in writing, the release of the individual's medical records. (d) Release to other govenrment departments and agencies. Medical information shall be released, upon request, to other departments and agencies which have a proper and legitimate need for the information. (1) Should the releasing authority have doubts as to whether the requesting department has a proper and legitimate need for the information, the latter will be requested to specify the purpose for which the medical information will be used. In appropriate cases, the requesting department will be advised that the information will be withheld until it obtains the written consent of the individual concerned. (2) In honoring proper requests, the releasing authority shall disclose only that information which is germane to the request. The following are representative instances where other departments and agencies, both Federal and State, may have a proper and legitimate need for the information. (i) Medical information is required in order to process a governmental action involving the individual whose medical record is sought. (The Veterans' Administration and the Bureau of Employee's Compensation process claims in which the claimant's medical history is relevant.) (ii) Medical information is required in furtherance of the treatment to an individual in the department's custody. (Federal and State hospitals and prisons may need the medical history of their patients and inmates.) (e) Release to medical research or scientific organizations. Medical information shall be released, upon the request of medical research or scientific organizations or other qualified researchers when, in the opinion of the releasing authority, release of the requested information is in the public interest. Where possible, names of parties should be deleted. The requesting organization or individual shall be advised that the information must be held in confidence and that any published reports resulting from such study shall not identify in any way the individuals whose medical records were examined. (f) Release to Federal or State courts or other administrative bodies. (1) The foregoing limitations are not intended to preclude compliance with lawful court orders calling for the production of medical records in connection with civil litigation or criminal proceedings, nor to preclude release of information from medical records when required by law. (2) Whenever the releasing authority has doubts as to whether the supoena or other compulsory process has been issued by a court of competent jurisdiction or by a responsible officer of any agency or body having power to compel production, the Judge Advocate General (or other cognizant legal officer) shall be consulted. (g) Copies of medical records. Upon request, an individual or his authorized representative entitled to have access to medical records, will be furnished copies of the individual's medical records. Effective date and implementation. This part is effective ninety (90) days from the date of issuance. Within sixty (60) days of the effective date of this part, three (3) copies of proposed implementing regulations shall be submitted to the Assistant Secretary of Defense (Manpower) for approval. Immediately upon issuance three (3) copies of each implementing regulation shall be forwarded to the Assistant Secretary of Defense (Manpower). AUTHORITY: The provisions of this Part 67 issued under 5 U.S.C. 301. SOURCE: The provisions of this Part 67 appear at 32 F.R. 9968, July 7, 1967, unless otherwise noted. § 67.1 Reissuance and purpose. This part reissues DoD Instruction 1336.2, dated February 17, 1959, which is hereby cancelled, and prescribes the identification cards (DD Forms 2)1 to be issued members of the Armed Forces of the United States. § 67.2 Applicability. The provisions of this part apply to the Military Departments. 1 Filed as part of original document; copies may be obtained from Departments of Army, Navy, or Air Force, as appropriate. § 67.3 Policy. (a) The DD Form 2, printed in green security-type ink on a paper insert with a light green background laminated between two (2) sheets of plastic, shall be issued to members of the Armed Forces who are serving on extended active duty. (b) The DD Form 2, printed in gray security-type ink on a paper insert with a light gray background and laminated between two (2) sheets of plastic, shall be issued to retired members of the Armed Forces who are entitled to retired pay. (c) The DD Form 2, printed in red security-type ink on a paper insert with a light red background and laminated between two (2) sheets of plastic, shall be issued to members of the Reserve Components who are not otherwise entitled to either of the cards prescribed in paragraph (a) or (b) of this section. § 67.4 Procedures. (a) The method of control and record of issuance of the DD Forms 2 shall be as determined by the respective Military Departments. (b) Positive statement of entitlement to health care benefits under the provisions of Public Law 614, 89th Congress will not be entered on DD Forms 2 (gray). Potential sources of care will assume entitlement in the absence of a negative statement in this regard. (c) DD Forms 2 (gray) will not be reissued for the sole purpose of covering entitlement to new medical benefits authorized by Public Law 89-614, except in the following cases: (1) DD Forms 2 (gray) will be reissued to Reservists entitled to retired pay under the provisions of DoD Directive 1340.7, "Notification of Eligibility for Retired Pay for Members of Reserve Components," dated March 29, 1967,2 who served on active duty (other than for training) for less than eight (8) years. (2) In the case of a Reservist who is 65 years of age or older and who is entitled to hospital insurance benefits under title I of the Social Security Amendments of 1965, Public Law 97, 89th Congress, the entry "NoCivMedCare" will be made in the blank space to the right of the "Date of Issue" section of the form. (d) When for any reason a DD Form 2 (gray) is issued in the future to a retired member who is under 65 years