# Appendix — Department of Air Force v. Rose > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385003_0192%3A2 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1976 - **Citation:** 425 U.S. 352 ## Text APPENDIX Iu the Supreme Court of the United States OCTOBER TERM, 1974 No. 74-489 DEPARTMENT OF THE AIR FORCE, ET AL., Petitioners — | MICHAEL T. ROSE, ET AL. ON PIERIONSOLA WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT PETITION FOR A WRIT OF CERTIORARI FILED ON OCTOBER 25, 1974 CERTIORARI GRANTED FEBRUARY 18, 1975 a ex, In the Supreme Court of the United States OCTOBER TERM, 1974 No. 74-489 DEPARTMENT OF THE AIR FORCE, ET AL., Petitioners —_—vV Y preemeeed MiCHAEL T. ROSE, ET AL. ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT INDEX Page SS -+((F 1 EE September 29, 1969 memorandum regarding graduate resignations (Exhibit A) -..............2.....:ccccccccesceeeeseeeeeees 8 October 15, 1971 letter from Major Charles E. Hart to Lieutenant Rose (Exhibit B) ........................................ 13 January 6, 1972 letter from Brigadier General Galligan to Lieutenant Rose (Exhibit C) ..................................... 15 October 29, 1971 letter from Captain Metcalf to Lieu- i“ SS > 16 November 29, 1971 letter to Secretary of the Air Force from Messrs. Rose and Pedowitz (Exhibit E) ............. 17 February 14, 1972 letter from Thomas Nelson to Messrs. Rose and Pedowitz (Exhibit F)...................................... 21 HE _..-ncrcissnsstenntnnnnncsntatttetineiteseesmemgiimmminentines 23 Affidavit of Assistant United States Attorney William R. Bronner dated September 25, 1972 ...0.0.0..............cccccceceeesseeee 27 Index to Exhibits and Attachments ...............................--0.-- 31 ii INDEX Excerpts from Air Force Academy Regulations on appoint- SS GR GIIITTIOII ..ceceeeececcccnccescscesnnsccnsssnsenscssenscsscsecosusnes Honor Reference Handbook of the Air Force Cadet Wing ...... Air Force Cadet Wing Ethics Manual ...... cceeniiteaiabananeeniiaiiauaD Honor Operating Instructions ...........................-csssesssesssesseeees Investigation of alleged violation of the Honor Code ........ Procedures for honor hearing (with attachments) ......... Procedures for cadets found guilty .............0.0.0..0..00.0.... SY TIE ..cccemsinbnssnnemssbielnibuniadenisinnniatitemuaquninseniaienensente ey Cy ND FI ceececeersrseesniasesmncccosiconinsmnemmnensenssens Distribution—Honor Code reading file ............................. United States Air Force Academy honor review com- TTIIIIED cniccscsisestanncsetsnatatetpelibintetedetaisgesmbumiaseennenmnaieisetiessasanennn February 3, 1972 letter from Colonel Ragen, Director of Information, to Lieutenant Rose 22000. ..............0.cccccceeceeeseeee- December 14, 1971 letter from the Judge Advocate General to I TR AT a CETL NT NT ERO CE January 27, 1972 letter from Lieutenant Rose to Director of Information, United States Air Force Academy ................ Affidavit of Frederick L. Metcalf dated May 26, 1972 ............ August 21, 1971 letter from Lieutenant Rose to Captain STITT « socsicseminnctenaecstacittacamaeainepinalnpsnaisbasennineeeeeusiaeetenesennnte September 5, 1971 letter from Lieutenant Rose to Cap- II TI poycacdus ay ULYYLAID woyjeusysos Auryunjoa | OID 4° OZ) 8 avorz a Wounds ’ petatyorip “th yduatteacd Youq puree fy ssn 40 poywiudus [Porpow L (tT ayou) ‘OT Ydersured (Ayemsow) yous JNpun 9 “LI ydeadesed (1 230u) que poducyosip apngiyde $ quauoduios 4ry) 0} “SI Ydessesed) youq yuowUmesy poyeatdas SoULope~e ” youndui (uoneurdos Arey | Aaequnjoaut) Aruasoyap ’ ez ydes3 (uorjeiuds © “bE yduadusey AVuce porauqosip ayy wenrars | Aaequ.joauy) Adu0/ayop ct quauoduivs yey) 0} quouodwos Pug JIMS su poytardes Aseyijyua c u — ajquacuoy AVISZ postaeyosip oy) UUyay>? | voRnvudyser Aswjunjoa | OED 49 OD) I aq te ts wav OF 1ey Ip j® 4yz0yjne /MONjCavdos wosj oud 40} #1 om ia 22pu,)} S14 puy oajsons pus 29 14 ay ‘ways oy pus yuowpposuIsp Sy PUL wpe? O41 . ° d qa a e] u v u LNAINTIOUNSSIC LAGVS ONILOGAAV ADTIOd | tat vi Attachment 6 BEST COPY AVAILABLE ency whether ’s defici 1. The Board/Committee evaluating the indi- AFR 53-3 24 May 197: y recommend to the a first class cadet dis- ons considered willful be o9 E . 3% y : see os E223 = » BE s a] 5 = 2 e 2s 2” = 2" > £ Pres « a & 2S E oe eH ESE Ea g™ ep 3370 . "5 e 355 8 S E429 ; 232.2 SPY g ESS. Bio's Fes 82 58 2y2 “ af Z BOD p> 8 ” 5 3 5D «© Rod o 2 g 2% a8 g2 08 3 S = a 2 4 E . i=} E ZPos AG ANGE S is = ee et (AVS Peyeatdes 40 Aq yorag yo proses) | tO *OZO "61 yduaSesed Aq poyeraip sv) podicyowip v/N S21A498 94} JO Por) ‘000 090) AV9S% 40 quoudiduin. 03 poAtacyosip “eZ Ydeadeued ajqrsoucy youg wuotuutissu 40 pojeaudos [@oupeu oz! (A\jeurr0u) ~ 7 ae “91 Ydeiduaed @iqusoucy (Gt St owes) ynpuoes 6! (pr pue powiedes ao “LT ydeaSeued Cl se owes) pyestacy sip epnyde 8! (zt poe - "SI ydcsseaud ajqrsoucy It 88 ews) poyeacdos So! Woptou 7 quouodwos (wor jeard.os ‘meee Kavya | Asequnjoaut) £2us1oyp ui Cavoue 2° Av29g | pastaeyasyy “be Ydeasesed ajqusouoy Aq pojoouip se) 40 poyesedox] [votpour 91 (Sjjeuuou) (zi pur | “91 ydessesud a]qQcsoucy I] SU owes) qanpuos $1 (g ayou) pnyaien Prsopisuos sf Aousioyep sara’ s yO wun © dey Aynp sarjor 04 [No " | Cr 2y0u) jnpyrmwou 81 Adu nouop peyeindos a “LI ydusSared jf OBaey orp posseyoxs): apngiyde ct ~ dg pur” T Soyo) yrjyiim PIaswNUHD SI Amem ry JH Ayp aarjou o UND zu AE ou) [Nj|[}"uoUu sy Aouasoyop J! SAV | “BI ydessoied OF WUT eSB S2}uLpure| ty Attachment 6 40 charge. (2) DD Form 257 AF: General Discharge (Under Honorable Conditions). (3) DD Form 791 AF: Under Other Than Honor- able Conditions Discharge. ce. A cadet disenrolled for any of the following vea- sons normally is honorably separated or discharged. He may tender his resignation for one of the reasons listed in (1) through (12): (1) Career goals. (2) Personal reasons. (3) Hardship. (4) Marriage. (5) Fear of Flying. (6) Environmental adjustment. (7) Academics. (8) Admitted or court-adjudicated paternity claims. (9) Physical disability, service incurred with no will- ful misconduct involved or existing prior to entering service. (10) Deficiency in academics. (11) Deficiency in conduct. (12) Deficiency in aptitude for commissioned service. d. A cadet disenrolled under one of the following sets of conditions normally is awarded a general discharge certificate “under honorable conditions” or a discharge certificate “under other than honorable conditions.” (1) A cadet discharged for physical disability incurred through his intentional misconduct or willful neglect, or incurred during a period of unauthorized absence, is discharged “under honorable conditions.” A cadet who tenders his resignation for this reason does so with the understanding that, if accepted, he will be discharged “under honorable conditions.” (2) A cadet discharged for possessing undesirable habits or traits of character of such a nature as to pre- clude an honorable discharge is discharged “under honor- able conditions” (general discharge certificate DD Form 257 AF) or “under other than honorable conditions” a Weeden wh 5 41 (DD Form 794 AF), depending on the seriousness of the offense. Chronic alcoholism, drug addiction, sexual p7r- version, habitual shirking, repeated commission of minor offenses not warranting trial by court-martial, and fi- nancial irresponsibility, are examples of acts or conduct exhibiting undesirable habits or traits of character. A cadet who tenders his resignation for any of these rea- sons tenders his resignation for the good of the service with the understanding that, if accepted, he may be dis- charged “under other than honorable conditions.” (3) A cadet who commits a major offense triable by court-martial—such as murder or man-slaughter—nor- mally is brought to trial unless special circumstances exist which would warrant consideration by a board of officers convened under AFR 11-1 to consider the cadet for administrative discharge. A cadet who is administra- tively discharged under these conditions is discharged “under other than honorable conditions.” A cadet who commits an offense as outlined above may tender a resig- nation for the good of the service, regardless of whether or not formal court-martial charges have been preferred. A cadet who tenders such a resignation does so with the understanding that, if accepted, he may be discharged “under other than honorable conditions.” (4) A cadet who has been tried by court-martial for an offense or offenses for which maximum punishment authorized by MCM, 1951, includes a punitive-type sepa- ration, but, upon conviction, is sentenced to less than dismissal may be administratively discharged “under other than honorable conditions,” notwithstanding trial by court-martial. (5) A cadet who has been convicted by a civil court of any offense involving moral turpitude may be ad- ministratively discharged “under other than honorable conditions.” (6) If information is received which indicates that the retention of a cadet may not be consistent with the interests of national security, report the facts and cir- cumstances to the local office of special investigation (OSI) and request an investigation by that office. On 42 receipt of the report of investigation, take action as out- lined in AFR 35-€2. 21. Special Provisions for Breaches of Cadet Honor Code: a. A cadet who breaches the cadet honor code may be tried by court-martial when in the opinion of the Superintendent such action is necessary in the interest of good order and discipline. Court-martial proceedings are instituted only when there is reasonable assurance that the evidence at hand will result in conviction. A cadet in this category may tender a resignation for the good of the service, regardless of the fact that formal court-martial charges have or have not been preferred. A cadet who tenders such a resignation does so with the understanding that if accepted he may be discharged “under other than honorable conditions.” b. A cadet who commits a breach of the cadet honor code which would warrant trial by court-martial, but, because of the facts cf the case, court-martial action is not deemed appropriate, normally is administratively discharged “under other than honorable conditions.” A cadet in this category may tender a resignation with the understanding that if accepted he may be discharged “under other than honorable conditions.” ce. A cadet who commits a breach of the cadet honor code which would not warrant trial by court-martial, but which is not considered to be a minor violation, normally is administratively discharged under honorable conditions. He may tender a resignation with the un- derstanding that if accepted he may be discharged “under honorable conditions.” d. A cadet who commits an offense which is considered to be a less serious breach of the cadet honor code than those referred to in a, b, or ¢ above, is honorably sepa- rated/discharged. He may tender a resignation with the understanding that if accepted he will be “honorably separated /discharged.”’ e. When a cadet is being processed for separation under a, b, or ¢ above, attach to the forwarding cor- respondence a statement indicating the type of offense committed and other pertinent facts. These statements ———— a 43 are used at secretarial level in determining the character of separation to be awarded, and are not made a part of the cadet’s official records. SECTION C—REPORTING REQUIREMENTS 22. Service Academy Disenrollments. RCS: DD-M(A) 851. Submit an annual report indicating the following information for each class in attendance during the preceding academic year to HQ USAF (AFPTRA) not later than 15 August of each year. a. Number discharged for unsuitability, unfitness, or physical disqualification. b. Number discharged for all other reasons, —........... — ee ee ee ete ee ee ee eee Bf EELS ee cee d. Number transferred to the Reserve component and not ordered to active duty —.---_-_---_ = e. Number separated and reverted to former Reserve or Regular status, except those included in ¢ above —...... ~ £. Total number separated during the year 23. Monthly Report. USAFA submits a monthly report on USAF Academy Cadet Attrition to HQ USAF (AFPDPRR) not later than the 7th day of each month. Annotate report to reflect cadets dropped from class strength but not assigned strength who are later re- turned to a class. Identify cadets returned to class rolls as to the class year in which they will graduate. 24. Individual Report of Separation. Report separation of a cadet before graduation to the congressional sponsor on AF Form 631, “Report of Separation from USAF Academy.” USAF (CRR) completes the form (used only by HQ USAF and the Air Force Academy) and forwards it to HQ USAF (AFPTRAB) for notification to the ap- propriate congressman. dd SECTION D—AIR FORCE ACADEMY PREPARATORY SCHOOL 25. How To Apply for Preparatory School: a. AFR 53-14/BUPERS INST 1530.49/MCO 1530.5A tells in detail how to apply for the Air Force Academy Preparatory School course, when the course is to be conducted, and how students are selected. b. Any eligible member of the Air Force on extended active duty or assigned to a Reserve component may apply for preparatory school in conjunction with an ap- plication for the Air Force Academy. 45 [SEAL] HONOR REFERENCE HANDBOOK OF THE AIR FORCE CADET WING 20 June 1970 46 CONTENTS Page TEETTIIEED canennnsenetiniapesuneneststastanenininbenibsntineseceenndeesnesimcennebtanmmniatiinisneninn 1 I oe dceeieiinindeiibibiaitmiabeinan 1 SE Ct Ge SEED ccnsteesiinscnsisinincnienidenatinnion i 2 I eal 2 SUUTDD - = a eee iano eee atte wa 81 the Secretary of the Honor Committee will be elected from the second class Honor Representatives. 3. Reports of Breaches of the Cadet Honor Code. a. Cadets (1) When observing a possible honor violation nor- mally the cadet should confront the suspected cadet and ask for an explanation. This procedure often clarifies whether a violation has in fact been committed, en- courages the violator to manfully accept his obligation to report himself, and gives him the opportunity to do so. Sometimes it is more appropriate to report directly to an Honor Representative. The course to be taken is left a matter of judgment for the cadet concerned. (2) After personally confronting the suspected cadet, a cadet should report the matter to an Honor Repre- sentative if the suspected cadet has in fact breached the Honor Code and has not, or apparently will not, report nimself. (3) When an incident requires further investiga- tion it will be referred to the Chairman of the Honor Committee by the Honor Representative. The Chairman will appoint an investigation team as outlined in para- graph 4. b. Officers (1) When an AOC discovers an apparent breach of the Cadet Heaor Code he will report it to his squad- ron Honor Representative or to the Executive for Honor and Ethics. (2) Faculty and Department of Athletics—When an officer assigned to an academic department or to the Department of Athletics discovers an apparent breach of the Cadet Honor Code, he should: (a) Report the facts of the case to the depart- menta! Honor Liaison Officer. (b) The departmental Honor Liaison Officer will inform the department head and the assigned Cadet Honor Representative of the suspected breach. The fac- 82 ulty Honor Liaison Officers will also inform the faculty Honor Liaison Coordinator of the case. (c) The departmental Cadet Honor Representa- tive will inform the Executive for Honor and Ethics and proceed with the investigation. He will also insure that all concerned parties are informed of the outcome of the investigation as soon as practical. (3) All other officers who discover apparent breach- es of the Cadet Honor Code will report the fact directly to the Executive for Honor and Ethics (COCHE). 