LITIGATION PURPOSES

Official documents and information should be made reasonably available for use in federal courts, state courts, foreign courts, and other governmental proceedings unless the information is classified, privileged, or otherwise protected from public disclosure.

Requests for documents, testimony, depositions, or interviews of witnesses in connection with litigation will be processed under SECNAVINST 5820.8A.

Relationship With FOIA and Privacy Act

If an FOIA or a Privacy Act request pertains to litigation to which the United States is a present or potential party, the release authority should notify the Judge Advocate General or the General Counsel, as appropriate. Requests for Privacy Act records must be accompanied by a written release from the subject of the record, a court order, or a subpoena signed by a judge of a court of competent jurisdiction.

Responsibilities

Requests for official information and records will be processed according to SECNAVINST 5820.8A. Generally, the responsibility to act as the determining authority has been delegatcd to GCM convening authorities and those commands and activities with an SJA assigned. If compliance is inappropriate for any reason, such as the records contain classified or privileged information, send the court order or subpoena to the Judge Advocate General or Associate General Counsel (Litigation) and notify the parties of this action.

If the United States is not and is not reasonably anticipated to become a party to the proceedings, the production in federal or state courts of evidentiary material from JAG Manual investigations, and the service, employment, pay, or medical records of dependent or members of the naval service is authorized upon receipt of a request complying with SECNAVINST 5820.8A, accompanied by a subpoena, court order, or other request signed by the judge of a court of competent jurisdiction. The specific authority of the Judge Advocate General is not required.

Production of Official Records Without a Court Order

Send any requests for release outside of the DON to JAG when the requests are for one of the following official records: . JAG Manual investigations l Court-martial records . Article 69 and 73, UCMJ, petitions

. Article 138 and 1106 complaints of wrongs

Affirmative claims files, except for copies of reports or JAG Manual investigations containing classified or privileged information, may be released by local holders to insurance companies to support claims; to civilian attorneys representing the injured parties and the government's interests; and to other components of the DOD, without the prior approval of JAG, if the amount of the claim is within the settlement authority of the releaser.

SUMMARY

This chapter has given you some insight into how to prepare the various forms of correspondence that you may be required to use. You will become better at drafting letters, messages, memorandums, endorsements, and so forth, as you gain experience. However, it is always wise to study and have readily available copies of the Department of the Navy Correspondence Manual and NTP-3. Remember, when in doubt, go to the manuals.