Misc Pub 27-8 Legal Handbook Commander’s 2019
D. Categories Of Accident Investigation Reports (Para
Download 4.49 Mb. View original pdf
|
ArmyDemLogProgramBriefing-Jan17
- Navigate this page:
- Return to Table of Contents 119 2. General-Use Safety Accident Investigation Reports
| D. Categories Of Accident Investigation Reports (Para. 3-10) The Army has two categories of safety accident investigation reports—limited use reports and general use reports. 1. Limited-Use Safety Accident Investigation Reports These are close-hold, internal communications of the DA whose sole purpose is prevention of subsequent DA accidents. To encourage open and frank discussion of the accident, the Army will use its best efforts to prevent disclosure of statements provided under a promise of confidentiality. They are required for all flight/flight related and friendly fire accidents. They also maybe used for accidents involving other complex weapon systems, equipment, or military- unique items, and military unique equipment/operations/exercises when the determination of causal factors is vital to the national defense as determined by Cdr, US. Army Combat Readiness Safety Center. These reports cannot be used as evidence or to obtain evidence for disciplinary action, in determining the misconduct or line-of-duty status of any person, before any evaluation board, or to determine liability in administrative claims for or against the government. Under limited use reports, witnesses maybe given the option of making their statement under a promise of confidentiality if they are unwilling to make a complete statement without such a promise and the investigation board believes it is necessary to obtain a statement from a witness. Findings, recommendations, and analysis are privileged. Only the Freedom of Information Act Initial Denial Authority for safety investigations, Cdr, US. Army Combat Readiness/Safety Center, may release that information. Return to Table of Contents 119 2. General-Use Safety Accident Investigation Reports These reports are prepared to record data concerning all recordable DA accidents not covered by the Limited-Use Safety Accident Investigation Report. They are intended for accident prevention purposes only. They may not be used as evidence in any disciplinary, administrative, or legal action (punitive. Promises of confidentiality cannot be made that information will be treated as exempt from mandatory disclosure in response to a request under the FOIA. Both limited use and general use reports contain privileged information. Federal courts have recognized the need to protect certain information within these reports to further accident prevention within the military and to protect national security. In both types of accident reports, the board’s findings, analysis, and recommendations are privileged and protected from release under FOIA. Within a Limited Use Accident Report, the confidential witness statements are also protected from release. The Supreme Court upheld the privilege for confidential witness statements in US. v. Weber Aircraft Corp, 465 US. 792 (1984). Download 4.49 Mb. Share with your friends:
|