4. Conduct of an Honor Investigation. a. Purpose of an Investigation. The purpose of the investigation is to evaluate the circumstances of a case to determine whether the incident should be considered by an Honor Board. The team, in conjunction with the Chairman of the Honor Representatives, has the au- thority and responsibility to drop from further consid- eration any incident wherein it is determined that an honor violation did not occur. If the team believes a hearing by an Honor Board is necessary, they will provide the available evidence and information for the Board’s consideration. b. Investigation Procedures. In the conduct of an in- vestigation, thoroughness is more important than speed but the matter should be completed without unneces- sary delay. The Legal Advisor to the Honor Committee should be consulted in each case to assist in investigations. (1) Before taking any testimony from a witness or accused cadet the investigation team will satisfy the requirements of Article 31, UCMJ. Written statements should be taken from all witnesses as well as from the accused during the investigation. (2) All persons who may have relevant informa- tion will be interviewed by the investigating team. The importance of a thorough and impartial investigation cannot be overemphasized. (3) If the investigation reveals that there has been no breach of the Cadet Honor Code, the case will be dropped. If such an investigation was originated by a report from an officer, the Executive for Honor will an at hell ie on ee. be ot hee EE AD NE EO A aimee erie nena anal ne ee nee nin, | 83 inform that officer through the same channel by which the incident was first reported. The appropriate investi- gating cadet will immediately return any evidence or documents which may have been received from an Honor Liaison Officer. Prompt action in possible cheating incidents is especially necessary to prevent unnecessary withholding of a cadet’s grade and/or constraint of an instructor. (4) If the investigation reveals the probability that a breach has been committed, one of the investigators and the Executive for Honor will brief the Commandant, and the case will be referred to the Honor Representa- tives for a hearing. 5. Conduct of an Honor Hearing. When an honor hear- ing is determined to be appropriate an Honor Board will be constituted by the Honor Committee Chairman. The Board will consist of eight First Class Honor Rep- resentatives selected from squadrons other than that of the accused cadet. a. At the hearing the accused cadet will again be ad- vised of his rights under Article 31, UCMJ. b. The accused cadet will be given full opportunity to call witnesses of his choosing and to present testi- mony in his own behalf. ce. If a witness’ account of the incident or situation conflicts with that of the accused, the witness shall pre- sent his testimony to the Honor Board in the presence of the accused. d. After hearing all relevant testimony the accused will be dismissed from the room and the Board will discuss the case. When the discussion is complete the Honor Board will vote by secret ballot. An unanimous vote of 8-0 is required to find a man guilty. e. Following a guilty vote the Honor Board may, in rare cases, grant “discretion.” A “discretion” vote by the Board indicates their conviction that the man has learned a lifelong lesson and that he will thereafter uphold the ethical standards of the Wing. When voting for discretion the Board should consider foremost the best interest of the Cadet Wing and of the United States 84 Air Force. A positive vote of six of the eight Board members is required to grant “discretion.” f. A cadet found “not guilty” or one granted “discre- tion” will be returned to the Wing in good standing. g. A cadet found “guilty” is expected to resign from the Academy. However, prior to submitting his resigna- tion, he will be given legal counsel by a Staff Judge Advo- cate. That officer explains the rights and privileges available to the cadet. He makes it clear that resignation is not mandatory and that the cadet should not resign unless he is in fact guilty and ready to admit it. If the cadet elects not to resign he may meet a Board of Of- ficers or a Court Martial. h. If a man elects to resign he will be processed out as soon as possible. 6. Announcement of Proceedings. a. Appropriate information about not guilty cases or cases resulting in the granting of “discretion” will be given to the Wing. Such information will be general in nature to avoid revealing identities of those involved. b. Information about cases resulting in a finding of “guilty” will be fully briefed in all squadrons after the cadet involved has departed the Academy. Such cases will be analyzed and discussed in the interest of pre- venting similar cases, and to keep the Wing informed on the operation and vitality of the Honor Code. SPIRIT OF HONOR “We will not lie, steal, or cheat, nor tolerate among us anyone who does.” This is our Honor Code. It is not meant to provide a complete set of ethical standards for life; it is a mini- mum standard, a cornerstone or foundation upon which each cadet can build toward a much higher ethical and moral plane. The Code itself is realistic if every cadet accepts and upholds the true spirit of our code of honor. It is livable, as is easily seen in the bonds of trust which exist among all cadets. The truly honorable cadet a ee ee 85 will not hide behind his Code, nor will he try to live by only these bare minimums. Every cadet must under- stand and respect the Honor Code and should expect every other cadet to regard the Code highly if it is to remain something to be proud of. The proper prospective for our Code comes by viewing it as the basis of a solid structure of ethical and moral rules and guidelines. Conduct should not be determined simply by whether an act is specifically an honor viola- tion; if you are in doubt about an act being honorable, ask yourself what the most honorable action would be and then set your own path. The spirit of honor should always be your guide. - THE AIR FORCE CADET WING 86 AIR FORCE CADET WING MANUAL Personnel THE ETHICS MANUAL 1 MARCH 1965 THE AIR FORCE CADET WING—USAF ACADEMY 87 AIR FORCE CADET WING MANUAL NR. 30-2 THE AIR FORCE CADET WING, USAF ACADEMY COLORADO 1 March 1965 Personnel THE ETHICS MANUAL PURPOSE: This manual prescribes policy and proce- dures for the Cadet Professional Ethics Committee, and defines its functions. CONTENTS Page Paragraph CHAPTER I—POLICY AND RESPONSIBILITIES Policy 1 1 Procedures 1 2 Responsibilities 1 3 CHAPTER II—THE PROFESSIONAL ETHICS PROGRAM Purpose of this Manual 3 4 Purpose of Committee 3 5 CHAPTER III—CONSTITUTION OF THE CADET PROFESSIONAL ETHICS COMMITTEE Appointment of Members 5 6 Recommendations for Membership in the Committee 5 7 CHAPTER IV—FUNCTIONS OF THE CADET PROFESSIONAL ETHICS COMMITTEE Primary Responsibilities 7 8 Committee Functions 7 9 88 CHAPTER V—ADMINISTRATIVE PROCEDURES Official Status 9 Officer in Charge 9 Assistant Officer in Charge 9 Command Procedures 9 This manual supersedes AFCWM 30-2, 2 April 1962. OPR: CWH 10 11 12 13 89 CHAPTER I POLICY AND RESPONSIBILITIES 1. Policy. A Cadet Professional Ethics Committee is authorized and constituted by the Commandant of Cadets to provide guidance in the improvement of ethical stand- ards and practices within The Air Force Cadet Wing. 2. Procedure. As directed in Special Orders, the Cadet Professional Ethics Committee is recognized as an official cadet agency under the direction of the Commandant of Cadets and will function as described herein in the execu- tion of their assigned responsibilities. 3. Responsibility. Each cadet is responsible for estab- lishing and maintaining a sense of personal integrity which will serve as a cornerstone for his life of dedicated service to his country. Each cadet should adhere to the basic principles of the Cadet Honor Code and develop above those standards a sense of personal ethics com- mensurate with the high standards of personal conduct required by the Air Force Cadet Wing. This sense of Honor, Ethics, and overall personal integrity should be a way of life, a standard of conduct and moral strength which will stand firmly as an inspiration to all United States Air Force officers. CHAPTER II THE PROFESSIONAL ETHICS PROGRAM 4. Purpose of this Manual. This manual provides for the establishment of a permanent Cadet Professional Ethics Committee under the Commandant of Cadets which, at the cadet level, will be responsible for the improvement of cadet ethical and moral standards. 5. Purpose of the Cadet Professional Ethics Committee (CPEC). The purpose of the Cadet Professional Ethics Committee (CPEC) is to further the cadet’s awareness of a need for the application of professional ethics, and, 90 by developing ethical courage, improve personal and group ethical standards, foster a strong sense of duty and extend the high ideals of the Honor Code. In doing this, the Committee seeks the development of the individual toward the goal of a Professional Military Man, a man whose personal, moral and social conduct reflects the highest qualities of character and manhood. As a pro fessional military servant of his nation, his life is dedi- cated to the service of his country and the preservation of its principles. This duty is his honor. CHAPTER III CONSTITUTION OF THE CADET PROFESSIONAL ETHICS COMMITTEE 6. Appointment of Members. The CPEC shall be com- posed of one First Classman and one Second Classman per Cadet Squadron. Second Class members shall be elected annually on 15 September by the Second Classmen of each squadron. The election of these members shall be subject to the approval of the Commandant of Cadets, through the Squadron and Group Air Officers Command- ing. Upon such approval, the recommended cadets will attain full status as CPEC members. The remainder of their Second Class year will be used for training and indoctrination into the responsibilities and functions of the Committee. The Chairman and Secretary of the CPEC will be elected annually by the Second Class mem- bers of the Committee on or before 1 February. They will assume the duties of the Chairman and Secretary upon the graduation of the preceding class and retain these positions until the graduation of their class. 7. Recommendations for Membership in the Committee. Nominees to the Cadet Professional Ethics Committee must be in good military standing. Members may be re- moved from the Committee at any time, if in the opinion of the Commandant of Cadets or the majority of the Committee, their performance warrants. Replacement members will be elected in the manner described in paragraph 6. 91 CHAPTER IV FUNCTIONS OF THE CADET PROFESSIONAL ETH'CS COMMITTEE 8. Primary Responsibilities. The two primary responsi- bilities of the Cadet Professional Ethics Committee are: a. To recommend, prepare, and conduct formal and informal instruction in Cadet Professional Ethics under the supervision and guidance of the Commandant of Cadets. b. To keep the Commandant of Cadets, the AOC Chain of Command and the Cadet Chain of Command informed of the ethical problems in the AFCW and to keep the Commandant of Cadets informed of the progress of ethical training in the Cadet Wing through his designated chain of command. 9. Committee Functions. Routine functions of the Cadet Professional Ethics Committee shali include, but are not limited to, the following responsibilities: a. Recommend, prepare, and conduct formal Cadet Professional Ethics Instruction for the Cadet Wing. b. Bring problem areas of an ethical nature to the attention of the Cadet Wing and recommend to the chain of command possible solutions commensurate with the ideals of a Professional Military Man. * c. Conduct Ethics Committee Disciplinary Boards in accordance with AFCR 35-6, paragraph 33f. d. Be responsible for monitoring and assisting in the improvement of the ethical and moral standards of the individual cadets within the squadron. The Squadron Ethics Representative, each committee member, must strive to establish himself as meriting the confidence of those cadets having a personal problem which they do not wish to discuss outside the Cadet Wing and which does not involve the Cadet Honor Code. The Squadron Ethics Representative and the Squadron Honor Rep- resentative will coordinate their efforts to insure that 92 each cadet in their squadron receives the proper type of guidance in matters of Honor and Ethics. e. Coordinate committee responsibilities by working closely with allied agencies, such as the Honor Committee, Chaplains, and Hostess in areas of overlapping cogni- zance. f. The Squadron Professional Ethics Representative may appear as a witness before a disciplinary board at the request of the offender or at his own request. g. The Chairman of the CEPC or his designated rep- resentative will attend Honor Committee hearings and Honor Committee meetings at the request of the Chair- man, Cadet Honor Committee. h. The Chairman of the CPEC or his designated rep- resentative may witness the proceedings of the Com- mandant’s Disciplinary Boards for the purpose of col- lecting information concerning the offender’s ethical con- duct in committing his offense. This information may be used, when appropriate, in the ethical training of the Cadet Wing. CHAPTER V ADMINISTRATIVE PROCEDURE 10. Official Status. The Cadet Professional Ethics Com- mittee shall be recognized as an official cadet agency, under the Commandant of Cadets, for the guidance and improvement of ethical and moral standards within the Air Force Cadet Wing. *% 11. Officer in Charge. The Executive for Honor and Ethics shall be the Officer in Charge, Cadet Professional Ethics Committee. *% 12. Officer Advisor. The Officer Advisor, Cadet Pro- fessional Ethics Committee, shall be a Squadron Air Officer Commanding so appointed by the Commandant of Cadets. He will have authority to