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iIK c 7S-1 JuL 7S
DEPARTMENT OF THE AIR FORCE 6"I ApM17(0 AF REGULATION 12-30
Headquarters US Air Force 7 $J a1 7
Washington DC 20330 E Ra4 O Q C.ob 19 February 1975
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DISCLOSURE OF AIR FORCE RECORDS TO THE PUBLIC
This regulation outlines policy and procedure on the disclosure of records, establishes mandatory time
limits, and explains how members of the public may inspect or obtain copies of Air Force records,
under the Freedom of Information Act (a U.S.C. 552, as amended by Public Law 93-502). It implements
DOD Directive 5400.7 and is published in Title 32 C.F.R. 806. It applies to all Air Force activities. In
case of a conflict, this regulation takes precedence over any existing Air Force directive dealing in
whole or in part with the disclosure of records.
Section A-General Information Paragraph
Types of Requests Covered by This Regulation ...................................... 1
Terms Explained ................................................................... 2
Responsibilities .................................................................... 3
Requirement for an Annual Report .................................................. 4
Actions After the Effective Date of This Regulation .................................. 5
Documentation ..................................................................... 6
Programs of Instruction ......................................................... :.. 7
Section B-Policies Governing Disclosure of Records
Basic Policies on Disclosure ......................................................... 8
Specific Policies on Disclosure ...................................................... 9
Records That May Be Withheld From Disclosure ..................................... 10
Partial Denial ...................................................................... 11
Section C-Disclosure and Denial Authorities
Disclosure Authorities .............................................................. 12
Denial Authorities .................................................................. 13
Responsibilities of Disclosure and Denial Authorities ................................ 14
Section D-Processing Requests for Records
Use of Functional Address Indicator ................................................ 15
Responsibilities of the Freedom of Information Manager ............................. 16
Responsibilities of the DAD ......................................................... 17
Processing Procedures .............................................................. 18
Notice of Administrative Extension ................................................. 19
Expedited Handling Required ....................................................... 20
Section E-How the Public Submits Requests for Records
Identify Material Requested ........................................................ 21
Addressing Requests ............................................................... 22
Section F-Appeals From Denials To Make Records Available
Filing and Appeal .................................................................. 23
Attachments
1. (Map) USAF Active Major Installations ..........................................
2. Where To Address Requests for Records of Military Personnel ....................
3. Where To Address Requests for Air Force Technical, Supply, and
Engineering Publications and Data ...............................................
4. Sample Format for Letter Denying Request for Access to or for
Obtaining Copy of Records ......................................................
5. Sample Format for Letter Complying With Request ................................
Page
12
13
page.)
JPR: DAD
DISTRIBUTION: B
HQ USAF (LA)
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h. Sample Format for Letter Notifying Requester of Misdirected Request .............
7, Sample Format for Letter Notifying Requester of Extension of Time ........:.......
H. Schedule of Fees for Searching and Duplicating Under the
Freedom of Information Act ......................................................
fables
1. Special Release Procedures for Certain Types of Records ..........................
2. Disransure Authority for Specialized Requests ....................................
3. Where. To Send Requests .........................................................
SECTIONA-GENERALINFORMATION e(1) The tterm els such a d s"rdoes not
tuincude
obj
1. Type of Requests Covered by This Regulation: paintings, sculpture, three-dimensional models,
a. This regulation governs the disclosure of vehicles, equipment, and so forth, whatever their
records to the general public, including military historical value as "evidence."
and civilian personnel who are acting as private (2) Records are not limited to permanent or
r.tlizens. historical documents; they include contem-
b. In addition to the general procedures outlin- poraneous ones as well.
ed in this regulation, some records are subject to (3) Formulae, designs, drawings, research
,pei.ialized or limited disclosure procedures, data, computer programs, technical data
such as those listed here in table 1. packages, and so forth, are not considered
"records" within the Congressional intent of 5
2. Terms Explained: U.S.C. 552. Because of development costs,
a. Denial Authority. Anyone having the utilization, or value, these items are considered
authority to deny the disclosure of records property, not preserved for informational value
requested by the public. or as evidence of agency functions, but as
h. Determination. The decision either to grant exploitable resources to be utilized in the best
or deny a request from the public for records. interest of all the public.
c. Disclosure. The act of making a record (a) Requests for copies of such material
available for inspection, or of providing a copy of shall be evaluated in accordance with policies
the record, to the public when requested. expressly directed to the appropriate dissemina-
d. Disclosure Authority. Anyone having the tion or use of such property.
