SUBJECT: Penal/mental/correctional institution requests

1. Purpose. This memorandum issues and transmits instructions for handling requests from Federal, state, county, and local penal/mental/correctional institutions (including police departments) for military service and medical data needed in planning welfare, treatment, and rehabilitation programs, and in making determinations concerning probation and parole.

2. Cancellation. NPRC 1865.44C is canceled.

3. Reason for revision. This revision: (1) corrects form numbers from GSA to NA; (2) provides for referring requesters to the VA toll-free telephone number, rather than to the office to which a medical record was charged out; and (3) updates the names and addresses of military facilities to which some requests must be forwarded. Also, some portions have been removed because they describe standard operating procedures that do not need to be repeated in individual memorandums, such as the need to make positive identification of the veteran of record before responding to the request.

4. Instructions. The instructions for answering these requests are contained in the attachment. Exception: Requests from PRIVATE hospitals are not covered herein. See NPRC 1865.103, ch. 4, for information on requests involving medical records.

5. Forms. This memorandum provides for the use of the following forms:

NA Form 13045, Informal Information Reply
NA Form 13051, Transmittal
NA Form 13053, National Personnel Records Center Acknowledgement/Referral
NA Form 13072, Summary of Military Service
NA Form 13075, Questionnaire About Military Service
NA Form 13098, NPRC Routing Slip
DD Form 214, Report of Separation from Active Duty
Standard Form 180, Request Pertaining to Military Records
WD AGO Form 40, Certificate of Disability for Discharge
 

DAVID L. PETREE
Director

1. Release. If the requester is verified as a "routine use" for the system of records, furnish the requested information from personnel and/or health records, or furnish copies. This includes, when specifically requested, information or copies pertaining to confinement and/or academic records. See NPRC 1865.16, Release and Access Guide, apps. A-E. The information may also be released if the request is signed by the head of the agency and states the law enforcement activity for which the record is sought.

2. Completing reply.

     a. Form of reply. Make reply on request form, if it is suitable for such use. See fig. 1. If not, use NA Form 13072, Summary of Military Service. See fig. 2. If latter is used, be sure to show the requester's complete reference or file number. (The Illinois Department of Mental Health permits MPR to place a red checkmark next to items that are correctly shown on their requests, such as name, service number, etc., and then to show dates of service and character of discharge informally on the reverse. This is optional and need not be followed if the NA Form 13072 is used for the response. These requests are from the Department of Mental Health's Veterans Service Coordinators located in institutions throughout Illinois. This method may be suitable for other large scale requesters, but it should not be used without prior clearance by the Assistant Director for Military Records.)

     b. Dates of service. Show only active service. If there are several periods of continuous active service, all ending in the same character of discharge, show beginning date and ending date only. If not continuous, or if all periods did not end in the same character of discharge, show each period separately. Note that if there is no extended period of active duty for those veterans who had active duty for training only, the following should be writ-

ten, "No active duty other than active duty for training." If there was not even any active duty for training, write, "No active duty or active duty for training. Only duty performed was __________." (An example would be ROTC.)

     c. Separation information. Furnish character of separation for each period of active service shown. If discharge was Bad Conduct, Dishonorable, Undesirable, or OTH, show the specific reason, character, and date of discharge on the remarks section of the form. The reason for separation can usually be obtained from the service record. If not, see NPRC 1865.45, Requests from Federal probation officers, par. 8. If discharge has been changed, show character to which changed. If discharge was reviewed but not changed, do not men-tion. If application for review has been received but action not completed, enter: "Application for review of discharge submitted, action not complete." (Please note: If discharge has been changed, do not mention the fact that it was changed.)

     d. Disciplinary record. Furnish only convictions by courts-martial. Show type, date, and offense. Be sure to enter "NONE" in this space, if applicable. Do not show non-judicial punishment. Copies of court-martial orders, regardless of branch of military service involved, should be furnished instead of transcribing the information when the orders are extensive in length and it appears that copying them will afford the most economical means of completing the request.

     e. Sea and foreign service. If requested, show inclusive dates of overseas and sea service, or show the total amount of such service if that is the way it is shown in the record or on the DD Form 214, Report of Separation from Active Duty. This may be shown to the nearest full month, 16 days or more being credited as a full month. If information is not available in the record, do not attempt to obtain it from other records, but respond that the information is not available. (All service aboard a Coast Guard vessel or ship of the U.S. Navy is to be counted as sea service.)

     f. Special decorations or citations. Show only personal decorations and awards for special meritorious service or acts, as follows:

