Downloaded from https://www.everyspec.com (4) Analysis of the EIR/SF 368. (5) Any combination of paragraphs (1) through (4), above. d. In the event of an accident that involves two or more DOD components, each DOD component shall report its own losses. 3–10. Categories of accident investigation reports The Army has two categories of safety accident investigation reports—limited use reports and general use reports. a. Limited Use Safety Accident Investigation Reports . These are close hold, internal communications of DA whose “sole” purpose is prevention of subsequent DA accidents. They are required for all flight/flight related and fratricide/ friendly fire accidents.
They are authorized for use in certain accidents as explained in paragraph (3), below. (1) Since much of this information is available only from persons directly or indirectly involved in the accident, a means must be provided to establish frank and open exchange of such information without fear of recrimination or other adverse action. (2) All persons who provide information to accident investigators in this category under a promise of confidentiality may be assured that DA will use its best efforts to honor the promise if the record containing the information becomes the subject of a request under the Freedom of Information Act (FOIA) and will not voluntarily disclose this information.
(3) In addition to flight accidents and fratricide/friendly fire accidents, Limited Use Safety Accident Investigation Reports may be used for accidents involving other complex weapon systems, equipment, or military-unique items (such as ships and shipboard systems, guided missiles, laser devices, or armored vehicles), and military-unique equipment/ operations/exercises when the determination of causal factors is vital to the national defense. The selection of system categories to be included in this application of Limited Use Safety Accident Investigation Reports is delegated to the commander, USACR/SC.
(4) The following restrictions are imposed on the handling of Limited Use Safety Accident Investigation Reports: (a) Reports shall not be used, before any evaluation board, as evidence or to obtain evidence for disciplinary action, in determining the misconduct or line of duty status of any personnel, or to determine liability in administrative claims for or against the Government. In limited use investigations, witnesses may be given the option of making their statement under a promise of confidentiality if they are unwilling to make a complete statement without such a promise and the investigation board believes it is necessary to obtain a statement from a witness.
(b) To the extent permissible under the law, these reports shall not be released in their entirety to the public or any Federal agency outside of DOD. Subject to court order to the contrary, reports may not be used in any legal proceeding—civil or criminal. Department of Defense will use its best efforts to seek available appellate review of a court order to release a report. Exceptions to the foregoing are stated in paragraph ( c ), below. (c) Portions of the safety investigation reports are privileged. The privileged portions include findings, recommenda- tions, and analysis of the accident board and confidential witness interviews.
Excerpts from safety investigation reports composed of purely factual material (such as date, time, location, type system, weather, maps, and transcripts of air traffic communications) may be released to other investigators and to the public subject to traditional FOIA exemp- tions. Only the initial denial authority, the commander, USACR/SC, may authorize release of information protected under FOIA.
Transcripts of relevant portions of intracockpit voice recordings may be included in the report and released to the accident legal investigation board; however, recordings of intracockpit voice communications may only be released outside of DOD upon specific authorization of the commander, USACR/SC. (d) The notation “Limited Use Safety Accident Investigation Report” shall be used identifying these reports. b. General Use Safety Accident Investigation Reports . These are reports prepared to record data concerning all recordable DA accidents not covered by Limited Use Safety Accident Investigation Reports.
These reports are intended for accident prevention purposes and will not be used for administrative or disciplinary actions within DOD. Portions of these reports that contain privileged material (such as investigative findings, analyses, and recommendations) are not generally releasable to the public, to any Federal agency outside of DOD, or within DOD except to requesters who have a need to know for the purpose of accident prevention. Witnesses will be advised that their statements may not be used for internal DOD disciplinary purposes. The information will be treated as exempt from mandatory disclosure in response to a request under the FOIA. c.
Safety and legal accident investigation reporting . Commanders may initiate a legal accident investigation (former- ly known as a collateral investigation) to obtain and preserve all available evidence for use in subsequent administra- tive or legal actions. The safety accident investigation has priority over a legal accident investigation. (1) Legal accident investigations are used to obtain and preserve all available evidence for using in litigation, claims, disciplinary action, or adverse administrative actions.
They are essential for protecting the privileges afforded to accident investigation reports, as they ensure there is an alternative source of evidence for use in legal and administra- tive proceedings. Although nonprivileged information acquired by a safety accident investigator shall be made available t o t h e c o l l a t e r a l i n v e s t i g a t i o n , t h e l a t t e r i s c o n d u c t e d i n d e p e n d e n t l y a n d a p a r t f r o m o t h e r t y p e s o f a c c i d e n t investigations. (2) Safety personnel (assigned or MOS-trained) and personnel responsible for conducting accident investigations 27 AR 385–10 • 23 August 2007