authority to disclose records requested by the (b) Requests to inspect such material to
public.. determine its content for informational purposes
e. Freedom of Information (FOI) Manager. The shall normally be granted, however, unless in-
pcrson responsible for managing the Freedom of spection is inconsistent with the obligation to
Information Program at each level. protect the property value of the material, as for
I. Functional Address Indicator DADF. DADF example, may be true for certain formulae.
is the indicator to identify all forms of com-
munications pertaining to requests under the 3. Responsibilities. In carrying out the objectives
Freedom of Information Act (see AF'10-6). and requirements of the Freedom of Information
g. Partial Denial. A determination that any Act, as amended, the following responsibilities
portion of a requested record be withheld. are assigned:
h. Records. For the purpose of this regulation,
records" as defined in 44 U.S.C. 3301, and a. Administrative Assistant to the Secretary of
quoted below, should be used as a guide: the Air Force (SAF/AA). Overall responsibility
"As used in this chapter, 'records' includes within the Air Force for implementation of and
all books, papers, maps, photographs , or compliance with the Act. Responsible for final
other documentary materials, regardless of decision of appeals (see pars 23).
physical form or characteristics, made or b. Director of Administration, HQ USAF/DA.
received by any agency of the Iinited States Responsible for the administration and supervi-
Government under Federal law or in cunnec- sion of the policies and procedures prescribed
Lion with the transaction of public business within this regulation; for submitting the annual
and preserved or appropriate for preserva- report; and for developing an Air Force program
lion by that agency or its legitimate of instruction on the Freedom of Information Act.
successor as evidence of the organization,
functions, policies, decisions, procedures, c. Commanders of Major Commands and
operations or other activilies of the Govern- Separate Operating Agencies of the Air Force.
meni or bueaiiseof the informational value of Responsible for implementing this regulation
.4,,,.. , ,L..._ " within their commands and agencies.
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AFR 12-30 19 February 1975
w_(_ -7 (. -P
.able 1. Special Release Procedures for Certain Types of Records.
Accident/Incident Investigation and Reports ...............................
AFR 127-4
Background. Criminal. and Counterintelligence Reports of Investigation ....
AFR 124-4
Civilian Personnel Records ...............................................
Federal Personnel Manual, Chap 294, and
AF Supplement to it
Classified Records ........................................................
DOD ISPR 5200.1R/AFR 205-1
t
l I
ti
f Ai
ft
d Mi
il
A
id
t
ll
ti
C
AFR 110
14
ons o
s .................
nves
rcra
an
ss
e
cc
en
o
a
era
ga
-
Computer System.Descript ion. Programs, and Related Documentation ......
AFM-t?' 1.ec.L
Drug/Alcohol Abuse Programs Documentation .............................
AFR 30-2
Inspection Reports .......................................................
AFR 123-1
Inspector General Investigation ...........................................
APR 120-3
Litigation ................................................................
AFR 110-5
Medical Rrcords..
.......................... ............. .. .. ........ ....
AF 163-4
- rnn696_f
Military Personnel Records ...............................................
AFR46-4im3.0-64 11^'76-1
News Media .............................................................
AFR 190-12
Procurement Information Reports .........................................
Armed Services Procurement
Regulations IASPRsI
Release of Test Results on Commercial Equipment .........................
AFR 80-24
Unclassified Records of Trials After Courts-martial ........................
AFM 111-1
d. FOI Managers (DAD) at All Levels of the Air
'orce. Overall responsibility for controlling and
irocessing all requests for records; for obtaining
recommended determinations from the office of
primary responsibility for the records requested;
for collecting fees: and for submitting required
reports.
e. Disclosure and Denial Authorities. Their
responsibilities are set forth in para 14.
I. Office of Primary Responsibility for the
Requested Record. Responsible for providing the
requested record and for assisting the disclosure
authority in making a determination within
prescribed 10-day time limit.
g. The Office Designated by the FOI Manager
To Process Requests. Responsible forcontrol and
suspense of requests and promptly making
records available within the prescribed 10-day
time limit.
4. Requirement for an Annual Report. The DAD
at each major command and separate operating
agency of the Air Force and HQ USAF/DADP
must furnish an annual report on Freedom of
Information Art activities during the calendar
year. The Report Control Symbol is DD-
PA(A)1365. The report must be submitted to FIQ
USAF/DAD on or before 15 January of each year.
The report must include:
a. The number of requests processed under this
egulation.
b. The number of determinations made not to
comply with requests for records made under
this regulation and the reasons for each such
determination.
c. The names and titles or positions of each
person responsible for the denial of records
requested under this regulation, and the number
of instances of participation for each.
d. The total amount of fees collected for making
records available under this regulation.
e. A copy of each command supplement or
other instructions issued to implement this
regulation.
f. All information that indicates efforts to
instruct and educate personnel and to administer
fully the Freedom of Information Act.
g. Such data on the costs of processing requests
under this regulation as can reasonably be ascer-
tained or estimated.
h. Any problems incurred in implementing this
regulation and any solutions for those problems.
5. Actions After the Effective Date of This
Regulation. Any requests for records or ad-
ministrative appeals still pending in the Air
Force on the effective date will become subject to
this regulation.
6. Documentation. Dispose of documentation
prescribed by this directive in accordance with
AFM 12-50.