supervise CPEC func- tions, and will be responsible to the Executive for Honor and Ethics. ee % 13. Command Procedures. The Cadet Professional Ethics Committee shall be responsible to the Commandant of Cadets through CWH, for the formal portion of Ethics Training and for routine functions relating to the ethical status of the Air Force Cadet Wing. The scheduling of formal training will be coordinated with the Wing Training Officer and CWO. ROBERT W. STRONG, JR. Brigadier General, USAF Commandant of Cadets OFFICIAL: /s/ James M. Adams JAMES M. ADAMS CWO, W4, USAF Administrative Officer 94 DEPARTMENT OF THE AIR FORCE The Air Force Cadet Wing (USAFA) USAF Academy Colorado 80840 CHANGE 1 AFCWM 30-2 30 April 1971 Personnel THE ETHICS MANUAL AFCWM 30-2, 1 March 1965, is changed as follows: 1. Page Changes. New or revised material is indicated by. Remove Date Insert 7&9 1 Mar 65 7&9 2. Pen-and-Ink Changes: Page Paragraph Action 1 Lower Left-hand Corner Change OPR: “CDOT” to “CWH” 5 6, Line 5 Change “September” to “October” 5 6, Line 17 Change “February” to “April” 8. Filing. After posting the changes, file this change sheet in back of the manual. OFFICIAL WALTER T. GALLIGAN Brig General, USAF Commandant of Cadets JOHN W. TRIBBLE, SMSgt, USAF Chief, Cadet Administration Division - OE oe - a ee 95 DEPARTMENT OF THE AIR FORCE THE AIR FORCE CADET WING USAF ACADEMY, COLORADO 80840 1 July 1970 SUBJECT: Honor Operating Instructions TO: Honor Representatives The attached instructions are established for the proper handling of Honor Investigations and Hearings and the handling of cadets involved in honor cases. The instruc- tions include provisions from the Cadet Honor Reference Manual and AFR 53-30 and are directive upon the Cadet Honor Committee. The instructions are listed un- der the following headings: OPERATING INSTRUCTION # SUBJECT 1 Conduct of Investigations Conduct of Honor Hearings 3 Procedures for Guilty Cases 4 Honor Records 5 Honor Reading File /s/ Randall G. Craig RANDALL G. CRAIG, CIC, TAFCW Chairman, Cadet Honor Committee 96 DEPARTMENT OF THE AIR FORCE EXECUTIVE FOR HONOR AND ETHICS, COC USAF Academy Colorado 80840 HONOR OPERATION INSTRUCTION 1 1 July 1970 INVESTIGATION OF ALLEGED VIOLATION OF THE HONOR CODE This operating instruction outlines the procedures to be used by the Honor Committee in the investigation of sus- pected violations of the Cadet Honor Code. 1. Suspected violations of the Cadet Honor Code will be referred to the Chairman of the Honor Committee who will appoint a three-man team to investigate the incident. a. This team will seek to find and evaluate the facts and determine whether the situation warrants an honor hearing. The team will normally be composed of two First Class and one Second Class Honor Representatives. b. When appropriate a member of the Professional Ethics Committee may be included on the team. c. Where possible the First Class Honor Representa- tive from the suspected cadet’s squadron will be included on the team. d. In cases involving an academic department the De- partment Liaison Honor Representative will be assigned as a member of the investigation team. e. The investigating team will contact the Honor Com- mittee legal advisor for advice on the conduct of the investigation. 2. Before taking any testimony from the accused cadet, the investigators will advise him of his rights to remain silent as outlined in Article 31 of the UCMJ. He will be further advised that anything he does say may be used against him in further proceedings. 3. The investigation team will interview and take testi- mony from all persons who may have information re- garding the alleged offense. PS ee ee 97 4. If the facts and testimony of the case so dictate, the investigation team may decide to drop the case. Follow- ing such a decision all parties, officers and cadets, in- volved in the case should be so notified. 5. If the investigation team and the Chairman of the Honor Committee feel that an honor hearing is re- quired, the accused cadet will be so advised and the Commandant will be briefed on the case by a member of the investigating team. Following this briefing, the hearing will be scheduled as soon as possible. a. All hearings will be open unless there are extenu- ating circumstances which dictate a closed hearing. The investigating team will decide whether the hearing will be open or closed. b. The investigating team will advise the accused cadet that he may call any witnesses he desires to testify in his behalf at the honor hearing. ce. The investigating team will arrange to have all witnesses available to testify at the hearing whenever possible. /s/ Randall G. Craig RANDALL G. CRAIG, CIC, TAFCW Chairman, The Cadet Honor Committee 98 DEPARTMENT OF THE AIR FORCE EXECUTIVE FOR HONOR AND ETHICS, COC USAF Academy Colorado 80840 HONOR OPERATION INSTRUCTION 2 1 July 1970 PROCEDURES FOR HONOR HEARING This operating instruction outlines the procedures to be used by the Honor Committee in the conduct of an honor hearing. 1. When a hearing is scheduled the Honor Committee Recorder will schedule eight honor representatives from other than the accused’s squadron to hear the case as voting members of an Honor Board. Until Recognition Day each spring only first class honor representatives will vote on honor cases. After Recognition Day the second class honor committee will assume responsibility for the administration of the Honor Code and will hear and vote on all cases except those where the accused is a first classman. In first class cases, first class honor rep- resentatives will always be used to constitute an Honor Board. 2. Two second class honor representatives will be sched- uled for Sergeant-at-Arms duty. The Sergeants-at-Arms will take roll and maintain order. 8. A First or Second Class Honor or Ethics Representa- tive from each squadron will attend each hearing. If the hearing is to closed only Honor or Ethics Representatives will be admitted. If the hearing is to be open each squad- ron may send two cadets to the hearing. 4. The honor hearing will be presided over by the Chair- man, Vice Chairman, or the Secretary of the Honor Com- mittee. The Chairman of a particular Honor Board will not vote unless his vote is needed for the required eight voting board members. Prior to the appearance of the accused cadet, the Chairman will read the prehearing in- structions to all present. (See Attachment HOI 2-1). 99 5. At the hearing the Chairman will advise the accused cadet of his rights under Article 31, UCMJ, and give him an opportunity to object to any of the cadets selected to vote on his case. His objection will be heard and voted upon by a majority vote of the Board. He will be read the instructions contained in Attachment HOI 2-2. 6. A member of the investigation team will brief the board on the facts of the case in the presence of the accused cadet. The accused cadet will then be asked to give the board his explanation of the situation. If he elects to testify, he may be questioned by the board con- cerning any aspects of the case. Following his own testi- mony, the accused cadet may call any person to testify in his behalf. All testimony concerning the case will be given in the presence of the accused cadet. The wit- nesses will remain outside the hearing rocm until they are called in for their testimony. All witnesses will be subject to the board’s questioning and will be seated at the table with the board. Any cadet present at the hear- ing who desires to testify will be allowed to do so in the above-stated manner. 7. During the hearing of testimony, any cadet present may submit to his Honor or Ethics Representative any question he may have regarding the case. These ques- tions should be submitted in writing. If the Honor Rep- resentative feels that the question is appropriate to the case he passes the written question to the Chairman through the Sergeant-at-Arms. The Chairman will then ask the accused or any witness the question. 8. Following the open question period, the board. will be closed for deliberations. All persons other than Honor or Ethics Representatives will be asked to leave the room and the results of the deliberations will be briefed by the squadron represertative present. 9. Throughout the investigation and hearing of the case an accused cadet will be presumed innocent until proven guilty. 100 10. During deliberations the board will discuss and vote by secret ballot on the guilty or innocence of all viola- tions considered. Any questions or comments from the Honor or Ethics Representatives present will be made at any time. 11. A verdict of guilty must be unanimous on the part of all eight voting members of the board. 12. If the verdict is guilty, the board may consider granting “discretion.” The general guidelines for dis- cretion are: a. The incident is self-reported. b. The accused cadet is a Fourth Classman. ec. Some unusual pressure or circumstances in the case. d. The accused cadet has learned a vital lesson and will be a credit to the Wing in the future. The granting of discretion requires a 6-2 affirmative vote. 13. After the final verdict is determined, the accused cadet will be informed of the decision. 14. The cadet found not guilty or granted discretion will be returned to the Wing in good standing and with- out prejudice. The Chairman will remind all cadets pres- ent at the hearing that all matters discussed at the hear- ing are confidential and should not be dizcussed outside the room with anyone other than an Honor Representa- tive. 15. A case summary on all cases will be written up and published to the Wing. Not guilty and discretion case summaries will not include the man’s name or squadron. Prior to departing the hearing room the Honor Board will determine for the record the significant facts which should be included in the case summary. 16. If significant new evidence is produced following a hearing this evidence will be presented to the Board which voted on that case. By a majority vote the Board will decide whether the case should be reopened to hear the new evidence. If the Board elects to reopen the 101 case the same Board will rehear and revote on the affected portions of the case. /s/ Randall G. Craig RANDALL G. Cralc, CIC, TAFCW Chairman, Cadet Honor Committee 2 Attachments 1. HOI 2-1 2. HOI 2-2 Attachment 1 to HOI 2 “May I have your attention. This honor hearing will now come to order. All cadets seated in the audience are reminded that this is a formal honor hearing and they will refrain from smoking and talking when the accused is in the room. When the hearing begins the accused will be asked to explain the circumstances of the case after which the Board members may individually question the accused about the case if the accused elects to testify. If anyone in the audience has any questions or knows any facts which should be brought to the attention of the com- mittee, please hand it in writing to the honor or ethics representative nearest you. Would squadron honor or ethics representatives please raise your hands. He will either answer the question for you or have the Chairman ask the accused the question prior to his departure from the room. : “As soon as the questioning period is completed, addi- tional facts pertaining to the case may be brought to the Board’s attention if you desire. Testimony from any witness will be taken and considered in the same manner as that of the accused. “When all of the evidence has been taken this honor hear- ing will be adjourned and the Board will deliberate and vote on the case. The Board’s findings on the case will be released to the entire Cadet Wing through squadron honor or ethics representatives as soon as possible.” All cadets sitting in the audience are invited to remain for 102 the deliberation period. It is, however, essential that all cadets maintain the maximum degree of order to insure that a fair decision is reached. The accused should be brought into the room. “Mr. , this Honor Board has convened to hear evidence and make findings concerning certain allegations that you violated the Honor Code by (lying, stealing, cheating, or toleration). “Around this table are eight Honor Representatives (ex- cluding myself—if applicable) who will vote on your case. You have the right to object to any voting member if you feel that member cannot render a fair and impartial decision in your case. You must state the reason for your objection and the matter will be decided by a majority vote of the remaining members. Do you wish to object to any of the voting members? “Mr. , | want to remind you of your rights under Article 31 of the Uniform Code of Military Justice. You will be asked for an explanation of your conduct. However, you have a right to remain silent at this honor hearing and your silence will not be con- sidered as evidence against you. If you elect to testify, you may be questioned by the members of the Board con- cerning your statements and what you say may be used against you in further proceedings. Do you understand this? “The Board will first hear the evidence against you. You will then be given an opportunity to testify in your own behalf. The Board will also call any witnesses you de- sire to testify in your behalf. Although you cannot cross- examine witnesses, if you feel that a witness should answer certain questions which have not been asked by the members of the Board or are not included in a state- ment, you may call this to my attention and the Board will make the necessary inquiry into the matter. “Cadet , (Honor Representative head- ing investigation team), will you summarize the evidence in this case including the statements of all witnesses?” re " 108 “Mr. (accused cadet), would you now relate to the Board in your own words the circumstances of the case this .” (Give time of situation, date, or action at which you want accused to begin). Ask open- ing questions based on accused’s testimony to gain clari- fication for the Board. Then allow other Board members to start questioning. “Mr. , do you have any witnesses or other evidence you would like the Board to consider?” “Does anyone in the room desire to present evidence or testify regarding the case?” “Mr. , you are excused while the Board deliberates your case. The Board will now deliberate the case. All cadets are invited to remain. When a member of the audience desires to participate in the deliberation he should write his statement or question on a piece of paper and sign it and then hand it to the chairman. You are reminded that this hearing is confidential to pro- tect the accused. The Board is adjourned. The delibera- tions will be closed with your squadron honor representa- tive representing you.” 104 Attachment 2 to HOI 2 INSTRUCTIONS TO HONOR BOARD CHAIRMAN 1. During questioning by board members, if you be- lieve some part of his testimony or answer needs to be made more clear, it is your prerogative to ask him a question at any time. 2. Make sure both board members and accused are talk- ing loudly enough. 