in the prosecution of or support of claims against the United States may, nevertheless, under various situations be released as in the proper discharge of official duties, and those as to whether parties requesting certain information which is not the proper subject of release to the general public are properly and directly concerned therewith.

(14) Which constitute records of hearings or reports by military personnel or civilian employees to superiors, irrespective of whether such records of hearings or reports are in fact classified, the same being hereby held to be privileged and confidential for good cause. Such records of hearings and reports include, but are not limited to records of hearings before courts martial, boards of officers, boards of inquiry, and courts of inquiry, reports by inspectors general; investigative reports as to particular incidents and transactions, such as reports by claims officers and reports of survey; and routine and special reports as to matters relating to the internal management, administration, and operation of the Army Establishment or as to the manner of performance of assigned duties by military personnel and civilian employees.

(15) Which contain rumors and unsubstantiated allegations prejudicial to the character, standing, or efficiency of an individual the release of which might result in irremediable, and incalculable injury to innocent parties.

(16) Containing information which, although officially or otherwise appropriately collected and reported, probably would expose the individual who reported it to the resentment of those whose conduct is impugned thereby.

(17) Relative to suspected criminal conduct or fraudulent activity on the part of military personnel or civilian employees of the Army Establishment, or by private commercial companies or any other organizations or individuals in connection with the procurement activities of the Army Establishment.

(e) Declassification. If it appears that information from, access to, or copies of classified papers are of vital importance to a party requesting them and that the granting of the request would be appropriate but for such classification, consideration will be given, in light of the circumstances and current regulations, to the propriety of declassifying the papers involved.

(f) Reference to The Judge Advocate General. Doubtful questions of law which may arise with regard to the release of information will be referred to The Judge Advocate General. Such questions which are likely to arise include, but are not limited to, those as to whether information which would aid

§ 518.3 Information obtainable by general public-(a) Authority to furnish access. Upon the receipt of requests therefor from individuals, private companies or organizations, or agencies of State or local governments, the commander of a unit, head of a technical service, head of an agency, or officer concerned, may furnish access to copies of unclassified regulations, publications, rules, orders, and decisions, except those which, under special circumstances, are held by him to be confidential for good

cause.

(b) Categories. The types of unclassified papers covered by this section, access to which usually may be afforded to members of the general public, include but are not limited to the following:

(1) Army Regulations, Special Regulations, readjustment regulations, mobilization regulations, joint Army-Air Force adjustment regulations, general orders, bulletins, circulars, commercial traffic bulletins, Department of the Army pamphlets, procurement regulations, procurement circulars, Army procurement regulations (joint procurement regulations), joint procurement circulars, Armed Services procurement regulations, joint termination regulations, Army renegotiation manual, joint renegotiation manual, renegotiation manual, Army renegotiation manual-part II, military renegotiation manual, standard forms of bids, acceptances, contracts, and leases.

and

(2) Decisions by the Armed Services Board of Contract Appeals and by the War Contract Hardship Claims Board.

(3) Rules, orders, and opinions in the adjudication of cases of general public interest which may be cited as precedents; regulations concerning river and harbor and flood control activities and regulations governing navigable inland and coastal waters; and courts-martial orders.

(4) Historical data, in accordance with 518.5.

(1)

§ 518.4 Information which may be released only to persons properly and directly concerned-(a) General. Nothing in this part or other regulations will be construed to detract from the recognized authority of the commanding officer of a medical treatment facility to:

(i) Release such information as to the condition of sick and injured patients as he deems necessary to allay the anxiety of the relatives of such patients.

(ii) Inform the person designated by a patient to be notified in case of an emergency or the nearest known relative that the patient's condition has reached a stage which seriously endangers life.

(iii) Inform the person designated by a patient to be notified in case of an emergency or the nearest known relative that a diagnosis of psychosis has been made.

(iv) Report, in accordance with local law and regulations, all births, deaths, and cases of communicable diseases.