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7. Programs of Instruction. HQ USAF/DAD will
establish programs of instruction on the
provisions and requirements of this regulation
for all officials and employees who contribute to
the implementation of the Freedom of Informa-
tion Act.
SECTION B-POLICIES GOVERNING DIS-
CLOSURE OF RECORDS
8. Basic Policies on Disclosure:
a. It is the policy of the Departments of Defense
and the Air Force to make available to the public
the maximum amount of information and records
concerning their operations and activities.
b. This basic policy is subject to the necessary
exemptions recognized in 5 U.S.C. 552(b); that is,
certain records may need to be withheld from
public disclosure, as explained in para 10.
However, even when such nondisclosure is so
authorized, the request for disclosure may be
granted, at the sole discretion of the Air Force, if
no significant and legitimate governmental pur-
pose is served by withhholding them.
c. Determination that a record should be
withheld must not be influenced by the possibili-
ty that its release might suggest administrative
error or inefficiency, or might otherwise em-
barrass the Air Force or an official of the Air
Force.
d. A request for a record is considered satisfied
when one copy is provided, which may be
reproduced by the requester.
9. Specific Policies on Disclosure:
a. Any "reasonably described" material (see
below) in the possession of the Air Force that
qualifies as a "record" (as defined in para 2h) and
is not exempt from disclosure under para 10,
should be made available upon written request
from any person.
b. To be considered "reasonably described,"
the record must already exist at the time of the
request; that is, there is no obligation to create a
record to satisfy a request for information.
However, if the information exists in the form of
several records at so many different locations
that gathering the information would involve
excessive administrative costs, the requester
should he referred to the sources at those
locations.
c. A requester must be reasonably specific in
identifying each record he would like made
available. The Air Force is not required to permit
the requester to browse through entire files or
large series of records to find a record he may
then "identify." The Air Force must make a
reasonable effort to locate any records requested.
(1) A request for a specific record should not
be denied solely because the record is maintained
by computer.
AFR 12-30 19 February 1975
(2) The request may be denied only by an
official designated in table 2, as explained in
section C. (Other Air Force directives may also
contain specific procedures for release or denial
of records; see table 1.)
d. Under 5 U.S.C. 552(a)(4(A)) and 31 U.S.C.
483a, requesters are charged the reasonable
standard costs to the Air Force for searching and
duplication.
(1) Charges are determined as explained here
in atch 8.
(2) No charge is made to the public for the use
of an established reading room or reference
library.
(3) The fee shall not include the cost of
determining whether the record is exempt from
disclosure under para 10, or whether it would
serve a significant and legitimate governmental
purpose to withhold the record.
e. Official requests for records received direct-
ly from foreign governments, their represen-
tatives, or international commands, may be
answered only by offices holding delegation of
disclosure authority letters as described in AFR
200-9. Other Air Force recipients must send such
correspondence to the foreign disclosure policy
office within their major command, or to HQ
USAF/CVAFI.
10. Records That May Be Withheld From
Disclosure. Records or portions of records which
fall in one or more of the exemptions listed in
subparas a through i below are exempt from
disclosure to the public. (NOTE: These sub-
paragraphs are taken from DOD Directive
5400.7.) Nevertheless, any request for such a
record will not be denied unless it is also
determined that a significant and legitimate
governmental purpose would be served by exer-
cising the exemption. If only a portion of the
record is determined to be exempt, the rest of the
record must be disclosed (see para 11).
a. Those properly and currently classified in
the interest of national defense or foreign policy,
as specifically authorized under the criteria
established by Executive Order and im-
plemented by regulations.
b. Those containing rules, regulations. orders,
manuals, directives, and instructions relating to
the internal personnel rules or to the internal
practices of the Air Force, if their release to the
public would substantially hinder the effective
performance of a significant function of the Air
Force.
(1) Operating rules, guidelines and manuals
for Air Force investigators, inspectors, auditors,
or examiners, and certain schedules or methods
of operation which would reveal:
(a) Negotiating and bargaining techni-
ques.
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AFR 12-30 19 February 1975
1. For use in litigation .....................................
2. Records of trial after courts-martial .....................
3. Medical Records ........................................
The judge Advocate General, or other authority
listed in AFR 110-5
The judge Advocate General, or other authority
listed in AFR 111-2
The director, base medical services, or a designated
medical officer, subject to the requirements of
AFM 168-4
4. Inspector General Report of Investigation ................
5. Inspection Reports ......................................
6. Primary accident /incident investigations (excludes
ground/explosive accidents) ............................
7. Collateral accident/incident investigations ...............
8. AF Office of Special Investigation reports of
investigation ....... ........................
As outlined in AFR 120-3
As outlined in AFR 123-1
As outlined in AFR 127-4
As outlined in AFR 110-14
9. Classified Records ...................................... The original classifier or the office currently
responsible for the classification of the subject
matter pursuant to DOD ISPR 5200.1R
(b) Bargaining limitations and positions.
