed in either paragraph (c) or (d) of § 701.2, provided the interests of the United States are not prejudiced thereby. All such requests shall be referred to the Judge Advocate General of the Navy.

(b) Officers' and enlisted men's records are deemed confidential for good cause found except to persons properly and directly concerned, including the serviceman himself, and personal representatives of the serviceman, e. g., executors, guardians, etc., who present proper proof thereof. The serviceman, former serviceman, or personal repre

710.63

Personal effects.

710.64 Deposit required. 710.65 Credit allowance. 710.66 Mileage allowance. 710.67

Available accommodations for candidates taking formal physical examination. 710.68 Members of the Armed Forces. 710.69 Evidence of birth.

Appendix A-Course of Instruction 1951-52.

AUTHORITY: §§ 710.1 to 710.69 issued under R. S. 1547; 34 U. S. C. 591. Interpret or apply R. S. 1511-1528, as amended; 34 U. S. C 1021-1120.

SOURCE: §§ 710.1 to 710.69 appear at 18 F. R. 1057, Feb. 25, 1953, except as otherwise noted.

GENERAL

§ 710.1 Nomenclatures. The students of the Naval Academy are called Midshipmen. Upon acceptance and execution of the required oath of office, they are issued appointments as Midshipmen in the United States Navy which are signed by the Secretary of the Navy by direction of the President of the United States. All of the sources of nomination for appointment are established by law and no one can be appointed unless duly nominated by or from an authorized source. Furthermore, candidates may not participate in the Naval Academy scholastic entrance examinations normally held beginning on the last Wednesday in March of each year unless they have been duly nominated and are authorized to do so by the Bureau of Naval Personnel, Navy Department, Washington, D. C.

(a)

§ 710.2 Engagement to serve. Section 3 of Public Law 586, Eighty-first Congress (act of Congress approved 30 June 1950) reads as follows:

SEC. 3. Hereafter, each cadet appointed to the United States Military Academy and each midshipman appointed to the United States Naval Academy shall, if a citizen or national of the United States, sign articles, with the consent of his parents or guardian if he be a minor, and if any he have, by which he shall engage, unless sooner discharged by competent authority

(1) To complete the course of instruction at said Academy; and

(2) If tendered an appointment as a commissioned officer in the Regular Army or Regular Air Force upon graduation from the United States Military Academy, or in the Regular Navy or Regular Marine Corps or Regular Air Force upon graduation from the United States Naval Academy, to accept such appointment and to serve under such appointment for not less than three consecutive years immediately following the date of graduation; and

(3) In the event of the acceptance of his resignation from a commissioned status in the Regular component of such armed service prior to the sixth anniversary of his graduation, or in the event of an appointment in such Regular service not being tendered, to accept a commission which may be tendered him in the Reserve component of such Regular service and not to resign from such Reserve component prior to such sixth anniversary.

(b) Certain midshipmen who are exNavy or Marine Corps enlisted personnel have an additional service obligation under the Universal Military Training and Service Act. The classes of persons involved, period of obligated service, etc., are outlined in current Bureau of Naval Personnel instructions. Midshipmen who are discharged or whose resignations from the Naval Academy are accepted and who have an additional service obligation under the Universal Military Training and Service Act normally will be concurrently transferred to the U. S. Naval Reserve in their previous enlisted rating to fulfill the additional service requirement. Such persons may also be concurrently ordered to active duty for a period not exceeding two years. [18 F. R. 1057, Feb. 25, 1953, as amended at 19 F. R. 5109, Aug. 13, 1954]

NOMINATIONS AND APPOINTMENTS

§ 710.3 Allowance of nominations. The Vice President and each Senator, Representative, and Delegate in Congress are allowed a maximum of 5 midshipmen at the Naval Academy at any

one time. A maximum of 5 midshipmen is allowed for the District of Columbia and each year 75 may be appointed from the United States at large. The appointments from the District of Columbia and 75 each year at large are made by the President. The appointments of midshipmen at large are given by the President to the sons and adopted sons of officers and enlisted personnel of the Regular Army, Navy, Marine Corps, Air Force and Coast Guard for the reason that officers and enlisted personnel, owing to the nature of their duties, are unable to establish permanent residence and thus be in a position to secure nominations for their sons from their Senators and Representatives. Stepsons are not eligible for these appointments. Adopted sons must have been adopted prior to having reached the age of 15 years in order to be eligible. All these candidates are required to take either the substantiating examination or the regular mental examination in competition with each other, the 75 passing highest in the examination receiving the appointments. Applications should be addressed to the Bureau of Naval Personnel, and should give the full name, date of birth, home address, and present address of the candidate, the full name and rank or rating of his parent, and in case of an adopted son evidence should be submitted as to date of adoption. In the event that the quota of midshipmen authorized by law to be appointed annually to the Naval Academy from (a) enlisted men of the United States Navy and Marine Corps, (b) enlisted men of the Naval Reserve or Marine Corps Reserve, or (c) by the President at large, is not filled, the Secretary of the Navy may fill the vacancies in such quota by appointing other candidates, from any other of such sources, who were found best qualified on examination for admission into the Academy and not otherwise appointed. The vacancies from the District of Columbia are filled by competitive examination of candidates residing in the District. The selection of candidates, by competitive examination or otherwise for nomination for vacancies in the quota of Senators, Representatives, and Delegates in Congress is entirely in the hands of each Senator, Representative, and Delegate in Congress having a vacancy; and all applications for appointments or inquiries relative to competitive examinations should be addressed accordingly.

§ 710.4 Additional appointments—(a) Appointments by competitive examination from the regular Navy and Marine Corps. (1) The law authorizes the appointment of 160 enlisted men each year, to be selected as a result of a competitive examination given enlisted men of the regular Navy and Marine Corps who are not more than 22 years of age on July 1 of the year it is desired to enter and who were enlisted in the Navy or Marine Corps on or before July 1 of the preceding year. The mental and physical requirements for these candidates are the same as for other candidates for midshipmen. Briefly, the service requirements are: That the applicant must have enlisted on or before July 1 of the year preceding his possible admission to the Academy. The competitive examinations will commence the last Wednesday in March of each year and will consist of either the substantiating examination or the regular entrance examination, eligibility for the substantiating examination being contingent upon the candidate's presenting an acceptable secondary school certificate. Enlisted men who can fulfill the requirements as to age and length of service should make known to their commanding officers early in their enlistments their desire to become candidates for admission to the Naval Academy. The initial selection steps directed by the Bureau of Naval Personnel usually begin in the spring of each year to determine eligibility for assignment to the United States Naval Preparatory School convening in September. Only men assigned to this school are eligible to compete for appointment to the Naval Academy by the Secretary of the Navy. In the event that the quota of midshipmen authorized by law to be appointed annually to the Naval Academy from (i) enlisted men of the United States Navy and Marine Corps, (ii) enlisted men of the Naval Reserve or Marine Corps Reserve, or (iii) by the President at large, is not filled, the Secretary of the Navy may fill the vacancies in such quota by appointing other candidates, from any other of such sources, who were found best qualified on examination for admission into the Academy and not otherwise appointed. Enlisted men failing in the examinations for midshipmen will be required to serve out their terms of enlistment.

(2) For further information in regard to enlisting in the Navy, candidates