Subchapter A. DISCLOSURE, ACCESS AND RELEASE OF
NATIONAL GUARD PERSONNEL RECORDS, PAPERS AND
DOCUMENTS
Sec.
1.1. General.
1.2. Policy.
1.3. Releasable records and information.
1.4. Records affected by Federal Privacy Act.
1.5. Procedures.§ 1.1. General.
Section 702(3) of 51 Pa.C.S. (relating to duties of department) provides that the Department will be the office of permanent record for personnel papers, documents and forms pertaining to the Pennsylvania National Guard and the Pennsylvania Guard except where the laws of the United States require certain papers, documents or forms to be kept permanently in the National Guard Bureau or other Federal agency. Section 902(2) of 51 Pa.C.S. (relating to general powers and duties of Adjutant General) provides that the Adjutant General will be responsible for maintaining military records until transferred to the Pennsylvania archives or, where appropriate, to the proper Federal agency. In fulfilling these duties and responsibilities, the Department and the Adjutant General collect and maintain many military personnel and medical records that were initially prepared and maintained under applicable Federal directives. This subchapter sets forth the standards for public release of those records.
Source The provisions of this § 1.1 adopted April 11, 1979, effective April 12, 1979, 9 Pa.B. 1294.
§ 1.2. Policy.
(a) The public release or disclosure of military personnel or medical records maintained by the Department or information contained in the records, except for the purposes set forth in subsection (b) and for the information declared to be public information in § 1.3 (relating to releasable records and information) constitutes an unwarranted invasion of the personal privacy of the individuals to whom the records pertain and is prohibited.
(b) The records or information will be released to the following persons or under the following circumstances:
(1) Upon request or with the written consent of the individual to whom the records or information pertain or that individual’s attorney-in-fact or agent acting upon proper authorization.
(2) If the individual to whom the records or information pertain to is dead or declared incompetent, to that individual’s next-of-kin, executor or personal representative, or guardian or conservator.
(3) Upon receipt of a valid order or subpoena issued by a court of competent jurisidiction.
(4) For any routine uses and other official purposes to carry out the mission and perform the functions of the Department and the Pennsylvania National Guard.
(5) For the law enforcement purposes, if requested by a Federal, State or local law enforcement agency to be used in an investigation.
(6) To a person under compelling circumstances affecting the health or safety of the individual to whom the records or information pertain or to facilitate the identification or remains of individuals where the person requesting access has reasonable cause to believe the remains of the individual to whom the records pertain may require identification.
(7) For use by taxing authorities, but only the home address and social security number, in addition to the information releasable under § 1.3 (relating to releasable records and information), may be disclosed for this purpose.
Source The provisions of this § 1.2 adopted April 11, 1979, effective April 12, 1979, 9 Pa.B. 1294.
Cross References This section cited in 43 Pa. Code § 1.3 (relating to releasable records and information); and 43 Pa. Code § 1.5 (relating to procedures).
§ 1.3. Releasable records and information.
Notwithstanding § 1.2 (relating to policy), the following records and information from the records maintained by the Department and the Adjutant General are considered public information and may be released or disclosed to the public without constituting an unwarranted invasion of the personal privacy of the individual to whom the record pertains:
(1) Name.
(2) Rank.
(3) Date of rank and entry into military service.
(4) Gross pay or salary.
(5) Military assignments or duty titles.
(6) Office addresses.
(7) Source of commission, if applicable.
(8) Sex.
(9) Date of birth.
(10) Other information as is claimed to be public information and is determined by the Office of the Attorney General to be public information under Commonwealth law.
Source The provisions of this § 1.3 adopted April 11, 1979, effective April 12, 1979, 9 Pa.B. 1294.
Cross References This section cited in 43 Pa. Code § 1.2 (relating to policy); and 43 Pa. Code § 1.5 (relating to procedures).
§ 1.4. Records affected by Federal Privacy Act.
The public release or disclosure of records under the control of the Department or the Adjutant General that were collected or maintained in a system of records under 5 U.S.C. § 552a (relating to records maintained on individuals) shall be governed by the substantive standards set forth in that law or the standards set forth in this subchapter, whichever are more restrictive. Nothing in this subchapter shall be construed to require the Department or the Adjutant General to comply with the procedures applicable to the maintenance of systems of records under 5 U.S.C. § 552a.
Source The provisions of this § 1.4 adopted April 11, 1979, effective April 12, 1979, 9 Pa.B. 1294.
Cross References This section cited in 43 Pa. Code 1.5 (relating to procedures).
§ 1.5. Procedures.
(a) Requests for release or disclosure of personnel or medical records or information maintained by the Department and the Adjutant General shall be in writing, specifying the information requested and, except for information releasable under § 1.3 (relating to releasable records and information), the purpose for which it is requested; provided, however, that the use of information and records under § 1.2(b)(4)—(6) (relating to policy) does not require a written request, and, where the individual to whom the records or information pertain presents himself at the office maintaining the records, the individual will be granted reasonable access, consistent with efficient operations and the mission of the Department. Requests for release of records and information should be addressed to the Adjutant General, Department of Military Affairs, Fort Indiantown Gap, Annville, Pennsylvania 17003-5002.
(b) The Adjutant General or his designee will review all requests and act within 15 days to approve or disapprove the disclosure or release of information or records. If the disclosure or release is approved, the individual requesting access may review the requested information or records at the office where they are maintained. Nothing in this subchapter shall be construed to require the Adjutant General or the Department to provide copies of records or information to any person; except that individuals may copy public information under § 1.3. If a photocopier or reproduction device under the control or operation of the Department is used to copy the information, the requester may be charged 25¢ per page for the copies.
Source The provisions of this § 1.5 adopted April 11, 1979, effective April 12, 1979, 9 Pa.B. 1294.
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