[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2100.5]

[Page 323-324]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER XI--ARMED FORCES RETIREMENT HOME
 
PART 2100_ARMED FORCES RETIREMENT HOME PRIVACY ACT PROCEDURES--Table of 
 
Sec.  2100.5  Access by individuals.

    (a) No individual will be allowed access to any information compiled 
or maintained in reasonable anticipation of civil actions or 
proceedings, or otherwise exempt under Sec.  2100.12. Requests for 
pending investigations will be denied and the requester instructed to

[[Page 324]]

forward another request giving adequate time for the investigation to be 
completed. Requesters shall be provided the telephone number so they can 
call and check on the status in order to know when to resubmit the 
request.
    (b) Any individual may authorize the facility to provide a copy of 
his/her records to a third party. This authorization must be in writing 
and shall be provided to the facility with the initial request.
    (c) Access to records may be authorized to the legal guardian or 
conservator acting on behalf of an individual who has been declared to 
be incompetent due to physical or mental incapacity or age by a court of 
competent jurisdiction.
    (d) When an individual requesting access to his/her record wishes to 
be accompanied by another individual during the course of the 
examination of the record, the individual making the request shall 
submit to the official having operational control of the record, a 
signed statement authorizing that person access to the record.
    (e) If medical records are requested and a USSAH or USNH 
practitioner believes that access to the records by the subject could 
harm that person's mental or physical health, the requester will be 
asked to name a practitioner to receive the records. If this requirement 
poses a hardship on the individual, he/she will be offered the service 
of an USSAH or USNH practitioner other than the one who provided 
treatment. If the individual refuses to name a recipient, the record 
will not be released.