[Code of Federal Regulations]
[Title 32, Volume 6]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR865.108]

[Page 183-184]
 
                        TITLE 32-NATIONAL DEFENSE
 
                CHAPTER VII--DEPARTMENT OF THE AIR FORCE
 
PART 865_PERSONNEL REVIEW BOARDS--Table of Contents
 
               Subpart B_Air Force Discharge Review Board
 
Sec. 865.108  Availability of records and documents.

    (a) Before applying for discharge review, potential applicants or 
their designated resentatives may, and are encouraged to obtain copies 
of their military personnel records by submitting a General Services 
Administration Standard Form 180, Request Pertaining to Military 
Records, to the National Personnel Records Center (NPRC) 9700 Page 
Boulevard, St. Louis, Mo 63132; thus avoiding any lengthy delays in the 
processing of the application (DD Form 293) and the scheduling of 
reviews.
    (1) Once the application for discharge review (DD Form 293) is 
submitted, an applicant's military records are forwarded to the DRB 
where they cannot be reproduced. Submission of a request for an 
applicant's military records, including a request under the Freedom of 
Information Act or Privacy Act after the DD Form 293 has been submitted, 
shall result automatically in the termporary suspension of processing of 
the application for discharge review until the requested records are 
sent to an appropriate location for copying, are copied, and returned to 
the headquarters of the DRB. Processing of the application shall then be 
resumed at whatever stage of the discharge review process is 
practicable.
    (2) Applicants and their designated representatives also may examine 
their military personnel records at the site of their scheduled review 
before the hearing. The DRB shall notify applicants and their designated 
representatives of the dates the records are available for examination 
in their standard scheduling information.
    (b) The DRB is not authorized to provide copies of documents that 
are under the cognizance of another government department, office, or 
activity. Applications for such information must be made by the 
applicant to the cognizant authority. The DRB shall advise the applicant 
of the mailing address of the government department, office, or activity 
to which the request should be submitted.
    (c) If the official records relevant to the discharge review are not 
available at the agency having custody of the records, the applicant 
shall be so notified and requested to provide such information and 
documents as may be desired in support of the request for discharge 
review. A period of not less than 30 days shall be allowed for such 
documents to be submitted. At the expiration of this period, the review 
may be conducted with information available to the DRB.
    (d) The DRB may take steps to obtain additional evidence that is 
relevant to the discharge under consideration beyond that found in the 
official military records or submitted by the applicant, if a review of 
available evidence suggests that it would be incomplete without the 
additional information, or when the applicant presents testimony or 
documents that require additional information to evaluate properly. Such 
information shall be made available to the applicant, upon request, with 
appropriate modifications regarding classified material.
    (1) In any case heard on the request of an applicant, the DRB shall 
provide the applicant and counsel or representative, if any, at a 
reasonable time before initiating the decision process, a notice of the 
availability of all regulations and documents to be considered in the 
discharge review, except for documents in the official personnel or 
medical records and any documents submitted by the applicant. The DRB 
shall also notify the applicant or counsel or representative (i) of the 
right to examine such documents or to be provided with copies of 
documents upon request; (ii) of the date by which such request must be 
received; and (iii) of the opportunity to respond within a reasonable 
period of time to be set be the DRB.
    (2) When necessary to acquaint the applicant with the substance of a 
classified document, the classifying authority, on the request of the 
DRB, shall prepare a summary of or an extract from the document, 
deleting all reference to source of information and other matters, the 
disclosure of which, in the opinion of the classifying authority, would 
be detrimental to the national security interest of the United

[[Page 184]]

States. Should preparation of such summary be deemed impracticable by 
the classifying authority, information from the classified source shall 
not be considered by the DRB in its review of the case.
    (e) Current Air Force numbered publications may be obtained from the 
Chief, Central Base Administration at any major Air Force installation 
or by writing:

HQ USAF/DASJL, Washington, DC 20330

 or

DA Military Review Boards Agency, Attention: SPBA (Reading Room), Room 
1E520, Washington, DC 20310