32 C.F.R. Subpart B—Release of Information
Title 32 - National Defense
(a) The policy of HQDA is to conduct activities in an open manner and provide the public accurate and timely information. Accordingly, law enforcement information will be released to the degree permitted by law and Army regulations. (b) Any release of military police records or information compiled for law enforcement purposes, whether to persons within or outside the Army, must be in accordance with the FOIA and Privacy Act. (c) Requests by individuals for access to military police records about themselves will be processed in compliance with AR 25–55 and AR 340–21. (d) Military police records in the temporary possession of another organization remain the property of the originating law enforcement agency. The following procedures apply to any organization authorized temporary use of military police records: (1) Any request from an individual seeking access to military police records will be immediately referred to the originating law enforcement agency for processing. (2) When the temporary purpose of the using organization has been satisfied, the military police records will be destroyed or returned to the originating law enforcement agency. (3) A using organization may maintain information from military police records in their system of records, if approval is obtained from the originating law enforcement agency. This information may include reference to a military police record (for example, MPR number or date of offense), a summary of information contained in the record, or the entire military police record. When a user includes a military police record in its system of records, the originating law enforcement agency may delete portions from that record to protect special investigative techniques, maintain confidentiality, preclude compromise of an investigation, and protect other law enforcement interests. (a) Criminal record information contained in military police documents will not be disseminated unless there is a clearly demonstrated official need to know. A demonstrated official need to know exists when the record is necessary to accomplish a function that is within the responsibility of the requesting activity or individual, is prescribed by statute, DOD directive, regulation, or instruction, or by Army regulation. (1) Criminal record information may be disclosed to commanders or staff agencies to assist in executing criminal justice functions. Only that information reasonably required will be released. Such disclosure must clearly relate to a law enforcement function. (2) Criminal record information related to subjects of criminal justice disposition will be released when required for security clearance procedures. (3) Criminal record information may be released to an activity when matters of national security are involved. (4) When an individual informs an activity of criminal record information pertaining to them, the receiving activity may seek verification of this information through the responsible law enforcement agency or may forward the request to that organization. The individual must be advised by the receiving agency of the action being pursued. Law enforcement agencies will respond to such requests in the same manner as FOIA and Privacy Act cases. (b) Nothing in this part will be construed to limit the dissemination of information between military police, the USACIDC, and other law enforcement agencies within the Army and DOD. (a) Release of information from Army records to agencies outside DOD will be governed by AR 25–55, AR 340–21, AR 600–37, and this part. Procedures for release of certain other records and information is contained in AR 20–1, AR 27–20, AR 27–40, AR 40–66, AR 195–2, AR 360–1, and AR 600–85. Installation drug and alcohol offices may be provided an extract of DA Form 3997 (Military Police Desk Blotter) for offenses indicating excessive use of alcohol (for example, drunk driving or disorderly conduct) or illegal use of drugs. (b) Installation provost marshals are the release authorities for military police records under their control. They may release criminal record information to other activities as prescribed in AR 25–55 and AR 340–21, and this part. (c) Authority to deny access to criminal records information rests with the initial denial authority (IDA) for the FOIA and the access and amendment refusal authority (AARA) for Privacy Acts cases, as addressed in AR 25–55 and AR 340–21. (a) The release and denial authorities for all FOIA cases concerning military police records include provost marshals and the Commander, USACIDC. Authority to act on behalf of the Commander, USACIDC is delegated to the Director, USACRC. (b) FOIA requests from members of the press will be coordinated with the installation public affairs officer prior to release of records under the control of the installation provost marshal. When the record is on file at the USACRC the request must be forwarded to the Director, USACRC. (c) Requests will be processed as prescribed in AR 25–55 and as follows: (1) The provost marshal will review requested reports to determine if any portion is exempt from release. Any discretionary decision to disclose information under the FOIA should be made only after full and deliberate consideration of the institutional, commercial, and personal privacy interests that could be implicated by disclosure of the information. (2) Statutory and policy questions will be coordinated with the local staff judge advocate. (3) Coordination will be completed with the local USACIDC activity to ensure that the release will not interfere with a criminal investigation in progress or affect final disposition of an investigation. (4) If it is determined that a portion of the report, or the report in its entirety will not be released, the request to include a copy of the MPR or other military police records will be forwarded to the Director, USACRC, ATTN: CICR–FP, 6010 6th Street, Fort Belvoir, VA 22060–5585. The requestor will be informed that their request has been sent to the Director, USACRC, and provided the mailing address for the USACRC. When forwarding FOIA requests, the outside of the envelope will be clearly marked “FOIA REQUEST.” (5) A partial release of information by a provost marshal is permissible when partial information is acceptable to the requester. (An example would be