59 Subpart B—Release of Information

Department of the Army, DoD § 635.8

(2) Individuals named as subjects of into COPS. Installation Provost Mar- investigations who must be reported to shals/Directors of Emergency Services the USACRC. will provide written notice to state and (3) Employment as child care/youth local law enforcement agencies of the program providers. arrival of an offender to the local area (4) Local checks of the COPS MPRS so the registration process can be com- as part of placing an individual in the pleted. COPS MPRS system. (5) Name checks for individuals em- Subpart B—Release of Information ployed in law enforcement positions. (g) Provost Marshals/Directors of § 635.8 General. Emergency Services will ensure that (a) The policy of HQDA is to conduct an audit trail is established and main- activities in an open manner and pro- tained for all information released vide the public accurate and timely in- from military police records. formation. Accordingly, law enforce- (h) Procedures for conduct of name ment information will be released to checks with the USACRC are addressed the degree permitted by law and Army in AR 195–2. The following information regulations. is required for USACRC name checks (b) Any release of military police (when only the name is available, records or information compiled for USACRC should be contacted tele- law enforcement purposes, whether to phonically for assistance): persons within or outside the Army, (1) Full name, date of birth, SSN, and must be in accordance with the FOIA former service number of the indi- and Privacy Act. vidual concerned. (c) Requests by individuals for access (2) The specific statute, directive, or to military police records about them- regulation on which the request is selves will be processed in compliance based, when requested for other than with AR 25–55 and AR 340–21. criminal investigative purposes. (d) Military police records in the (i) Third party checks (first party temporary possession of another orga- asks second party to obtain informa- nization remain the property of the tion from third party on behalf of first originating law enforcement agency. party) will not be conducted. The following procedures apply to any organization authorized temporary use § 635.7 Registration of sex offenders. of military police records: Soldiers who are convicted by court- (1) Any request from an individual martial for certain sexual offenses seeking access to military police must comply with all applicable state records will be immediately referred to registration requirements in effect in the originating law enforcement agen- the state in which they reside. See AR cy for processing. 190–47, Chapter 14 and AR 27–10, Chap- (2) When the temporary purpose of ter 24. This is a statutory requirement the using organization has been satis- based on the Jacob Wetterling Act, and fied, the military police records will be implemented by DOD Instruction destroyed or returned to the origi- 1325.7, and AR 27–10. Provost Marshals/ nating law enforcement agency. Directors of Emergency Services (3) A using organization may main- should coordinate with their local Staff tain information from military police Judge Advocate to determine if an in- records in their system of records, if dividual must register. The registra- approval is obtained from the origi- tion process will be completed utilizing nating law enforcement agency. This the state registration form, which is information may include reference to a available through state and local law military police record (for example, enforcement agencies. A copy of the MPR number or date of offense), a sum- completed registration form will be mary of information contained in the maintained in the installation Provost record, or the entire military police Marshal Office/Directorate of Emer- record. When a user includes a military gency Services. Additionally, a Mili- police record in its system of records, tary Police Report (DA Form 3975) will the originating law enforcement agen- be completed as an information entry cy may delete portions from that

