Downloaded from https://www.everyspec.com (3) Official records on personnel and equipment involved. (4) Photographs of the accident scene. (5) Witness lists. (6) Transcripts of relevant portions of intracockpit voice recordings. b. Other investigators will not be given access to— (1) Witness statements taken by board members. (2) Preliminary or final board findings and recommendations. (3) Voice recordings of intracockpit communications without authorization of the Initial Denial Authority, Com- mander, USACR/SC. c.
For all classes of accidents, where applicable, the accident investigation officer or the president of a board of officers will— (1) Obtain the name and unit address of the collateral investigation officer or board president. (2) Provide the collateral investigation officer or board president with all factual material requested. d. Paragraph 3–27 b , above, is punitive. Violations of paragraph 3–27 b are separately punishable as a violation of a lawful general regulation under Article 92, Uniform Code of Military Justice (UCMJ, Art. 92). Penalties for violating this paragraph include the full range of statutory and regulatory sanctions—both criminal and administrative.
Violations by Army civilian employees may result in administrative disciplinary actions without regard to otherwise applicable criminal or civil sanctions for violations of related laws. 3–28. Accident information a. Safety accident investigation reports are official documents. They will be used solely for accident prevention purposes. These reports and their attachments, or copies and extracts, will not be enclosed in any other report or document unless the sole purpose of the other report or document is accident prevention.
Common-source documents, photographs, and those documents (other than witness statements) containing purely factual information that is available to other Army authorized investigations are an exception to this rule. b. Safety accident reports and the privileged documents contained therein may not be used as evidence or to obtain evidence in any disciplinary, administrative, or legal action such as the following: (1) Determining or defending the determination of misconduct or line-of-duty status of Army personnel. (2) Flight evaluation boards or MOS reclassification actions. (3) Determining liability in claims for or against the Government. (4) Determining pecuniary liability.
(5) Any other adverse personnel action. c. Paragraph 3–28 b , above, is punitive. Violations of paragraph 3–28 b are separately punishable as a violation of a lawful general regulation under UCMJ, Art. 92. Penalties for violating this paragraph include the full range of statutory and regulatory sanctions—both criminal and administrative. Violations by Army civilian employees may result in administrative disciplinary actions without regard to otherwise applicable criminal or civil sanctions for violations of related laws. 3–29. Release of information from Safety Accident Investigation Reports a.
All requests under the provisions of the FOIA for information from, or copies of, Class A, Class B, or Class C safety accident investigation reports will be referred through command channels to the Commander, U.S. Army Combat Readiness/Safety Center (CSSC–ZS), Fort Rucker, AL 36362–5363. The USACR/SC is the repository for Class A, Class B, Class C, Class D, Class E safety accident reports, and Class E and Class F incident reports. The USACR/SC commander has been delegated authority to act as the initial denial authority on requests for information from Army safety accident reports. b.
The commander, USACR/SC is designated by the SA to assert the privilege to oppose any court-ordered release of privileged safety information for all investigations. c. Local safety offices are authorized to release Class D and Class E general use safety accident reports in their entirety in response to FOIA requests after consulting with their SJA or legal advisor to ensure that complete disclosure would not be in violation of the FOIA. Local offices wanting to withhold portions of a Class D and Class E general use safety accident report must refer the action to USACR/SC at the address listed in 3–29 a , above. d.
Requests received directly from members of Congress or their staffs for access to accident reports will be referred to Headquarters, Department of the Army, Office of the Chief of Legislative Liaison, 1600 Army Pentagon, Washing- ton, DC 20310–0107. That office will then relay the request to USACR/SC or the appropriate local safety office in accordance with the guidance in paragraphs b and c , above. e. Requests from non-DOD Federal agencies for access to reports are governed by other provisions of this regulation and, in many instances, by interagency agreements or specific regulations.
(For example, AR 95–30 governs the release of information to the Federal Aviation Administration.) Command and installation safety offices that receive such 34 AR 385–10 • 23 August 2007