(c) Inspection schedules and methods.
(d) Audit schedules and methods.
(2) Personnnel and other administrative
matters such as examination questions and
answers used in training courses or in the
determination of the qualifications of candidates
for employment, entrance to duty, advancement,
or promotion.
c. Those containing information which
statutes authorize or require be withheld from
the public. The authorization or requirement may
be found in the terms of the statute itself or in
Executive Orders or regulations authorized by,
or in implementation of, a statute.
(1) Trade, technical, and financial informa-
tion provided in confidence by businesses.
(2) National Security Agency information.
(3) Any records containing information
relating to inventions which are the subject of
patent applications on which the Patent Secrecy
Orders have been issued.
(4) The Privacy Act of 1974.
(5) Restricted Data and Formerly Restricted
Data.
d. Those containing trade secrets or commer-
cial or financial information which the Air Force
receives from a person with the understanding
that it will be retained on a privileged or.con-
fidential basis in accordance with customary
handling of such records. Such records are those
the disclosure of which would cause substantial
harm to the competitive position of the person
providing the information; impair the
Government's ability to obtain necessary infor-
mation in the future; or impair some other
legitimate governmental interest. Examples in-
clude records which contain:
(1) Commercial or financial information
received in confidence in connection with loans,
bids, contracts, or proposals, as well as other
information received in confidence, or privileged,
such as trade secrets, inventions and discoveries,
or other proprietary data.
(2) Statistical data and commercial or finan-
cial information concerning contract perfor-
mance, income, profits, losses and expenditures,
if offered and received in confidence from a
contractor or potential contractor.
(3) Information customarily considered
privileged or confidential under the rules of
evidence in the Federal courts, such as informa-
tion coming within the doctor-patient, lawyer-
client, and priest-penitent privileges
(4) Personal statements given in the course
of inspections, investigations, or audits, where
such statements are received in confidence from
the individual and retained in confidence
because they cover trade secrets or commerical
or financial information normally considered
confidential or privileged, or because they are
essential to an effective inspection, investiga-
tion, or audit.
(5) Data provided in confidence by private
employers in connection with locality wage
surveys which are used to fix and adjust pay
schedules applicable to prevailing rate
employees within the Air Force.
e. Except as provided in subparas (2) through
(5) below, internal communications within and
among agencies and components.
(1) Examples include:
(a) Staff papers containing staff advice,
opinions, or suggestions.
(b) Information received or generated by
the Air Force preliminary to a decision or action,
including draft versions of documents, where
premature disclosure would interfere with the
orderly conduct of government. (Preliminary or
draft documents received from other governmen-
tal organizations are not Air Force records and
may not be released by the Air Force without the
agreement of the organization.)
(c) Advice, suggestions, or reports
prepared on behalf of the Air Force by boards,
committees, councils, groups, panels, con-
ferences, commissions, task forces, or other
similar groups that are formed by the Air Force to
obtain advice and recommendations, or by in-
dividual consultants.
(d) Those portions of Air Force
evaluations of contractors and their products
which contain recommendations or advice by
government employees about the contractor or
product.
(e) Advance information on such matters
as proposed plans to procure, lease, or otherwise
acquire and dispose of materials, real estate,
facilities, or functions when such information
would provide undue or unfair competitive ad-
vantage to private personal interests.
(f) Records which are exchanged among
agency personnel or within and among com-
ponents or agencies preparing for anticipated
legal proceedings before any federal, state or
military court or before any regulatory body.
(g) Reports of inspections, audits, in-
vestigations or surveys which pertain to safety,
security, or the internal management, ad-
ministration, or operation of the Air Force.
(2) If any such intra- or inter-agency record,
or reasonably segregable portion of such record
would routinely be made available through the
discovery process in the course of litigation with
the Air Force, (that is, the process by which
litigants obtain information from each other that
is relevant to the issues in a trial or hearing) then
it should not be withheld from the general public.
If, however, the information would only be made
available through the discovery process by
special order of the court based on the particular
needs of a litigant balanced against the interests
of the Air Force in maintaining its confidentiali-
ty, then the record or document should not be
made available to a member of the general public.
(3) Intra- or inter-agency memorandums or
letters which are factual, or those reasonably
segregable portions which are factual, are
routinely made available through discovery, and
should, therefore, be made available to a re-
quester unless the factual material is otherwise
exempt from release.
(4) A direction or order from a superior to a
subordinate, though contained in internal com-
munication is generally not withholdable from a
requester if it constitutes policy guidance or a
decision, as distinguished from a discussion of
preliminary matters that would compromise the
decision-making process.
(5) An internal communication concerning a
decision which subsequently has been made a
matter of public record should normally be made
available to a requester when it furnishes the
best support, explanation, or rationale for the
decision.
f. Information in personnel and medical files,
as well as information in similar files that, if
disclosed to a member of the public, would result
in a clearly unwarranted invasion of personal
privacy.