of age, the entry "NoCivMedCare after (date)" will be made to the right of the "Date of Issue" section of the form. The date to be entered will be the day preceding the retired member's 65th birthday. (e) When a retired member 65 years of age or older who has a DD Form 2 (gray) issued pursuant to paragraph (d) of this section presents a statement from the Social Security Administration indicating that he is not eligible for hospital insurance benefits under title I of the Social Security Amendments of 1965 (Public Law 89-97), a new form will be issued with no entry in the blank space to the right of the "Date of Issue" section of the form. services privilege card 68.5 Application for uniformed AUTHORITY: The provisions of this Part 68 issued under 5 U.S.C. 301. SOURCE: The provisions of this Part 68 appear at 32 F.R. 9968, July 7, 1967, unless otherwise noted. § 68.1 Reissuance and purpose. This part reissues DoD Instruction 1000.7, dated June 28, 1960, which is superseded to prescribe a uniform identification and privilege card (DD Form 11731) for issue to dependents of members of the Uniformed Services, civilians accompanying or employed by the Uniformed Services, foreign personnel subject to NATO Status of Forces Agreements who are entitled to medical care in accordance with DoD Directive 6310.7, "Medical Care for Foreign Personnel Subject to the North Atlantic Treaty Organization (NATO) Status of Forces Agreement (SOFA)," dated December 18, 1962, and for such purposes as may be determined. 1 Facsimile filed as part of original; DD Forms issued to eligible personnel upon application (DD Form 1173). 2 Filed as part of original; copies of this Directive are available by writing Publications Branch, OASD (A), Pentagon, Washington, D.C. 20301, or Oxford 52167. § 68.2 Policy and scope. (a) DD Form 1173 shall be used throughout the Department of Defense for identification of those categories of persons listed in § 68.1, and as an authorization card for the benefits or privileges administered by the military departments to which those persons may be entitled. No other forms shall be used for such purposes, except as provided in this part. (b) The DD Form 1173 shall be printed in black security-type ink on a paper insert with an identification of passport-type photograph of the bearer and laminated between two sheets of plastic. (c) DD Form 1173 shall not be issued to individuals when eligibility for or usage of the card for periods of 30 days or less is indicated. Except in unusual cases, DD Form 1173 shall not be issued to minor dependents under ten years of age. Normally, certificates of these minors for eligibility for medical care in civilian medical facilities will be the responsibility of the accompanying parent, member or acting guardian. (d) DD Form 1173 will replace all other identification or organization cards now prescribed by the military departments for the categories of personnel indicated above, except as may be required for additional identification for access to classified areas; activities or installations, or at the discretion of the headquarters of the military department concerned, to satisfy unusual requirements which cannot be met by DD Form 1173. (e) DD Form 1173 shall generally not be issued to military personnel except on an individual basis. DD Form 1173 may be issued to a member of the Armed Forces if the Secretary of the Service concerned or his designee, considers the issuance to be in the Service's interest. DoD Instruction 1336.2, "Identification Cards for Issue to the Members of the Armed Forces of the United States," dated June 12, 1967 (Part 67 of this subchapter), prescribes the identification card to be issued to members in an active, inactive or reserve status. § 68.3 Procedures. (a) Application for issuance of the DD Form 1173 ID card shall be made on DD Form 1172 (see § 68.5). (b) The method of control and record of issuance of DD Form 1173 shall be as determined by the respective military departments. (c) Existing official criteria relative to the determination of eligibility and identification of individuals will apply to the issuance of DD Form 1173. (d) The DD Form 1173 shall be effective for the contracted period of service of the sponsor upon whom the entitlement is based, in the case of dependents of members of the Uniformed Services, or, in the case of minors, the 21st birthday, if it occurs prior to the termination of the service of the sponsor except that for entitlement to medical care, the provisions of DoD Directive 6010.4, "Dependents' Medical Care," dated April 25, 1962 (Part 70 of this subchapter), and Public Law 89-614 will apply. (e) DD Forms 1173 issued to personnel other than dependents of members of the Uniformed Services, or to dependents of personnel having no contracted period of service, such as deceased and retired military personnel, may be assigned an expiration date as prescribed by the military departments, but not later than 6 years from date of issuance. (f) DD Forms 1173 issued to the dependents of a retired or deceased member who will reach age 65 before the normal 6-year expiration date would occur, will show an expiration date reflecting the date preceding the day on which such a person will reach age 65. (g) The military departments will ensure that sponsors are directed to notify the appropriate authority immediately upon any change in status that would terminate or modify the right to any of the benefits for which the DD Form 1173 may be issued. Survivors of deceased personnel will likewise be so directed. (h) All dependents of each sponsor will be listed on the application Form DD 1172 (see § 68.5). A separate DD Form 1173 will be issued to each dependent 10 years of age or older. DD Forms 1173 shall not be reissued solely because of changes in the grade of the sponsor. (i) Instructions for preparation of items 4, 9, 11, 14, and 15 of DD Form 1173 are shown in § 68.4; other items on the Form are self-explanatory. (j) Privileges and facilities not authorized for the holder of DD Form 1173 will be blocked out. § 68.4 DD Form 