3. If talking in the audience occurs, ask for quiet in the room. Try to insure they are listening to testimony. 4. Insure no one comes up to a Board member and talks to him while there is any testimony or conversa- tion going on around the Board. 5. Try to avoid repetitive questions. While audience is questioning: 1. Recognize only those written questions posed through honor representatives. 2. If a Board member desires to ask a question in be- tween questioning of audience, allow Board member to do so. 3. Close questioning when no more questioning from audience or Board members. During deliberation: 1. Get Board to relax. 2. Open up discussion by clarifying different areas of possible violation. Discuss every aspect of guilt or in- nocence before voting. 3. Write out reasons why decision was reached for not guilty or guilty, and also reasons for discretion or no discretion. 4. Bring in the accused and announce decision to him. If advice from board is appropriate give this to accused. Dismiss the accused. 105 DEPARTMENT OF THE AIR FORCE Executive for Honor and Ethics, COC USAF Academy, Colorado 80840 HONOR OPERATING INSTRUCTION 3 1 July 1970 PROCEDURES FOR CADETS FOUND GUILTY This operating instruction outlines the procedures to be followed when a cadet is found guilty of violating the Cadet Honor Code. 1. There is implicit in each finding of guilty by an Honor Board a request that the man submit his resigna- tion from the Cadet Wing for violating the Honor Code. However, the man has other alternatives which must be made clear to him. The accused’s alternatives are: a. To resign from the Cadet Wing. b. To request a hearing before a Board of Officers. c. To request a trial by court-martial. 2. To insure that the accused understands the conse- quences of each alternative, the following procedures are to be followed after a finding of guilty when discretion is not granted. a. The accused cadet will be billeted in Security Flight and the Officer-in-Charge will be advised of the cadet’s status. b. The cadet’s AOC will be advised of the results of the hearing. c. The cadet’s parents will be informed by telephone within 24 hours. This call is to explain the situation to them and the alternatives available to their son. d. On the morning following the honor hearing the cadet will be given legal counsel to insure that he under- stands the implications of each of his choices. After legal briefing, he will be required to make a decision to resign or to appeal the decision of the Honor Com- mittee. 106 e. If he elects to resign he will so designate on his legal counseling sheet and return to COCHE. Follow- ing this decision he will not attend further classes. He will then be scheduled for an exit interview with the Commandant of Cadets or his designated representative. f. Following his exit interview the cadet is turned over to his AOC for out-processing. Until this processing is complete the cadet will be billeted in Command Post and attend all meals with the CCQs. 3. In cheating cases, CRR should be notified immediately to enable them to correct academic records. 4. Cadets found guilty of honor violations by an Honor Board may elect to take their case before a Board of Officers conducted in accordance with AFR 11-1. The cadet who elects this option will be returned to his squadron and will attend all classes and formations until the board action is complete. The SJA will assign the cadet legal counsel to represent him at the Board. 5. An officer will be assigned to investigate the case and to make a recommendation to the Superintendent regarding whether the case should be referred to a Board of Officers. If the Superintendent so elects the case will be sent to a Board of Officers for their findings and recommendation. If the Board finds the man “not guilty” he will be returned to the Wing in good standing. [f the man is found guilty and dismissal is recommended — will be dismissed from the Academy for conduct. /s/ Randall G. Craig RANDALL G. CraIG, CIC, TAFCW Chairman, Cadet Honor Committee 107 DEPARTMENT OF THE AIR FORCE Executive for Honor and Ethics, COC USAF Academy Colorado 80840 HONOR OPERATING INSTRUCTION 4 1 July 1970 HONOR RECORDS This operating instruction explains the need and pro- cedures for COCHE’s keeping of records on honor cases. 1. It is mandatory that COCHE keep complete records regarding all aspects of the operation of the Cadet Honor Committee. These records should include the de- tails of instruction, specific cases, and general policy de- cisions. From these records current and complete statistics may be obtained. These statistics can be used to give in- sight into particular trends in the operation of the honor system. 2. The following records should be maintained by COCHE. a. Honor Review Committee minutes. The Honor Re- view Committee should meet at least twice each year to review the operation of the Honor Committee and to make recommendations to the Honor Committee through the Superintendent. The minutes of these meetings pro- vide a prime source of Honor Code history for future reviewers. b. Honor Case Index. Each honor case is given a case designation (e.g. AK) and the specifics of date of hearing, finding, class, squadron, alleged offense, and name and service number of those cadets found guilty. ce. Honor Briefs. Following each honor hearing a case summary will be written to cover the facts of the case. This summary will be filed in the Honor Briefs and under the case designator index. Inciuded in the brief will be class, date, verdict, and alleged offense informa- tion. 108 d. Guilty Case Summaries. In each guilty case a case summary is written up for publication to the Wing after the man departs. A copy of these summaries is filed under Guilty Case Summaries. /8/ Randall G. Craig RANDALL G. Cralic, CIC, TAFCW Chairman, Cadet Honor Committee 109 DEPARTMENT OF THE AIR FORCE Executive for Honor and Ethics, COC USAF Academy, Colorado 80840 HONOR OPERATING INSTRUCTION 5 1 July 1970 HONOR CODE READING FILE This operating instruction outlines the procedures for maintaining the Honor Code Reading File. 1. To enhance the requisite understanding and involve- ment in the Honor Code, copies of the Honor Code Reading File are maintained in each faculty department and in several other staff agencies. (See Attached List). These books are structured to give the new man a basic understanding of the Cadet Honor Code precepts and administration and a feel for the actual application of these precepts by the Honor Committee. 2. The Honor Reading File Notebooks should be re- called by COCHE each August for updating. During the year a copy of each guilty case summary should be sent out to the following offices for inclusion in their Reading Files: CDW CG-1, CG-2, CG-3, CG-4 CDI CDOP DF Not only should guilty cases be included but representa- tive “not guilty” and “discretion” cases should be in- cluded in the notebooks. RMP ae oP /s/ Randall G. Craig RANDALL G. Craic, CIC, TAFCW Chairman, Cadet Honor Committee 110 DISTRIBUTION—HONOR CODE READING FILE DA (Physical Ed Div) DA (Intercollegiate Div) DFAN DFAST DFC DFE DFL DFMA DFP DFPA DFPO DFPSL DFSLB CH MSHMH and DSUR CRCAS COCHE (extra) 111 USAF ACADEMY REGULATION NR 20-9 HEADQUARTERS, U.S. AIR FORCE ACADEMY COLORADO Organization and Mission—General USAF ACADEMY HONOR REVIEW COMMITTEE 18 November 1965 This regulation establishes the USAF Academy Honor Review Committee, specifies membership, and outlines its duties and responsibilities. 1. Purpose. To provide a periodic review of the ad- ministration of the Cadet Honor Committee. 2. Duties and Responsibilities. a. Make periodic evaluation of concept and adminis- tration of the Cadet Honor Code and make recommenda- tions to the Commandant of Cadets and Superintendent. b. Perform liaison function between the Cadet Honor Committee and the USAF Academy staff and faculty in matters pertaining to concept and operation of the Honor Code. ce. Foster mutual understanding and coordination among the various programs for character training con- ducted by activities of the Dean of the Faculty, Com- mandant of Cadets, Chaplain and Department of Ath- letics. d. Receive nominations and make recommendations annually to the Cadet Awards Committee for a recipient of the “General Hester” Award. 3. Composition. Chairman (designated by the Superintendent). Staff Judge Advocate. OIC of the Cadet Honor Committee. Chaplain. Representatives from Dean of the Faculty. Representatives from Commandant of Cadets. Representative from Director of Athletics. Reo ae eES 112 h. Representative from the Flight Surgeon. i. Recorder (designated by the Chairman). j. Representative from the USAF Academy Prepara- tory School. k. Representative from the Registrar. 4. Meetings. The Chairman will call meetings. 5. Records. The Recorder will prepare a record in the form of minutes for each Honor Review Committee meet- ing. OFFICAL: THOMAS S. MOORMAN Lieutenant General, USAF Superintendent /s/ Robert V. Crandall ROBERT V. CRANDALL Major, USAF Deputy Director Administrative Services OPR: COC DISTRIBUTION: A 113 EXHIBIT 8 DEPARTMENT OF THE AIRFORCE AF REGULATION 12-30 Headquarters US Air Force Washington DC 20330 7 July 1970 Documentation DISCLOSURE OF AIR FORCE RECORDS This regulation implements 5 U.S.C. 552 and DOD Directive 5400.7, June 1967. It states basic policies and instructions governing the disclosure of records; authorizes use of the term “FOR OFFICIAL USE ONLY”; and tells members of the public what they must do to inspect or obtain copies of records. It is published in title 32 C.F.R. 806. It applies Air Force wide. In case of a conflict, this regulation takes precedence over any existing directive dealing in whole or in part with the disclosure of records. Paragraph Section A—General Information Types of Requests Covered by This Regulation .............. 1 Section B—Policies Governing Disclosure of Records ey Se Gk IES ensaiteuiesunennnnmeenennennets 2 Specific Policies on Disclosure ............................---.----0--0-+-- 3 Material That May Be Withheld From Disclosure ........ 4 Section C—“For Official Use Only” Material Use of the Term “FOR OFFICIAL USE ONLY” ............ 5 Disclosing “FOR OFFICIAL USE ONLY” Information.. 6 Section D—Processing Requests To Inspect Or Copy Records Persons Authorized To Disclose or Nut To Disclose Rec- ords Requested by Members of the Public .................. 7 Responsibilities of Disclosure Authorities Listed in ee OR 8 Responsibilities of Disclosure Authorities Listed in EEE eC ae 9 Responsibilities of A Disclosure Authority Who Is Au- thorized To Refuse To Make Documents Available ...... 10 Respousibilities of Directors and Chiefs of Adminis- RESIS GR a ESA DE SE 11 Expedited Handling Required ......................000000.....--000000-. 12 Section E—How the Public Submits Requests for Documents Identifying Material Requested ....................--.---ee eee 13 I a cncnseiitiiniainidiinstelidibitliinte 14 114 Section F—Appeals From Refusals To Make Records Available PD GI FIO cenecscescceevcsestnnsectecesnsememmncmnnesnenmnnente 15 eee 16 Page Attacnments 1. Sample Format for Letter Denying Request for Access to or for Obtaining Copy of Information of Record or Documentary Material -............................... 11 2. Addressing Requests for Records of Military Per- {Ts sec eehenaenatnsila inset eeetuamaaaiataitiiiie 12 3. Addressing Requests for Air Force Technical, Sup- ply, and Engineering Type Publications and Data.. 13 Supersedes AFR 12-30, 16 July 1969. (For summary of revised, deleted, or added material, see signature page.) OPR: AFDASB DISTRIBUTION: B 115 SECTION A—GENERAL INFORMATION 1. Types of Requests Covered by This Regulation: a. This regulation governs the disclosure or denial of documentary material to the general public. b. In addition to the general policies and procedures required by this regulation, many types of requests for information and records are subject to specialized or limited release procedures. Some of these are shown below. For a more complete listing, see AFR 190-12 (when published). Governing Type of Request Directive EE ee AFR 11-7 III CIID ss cresictnesitatideaninebiiisnpinsentebehionnianaen AFR 11-8 GREER SLR nan Oe COR OTC NTT AFR 12-30, AFR 110-5 Unclassified records of trial after courtsmartial _............ AFM 111-1 Ee NTN ca aoe AFR 12-30, AFR 190-12 Military personne] records ......................20:cc.-cceccccseseesceeseeees AFR 31-6 Accident/incident investigation and report .................... AFR 127-4 Procurement information or records ........................ Armed Services Procurement Regulations gg AFR 120-3 SECTION B—POLICIES GOVERNING DISCLOSURE OF RECORDS 2. Basic Policies on Disclosure: a. It is the policy of the Departments of Defense and the Air Force to make available to the public the maxi- mum amount of infermation and records concerning their operations and activities. b. This basic policy is subject to the necessary ex- ception, recognized in 5 U.S.C. 552(b) and discussed in paragraph 4, that certain records and other documentary material need not be made public. However, even when 116 nondisclosure is authorized by 5 U.S.C. 552(b) and para- graph 4, requested records and other documentary ma- terial should be disclosed if no significant purpose is served by withholding them. The determination of whether a significant purpose is served by withholding information under provisions of paragraph 4 is within the sole discretion of the Air Force. e. Determination that a record should be withheld must not be influenced by the possibility that its release might suggest administrative error or inefficiency or — embarrass the Air Force or an official of the Air orce. 3. Specific Policies on Disclosure: a. Any identifiable documentary material in the pos- session of the Air Force that qualifies as a “record” according to b below and is not exempted under para- graph 4 should be made available on the request of any person. b. In determining whether documentary material qualifies as a “record,” 44 U.S.C. 3301, quoted below, should be used as a guide. “As used in this chapter, “records” includes all books, papers, maps, photographs, or other docu- mentary materials, regardless of physical form or characteristics, made or received by any agency of the United States Government under Federal law or in connection with the transaction of public busi- ness and preserved or appropriate for preservation by that agency or its legitimate successor as evi- dence of the organization, functions, policies, de- cisions, procedures, operations, or other activities of the Government or because of the informational value of data in them.” (1) The term “records” does not include objects or articles such as structures, furniture, paintings, sculpture, three-dimensional models, vehicles, equipment, ete., what- ever their historical value as “evidence.” (2) Records are not limited to permanent or historical documents; they include contemporaneous ones as well. 117 c. For a record to be considered “identifiable” it must exist at the time of request. There is no obligation to create a record to satisfy a request for information. When the information exists in the form of several records at several locations, the requester should be referred to those sources if gathering the information would be burdensome. d. A requester must be reasonably specific in identify- ing each record he would like made available. The Air Force is not required to permit a requester to browse through entire files or large series of records to find a record he may then “identify.” The Air Force will make a reasonable effort to locate any records requested. A request for a specific record should not be denied solely because the record is maintained by computer. e. Requests for identifiable records may be denied only when an official designated in paragraph 7e de- termines that such a denial is authorized by this regula- tion. Other Air Force directives may contain specific procedures for release or denial of records. (See para- graph 1.) f. Pursuant to 5 U.S.C. 522(a)(3), requesters are charged the reasonable costs to the Air Force for search- ing, copying, or certifying records. Charges are de termined according to AFR 12-32 or 177-8. Except for any copies that are provided, no charge is made to the public for the use of establishing reading rooms or ref- erence libraries. g. Official requests for records or other documentary material received directly from foreign governments, their representatives, or international commands, may be an- swered only by offices holding delegation of disclosure authority letters as described in AFR 200-9. Other re- cipients will send such correspondence to the foreign disclosure policy office within their major command, or to HQ USAF (AFCVFB). h. Individual requests received from foreign nationals not officially representing their government will be pro- cessed as any other request in accordance with section D. Charges may be waived in accordance with AFR 12- 32, paragraph 3r, 28 April 1969. 118 4. Material That May Be Withheld From Disclosure. Records within the categories listed in a through h below are not required to be made available to mem- bers of the public. Nevertheless, any record that falls under one of these exempted categories should be made available to a requester if, in the judgment of the disclosure authority designated under paragraph 7, no significant purpose would be served by withholding it. a. Those containing information requiring protection in the interest of national defense or foreign policy according to the criteria established by AFR 205-1 or by Executive Order. b. Those containing rules, regulations, orders, manuals, directives, and instructions relating to the internal per- sonnel rules or internal practices of the Air Force. Ex- ample include: (1) Operating rules, guidelines, and manuals for Air Force investigators, inspectors, auditors, or examiners that cannot be disclosed to the public without substantial prejudice to the effective performance of a significant Air Force function. Some of these materials might reveal: (a) Negotiation and bargaining techniques. (b) Bargaining limitations and positions. (ce) Inspection schedules and methods. (d) Audit schedules and methods. (2) Personnel and other administrative matters such as examination questions and answers used in training courses or in determining the qualification of candidates for employment, entrance to duty, advancement, or pro- motion. ce. Those containing information authorized or re- quired by statute to be withheld from the public. The authorization or requirement may be found in the statute itself or in Executive Orders or regulations authorized by, or in implementation of, the statute. Examples in- clude: (1) Documentary material referred to in 18 U.S.C. §§ 1905—trade and financial information provided in confidence by business (see also e below). 119 (2) 35 U.S.C. §§ 181-88—Records containing informa- tion relating to inventions that are the subject of patent applications on which Patent Secrecy orders have been issued. d. Those containing information the Government has received from anyone, including an individual, a foreign nation, an international organization, a State or local government, a corporation, or any other organization, with the understanding, express or implied, that the information will be retained on a privileged or confiden- tial basis; or those containing similar commercial or financial information that the component develops in- ternally, if the information is, in fact, the kind nor- mally considered privileged or confidential. Examples of the types of information that may be within this exemption are: (1) Commercial information such as research data, formulae, designs, drawings, and other technical data and reports that: (a) Are significant as items of valuable property ac- quired in connection with research, grants, or contracts, (b) If owned by private parties would likely be held in confidence. (2) Commercial and financial information received in confidence in connection with loans, bids, or proposals, as well as other information received in confidence or privi- leged, such as trade secrets, inventions and discoveries, or other proprietary data. (3) Statistical data and commercial or financial in- formation concerning such matters as contract perform- ance, income, profits, losses, and expenditures. (4) Information customarily considered privileged or confidential under the rules of evidence in the Federal courts, such as information coming within the doctor- patient, lawyer-client, and priest-penitent privileges. (5) Personal statements given in the course of in- spections, audits, or investigations. (6) Any other information that customarily would not be released to the public by the person from whom it was obtained. 120 e. Except as provided in (3) below, those containing intra- and interagency communications. ae (1) One major purpose of this exemption is to in- sure that frank internal communication and a free ex- change of ideas among agency personnel is not inhibited. In this sense it is primarily concerned with opinions, suggestions, recommendations, evaluations, analyses, and discussions, as opposed to records of final actions taken. (2) Examples of the types of material that may nor- mally be withheld under this exemption are: (a) Staff papers that discuss a problem or contain advice, recommendations, analysis, suggestions, or evalua- tions. (b) Information received or generated by a component preliminary to a decision or action, when premature disclosure would harm the authorized appropriate pur- pose for which the records are being used. (c) Draft versions of documents. (d) Advice, suggestions, or reports prepared on be- half of the Air Force by ee —_ conferences, councils, commissions, orces or similar groups that are formed by the Air Force to obtain advice and recommendations. bah (e) Records of conversations or communications be- tween Air Force personnel or between such personnel and representatives of other agencies of the Executive branch, if the conversations or communications are merely advisory or preliminary in nature and do not represent any final official action. (f) Advance information on such matters as proposed plans to procure, lease, or otherwise acquire and dispose of materials, real estate, facilities, or functions when such information would provide undue or unfair com- petitive advantage to private personal interests. (g) Inspector general reports, auditor general reports, or other reports of inspections, investigations, or surveys that pertain to safety or the internal management, ad- ministration, or operations of the Air Force. (h) Records that are exchanged among Air Force per- sonnel or within and among Government agencies pre- t~ 121 paring for legal proceedings or anticipate proceedings before any Federal, State, or military court or regulatory (i) Records of Air Force evaluations of contractors and their products or services that, in effect, constitute advice or recommendations and could be used improperly to the advantage or detriment of private interests. (j) Reports of proceedings to select personnel for as- signment, school, promotion, retention, and similar pur- (3) Any such intra- or interagency records or other documentary material that would routinely be made avail- able through the discovery process in the course of litiga- tion with the agency may not be withheld. However, if the material would only be made available through the discovery process by special order of the court, based on the particular needs of a litigant balanced against the interests of the agency in maintaining its confidenti- ality, then the record or document should not be made available to a member of the public. f. Those containing information from personnel and medical files. 7 (1) When the sole and exclusive basis for withholding such information is protection of the personal privacy of a person, the information should not be withheld from him or from his designated legal representative. (2) An individual’s personnel or medical files may be withheld from him or from his designated legal rep- resentative for reasons other than the protection of his personal privacy when Civil Service Commission regula- tions or other regulations so authorize. g. Those containing information from files similar to medical and personnel files where there would be a clearly unwarranted invasion of the personal privacy of a per- son if the information were disclosed. (1) Examples of similar files are those: (a) Compiled to evaluate or adjudicate the suitabiltiy of candidates for civilian employment and the eligibility of individuals, whether civilian, military or industrial, for security clearance. 122 (b) Containing reports, records, and other material pertaining to personnel matters in which administrative action, including disciplinary action, may be taken or has been taken. (c) Containing information about an individual’s per- sonal or financial affairs that the individual would not normally disclose publicly. Included are: 1. DD Form 1555, “Confidential Statement of Em- ployment and Financial Interests-DOD Personnel.” 2. DD Form 1555-1, “Confidential Statement of Em- ployment and Financial Interests (for use by special DOD Employees) .” (2) In determining whether the release of information would result in a clearly unwarranted invasion of pri- vacy, consideration should be given, in case such as those involving alleged misconduct, to: (a) The amount of time that has passed since the alleged misconduct. (b) The degree to which the individual’s privacy has already been invaded, and (ce) The relationship of the alleged misconduct to an employee’s official duties. The release of information concerning alleged misconduct that is closely related to official duties, has occurred recently, and has already been exposed to the public is less likely to constitute a clearly unwarranted invasion of personal privacy. (3) When the sole and exclusive basis for withholding information .is protection of an individual’s personal privacy, the information should not be withheld from him or from his designated legal representative. (4) Information from such files may be withheld from an individual or from his legal representative for ree- sons other than protection of his personal privacy when authorized by Civil Service Commission regulations or other directives. h. Those containing information from investigatory files compiled to enforce civil, criminal, or military law, including Executive Orders or regulations validly adopted pursuant to law. Included within this exemption are: 123 (1) Reports, statements of witnesses, and other ma- terial based on the information developed during the course of an investigation and all materials prepared in connection with related Government litigation and ad- judicative proceedings. OSI reports, for example, con- cerning suspected violations of the Uniform Code of _ Military Justice and other laws come within this pro- vision. (2) Investigatory files compiled to enforce Executive Orders or the directives of a component of the Depart- ment of Defense. (3) Lists or identifications of firms or individuals suspended under procurement regulations when the lists are compiled in connection with investigations of ir- regularities. SECTION C—“FOR OFFICIAL USE ONLY” MATERIAL 5. Use of the Term “FOR OFFICIAL USE ONLY”: a. Unclassified records and other documentary ma- terial will be considered as being “FOR OFFICIAL USE ONLY” if they are authorized to be withheld from gen- eral public disclosure under paragraph 4, and if, for a significant purpose, they should not be given circulation. b. A record that is considered “FOR OFFICIAL USE ONLY” may be marked “FOR OFFICIAL USE ONLY” when such marking is deemed necessary to insure that all persons having access to the record are aware that it should not be publicly released and should not be handled ar eyesore! Individual folders, records, and files covering specific kinds of subject matter, normally falling within the exemptions in paragraph 4. such as personnel, and medica) files, bids, proposals, anc the like, which are covered by rules and regulations #\.*ify- ing what may be released publicly do net regijire ‘he marking unless transmitted under circumstances where marking is essential to insure protection of the infwrma- tion involved. 124 (1) The marking must not be used on records or other documentary material classified for security rea- sons; but if otherwise proper under this regulation, the marking may be applied to records or other documentary material that has been declassified. For detailed proce- dures on the marking, control and protection of “For Official Use Only” material see AFR 12-31. (2) Information contained in a technical document for which a distribution statement under AFR 310-2 is de- termined to be appropriate is not marked “FOR OFFI- CIAL USE ONLY.” 6. Disclosing “FOR OFFICIAL USE ONLY” Informa- tion: a. Material considered “FOR OFFICIAL USE ONLY” must be safeguarded from general disclosure whether or not the material is marked “FOR OFFICIAL USE ONLY.” b. Records or other documentary material improperly marked “FOR OFFICIAL USE ONLY” may not be withheld from public disclosure. ce. Material properly considered “FOR OFFICIAL USE ONLY” under paragraph 5a does not mean that it must be withheld from all requesters. It only indicates that the material should be given limited circulation. It may be made available to one requester when no signifi- cant purpose would be served by withholding the material from him, yet denied to another. For example, a werson’s personne] records may be con- sidered to be “FOR OFFICIAL USE ONLY,” yet nor- mally they would be released to him. Similarly, and otherwise releasable document containing proprietary in- formation would be considered “FOR OFFICIAL USE ONLY,” yet no significant purpose would be served by withholding it from the firm that had submitted it to the Government. 