(1) Examples of files similar to personnel and
medical files include:
(a) Those compiled to evaluate or ad-
judicate the suitability of candidates for civilian
employment and the eligibility of individuals,
civilian, military or industrial, for security
clearances, or for access to particularly sensitive
classified information.
(b) Files containing reports, records, and
other material pertaining to personnel matters in
which administrative action, including dis-
ciplinary action, may be taken.
(2) In determining whether the release of
information would result in a "clearly un-
warranted invasion of personal privacy," con-
sideration should be given to the stated or
assumed purpose of the request. When deter-
mining whether a release is "clearly un-
warranted," the public interest in satisfying this
purpose must be balanced against the sensitivity
of the privacy interest being threatened.
(3) When the only basis for withholding
information is protection of the personal privacy
of an individual who is the subject of the record,
the information should not be withheld from him
or from his designated legal representative. A
clearly unwarranted invasion of the privacy of
others appearing in that record may, however,
constitute a basis for deleting reasonably
segregable portions of the record even when
providing it to the subject of the record.
(4) An individual's personnel, medical, or
similar files may be withheld from him or from
his designated legal representative only to the
extent consistent with the Privacy Act of 1974,
after its effective date of 27 September 1975.
g. Those investigative records compiled for the
purpose of enforcing civil, criminal, or military
law, including the implementation of Executive
Orders, or regulations validly adopted pursuant
to law.
(1) But only to the extent that their release
would:
(a) Interfere with enforcement
proceedings;
(b) Deprive a person of the right to a fair
trial or an impartial adjudication;
(c) Constitute an unwarranted invasion of
personal privacy;
(d) Disclose the identity of a confidential
source;
(e) Disclose confidential information
furnished only from a confidential source ob-
tained by a criminal law enforcement authority
in a criminal investigation or by an agency
conducting a lawful national security in-
telligence investigation;
(f) Disclose investigative techniques and
procedures not already in the public domain and
requiring protection against public disclosure to
insure their effectiveness;
(g) Endanger the life or physical safety of
law enforcement personnel.
(2) Examples include:
(a) Statements of witnesses, and other
material developed during the course of the
investigation, and all materials prepared in con-
nection with related government litigation or
adjudicative proceedings.
(h) The identity of firms or individuals
suspended from contracting with the Air Force or
being investigated for alleged irregularities
when no indictment has been obtained nor any
civil action filed against them by the United
States.
(c) Information obtained in confidence,
expressed or implied, in the course of (a) a
criminal investigation by a criminal law enforce-
ment agency or office within the Air Force; or (b)
a lawful national security intelligence investiga-
tion conducted by an authorized agency or office
within the Air Force for the purpose of obtaining:
1. Affirmative or counter intelligence
information, or
2. Background investigation informa-
tion needed to determine suitability for employ-
ment or eligibility for access to classified infor-
mation.
(3) The right of individual litigants to in-
vestigative records currently available by law is
not diminished.
(4) When the subject of an investigative
record is the requester of that record, it may be
withheld after 27 September 1975, only in accor-
dance with regulation implementing the Privacy
Act of 1974. After 27 September 1975, the
effective date of the Privacy Act of 1974,, the
identity of the source of information obtained in
confidence may be withheld in accordance with
an implied or express promise of confidentiality
given prior to that date and in accordance with an
express promise of confidentiality after that
date. Information from which the confidential
source can be deduced may also be withheld.
h. Those contained in or related to examina-
tion, operating or condition reports prepared by,
on behalf of, or for the use of any agency
responsible for the regulation or supervision of
financial institutions.
i. Those containing geological and geophysical
information and data (including maps) concer-
ning wells.
11. Partial Denial. Exempt portions of a re-
quested record should be deleted and the remain-
ing reasonably segregable portions should be
disclosed to the requester. If the meaning of the
nonexempt portions is distorted by the deletions,
or if the nonexempt portions indirectly reveal the
exempt portions of the record, those nonexempt
portions which result in the distortion or revela-
tion do not need to be disclosed.
a. Here, "reasonable segregation" means
segregating the record by the portions that were
separately evaluated under a system for
designating exempt portions at the time the
record was originated. (To illustrate, see how
certain paragraphs in DOD ISPR 5200.1R have
been designated as classified information.)
b. Each deletion shall be fully justified in
writing. If any part of a requested record is
withheld it is considered a partial denial, and
paras 13b and c apply.
SECTION C-DISCLOSURE AND DENIAL
AUTHORITIES
12. Disclosure Authorities. The authority to
disclose records of a routine nature, such as
standard publications, photographs and local
reports, may be delegated to a lower level than
indicated below. This level however, must be
high enough to insure that releases are made by a
responsible authority and according to the policy
outlined here.
a. Except for the types of records listed in table
2, or as specifically authorized by other Air Force
directives, the following officials have authority
to disclose records:
(1) Chiefs of Offices at directorate or higher
level at HQ USAF.