-Medal of Honor -Navy Achievement Medal
-Distinguished Service Cross -Purple Heart
-Navy Cross -Gold Life Saving Medal
-Air Force Cross -Silver Life Saving Medal
-Distinguished Service Medal -Combat Action Ribbon
-Silver Star Medal -Airman's Medal
-Legion of Merit -Coast Guard Medal
-Distinguished Flying Cross -Bronze Star Medal
-Soldier's Medal -Navy and Marine Corps Medal
-Joint Service Commendation Medal -Air Medal
-Commendation Medal--Army, Air Force, Coast Guard, and Navy (which is also issued to Marine Corps members)
-Secretary of the Treasury Commendation for Achievement Award (Coast Guard)

     g. Medical information. Furnish copies of reports and classification summaries of personality disorders or nervous or mental conditions. Furnish also the diagnosis and dates of treatment for serious injuries or illnesses of other types. If separation was by WD AGO Form 40, Certificate of Disability for Discharge, furnish a copy of the CDD. Complete medical histories of treatment for injuries and illnesses are not to be furnished unless specifcally requested.

Make negative report if medical information has been requested and the record contains none. If records were lent to VA, inform requester to contact the VA at 1-800-827-1000. If the requester is listed as a "routine use" for the system of records or is an authorized representative of the veteran or next of kin, the VA claim number is released. If additional medical records are found,refer to NPRC 1865.103, Requests involving medical records, for instructions. The record should also be screened for drug abuse patient treatment material, according to NPRC 1865.103.

     h. Requests on SF 180, Request Pertaining to Military Records, for separation documents. Some institutions are use the SF 180 and check the block asking for replacement of a separa-tion document. Disregard this and furnish only the usual information as called for above.

     i. Additional data requested. Furnish any other data specifically requested.

     j. Inquiries concerning fire-related records. Furnish data and/or documents from the organizational records if available. Reconstruct service record as much as possible. This includes a BIRLS check and procurement action the Department of Veterans Affairs for medical records and/or facts and circumstances if a claims folder is available. If the requested information cannot be obtained from the service record or auxiliary records sources, use NA Form 13045, Informal Information Reply, and NA Form 13075, Questionnaire About Military Service, to obtain more information.

3. Action if records not yet received at NPRC. Forward the request to the appropriate office. Inform the requester by NA Form 13053, National Personnel Records Center Acknowledgement/Referral. (This also applies to referrals to ARPERCEN.) Use Standard Form 180 for determining where the requests should be sent, except that on Marine Corps and Navy cases the following applies:

a. Requests for MarCor/Navy service data only. Forward Marine Corps requests to the Commandant, U.S. Marine Corps (Code MMSB-10), Washington, DC 20380. Forward Navy requests to the Bureau of Naval Personnel, PERS 312, Washington, DC 20370-5300. It is not necessary to forward these through the Navy Liaison Officer.

b. Requests for Marine Corps/Navy medical data only. For Marine Corps medical data, forward the requests to Commandant, U.S. Marine Corps, Washington, DC 20390. For Navy medical data, forward the request to Naval Reserve Personnel Center, New Orleans, LA 70149.

     c. Requests for MarCor/Navy service AND medical data.

(1) Medical record on file but personnel record is not. Furnish medical data and inform requester that service data will be furnished by separate correspondence. File copy of request and reply in the medical jacket.  Forward original of inquiry as outlined in subpar. 3a, above. Note on the original that medical data have been furnished.

(2) Personnel record on file but medical record is not. Furnish service data and inform requester that medical data, if there is any, will be furnished by separate correspondence. File copy of request and reply in personnel record. Forward original of inquiry as outlined in subpar. 3b, above. Note on the original that service data have been furnished.

4. Special instructions regarding Marine Corps Reservists and retirees.

     a. Fleet Marine Corps Reservists and retired personnel. If the individual is retired and in receipt of retired pay or in the Fleet Marine Corps Reserve    receiving retainer pay, forward copies of the request and reply to the Marine Corps Finance Center, Retired Pay Division, 1500 East 95th, Kansas City, Missouri 64197. Use NA Form 13051, Transmittal, prepared in duplicate. Place a check in the last box on the NA Form 13051 and write in the status of the individual (FMCR, USMCR RETD with pay). Attach the copy of the NA Form 13051 to the file copies of the request and reply and place in the appropriate folder.

     b. Marine Corps Reservists. If the individual still has Marine Corps Reserve status and the military records thus are not yet at NPRC, forward request to Marine Corps Liaison Office, using NA Form 13098, NPRC Routing Slip.

5. Signature and dispatch. Replies are stamped, signed and dispatched in routine fashion, except that for Navy/Marine Corps medical records which contain a neuropsychiatric diagnosis, the stamped and signed reply is routed for review, with the records, to the Naval Medical Records Liaison Officer, using NA Form 13098.