(2) Similarly, contracting officers may, in accordance with ordinary commercial practices, furnish Department of the Army contractors, during the pendency of the contractual relationship, access to contracts or other papers pertinent to the obligations incident to that relationship or reasonably necessary in the furtherance of the work or the furnishing of the supplies or services being obtained: Provided, That, if classified information is involved, the provisions of Part 505 of this chapter are strictly complied with: And provided further, That in the absence of a contractual obligation so to do or other circumstance making such release of information a proper discharge of official duties, a contracting officer will not furnish information to a contractor which aids or supports a claim against the United States. Pertinent regulations of the Department of the Army, pursuant to the Contract Settlement Act of 1944 (58 Stat. 649; 41 U. S. C. 101, et seq.) prescribing that certain advice, aid, and assistance will be rendered to war contractors in preparing contract termination claims, constitute an example of circumstances where a contracting officer may be required in the proper performance of official duties to furnish in

formation which aids or supports a claim against the United States (58 Stat. 668; 41 U. S. C. 120 (f)).

(3) The disclosure to the individual concerned of the precise nature of allegations made before boards of officers and boards of inquiry which are prejudicial to his character, standing, or efficiency, and the evidence adduced before such boards in support thereof, as well as the disclosure to the individual concerned of the evidence adduced before such boards tending to establish pecuniary liability on his part, is governed by pertinent Army regulations.

(4) A claims officer, judge advocate, or others officially concerned with the processing of or the disposition of claims, sounding in contract or tort, against the United States arising out of the operations of the Army Establishment may furnish to a claimant or the authorized representative of the claimant access to papers submitted by the claimant. However, in the absence of pertinent regulations specifically providing therefor, a claimant or the authorized representative of the claimant will not be furnished information from, access to, or copies of other papers of record concerning the claim without the prior approval of The Judge Advocate General in each instance. No provision of these or other regulations will be construed as providing that such personnel may not in the proper discharge of their official duties, after a claimant has manifested intention to file a claim against the United States, advice the claimant as to proper form and method of filing the claim or, if the claim be unusually complex in nature, aid in the completion of the required forms and supporting data.

(5) The Department of the Army has no objection to stockholders being furnished information on the financial operations of corporations holding Department of the Army contracts when access to books and records containing such information is permitted by State law: Provided, That no classified military information is divulged to unauthorized persons concerning the terms of Department of the Army contracts, or rate of or processes of production of military equipment or specific war items. Requests for access to such books and records will be reported to the contract

ing officer for appropriate disposition in accordance with current regulations.

(b) Release of certain information in proper discharge of official duties. Information released by The Adjutant General, The Surgeon General, or the commanding officer of a medical treatment facility, as provided by paragraph (c) of this section, is hereby found to have been released in the proper discharge of his official duties within the meaning of section 283, Title 18, United States Code.

(c) Release of certain papers by The Adjutant General, The Surgeon General, or the commanding officer of a medical treatment facility. (1) Set forth below are findings that certain individuals, private companies or organizations, or agencies of State or local governments are properly and directly concerned with described categories of papers. The Surgeon General or the commanding officer of any medical treatment facility may, to the extent that authority therefor is delegated and subject to the restrictions set forth in subparagraph (2) of this paragraph, furnish access to or information from unclassified papers within any of the categories set forth in subdivisions (v) through (viii) of this subparagraph to the parties indicated in the respective findings. In addition, The Adjutant General may, subject to the restrictions set forth in subparagraph (2) of this paragraph, and pursuant to his delegated authority, furnish access to or information from unclassified papers within any of the categories set forth in subdivisions (i) through (viii) of this subparagraph to the parties indicated in the respective findings.

(i) Papers relative to applications for, beneficiaries to be designated in, and allotments in payment of, National Service Life Insurance are the proper and direct concern of the applicant or insured and, in the event of his death or insanity, the beneficiaries named in or designated for naming in such policies and his next of kin. Access may be furnished to the applicant or insured or his authorized representative and, in the event the applicant or insured has been adjudged insane or is dead, to the beneficiaries named in or designated for naming in such policies, his next of kin, and legal representative.

(ii) Papers recording the death of a member of the military service or a civilian employee are the proper and direct concern of and access thereto may be furnished to his next of kin, his life insurance carrier, and legal representative.