(2) Commanders at major command or
separate operating agency of the Air Force. This
authority may be delegated to directorate or
comparable level at major command head-
quarters and to the level of installation, wing or
comparable commanders.
b. The officers and officials listed in table 2
have authority to disclose or deny the specific
types of records cited, if appropriate under this
regulation.
13. Denial Authorities. The authority to deny the
disclosure of records to the public will not be
delegated to a lower level than specified below
unless approved by SAF/AA. Such request will
be forwarded to HQ USAF/DA.
a. Only the following officials or their designee
have the authority to deny the release of records:
(1) Deputy chiefs of staff and.chiefs of
comparable offices or higher level at HQ USAF.
(2) Commanders of major commands or of
separate operating agencies of the Air Force.
b. These denial authorities will, however,
consult with the Staff Judge Advocate before
making a determination to deny, or partially
deny, a request for the disclosure of records.
14. Responsibilities of Disclosure and Denial
Authorities:
a. The officials who have been designated as
disclosure and denial authorities (see paras 12
and 13) will:
(1) Consider that a request is "received" by
the Air Force when it is received by the DAD
responsible for processing such requests; also
within 10 days after its receipt (except Satur-
days, Sundays, and legal public holidays), deter-
mine whether or not to comply with the request.
Failure to make a determination within the time
limits, permits the requester to seek immediate
judicial action.
(2) Immediately notify the person making
the request of this determination. If this deter-
mination is adverse, notify the requester of the
reason, and of the right to appeal. (See atch 4 for a
sample denial letter; also see para 23, for the
appeal procedure.)
(3) In unusual circumstances, as outlined in
para 19, notify the requester (see sample letter,
atch 7) that the processing will require an
administrative extension of up to 10 workdays
(except Saturdays, Sundays, and legal public
holidays).
(4) Make a timely determination on whether
to approve or deny a request. If the determination
cannot be met within the time limits, notify the
next highest command in writing, signed by the
proper authority, and explain the reason for not
complying with the time limit. Send an informa-
tion copy of this notification to HQ USAF/JACL,
Wash DC 20314 and HQ USAF/DAD, Wash DC
20330, together with a copy of the request.
h. The official who denies a request must send
a copy of the denial to HQ USAF/JACL, Wash DC
20314, together with a copy of the incoming
request. The notice of denial must state the name
and title or positon of the official who denied the
release.
SECTION D-PROCESSING REQUESTS FOR
RECORDS
15. Use of Functional Address Indicator. The
functional address indicator DADF will be used
throughout the Air Force to designate the office
responsible for processing all Freedom of Infor-
mation requests for records from the public.
16. Responsibilities of the Freedom of Informa-
tion Manager.. Documentation management of-
ficers and documentation managers at all levels
of the Air Force are designated as Freedom of
Information Managers. The Freedom of Informa-
tion Manager has the overall responsibility for
the processing of all requests for records.
17. Responsibilities of the DAD. Within each
activity, the DAD is the office of responsibility
for processing requests for records. As such, it
will:
a. Be the focal point for:
(1) Receiving and processing requests for
records, as explained below (para 18).
(2) Providing facilities and services for in-
specting, copying, and furnishing extra copies of
records.
(3) Collecting fees and charges, if ap-
propriate. Charge for publications and forms and
for searching and duplicating records according
to attachment 8. If a request is received for a
publication that the AFR 0-series indicates is on
sale at the Government Printing Office, inform
the requester that:
(a) A copy will be provided for him at the
prevailing rate, if he desires; but
(b) He may be able to purchase the docu-
ment at a lower price from the Superintendent of
Documents, US Government Printing Office,
Wash DC 20402.
b. Make available to the general public, the
reference use of master publication libraries
established under AFR 5-31. Do not charge for
the use of normal library research services.
(1) If the document requested is a
departmental publication that has been marked
"FOR OFFICIAL USE ONLY" in accordance with
AFR 12-31, transfer the request to HQ
USAF/DADF for a response under the policies
outlined here (see especially para 19c for
guidance).
(2) If the document requested is a
departmental publication that has not been
marked "FOR OFFICIAL USE ONLY," make it
available promptly, without review.
AFR 12-30 19 February 1975
(3) If the publication contains copyrighted
material, it may be made available for public
inspection, but because the sale or copying of
such publications may be restricted, refer the
request to OPR for processing under AFR 110-8.
c. Establish coordination and local working
agreements between administrative reference
libraries and other functional areas that main-
tain technical, professional, and specialized
types of documentation.
ci. Notify the requester that the request cannot
be satisfied if the record is not reasonably
described. Request that, if possible, the requester
send further identification. This kind of notifica-
tion is not considered a denial under para 10.
e. Send requests promptly and direct to other
Government agencies if the requested record is in
their possession. Notify the requester of the
referral. If the request is for copies of material
primarily concerning a member of Congress or a
Congressional committee, or for transcripts of
testimony given before a Congressional com-
mittee, refer the requester to the member or
committee involved.