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record to protect special investigative mation are contained in AR 20–1, AR techniques, maintain confidentiality, 27–20, AR 27–40, AR 40–66, AR 195–2, AR preclude compromise of an investiga- 360–1, and AR 600–85. Installation drug tion, and protect other law enforce- and alcohol offices may be provided an ment interests. extract of DA Form 3997 (Military Po- lice Desk Blotter) for offenses involv- § 635.9 Guidelines for disclosure with- ing the use of alcohol or drugs (for ex- in DOD. ample, drunk driving, drunk and dis- (a) Criminal record information con- orderly conduct, or positive urinalysis) tained in military police documents or illegal use of drugs. will not be disseminated unless there is (b) Installation Provost Marshals/Di- a clearly demonstrated official need to rectors of Emergency Services are the know. A demonstrated official need to release authorities for military police know exists when the record is nec- records under their control. They may essary to accomplish a function that is release criminal record information to within the responsibility of the re- other activities as prescribed in AR 25– questing activity or individual, is pre- 55 and AR 340–21, and this part. scribed by statute, DOD directive, reg- (c) Authority to deny access to crimi- ulation, or instruction, or by Army nal records information rests with the regulation. initial denial authority (IDA) for the (1) Criminal record information may FOIA and the access and amendment be disclosed to commanders or staff refusal authority (AARA) for Privacy agencies to assist in executing crimi- Acts cases, as addressed in AR 25–55 nal justice functions. Only that infor- and AR 340–21. mation reasonably required will be released. Such disclosure must clearly § 635.11 Release of information under relate to a law enforcement function. the Freedom of Information Act (2) Criminal record information re- (FOIA). lated to subjects of criminal justice disposition will be released when re- (a) The release and denial authorities quired for security clearance proce- for all FOIA cases concerning military dures. police records include Provost Mar- (3) Criminal record information may shals/Directors of Emergency Services be released to an activity when mat- and the Commander, USACIDC. Au- ters of national security are involved. thority to act on behalf of the Com- (4) When an individual informs an ac- mander, USACIDC is delegated to the tivity of criminal record information Director, USACRC. pertaining to them, the receiving ac- (b) FOIA requests from members of tivity may seek verification of this in- the press will be coordinated with the formation through the responsible law installation public affairs officer prior enforcement agency or may forward to release of records under the control the request to that organization. The of the installation Provost Marshal/Di- individual must be advised by the re- rector of Emergency Services. When ceiving agency of the action being pur- the record is on file at the USACRC the sued. Law enforcement agencies will request must be forwarded to the Di- respond to such requests in the same rector, USACRC. manner as FOIA and Privacy Act cases. (c) Requests will be processed as pre- (b) Nothing in this part will be con- scribed in AR 25–55 and as follows: strued to limit the dissemination of in- (1) The Provost Marshal/Director of formation between military police, the Emergency Services will review re- USACIDC, and other law enforcement quested reports to determine if any agencies within the Army and DOD. portion is exempt from release. Any discretionary decision to disclose infor- § 635.10 Release of information. mation under the FOIA should be made (a) Release of information from Army only after full and deliberate consider- records to agencies outside DOD will be ation of the institutional, commercial, governed by AR 25–55, AR 340–21, AR and personal privacy interests that 600–37, and this part. Procedures for re- could be implicated by disclosure of lease of certain other records and infor- the information.

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(2) Statutory and policy questions referred to the appropriate agency for will be coordinated with the local staff response. judge advocate. (3) Coordination will be completed § 635.12 Release of information under with the local USACIDC activity to en- the Privacy Act of 1974. sure that the release will not interfere (a) Military police records may be re- with a criminal investigation in leased according to provisions of the progress or affect final disposition of Privacy Act of 1974, as implemented by an investigation. AR 340–21 and this part. (4) If it is determined that a portion (b) The release and denial authorities of the report, or the report in its en- for all Privacy Act cases concerning tirety will not be released, the request military police records are provided in to include a copy of the MPR or other § 635.10 of this part. military police records will be for- (c) Privacy Act requests for access to warded to the Director, USACRC, a record, when the requester is the sub- ATTN: CICR–FP, 6010 6th Street, Fort ject of that record, will be processed as Belvoir, VA 22060–5585. The requester prescribed in AR 340–21. will be informed that their request has been sent to the Director, USACRC, § 635.13 Amendment of records. and provided the mailing address for (a) Policy. An amendment of records the USACRC. When forwarding FOIA is appropriate when such records are requests, the outside of the envelope established as being inaccurate, irrele- will be clearly marked ‘‘FOIA RE- vant, untimely, or incomplete. Amend- QUEST.’’ ment procedures are not intended to (5) A partial release of information permit challenging an event that actu- by a Provost Marshal/Director of Emer- ally occurred. For example, a request gency Services is permissible when par- to remove an individual’s name as the tial information is acceptable to the subject of an MPR would be proper pro- requester. (An example would be the viding credible evidence was presented deletion of a third party’s social secu- to substantiate that a criminal offense rity number, home address, and tele- was not committed or did not occur as phone number, as permitted by law). If reported. Expungement of a subject’s the requester agrees to the omission of name from a record because the com- exempt information, such cases do not mander took no action or the pros- constitute a denial. If the requester in- ecutor elected not to prosecute nor- sists on the entire report, a copy of the mally will not be approved. In compli- report and the request for release will ance with DOD policy, an individual be forwarded to the Director, USACRC. will still remain entered in the Defense There is no requirement to coordinate Clearance Investigations Index (DCII) such referrals at the installation level. to track all reports of investigation. The request will simply be forwarded (b) Procedures. (1) Installation Pro- to the Director, USACRC for action. vost Marshals/Directors of Emergency (6) Requests for military police Services will review amendment re- records that have been forwarded to quests. Upon receipt of a request for an USACRC and are no longer on file at amendment of a military police record the installation Provost Marshal Of- that is five or less years old, the instal- fice/Directorate of Emergency Services lation Provost Marshal/Director of will be forwarded to the Director, Emergency Services will gather all rel- USACRC for processing. evant available records at their loca- (7) Requests concerning USACIDC re- tion. The installation Provost Marshal/ ports of investigation or USACIDC files Director of Emergency Services will re- will be referred to the Director, view the request and either approve the USACRC. In each instance, the re- request or forward it to the Director, quester will be informed of the referral USACRC with recommendation and ra- and provided the Director, USACRC ad- tionale for denial. In accordance with dress. AR 340–21, paragraph 1–7l, the Com- (8) Requests concerning records that manding General, USACIDC is the sole are under the supervision of an Army access and amendment authority for activity, or other DOD agency, will be criminal investigation reports and

