ACCESS TO THE DEFENSE PRISONER OF WAR/MISSING
PERSONNEL OFFICE (DPMO) CASE FILES BY THE PRIMARY
NEXT OF KIN, OTHER MEMBERS OF THE IMMEDIATE
FAMILY, OR THE PREVIOUSLY DESIGNATED PERSON

     DPMO fully supports approved access to case files. This memorandum clarifies policy and details the procedures for obtaining access to DPMO case files by a family member or a previously designated person. It complies with the Assistant Secretary of Defense for Command, Control, Communications, and Intelligence memorandum dated December 30, 1992, entitled, "Family Access to Vietnam-Era POW/MIA Records," and Title 10 United States Code section 1509 (d) which extends the file review privilege to Korean War families. DPMO further extends this policy to Cold War cases.

     An approved family member or previously designated person may visit DPMO to review their respective missing person's case file and meet with Government officials to resolve uncertainties and illuminate facts in an open and personal manner. This applies to all Korea, Cold, and Vietnam War families.

     An approved family member or previously designated person includes:

* "Primary Next of Kin" per Department of Defense Instruction 1300.18 (Military Personnel Casualty Matters, Policies, and Procedures);
* "Member of the Immediate Family" per 10 United States Code section 1513(5) (Missing Persons Act);
* "Previously Designated Person" as defined in 10 United States Code section 1513(6) (Missing Persons Act).


     Furthermore, the primary next of kin cannot deny an adult member of the family of the unaccounted for person the right to know information concerning the "location, treatment, or condition" of the unaccounted for person per 50 United States Code section 435 Note.

     To obtain access to DPMO case files, the family member or previously designated person, the respective service casualty office, and DPMO must coordinate as follows:

     It is the responsibility of the appropriate family member or previously designated person to initiate the file review process. First, the family member or previously designated person must establish his/her entitlement to review the file as described in the general information paragraph (above) with the respective service casualty office. Following authorization to the file review, the family member or previously designated person must provide a written request to access DPMO case files to the appropriate service casualty office. Such written requests must include a primary and an alternate review date (excluding the two weeks prior to and following the Annual Government briefings that occur in early summer) and national holidays. DPMO and the service casualty offices require 30 working days to process an authorized request to review the file.

     The service casualty offices shall support requests by family members or the previously designated persons and shall provide liaison with DPMO. Once the respective service casualty office has verified a requester's entitlement to review the file, they shall forward the written request for a review to DPMO. Additionally, they shall provide the requester with the approved review date, the amount of information available from the respective missing person's case file, and the location for the file review. Next, the office shall designate a service casualty officer to review the file at DPMO one to five days prior to the scheduled date of the family member's file review. A service casualty officer shall accompany the family member or previously designated person at their respective DPMO file reviews. That casualty officer shall record all issues addressed by the family during the review. Finally, that officer shall provide a copy of his/her notes to DPMO prior to departing the case file review.

     DPMO shall process file review requests received from a service casualty office within 30 working days of receipt and ensure only approved personnel attain access to the case file review. DPMO shall assign a date for the case file review and redact the case file as appropriate (see administrative matters below). Together with the designated service casualty officer, DPMO officials will review the case file one to five days prior to the family member's or previously designated person's scheduled file review date. DPMO shall provide the facility for the visual access (see administrative matters below) and ensure attendance of designated DPMO officials as required. Finally, DPMO shall coordinate and mail a written response addressing those issues noted by the family member or previously designated person during the review.

     The DPMO Special Assistant for Family Advocacy shall coordinate with the DPMO Communications & External Affairs Directorate (CEA) and its Declassification/Freedom of Information Act (DF) Division to assemble and prepare the case file for the review. The case file shall consist of all available information (redacted as appropriate) relating to the missing person's loss event. DPMO-CEA-DF shall complete the requisite redaction on the missing person's case file per prescribed guidelines at least five days in advance of the scheduled family member's review. DPMO shall withhold from case files only that information that is restricted from release by law such as sensitive intelligence sources, methods, and privacy concerns. This redaction does not materially affect the content as it pertains to the case. A DPMO Family Support representative and the respective service casualty officer shall jointly view the files one to five days prior to the scheduled visit by the family member or previously designated person.

     DPMO shall provide note-taking materials for the family member or previously designated person during the case file review, since the review is unclassified. If requested, DPMO will provide the family member or previously designated person a copy of the service casualty officer notes at the conclusion of the review.

     DPMO shall conduct the file reviews in Crystal Square 4, Suite 800, 1745 Jefferson Davis Highway, Arlington, Virginia. The viewing room affords the requisite privacy and decorum for the family. A DPMO Family Support representative and a respective service casualty officer will accompany the designated family member.

     Upon request, DPMO shall mail a copy of the declassified case files to persons so entitled through the respective service casualty office. Thus, DPMO can provide a missing person's entire case file to families and previously designated persons without them having to travel to Washington, DC to review the same file in person. The DPMO mailed declassified file is identical to the redacted DPMO case file prepared for an on-site file review. Because classified material contained within a DPMO case file pertains primarily to intelligence sources and methods, declassification does not materially and/or substantively differ from that information provided to the family or the previously designated person during an on-site review. Nevertheless, the family or previously designated person may still schedule a visit to DPMO if they desire.

     The family member or previously designated person assumes all associated personal travel costs incurred in their traveling to Washington, DC to review a file. Any family member and/or previously designated person who wishes to review their missing family member's file must understand that DPMO provides access to only those files related to their loss incident.

     DPMO commits extensive resources to the Annual Government briefings for family support organizations in early summer. Therefore, requests for file reviews in early summer, two weeks prior and after this event are moved to other more supportable dates.

     Please direct questions concerning this policy to the Special Assistant for Family Support at the Defense POW/Missing Personnel Office.