125 SECTION D—PROCESSING REQUESTS TO INSPECT OR COPY RECORDS 7. Persons Authorized To Disclose or Not To Disclose Records Requested by Members of the Public: a. Anyone having the authority to disclose and re- lease unclassified records and other documentary material is called a disclosure authority. Except for categories of records lizted in d below, or as specially authorized by other Air Force directives, the following have authority to make available unclassified records or other docu- mentary material: (1) Chiefs of offices at directorate or higher level at HQ USAF. (2) Commanders at major command o; comparable level. Major commands may delegate this authority to directorate or comparable level at major command head- quarters, and to the level of installation. wing or com- parable commanders. b. In each case the authority to release records and documentary material of a routine ne*ure which here- tofore by policy or practice have been made available to the general public may be delegates to a lower level, but must be maintained high enough to insure that re- leases are made by a responsible authority and are in accordance with this regulation. Examples of such types of records and documentary material are: wnclassified publications, photographs, local reports and statistics, ete., not designated “FOR OFFICIAL USE ONLY.” ce. When appropriate under this regulation, « dis- closure authority at the major comn«nd or comperable level or directorate or higher avi wriy withie HQ USAF is authorized to refuse to me » avadiiavle unelas- sified records or other documentary «terial to omemibers of the public. Commanders of major “mmands may deie- gate this authority to directorate or comparaiitile level at major command headquarters, and to ‘we wel of instal- lation, wing, or comparable commander: Sweh delegation must be made with sufficient restricticns to imeure uni- formity in release policies, and must in ude, as a mini- mum safeguard, a procedure for consul ation with the 126 major command Staff Judge Advocate before denial of a request. (See also d below.) d. The activities and persons listed below may either disclose, or refuse to disclose, the types of records cited when appropriate under this regulation. Type of Record Disclosure Authority (1) For use in litigation The Judge Advocate General, or other authority listed in AFR 110-5. (2) Records of trial after The Judge Advocate General, or courtsmartial other authority listed in AFR 111-2. (3) Medical Records The director of base medical services or a designated medical officer, subject to the require- ments of AFM 168-4. (4) Inspector General reports Secretary of the Air Force as of investigation outlined in AFR 120-3. (5) Accident/Incident Investi- Secretary of the Air Force, as gations (ground/explosives outlined in AFR 127-4. accidents are excluded from this requirement). e. A copy of each denial made per authority of this paragraph will be sent to HQ USAF (AFJAL) Wash DC 20330, along with a copy of the request being denied. 8. Responsibilities of Disclosure Authorities Listed in Paragraphs 7a and b. Disclosure authorities listed in paragraphs 7a and b, proceed as follows when they re- ceive requests from members of the public. a. If the Material Requested Then the Activity (1) Is not in the activity’s pos- Sends the request direct to the session. appropriate activity, if known; to HQ USAF (AFDASBA) WASH DC 20330, if not known. (2) Has been marked or desig- Sends the request to the higher nated “FOR OFFICIAL authority for disposition. USE ONLY” by a higher authority or appears to be of primary interest to a higher authority. 127 b. If the material requested does not fall within a (1) and (2) above, it should be made available to the requester, unless it is determined to be “FOR OFFICIAL USE ONLY” under paragraph 5a. In determining whether the material should be made available, the dis- closure authority must consult with at least the following: (1) The Siaff Judge Advocate. This is not necessary, however, if the staff judge advocate has issued a gen- eral opinion as to the releasibility of the particular type of record or documentary material requested. (2) The Information Officer. If necessary the infor- mation officer will inform the appropriate public affairs officials in advance when a record containing potentially newsworthy material is to be released or it is likely that a withholding action will be contested. For ez- ample, the Secretary of the Air Force, Office of In- formation (SAFOI), and the major command should be informed when the material involved is of national or international significance. c. Where appropriate, the disclosure authority may consult with higher headquarters or other activities or agencies having an interest in the requested material. For example, if his activity was the recipient of a docu- ment, he may wish to consult the originator. Conversely, if his activity was the originator, he may wish to con- sult the recipient. d. If the disclosure authority determines that the re- quested material may be made available, he will take one of the following actions: If the Requester Then the Disclosure Asked Authority Will (1) To inspect the documentary Tell him when and where the material material may be inspected. If a fee is to be charged under AFR 12-32 or 177-8, inform him of the cost and, except for urg- ent requests, tell him he must pay this amount before inspect- ing the document. 128 (2) For a copy of the documen- Inform him of the fee required tary material under AFR 12-32 or 177-8 and tell him that after payment, ex- cept for urgent requests, the ac- tivity will furnish him a copy or copies of the document. (After payment, or before pay- ment for urgent requests, the copies should be produced as fast as possible without impairing the activity’s ability to perform other duties.) e. Disclosure authorities who are not authorized by paragraph 7c to refuse to make available unclassified records or other documentary material should send any proposed denial to the next higher refusal authority for decision. The submission should include the case file and a statement of reasons for not disclosing the re- quested material. | f. If the disclosure authority authorized by paragraph 7e determines that the requested material should not be disclosed he should follow the procedures in paragraph 10. 9. Responsibilities of the Disclosure Authorities Listed in Paragraph 7d. Activities listed in paragraph 7d fol- low their own procedures in processing requests. How- ever, the determination as to whether material should be made available must be made in accordance with this regulation. 10. Responsibilities of a Disclosure Authority Who Is Authorized To Refuse To Make Documents Available: a. If he decides to approve a request when a sub ordinate disclosure authority has recommended denial, he instructs the disclosure authority to make the docu- ment available under paragraph 8d. b. If he determines that the document should not be made available, he sends the requester an original and at least one copy of a letter notifying him that his re- quest is denied. (See attachment 1 for suggested for- mat.) At the minimum this letter must: 129 (1) Inform the requester that his request is being denied because the requested record contains information falling within one or more of the exemptions in para- graphs 4a-4h (state which exemption or exemptions ap- ply), and is thus exempted from mandatory disclosure under 5 U.S.C. 552(b). (2) Inform the requester of the appeal procedure in paragraph 15. ec. He should keep a complete file on the case for use in the event of an appeal. 11. Responsibilities of Directors and Chiefs of Adminis- tration. Within each activity, the office of the director or chief of administration is the office with primary responsibility for handling requests for records or other documentary material. As such, it will: a. Be the primary point for: (1) Receiving and processing requests for records and documentary material. (2) Providing facilities and services for inspecting, copying, and furnishing extra copies of records and other documentary material. (3) Collecting fees and charges when appropriate. Charge for publications and forms and for copying, certifying, or searching records according to AFR 12- 32 or 177-8. If a request is received for a publication that the AFR O-series indicates is on sale at the Gov- ernment Printing Office, inform the requester that: (a) A copy will be provided for him at the prevailing rate, if he desires; but (b) He may be able to purchase the document at a lower price from the Superintendent of Documents, US Government Printing Office, Wash DC 20402. b. Make available to the general public master pub- lication libraries established under AFR 5-31. Do not charge for normal research services provided. Standard and recurring departmental publications not marked “FOR OFFICIAL USE ONLY” will be made available without review in accordance with AFR 12-31, para- graph 4a. Requests for standard and recurring de- 130 partmental publications marked “FOR OFFICIAL USE ONLY” will be referred to HQ USAF (AFDASBA) Wash DC 20330. Publications containing copyright material may be made available for public inspection. However, the copying or sale of such publications may be re- stricted. Refer publications containing copyright ma- terial to the OPK for processing in accordance with AFR 110-8. ce. Establish coordination and local working agreements between Administration reference libraries and other functional areas that maintain technical, professional, and specialized types of documentation. d. Send each request for records to the appropriate disclosure authority listed in paragraph 7. If more than one activity possesses a record or have a substantial interest in it, send the request to the higher of the activities. e. Notify the requester that his request cannot be satisfied when the record is not sufficiently identified. Request that he send further identification if possible. This kind of notification is not considered a denial under paragraph 15. f. Send requests promptly and direct to other Govern- ment agencies when the requested documentation is in their possession. Notify the requester of the referral. When the request is for copies of material primarily con- cerning a member of Congress or a congressional com- mittee, or for transcripts of testimony given before a congressional committee refer the requester to the mem- ber or committee involved. 2. Expedited Handling Required. Activities at all po Pe must expedite their handling of any request from members of the public to inspect or copy records. They should make every effort to avoid creating procedural obstacles when internal Air Force organizational prob- lems arise, particularly where reorganization or trans- fer of function contributes to an improperly directed request. Air Force personnel will make all reasonable efforts to assist private persons in directing requests for records and other documentary material to the ap- propriate authorities. (See AFR 11-25.) 131 SECTION E—HOW THE PUBLIC SUBMITS REQUESTS FOR DOCUMENTS 13. Identifying Material Requested. Request to inspect or obtain copies of records or other documentary ma- terial normally should be made in writing. It should contain at least the following information: a. An identification as complete as possible of the desired material, including (if known) its title or de scription, its date, and the issuing authority. b. With respect to matters of official record concern- ing civilian or military personnel, the first name, middle name or initial, surname, date of birth, and social se- curity account number of the individual concerned, if known. c. A statement as to whether the requester wishes to inspect the record or obtain copies of it. d. Standard Form 180, “Request Pertaining to Mili- tary Records,” is used by Federal agencies to obtain information from military service records that are in the National Personnel Records Center (Military Per- sonnel Records). Agencies may furnish copies of SF 180 to the public to facilitate unofficial inquiries and may direct nongovernment organizations to the Superinten- dent of Documents to purchase quantities of the form. 14. Addressing Requests. Requesters should address their requests as follows: Nature of Request Address a. For matters of official reord HQ USAF (AFJALF); Wash for use in litigation, DC 20330, or the activity where the record is located, if known. b. For matters of record con- Civilian personnel officer of base cerning civilian employees or activity where person is em- currently employed by the ployed. Air Force. c. For matters of record con- National Personnel Records Cen- cerning civilian employees no ter, GSA, (Civilian Personnel longer employed in the Fed- Records). 111 Winnebago St St eral service, Louis MO 63118. 132 Nature of Request d. For matters of record con- cerning members and former members of the Air Force, Air Force Reserve, or Air National Guard. e. For matters of record con- cerning standard (adminis- trative type) publications, that is Air Force Regula- tions, Manuals, Pamphlets, etc. f. For matters of record con- cerning Air Force technical, supply and engineering pub- lications and data. g. For matters of record con- cerning Major Command standard (administrative) type publications. h. For other records, where the location of the record is known, Address See attachment 2. HQ USAF (AFDASBA) or Di- rector of Chief of Administra- tion of any Air Force Base. See attachment 3. Director of Administration of the major command concerned. Director or Chief of Administra- tion, activity where record is lo- cated. i. For records retired to rec- See AFM 12-50, chapter 8, and ords centers or other reposi- attachments 2 and 3. tories. j. For other records, where lo- HQ USAF (AFDASBA) Wash cation is not known, DC 20330. SECTION F—APPEALS FROM REFUSALS TO MAKE RECORDS AVAILABLE 15. Filing an Appeal: a. A person whose request to copy or inspect a record or other documentary material is denied may appeal this decision to the Secretary of the Air Force within 45 days of denial. A requester will not be considered to have exhausted his administrative remedies within the Department of the Air Force unless such an appeal has been filed and a Secretarial decision has been made. This decision will be final action of the Air Force on the request. b. The appeal should be addressed to the Secretary of the Air Force and sent through the disclosure au- 133 thority who denied the request. Any statement of reason or arguments must be submitted in writing when the appeal is filed. A personal appearance is allowed only at the discretion of the Secretary. ce. The disclosure authority will promptly send the appeal and, if practicable, a copy of the record re- quested to HQ USAF (AFJAL), Wash DC 20330, for processing. If the requested record is too voluminous to send, a description thereof may be substituted. How- ever, sufficient information to permit disposition of the appeal must be included. 