the deletion of a third party's social security number, home address, and telephone number, as permitted by law). If the requester agrees to the omission of exempt information, such cases do not constitute a denial. If the requester insists on the entire report, a copy of the report and the request for release will be forwarded to the Director, USACRC. There is no requirement to coordinate such referrals at the installation level. The request will simply be forwarded to the Director, USACRC for action. (6) Requests for military police records that have been forwarded to USACRC and are no longer on file at the installation provost marshal office will be forwarded to the Director, USACRC for processing. (7) Requests concerning USACIDC reports of investigation or USACIDC files will be referred to the Director, USACRC. In each instance, the requestor will be informed of the referral and provided the Director, USACRC address. (8) Requests concerning records that are under the supervision of an Army activity, or other DOD agency, will be referred to the appropriate agency for response. (a) Military police records may be released according to provisions of the Privacy Act of 1974, as implemented by AR 340–21 and this part. (b) The release and denial authorities for all Privacy Act cases concerning military police records are provided in §635.10 of this part. (c) Privacy Act requests for access to a record, when the requester is the subject of that record, will be processed as prescribed in AR 340–21. (a) Policy. An amendment of records is appropriate when such records are established as being inaccurate, irrelevant, untimely, or incomplete. Amendment procedures are not intended to permit challenging an event that actually occurred. For example, a request to remove an individual's name as the subject of a MPR would be proper providing credible evidence was presented to substantiate that a criminal offense was not committed or did not occur as reported. Expungement of a subject's name from a record because the commander took no action or the prosecutor elected not to prosecute normally will not be approved. In compliance with DOD policy, an individual will still remain entered in the Defense Clearance Investigations Index (DCII) to track all reports of investigation. (b) Procedures. (1) Installation provost marshals will review amendment requests. Upon receipt of a request for an amendment of a military police record that is five or less years old, the installation provost marshal will gather all relevant available records at their location. A decision to grant or deny the request will be made by the Commanding General, USACIDC. In accordance with AR 340–21, paragraph 1–7l, the Commanding General, USACIDC is the sole access and amendment authority for criminal investigation reports and military police reports. Access and amendment refusal authority is not delegable. If the decision is made to amend a MPR, a supplemental DA Form 3975 will be prepared. The supplemental DA Form 3975 will change information on the original DA Form 3975 and will be mailed to the Director, USACRC with the amendment request from the requestor as an enclosure. The Director, USACRC will file the supplemental DA Form 3975 with the original MPR. (2) Requests to amend military police documents that are older than five years will be coordinated through the Director, USACRC. The installation provost marshal will provide the Director, USACRC a copy of an individual's request to amend a military police record on file at the USACRC. If the Director, USACRC receives an amendment request, the correspondence with any documentation on file at the USACRC will be sent to the originating provost marshal office. The installation provost marshal will review the request and either approve the request or forward it to the Director, USACRC for denial. A copy of the provost marshal's decision must be sent to the Director, USACRC to be filed in the USACRC record. If an amendment request is granted, copies of the supplemental DA Form 3975 will be provided to each organization, activity, or individual who received a copy of the original DA Form 3975. (3) If the provost marshal office no longer exists, the request will be staffed with the major Army commander that had oversight responsibility for the provost marshal office at the time the DA Form 3975 was originated. (a) AR 340–21 prescribes accounting policies and procedures concerning the disclosure of military police records. (b) Provost Marshals will develop local procedures to ensure that disclosure data requirements by AR 340–21 are available on request. (a) Information furnished by foreign governments or international organizations is subject to disclosure, unless exempted by AR 25–55, AR 340–21, or federal statutes or executive orders. (b) Information may be received from a foreign source under an express pledge of confidentiality as described in AR 25–55 and AR 340–21 (or under an implied pledge of confidentiality given prior to September 27, 1975). (1) Foreign sources will be advised of the provisions of the Privacy Act of 1974, the FOIA, and the general and specific law enforcement exemptions available, as outlined in AR 340–21 and AR 25–55. (2) Information received under an express promise of confidentiality will be annotated in the MPR or other applicable record. (3) Information obtained under terms of confidentiality must clearly aid in furthering a criminal investigation. (c) Denial recommendations concerning information obtained under a pledge of confidentiality, like other denial recommendations, will be forwarded by the records custodian to the appropriate IDA or AARA per AR 25–55 or AR 340–21. (d) Release of U.S. information (classified military information or controlled unclassified information) to foreign governments is accomplished per AR 380–10.
Title 32: National Defense
PART 635—LAW ENFORCEMENT REPORTING
Subpart B—Release of Information
§ 635.8 General.
§ 635.9 Guidelines for disclosure within DOD.
§ 635.10 Release of information.
§ 635.11 Release of information under the Freedom of Information Act (FOIA).
§ 635.12 Release of Information under the Privacy Act of 1974.
§ 635.13 Amendment of records.
§ 635.14 Accounting for military police record disclosure.
§ 635.15 Release of law enforcement information furnished by foreign governments or international organizations.