18. Processing Procedures. When a request is
received for disclosure of records under the
Freedom of Information Act, DAD will:
a. Record the date and time the request was
received, and assign a suspense date to the
request.
b. Acknowledge receipt of request if 10
workdays or more have elapsed between the
postmark date on the request and the date
received, or where unusual problems are readily
apparent. Acknowledgment of routine requests
is not necessary.
c. Refer the request to the office that has
possesion of the record, and any other office that
should be consulted (for example, the Staff Judge
Advocate) in determining whether to disclose the
record or deny the request.
d. Notify the information officer, if the request
asks for records that contain potentially
newsworthy material, or if the request is receiv-
ed from a representative of the news media.
e. If the records have been retired to a records
center (or other repository), take the action
outlined in AFM 12-50, chap 9, and in the
attachments to that directive.
f. Consult with higher headquarters or other
activities that have an interest in the requested
material (or ask the office of primary respon-
sibility to do this). For example, if the document
is one that the Air Force received, it may be
proper to consult the originator; conversely, if
the Air Force originated the document, it may be
proper to consult the recipient, in determining
whether it should be released.
g. If the disclosure authority determines that
the Air Force may make the material available,
take one of the following actions:
(1) If the requester asked to inspect the
record, tell him where and when it may be
inspected. Inform him of the amount of the fee, if
one is to be charged under atch 8.
(2) If the requester asked for a copy of the
record, inform him of the fee required under atch
8, and explain that DAD will furnish the copy
upon payment. If the request is urgent, he may be
given the copy before payment.
h. If the disclosure authority is not authorized
by pars 12 to deny the request, DAD should send
the proposed denial directly to the proper denial
authority for decision; it will include the case file
and a statement of reasons for not disclosing the
requested material. This referral must be given
the highest priority action, because the denial
authority must make this determination within
the prescribed time limits.
i. The denial authority makes the determina-
tion to disclose or deny the request for records
within the prescribed time limitations.
19. Notice of Administrative Extension. In un-
usual circumstances, the FOI Manager has the
authority to authorize an administrative exten-
sion of the time limit for processing a request, by
giving written notice to the requester, explaining
the reason for the extension, and the date on
which a notice of determination is expected to be
dispatched. The notice will not specify a date
that would be an extension of more than 10
workdays (except Saturdays, Sundays, and legal
public holidays). Copies of this written notice
must be sent to the next highest command with
information copies to HQ USAF/JACL and DAD,
Wash DC 20330. (See sample letter in atch 7.)
"Unusual circumstances" means:
a. The need to search for and collect the
requested records from field facilities or other
establishments that are separate from the in-
stallation processing the request.
b. The need to search for, collect, and ap-
propriately examine a voluminous amount of
separate and distinct records which are demand-
ed in a single request.
c. The need for consultation, which must be
conducted with all practicable speed.
(1) With another agency having a substantial
interest in the determination of the request, or
(2) Among two or more geographically
separated installations of the Air Force having
substantial subject matter interest therein.
20. Expedited Handling Required. The Air Force
will give highest priority at each echelon to the
handling of any request from a member of the
Approved For Release 2011/09/29 : CIA-RDP90BOO170R000100040021-7
public to inspect or copy records. Each Air Force
office should make every effort to avoid creating
procedural obstacles and compensate for inter-
nal Air Force organizational problems, for exam-
ple, when a reorganization (or transfer of func-
tion) contributes to an improperly directed re-
quest. Specifically:
a. If an office receives an improperly directed
request for records, it must notify the proper
DADF office immediately, and ask for instruc-
tions on how to refer the request.
b. All Air Force personnel must make every
reasonable effort to assist requesters in directing
requests for records to the proper authorities (see
AFR 11-25).
SECTION E-HOW THE PUBLIC SUBMITS
REQUESTS FOR RECORDS
21. Identify Material Requested. Requests to
inspect or obtain copies of records will he made
in writing. The request should contain at least
the following information:
a. An identification as complete as possible of
the desired material, including (if known) its
title, description, its number, date, and the
issuing authority.
b. If the request concerns a matter of official
record about civilian or military personnel, the
request must identify the person as follows: first
name, middle name or initial, and surname; date
and place of birth: and social security account
number (or Air Force service number), if known.
c. A statement as to whether the requester
wishes to inspect the record or obtain a copy of it.
d. If the request is for information which is part
of a military service record, the request may be
submitted on a Standard Form 180, Request
Pertaining to Military Records. Any agency may
furnish copies of the SF 180 to the public to
facilitate an unofficial inquiry, or may direct a
nongovernmental organization to the
Superintendent of Documents to purchase quan-
tities of the form.