16. Processing an Appeal: a. HQ USAF (AFJAL) will either release the re- quested record or send the appeal to the Secretary (SAFAA) for decision. If the appeal is denied, the decision must be explained to the requester in writing. b. A copy of his explanation is sent to the General Counsel, Department of Defense, Wash DC 20301, if the requester seeks reconsideration by the Secretary, or in- itiates legal action to compel release of the record. By ORDER OF THE SECRETARY OF THE AIR FORCE OFFICIAL JOHN D. RYAN, General, USAF Chief of Staff JOHN F. RASH, Colonei, USAF Director of Administration Summary of Revised, Deleted, or Added Material This regulation adds references to other Air Force directives (para 1 and 7d(5)); changes the procedure for handling official requests from foreign governments (para 3g); requires that a copy of each letter of denial be sent to HQ USAF (AFJAL), (para 7e); adds locations for obtaining specific publications (para 14 and atch 3); and changes the method of handling appeals (paras 15 and 16, and atch 1). 134 SAMPLE FORMAT FOR LETTER DENYING REQUEST FOR ACCESS TO OR FOR OBTAINING COPY OF INFORMATION OF RECORD OR DOCUMENTARY MATERIAL Office Symbol Request for Copy of (or Inspection of) (Identify In- formation ) (Requester’s Name and Address) 1. (The) (a portion of the) information requested in your letter of (date) is exempt from disclosure under Pub. L. 90-23, 5 U.S.C. 552(b). It is not releasable because it contains information that (copy from or summarize the applicable subparagraphs of AFR 12-30, paragraph 4). 2. The decision to withhold release of this information may be appealed in writing to the Secretary of the Air Force within 45 days from the date of this letter. Include in your appeal any reasons for reconsideration you wish to present, and attach a copy of this letter. Address your letter as follows: of the Air Force, thru (Example: HQ AFLC (MCGSD), Wright- Patterson AFB OH 45433). NOTE: If this is a partial denial of the request, add the following paragraph if copies of releasable records are to be sent. 8. Copies of the releasable portion of the information you requested (are attached) (will be sent by separate letter). (Signature of Authorized Disclosure Authority) (Stamped (or typed) Name, Position, Title, and Office of Disclosure Authority) Note: Vary the format to fit the circumstances. Send it in dupli- cate. Prepare individual letter in each case. Do not use forms. AFR 12-30 135 7 July 1970 Records of members and former members of the Air Force are maintained in different loca. tions depending: on the member’s current status. Accordingly, requests for such records should be addressed as indicated in Table 1: TABLE 1 | ADDRESSING REQUESTS FOR RECORDS OF MILITARY PERSONNEL | R el U A B c ; 2 If the individual is presently and he is/was then inquiry should he addressc! to 1 jon extended active duty a commissioned his organization of a the ed of Cadet Personnel and Administration Sincerely, FREDERICK L METCALF Capt, USAF 2 Atch Executive Secretary As Stated 151 TELEPHONE SPRING 7-7560 NEW YORK UNIVERSITY LAW REVIEW 249 Sullivan Street New York, N.Y. 10012 Box 4J 33 Washington Square West New York, N.Y. 10011 November 18, 1971 Captain Frederick L. Metcalf Association of Graduates USAF Academy, Colorado 80840 Dear Captain Metcalf: Would you please send me a copy of Five Year Plan for the United States Air Force Academy, May 1968? I would greatly appreciate it. Thank you. Sincerely, /s/ Michael T. Rose MICHAEL T. ROSE Ist Lt., USAF 152 21 Dee 71 Lt Michael Rose Please write directly to the Dean of Faculty, USAF Academy, to request a copy of the Five Year Plan for the USAF Academy, May 1968. Best wishes for a joyful holiday season and a pros- perous new year. Sincerely, FREDERICK L METCALF Capt, USAF Executive Secretary 153 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 72 Civ. 1605 MICHAEL T. Rose, CHARLES P. DIAMOND, EDITOR-IN- CHIEF, NEW YoRK UNIVERSITY LAW REVIEW, LAw- RENCE B. PEDOWITZ, Former EDITOR-IN-CHIEF, NEW YORK UNIVERSITY LAW REVIEW, PLAINTIFFS v8. DEPARTMENT OF THE AIR ForCE, RoBert C. SEAMENS, JR., SECRETARY OF THE AIR FORCE, LIEUTENANT GEN- ERAL ALBERT P. CLARK, USAF, SUPERINTENDENT OF THE UNITED STATES AIR FoRCE ACADEMY, BRIGADIER GENERAL WALTER T. GALLIGAN, USAF, COMMANDANT OF CADETS, UNITED STATES AIR FORCE ACADEMY, MAJOR CHARLES E. Hart, USAF, DEFENDANTS SUPPLEMENTAL AFFIDAVIT OF FREDERICK L. METCALF Captain Frederick L. Metealf, being first duly sworn, deposes and says: I am the same Frederick L. Metcalf who executed an affidavit in the above entitled action on 26 May 1972. In reference to that portion of the aforementioned affi- davit relating to release of statistics, analyses or com- ments, it is possible that release of any portion of the graduate studies to members of the public and par- ticularly to authors of publications, other than myself, could cause concern among graduates generally about the use to which their frank and confidential answers to questionnaires had been put. At the time I forwarded such questionnaires to graduates in December 1968 and September 1969, I specifically promised anonymity in reference to their responses. /s/ Frederick L. Metcalf FREDERICK L. METCALF 154 STATE OF COLORADO ‘ CouNTY OF EL Paso ) Subscribed and sworn to before me this 13th day of 1972. 7 /s/ Beverly J. Ohm BEVERLY J. OHM Notary Public My commission expires 12 April 1975 — 155 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 72 Civ. 1605 MICHAEL T. ROSE, CHARLES P. DIAMOND, EDITOR-IN- CHIEF, NEW YORK UNIVERSITY LAW Review, LAw- RENCE B. PEDOWITZ, FORMER EDITOR-IN-CHIEF, NEW YORK UNIVERSITY LAW REVIEW, PLAINTIFFS vs. DEPARTMENT OF THE AIR FORCE, ROBERT C. SEAMENS, JR., SECRETARY OF THE AIR ForRCE, LIEUTENANT GEN- ERAL ALBERT P. CLARK, USAF, SUPERINTENDENT OF THE UNITED STATES AIR FORCE ACADEMY, BRIGADIER GENERAL WALTER T. GALLIGAN, USAF, CoMMANDANT OF CADETS, UNITED STATES AIR FoRCE ACADEMY, MAJOR CHARLES E. HART, USAF, DEFENDANTS AFFIDAVIT OF MAJOR CHARLES E. HART 1. My name is Charles Edgar Hart. I am a major in the United States Air Force and a 1960 graduate of the United States Air Force Academy, presently sta- tioned at the United States Air Force Academy. My duty at the Academy is Commandant’s Executive for Honor and Ethics and I have served in this position since June 1971. This duty entails being the supervisor and advisor to the Cadet Honor and Ethics Committee. 2. On approximately the first of September, 1971, First Lieutenant Michael T. Rose came to the office of the Executive for Honor and Ethics at the United States Air Force Academy to discuss his interest in writing an article for the New York University Law Review con- cerning the disciplinary systems at the nation’s service academies. He was especially interested in the Air Force Cadet Wing’s Honor and Ethics Committees and their administration of the respective Honor Code and Ethics program. I talked with Lt Rose during two periods that totaled more than two hours. We discussed the 156 changes in the Honor Code and the logic behind Honor Code procedure. Lt Rose seemed intent on describing the Cadet Honor Code as part of the disciplinary system of the Academy and that this disciplinary system should be subject to the rules of criminal law. He suggested that he had gained permission to use Academy records and that I could provide him a list of items including all reference materials used throughout the history of the Honor Code as well as the specific case write-ups. I informed Lt Rose that I would need to check on a re- lease form in the Registrar’s office before I could release any case write-ups. He asked more about this form which I could only explain as having a statement on it which permitted the Academy to release the honor cases to certain people or types of institutions and that this form permitted us to answer such things as the requests from educational institutions for the circum- stances of a cadet’s departure from the Academy. I agreed to forward all the requested items to Lt Rose as soon as I could compile them. 3. After Lt Rose had departed the office, I asked the Vice Commandant if he was aware of what Lt Rose was requesting. The Vice Commandant informed me that no agreement had been made to permit Lt Rose the right of using specific honor cases and that, in fact, Lt Rose had specifically been told he could not have any honor case write-ups. I forwarded a selection of past and present honor manuals along with other honor source material, not including honor case write-ups, to Lt Rose on 8 September 1971. 4. In early October 1971, I received Lt Rose’s letter dated 23 September. The delay in delivery was caused by an improper address. The letter asked me to send the honor and ethics case write-ups. On 15 October 1971, I replied to this request stating that all of these cases are documented “For Official Use Only” and are disseminated for internal use only to the Honor Rep- resentatives and those few staff personnel who have a continuing need to understand the workings of the Cadet Honor Code. It would, I feel, be in poor faith with all 157 cadets who have met honor hearings to allow their cases to come into the public eye. 5. In early December, I received Lt Rose’s letter of 28 November 1971, requesting write-ups of ethics cases. I was unable to meet his request since we do not keep comprehensive ethics records. In late December 1971 Brigadier General Walter T. Galligan, Commandant of Cadets, received an appeal from Lt Rose to my denial of the write-ups of ethics cases. I prepared for General Galligan’s signature, the answer dated 6 January 1972. The reason no explanation was made in that letter re- garding Lt Rose’s rights of appeal or any reference to the Freedom of Information Act was that during my previous discussions and correspondence with Lt Rose, he advised me that he had certain rights which were available to him if I failed to provide him with the re- quested information. He told me about his right to ap- peal to higher authorities in the Air Force as well as his rights under the Freedom of Information Act. 6. I also answered a letter from Lt Rose in January, 1972, inquiring about a speech by Secretary of War, Newton Baker. The only reference I could find was a speech by the Commandant of Cadets in 1955 relating to comments made by Secretary of War, Newton Baker, referring to the value of the honor code as it relates to the military profession. There was no primary docu- mentation in my records. 7. It is my opinion that the write-ups or briefs of honor and ethics cases, even with the names of the parties deleted and even though they might not be notorious, should not be supplied to Lt Rose. There is no way of determining just how these facts will be or could be used. This data could find its way to relatives, friends and classmates of cadets and supply the missing link in dis- closing the identity of a guilty cadet. No person who has made a mistake and been punished should have to have this mistake follow him for the rest of his life. 158 8. I have never received any requests, correspondence or contact with the other plaintiffs in this suit. /s/ Charles E. Hart CHARLES E. HART STATE OF COLORADO ) ) CouNTY OF EL Paso i+?) Subscribed and sworn to before me this 30 day of May 1972. /s/ Beverly J. Ohm BEVERLY J. OHM Notary Public My commission expires 12 April 1975. 159 UNITED STATES DISTRICT COURT for the SOUTHERN DISTRICT OF NEW YORK Civil Action File No. 72 Civ. 1605 MICHAEL T. ROSE, CHARLES P. DIAMOND, EDITOR-IN- CHIEF, NEW YORK UNIVERSITY LAW REVIEW, LAW- RENCE B. PEDOWITZ, FORMER EDITOR-IN-CHIEF, NEW YorK UNIVERSITY LAW REVIEW, PLAINTIFFS v. DEPARTMENT OF THE AIR FORCE, RoBerRT C. SEAMENS, JR., ET AL., DEFENDANTS AFFIDAVIT I, MAJOR RICHARD R. LEE, on my oath do hereby depose and say: That I am a Tenure Associate Professor of Law at the United States Air Force Academy, Colorado, and have been assigned at the Academy since July 1963. As part of my regularly assigned duties as an instructor and judge ad ocate, I have been Legal Adviser to the Cadet Honor and Ethics Committees since July 1965. With regard to the Cadet Honor Committee, this addi- tional duty involves giving legal advice and assistance, upon request, to elected Honor Representatives who in- terpret and administer the Honor Code in the Cadet Wing. That in early September 1971, a former cadet, Lieu- tenant Michael T. Rose, came to the Law Department and requested an interview with me concerning an ar- ticle or note he proposed to write for the New York University Law Review. He stated that he intended to write about the administration of the Honor Code and I discussed this subject with him for approximately two hours. As a former cadet, Lieutenant Rose was well informed as to the internal operation of the Code. Most of the 160 interview involved discussion of the requirements of due process of law afforded those cadets who are accused and those who are subsequently found guilty of violations of the Honor Code. It became apparent that Lieutenant Rose believed that the traditional concepts of due process in criminal proceedings should be applicable to all pro- ceedings involving the Honor Code at the Academy, and specifically including the entitlement to counsel. I asked him if he had had a course in Administrative Law in Law School, and he replied that he had not. I then attempted to distinguish administrative and criminal proceedings and the requirements of due process of law applicable to each, and I suggested some reference books and specific cases, including Dunmar v. Alles, 348 F. 2d 51 (D.C. Cir. 1965), and Wason v. Trowbridge, 382 F. 2d 307 (2d Cir. 1967), which he might wish to read and study before writing his article. He appeared to ap- preciate the suggestions and at the conclusion of the interview he asked if he would be permitted to review the files of some specific honor cases and include them in his article in the form of footnotes for the purpose of illustration. I informed him that, in my opinion, such information would be considered a part of the individual cadet’s personnel records and, as such, could not be made available to him. I attempted to explain that honor cases are not official public hearings and that such information is both embarrassing and personal to the individual concerned and that the Air Force had a duty to respect, to the greatest extent possible, the rights of privacy of its personnel. I then suggested that he might wish to talk to the officer in Charge of Honor and Ethics, Major Charles E. Hart, and the interview ter- minated. 