1173, preparation instructions. Item 4 Relationship of named dependent to sponsor: W-Wife; H-Husband; S-Son; DDaughter; F-Father; U-Unremarried Widow; UW-Unremarried Widower. When issued to a person who is not a dependent, the words "and Relationship" will be lined out. Item 9 In those special circumstances which permit children 21 and over entitlement to medical care and other privileges, indicate, after date of birth (INC) for incompetency, or (SCH) for attendance at an approved school. Item 11 Present status of sponsor will be indicated by code as follows: AD Active Duty; RET-Retired; Deceased; CIV-Civilian; FM-Foreign Military Personnel. D Item 14 Signature of cardholder in those instances where the individual is incompetent will be coded as (INC). Item 15a The positive entry "YES" will be entered when bearer is entitled to medical care in Uniformed Services facilities. These include: a. Eligible spouses and children of members of the Uniformed Services who are on active duty for a period of more than 30 days. b. Eligible spouses and children of active duty members who died while on active duty for a period of more than 30 days. c. Eligible spouses and children of retired members and deceased retired members, including the spouses and children of those reservists entitled to retired pay under the provisions of DoD Directive 1340.7, "Notification of Eligibility for Retired Pay for Members of Reserve Components," dated March 29, 1967. (32 FR 6393) d. Eligible parents and parents-in-law of members of the Uniformed Services who are on active duty for a period of more than 30 days and of members who died while on such duty. e. Eligible parents and parents-in-law of retired members and of deceased retired members. Item 15b The positive entry "YES" will be entered for persons who fall in categories of a through c, above. The "effective date" will be as follows: a. For persons in category a, above, the most recent date the person became an eligible dependent, or December 7, 1956, whichever is later. b. For persons in category b and c, above, the date the person became an eligible dependent, or January 1, 1967, whichever is later. c. The date a person becomes an eligible dependent is one of the following as appropriate: 1. Date of marriage to sponsor; or 2. Date of sponsor's last entry on active duty after a break in service of more than 24 hours; or 3. Date of sponsor's initial entry on continuous active duty (no break in service of more than 24 hours); or 4. In the case of children, the date: of birth; of adoption by sponsor; or on which the child became a dependent of sponsor. Subpart H-Medical Care for Retired Members of the Uniformed Services 70.801 Retired members eligible for care. 70.802 Ration allowance for retired enlisted members. 70.803 Charge for officers' subsistence. Subpart Budgeting and Accounting for Medical and Dental Care Furnished in Facilities of the Uniformed Services 70.901 Budgeting and accounting. Subpart J-Implementation 70.1001 Implementation. AUTHORITY: The provisions of this Part 70 issued under 10 U.S.C. 1071-1085. SOURCE: The provisions of this Part 70 appear at 27 F.R. 5591, June 13, 1962, unless otherwise noted. Subpart A-General Information § 70.101 Purpose. The purpose of this part is to prescribe policy for administering Chapter 55, Title 10, United States Code. § 70.102 Scope. This part is applicable to the uniformed services. § 70.103 Definition of terms used in this part. (a) "Uniformed services" means the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Commissioned Corps of the Coast and Geodetic Survey, and the Commissioned Corps of the Public Health Service. (b) "Member of a uniformed service" means a person appointed, enlisted, inducted or called, ordered or conscripted in a uniformed service who is serving on active duty or active duty for training pursuant to a call or order that does not specify a period of thirty days or less. (c) "Retired member of a uniformed service" means a member or former member of a uniformed service who is entitled to retired, retirement, or retainer or equivalent pay as a result of service in a uniformed service, other than a member or former member entitled to retired or retirement pay under Title III of the Army and Air Force Vitalization and Retirement Equalization Act of 1948 who has served less than eight years on full-time duty in active military service other than active duty for training. (d) "Dependent" means any person who bears to a member or retired member of a uniformed service, or to a person who died while a member or retired member of a uniformed service, any of the following relationships: (1) The lawful wife; (2) The unremarried widow; (3) The lawful husband, if he is in fact dependent on the member or retired member for over one-half of his support; (4) The unremarried widower, if he was in fact dependent upon the member or retired member at the time of her death for over one-half of his support because of a mental or physical incapacity; (5) An unmarried legitimate child (including an adopted child or stepchild), if such child has not passed his twenty-first birthday; (6) A parent or parent-in-law, if the said parent or parent-in-law is, or was, at the time of the member's or retired member's death, in fact dependent on said member or retired member for over one-half of his support and is, or was, at the time of the member's or retired member's death, actually residing in the household of said member or retired member. For the purposes of this part, the requirement of actually residing in the household shall be fulfilled when the parent or parent-in-law actually resides, or was residing at the time of death of a member or retired member, in a dwelling place provided or maintained by said member or retired member; or (7) An unmarried legitimate child (including an adopted child or stepchild) who (i) has passed his twenty-first birthday if the child is incapable of selfsupport because of a mental or physical incapacity that existed prior to his reaching the age of twenty-one and is, or was at the time of the member's or |