22. Addressing Requests. To expedite process-
ing, requesters should address their requests as
shown in table 3. In addressing correspondence
concerning their request for records to any Air
Force activity, requesters should use the func-
tional address indicator DADF (DADF is the
standard Air Force-wide symbol to identify a
request for records under the Freedom of Infor-
mation Act). The mandatory time limit does not
begin until the request is received by the proper
DADF responsible for processing the request.
For matters of record concerning civilian employees
currently employed by the Air Force
For matters of record concerning civilian employees no
longer employed by the Federal service
For matters of record concerning members and former
members of the Air Force, Air Force Reserve, or
Air National Guard
For standard publications (that is, regulations, etc.,
as defined in AFM 5-1)
For Air Force technical, supply and engineering
publications and data
For major command standard (that is, administrative)
publications
For reports of investigation compiled by the Air Force OSI
For audiovisual materials (still photographs, motion pic-
tares, and audio recordings) held at USAF depositories
For other records, where the location is known
For other records, where the location is not known
HQ USAF/IACL (thru HQ USAF/DADF) Wash DC20330;or
thru DADF at the activity where the record is located.
The civilian personnel officer (thru DADF) of base or
activity where the civilian is employed.
National Personnel Records Center, GSA (Civilian Personnel
Records), Ill Winnebago St. St Louis MO 63118.
See table in atch 2 on where to address these inquiries.
The DADF at nearest Air Force installation (see map in
atch 1), except: for the District of Columbia, to HQ
USAF/DADF, Wash DC 20330; and for remainder of the
Metropolitan Washington DC area, to HQ COMD/DADF,
Boiling AFB, Wash DC 20332.
See reference table in atch 3.
HQ AFOSI/DADF, Forrestal Building, Wash DC 20314.
HQ USAF (SAF/OIPL) thru AF/DADF, Wash DC 20330.
The DADF where the record is located.
HQ USAF/DADF, Wash DC 20330.
Approved For Release 2011/09/29 : CIA-RDP90B00170R000100040021-7
AFR 12-30 19 February 1975
SECTION F-APPEALS FROM DENIALS TO
MAKE RECORDS AVAILABLE
23. Filing an Appeal:
a. When a request to copy or inspect a record
has been denied, the requester may appeal the
denial, separately in writing, to the Office of the
Secretary of the Air Force, within 45 days of
denial.
(1) A requester will not be considered to have
exhausted his administrative remedies within
the Department of the Air Force unless such an
appeal has been filed and a secretarial decision
made on that appeal. That decision is the final
Air Force action on the request. (See exception in
(2) below.)
(2) The requester will also be deemed to have
exhausted his administrative remedies within
the Air Force, if the Air Force fails to comply with
the time limits prescribed here.
b. The requester should address the appeal to
the Office of the Secretary of the Air Force, and
send it through the denial authority who denied
the request. (For example, if HQAFLCdenied the
request, the requester should send the appeal to
the Office of the Secretary of the Air Force,
through, Commander, AFLC, Wright-Patterson
AFB OH 45433.) The appeal should outline the
requester's arguments and reasons for submit-
ting the appeal. The appeal may not be made in
person, except at the discretion of the Secretary
of the Air Force.
c. The denial authority will send the appeal to
HQ USAF/JACL promptly for processing,
together with a copy of the requested record. (If
the requested record is too bulky to send,
describe it sufficiently to permit a proper deter-
mination on the request.) If the initial time limit
was extended, give the number of additional
days used in making the determination. HQ
USAF/JACL will either release the requested
record or forward the appeal to the Office of the
Secretary , SAF/AA, for final determination.
d. Within 20 workdays (except Saturdays,
Sundays, and legal holidays) after the appeal is
received by the Office of the Secretary of the Air
Force, a determination will be made on that
appeal.
(1) If the denial is upheld, in whole or in part,
the Secretary's office will notify the requester of
that determination, explain the reasons for the
denial, and inform the requester of his right to a
judicial review of that determination, upon com-
plaint to the District Court of the United States in
one of the following places: in the district where
the requester resides; in the district where the
requester's principal business is located; in the
district where the Air Force records are situated;
or in the District of Columbia.
(2) If the appeal is granted, OSAF will advise
the requester in writing.
(3) If the final denial is based in whole or part
on a security classification, the requester will be
advised of his optional right to seek
declassificaion of the record by the Interagency
Classification Review Committee in lieu of im-
mediate judicial review.
OFFICIAL DAVID C. JONES, General, USAF
Chief of Staff
JACK R. BENSON, Colonel, USAF
Director of Administration
SUMMARY OF REVISED, DELETED, OR ADDED MATERIAL
This revision establishes procedures to permit more rapid access to releasable information, outlines
new policy on determining what is releasable under the Freedom of Information Act, as amended. It is a
complete revision of the previous version of this regulation.
USAF ACTIVE MAJOR INSTALLATIONS
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