161 I have never met and have never been contacted, by telephone, correspondence, or otherwise, by the other Plaintiffs in this action, Charles P. Diamond and Law- rence B. Pedowitz. /s/ Richard R. Lee (SEAL) RICHARD R. LEE, Major, USAF United States Air Force Academy, Colorado STATE OF COLORADO COUNTY OF EL Paso Subscribed and sworn to before me this 26 day of May 1972. /s/ Mary S. Bullock MAkyY S. BULLOCK Notary Public For the State of Colorado My commission expires 30 September 1973. 162 UNITED ~ DISTRICT COURT or the SOUTHERN DISTRICT OF NEW YORK Civil Action File No. 72 Civ 1605 MICHAEL T. ROSE, CHARLES P. DIAMOND, EDITOR-IN- CHIEF, NEW YORK UNIVERSITY LAW ReEviEw, LAW- RENCE B. PEDOWITZ, FORMER EDITOR-IN-CHIEF, NEW YorK UNIVERSITY LAW REVIEW, PLAINTIFFS v. DEPARTMENT OF THE AIR FORCE, RoBERT C. SEAMENS, JR., ET AL., DEFENDANTS AFFIDAVIT I, COLONEL MARCOS E. KINEVAN, Colonel, USAF, on my oath do hereby depose and say: I am the Permanent Professor and Head of the Law Department and also the Staff Judge Advocate at the United States Air Force Academy. I have been at the Academy since June 1960, except for a two-year (1965- 1967) assignment at Headquarters, Pacific Air Forces. Michael Rose, a plaintiff in the above captioned ac- tion, is a 1969 graduate of the Air Force Academy. I recall first meeting him during his first class (senior) year, when he applied for permission to enter law school following graduation. The Academy declined to endorse him, but several months later, I was informed that following his graduation and assignment to duties in the Air Force, Rose had applied and been accepted by New York University’s School of Law, and that The Judge Advocate General, USAF, had approved his application for excess leave to attend there. I heard nothing more of him until I received a letter purportedly from him, dated 21 August 1971 (Atch 1). In this letter, he expressed a wish to write a student note for the NYU Law Review concerning the “adminis- trative disciplinary systems of the five service academies,” 163 in which he would discuss the “substantive and proce- dural due process aspects” of the systems, to include an analysis of the proceedings of the Air Force Academy’s Cadet Honor Committee, Cadet Ethics Committee, Com- mandant’s Disciplinary Board and “dismissal boards.” He stated that such a paper could not be written with- out the “wholehearted cooperation” of Academy “au- thorities” and their willingness to assist him. He also expressed concern that his paper might in some way jeopardize his opportunities in the Air Force. He wrote that he would be here between 1 and 10 September, and asked me whether I or “other proper authorities” would object to such a paper, and whether the Law Department and other authorities would assist him in obtaining the information he needed. On 30 August 1971, I responded to Rose’s letter (Atch. 2). In my reply, I first assured him that authoring “an accurate and objective” note should not cause him any concern about jeopardizing his career. I specifically informed him that the practice and procedures he de- sired to analyze were set forth in Air Force and Academy regulations which were readily available to anyone. How- ever, I went on to suggest to him that the scope of his proposed subject might be far too extensive for a stu- dent note, and that he might consider narrowing his study to something he could explore more thoroughly and accurately. Because the information he ostensibly wanted amounted to no more than the specific regula- tions and directives necessary to supplement the under- standing he, as all other cadets, have of the various administrative procedures mentioned, I expressed some confusion as to why he had asked for assistance and cooperation, beyond that of providing him with copies of the pertinent directives. Also, I informed him that if he had something else in mind which would require interviewing officials or researching confidential files, he might better expand his efforts on some other topic because access that that type of personal information, even assuming he obtained the required SAFOI clear- ance, would not be available to him. In early September, without further notice, Rose ap- peared at my office at about 1300 one day, and for the 164 next hour to hour and a half, we discussed what he had in mind. We talked at length about the various methods, administrative and judicial, under which a cadet might be separated. Also, we discussed in detail the length to which the Academy goes to assure due process to cadet respondents before administrative boards (e.g., the extensive legal counseling provided them; legal repre- sentation at the hearings: reviews and appeals), and how this far exceeds rights accorded students at civilian colleges. Additionally, we discussed how internal cadet actions, such as Honor Committee hearings handled by the students themselves, differed. I repeated to Rose that he was at liberty to see or have copies of all the Academy regulations relating to these matters, but he indicated that he thought he would be wasting his time unless he were able to see the in- dividual case files pertaining to cadets who have been disenrolled. He said that the names of particular former cadets would not be used in his proposed paper, but that he wanted to set forth the facts of various cases, par- ticularly honor violations, in footnotes. I advised him that, to my knowledge, the Cadet Honor Committee did not have verbatim or even summarized records of its proceedings, and the only “records” might be brief, one-page summarizations of each case which were pro- vided only to the cadet honor representative from each of the forty cadet squadrons for internal purposes re- lated to training and administration of the Honor Code by the cadets themselves. Moreover, I suggested to him that any records which might exist are very carefully restricted to use of cadets within the Cadet Wing, and it would amount to an invasion of the privacies of the cadets involved, such as those who have resigned after their fellow cadets found them to have cheated, lied or stolen, to disclose the details of their misconduct out- side of the Cadet Wing. I then suggested that he take the matter up with the Commandant (B/Gen Galligan) or the Commandant’s Executive for Honor and Ethics (Major Hart), but that first he might wish to discuss the Honor Committee functions with Major Lee, Tenure Associate Professor of Law, who serves as Legal Ad- a wectne: 165 visor to the Honor Committee. I introduced him to Major Lee, whose office adjoins mine, and I departed for a scheduled meeting. I next heard from Rose by a letter dated 23 September 1971 (Atch 3), with which he enclosed a copy of a letter of the same date he sent to Major Hart. In his letter, he asked me to advise the “proper officers of the Commandant’s office” to send him the “Honor Code Reading File.” This I declined to do, for reasons which I believe had already been made abundantly clear to Rose. The other two plaintiffs in this action, Charles P. Diamond and Lawrence B. Pedowitz, are unknown to me. To my knowledge, neither has ever made any re- quest whatsoever for any files, records or other in- formation at the United States Air Force Academy. /s/ Marcos E. Kinevan Marcos E. KINEVAN, Colonel, USAF United States Air Force Academy Colorado STATE OF COLORADO CouNTY OF EL Paso Subscribed and sworn to before me this 15 day of September 1972. /s/ Beverly J. Ohm BEVERLY J. OHM Notary Public For the State of Colorado My commission expires 12 April 1975. 166 Box 4J 33 Washington Square West New York, N.Y. 10003 21 Aug 71 Colonel Marcos E. Kinevan Department of Law USAF Academy, Colorado 80840 Dear Colonel Kinevan: I am a 1969 Air Force Academy graduate, a New York University law student, and a staff member of the NYU Law Review. To graduate from New York University Law School I must write a publishable law note. Upon my suggestion, the Editorial Board of the NYU Law Review has invited me to write for publica- tion therein a law note on what we perceive is an interesting topic about which little has been written: the administrative disciplinary systems of the five serv- ice academies. I wish to do so. I wish to discuss in a paper the substantive and pro- cedural due process aspects of the academies’ administra- tive disciplinary systems. The paper would include spe- cifically an analysis of the proceedings of the Air Force Academy’s (1) Honor Committee; (2) Ethics Committee; (3) Commandant’s Disciplinary Board; and (4) dis- missal boards. My paper must be completely objective, factual, and unopinionated, and precisely accurate. I cannot write the paper I propose unless the Acade- mies’ authorities are willing to assist me in obtaining the facts. Without wholehearted co-operation, efforts to write the paper would be futile. Moreover, I am a career Air Force officer looking forward to a rewarding future as an Air Force JAG, and would not write the paper unless I was certain the proper Air Force authorities in no way objected. Therefore, I am writing to you for two reasons: (1) to ascertain your feelings as to whether you or any other proper authorities would in any way object to a completely factual paper on my proposed topic, and (2) to ask for the assistance of the Academy’s Department of Law and other authorities in getting the information I need. ee 167 Law school begins on 13 September. Before beginning the time consuming routine of daily classes I wish to complete most of the research for my note. Therefore, I wish to vist the Academy between 1 and 10 September to interview officers and cadets knowledgeable about the Academy’s disciplinary and dismissal proceedings. I wish to emphasize that I am seeking to write a completely factual, unopinionated paper. A law note not so written would be discounted by legal scholars, who demand precisely accurate and intellectually honest facts and analysis. My paper could make a significant contribution to the Academy and to the legal profession in this heretofore unexplored area of the law if written properly, as I have described. Again, and above all, I do not wish to jeopardize in even the slightest degree, directly or indirectly, my opportunities as a career Air Force JAG. If there are any objections to my writing the paper, or guidelines you wish me to observe, please let me know. No one other than purely personal friends, some of them Academy graduates, and the Editorial Board of the Law Review knows I wish to write the paper, and no one else will know the informal guidelines you might give me. Please let me know if the Department of Law and/or any other relevant authorities will assist me in obtain- ing the information I need for my paper if I should visit the Academy in a couple of weeks. It is impossible to write the paper without your assistance. If there are objections for some reason, I hope I will learn them now before exerting many further efforts. I am en- thusiastic about publishing an explication for the legal profession on this “new” area of the law. I think the prospect of this paper is an opportunity to bring some favorable notoriety to the Academy in a major, well- respected legal journal. I sincerely hope you share my enthusiasm. Respectfully, /8/ Michael T. Rose MICHAEL T. ROSE Ist Lt., USAF 168 DEPARTMENT OF THE AIR FORCE Department of Law USAF Academy Colorado 30 August 1971 1st Lt Michael T. Rose New York University Law Review 249 Sullivan Street New York, New York 10012 I am writing in reply to your 21 August letter re- questing my opinion on the propriety of a proposed topic for a Law Review note and for assistance in ob taining certain facts for the note. In your letter, you expressed some concern that your proposed note on the administrative disciplinary sys- tems of the five service academies might in some way jeopardize your future as an Air Force Judge Advocate. I do not believe that authoring an accurate and ob jective legal analysis of a recognized segment of ad- ministrative law should give you any cause for concern. The specific administrative practices and procedures you speak of are subjects of Air Force or Academy Regula- tions, and as such are readily available to anyone. I feel sure that no one would be unduly concerned about fair comment or objective legal analysis of their con- tents. Frankly, though, I would question the propriety of your topic in relation to its scope. I believe you will find it quite difficult, if not impossible, from both a time and space standpoint to even scratch the surface of so extensive and complex a topic. In fact, in my view, a thorough, scholarly and objective presentation could not be accomplished without devoting hundreds of hours to research and acquiring considerable experience in the actual functioning of the disciplinary systems at the service academies, and then, to adequately cover the subject, the product would have to be of almost book length. From my editorial experience on the Cal. Law Review, I am reasonably sure that this is not what 169 the NYC editors who approved your proposal have in mind. Anything resulting from much less effort would, I suspect, amount to . ‘tle more than expository writing far short of law review standards and, regretably, might readily create wholly erroneous impressions on the part of readers. 170 prereers purer tenets es FOGG ea (Peo pay SUVA Sb SOMA —_ » eco%e Pa td-2 9: ai us eee” e's : hay ° | a eso” * @ . , *, a *- 4 o a ( oe Ose aateel, AL OMIT ; met Ob} Usouyun forme TO fur Apmeaers yp Te pra puter + yearn HOV AEOULY erty tp et ents fer po appended pornoriote Aetedee AOE WEE EREE Ey ete eh: fot qetentr-at Oy spqeua meg QEYD GOA T ‘pouel su ONE CALE EF VUE PAR Opp AO "peo penab THe POU PPO AO postouy Sue OWVY OHV KHYPOVSMSCpP FO veto. poate AAS Boos 1 ODF buvrqeyz eo GOTT; percPboprruoo Timed OF wen? SG lata Gia Uae UEP MOA DMP ThUtACHAR VlOj nay (COMO at! on Oo Aatqoanuoy OTMAMOTUT GO COTO) TOA MO) Gora po paupr pag nod ooopun fHOYLaOTONT vcosodlana OQ AO, ‘uOA , purus, O@ “UEqe og pLNOA oom VU OU A HUTYQ Oto AG TAQ AO SHON HO Poptociz woyqeoc uw gubua cyxwogTo anod OAL Po Co feeyTTF Ler Topryuos CUrYoseosot AO LPUTOEPJO DUT SOCAL UL Cp uh yo Pe ceOtee ned ye WP TO VOM Ppp PUG pero ry yo Cent er ae yc ‘QVy TUOLYST UT S [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385003_0192%3A2. Public record. Not legal advice.