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military police reports. Access and (b) Provost Marshals/Directors of amendment refusal authority is not Emergency Services will develop local delegable. If the decision is made to procedures to ensure that disclosure amend an MPR, a supplemental DA data requirements by AR 340–21 are Form 3975 will be prepared. The supple- available on request. mental DA Form 3975 will change information on the original DA Form 3975 § 635.15 Release of law enforcement in- and will be mailed to the Director, formation furnished by foreign gov- USACRC with the amendment request ernments or international organiza- tions. from the requestor as an enclosure. The Director, USACRC will file the (a) Information furnished by foreign supplemental DA Form 3975 with the governments or international organiza- original MPR and notify the requestor tions is subject to disclosure, unless ex- of the amendment of the MPR. empted by AR 25–55, AR 340–21, federal (2) Requests to amend military police statutes or executive orders. documents that are older than five (b) Information may be received from years will be coordinated through the a foreign source under an express Director, USACRC. The installation pledge of confidentiality as described Provost Marshal/Director of Emer- in AR 25–55 and AR 340–21 (or under an gency Services will provide the Direc- implied pledge of confidentiality given tor, USACRC a copy of an individual’s prior to September 27, 1975). request to amend a military police (1) Foreign sources will be advised of record on file at the USACRC. If the the provisions of the Privacy Act of Director, USACRC receives an amend- 1974, the FOIA, and the general and ment request, the correspondence with specific law enforcement exemptions any documentation on file at the available, as outlined in AR 340–21 and USACRC will be sent to the originating AR 25–55. Provost Marshal Office/Directorate of (2) Information received under an ex- Emergency Services. The installation press promise of confidentiality will be Provost Marshal/Director of Emer- annotated in the MPR or other applica- gency Services will review the request ble record. and either approve the request or for- (3) Information obtained under terms ward it to the Director, USACRC for of confidentiality must clearly aid in denial. A copy of the Provost Marshal/ furthering a criminal investigation. Director of Emergency Services’ deci- (c) Denial recommendations con- sion must be sent to the Director, cerning information obtained under a USACRC to be filed in the USACRC pledge of confidentiality, like other de- record. If an amendment request is nial recommendations, will be for- granted, copies of the supplemental DA warded by the records custodian to the Form 3975 will be provided to each or- appropriate IDA or AARA per AR 25–55 ganization, activity, or individual who or AR 340–21. received a copy of the original DA (d) Release of U.S. information (clas- Form 3975. sified military information or con- (3) If the Provost Marshal Office/Di- trolled unclassified information) to for- rectorate of Emergency Services no eign governments is accomplished per longer exists, the request will be AR 380–10. staffed with the ACOM, ASCC or DRU Provost Marshal/Director of Emer- Subpart C—Offense Reporting gency Services office that had over- sight responsibility for the Provost § 635.16 General. Marshal Office/Directorate of Emer- (a) This subpart establishes policy for gency Services at the time the DA reporting founded criminal offenses by Form 3975 was originated. Installation Management Command (IMCOM), Army Materiel Command § 635.14 Accounting for military police (AMC) and Medical Command record disclosure. (MEDCOM) installation and ACOM, (a) AR 340–21 prescribes accounting ASCC and DRU Provost Marshal Of- policies and procedures concerning the fices/Directorates of Emergency Serv- disclosure of military police records. ices.

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