(iii) Personnel records relating to a member or former member of the military service are the proper and direct concern of and information therefrom may be furnished to the individual to whom they pertain, his authorized agent, and legal representative: Provided, however, That information or data compiled from or copies of such personnel records will be furnished only at the discretion of The Adjutant General. In addition, access to personnel records relating to a member of the military service on active duty may be furnished to the individual to whom they pertain, his authorized agent, and legal representative. Such access will be permitted only in the Personnel Information Branch, Office of The Adjutant General, The Pentagon, Washington 25, D. C.

(iv) Papers relating to the pay and allowances of a member of the military service or the pay of a civilian employee, including a former member of the military service or civilian employee, are the proper and direct concern of, and access thereto may be furnished to, the individual to whom they pertain, his authorized agent, and legal representative.

(v) Medical records relating to a member of the military service or a civilian employee, including any such former member or civilian employee, or to any other person who was a patient in a medical treatment facility of the Army Establishment are the proper and direct concern of the individual to whom they pertain and, in the event he has been adjudged insane or is dead, the next of kin and legal representative. Information therefrom and copies thereof may be furnished to the individual to whom they pertain: Provided, That no information which might prove injurious to his physical or mental health will be released to him; and, in the event the information would be injurious to his physical or mental health or he has been adjudged insane or is dead, to next of kin and legal representative.

> Medical records pertaining to an tkiviquial within a class described in SUQIVISION A) of this subparagraph are the proper and direct concern of, and mormation therefrom or copies thereof may be furnished to, a Federal or State hospital or penal institution when the individual to whom they pertain is a patient or inmate therein.

(vi) Information from or copies of medical records may be furnished to duly accredited representatives of the National Academy of Sciences and National Research Council, when engaged in cooperative studies undertaken at the specite request of or with the consent of The Surgeon General.

(2) Information released pursuant to the provisions of subparagraph (1) (vi), (viÐ), and (viii) of this paragraph pertaining to a particular individual, as well as such information released pursuant to the provisions of subparagraph (1) (v) of this paragraph to others than the individuals to whom it pertains, will be accompanied by a statement to the effect that the information is released upon the condition that it will not be disclosed to third parties, except in accordance with the limitations and principles adhered to in the civilian professional medical practice relative to privileged communications between doctor and patient.

$518.5 Unofficial research use of transferred files-(a) Policy. Research in noncurrent files in records depositories by authorized individuals, under the conditions and procedures specified below, is to be encouraged and facilitated. Space and facilities will be furnished at the records depository to authorized researchers. No withdrawals of records from records depositories will be made for the purpose of unofficial research. When properly cleared as indicated in paragraph (b) of this section, certain

civilians (such as social scientists, historians, journalists, and other writers, including writers of unofficial unit histories) will be permitted to examine unclassified records in records depositories, exclusive of personnel records. Certain classified records may be made available for background purposes of unofficial research under special restrictions specified in paragraph (d) of this section.

(b) Use of interview board. All applications for permission to examine records will be submitted on DA AGO Form R-5472 (Interview Record of Applicant Requesting Permission to Use Official Files) to the Chief, Public Information Division, Office, Chief of Staff, United States Army. The application will indicate:

(1) Purpose of investigation.

(2) Subject to be investigated and, when possible, individual documents to be consulted.

(3) Whether publication or dissemination is intended and, if so, the form or media of publication or dissemination.

(4) For a former officer or enlisted man designated to prepare an unofficial unit history, grade and serial number and, in addition, a signed statement from his former commanding officer authorizing him to prepare such a history.

(c) Clearance of applicants. Clearance of applicants will be for a specified time and will be applicable to a clearly defined research project. Upon approval of an application for permission to examine records, the Chief, Public Information Division, Office, Chief of Staff, United States Army, will inform the appropriate records depository of such approval in writing, citing the following: (1) Name of individual authorized to examine the records.

(2) Description of the subject to be investigated.

(3) Length of time for which access to records is authorized.

(d) Conditions on access to files. Access to records for unofficial research purposes will be subject to the following conditions:

(1) Files will be charged specifically to individuals and will be used only in a