1. The purpose of Army record keeping is to properly manage information from its creation
through final disposition according to Federal laws and Army record-keeping requirements.
a. The director of Information System for Command, Control, Communications, and
Computers (DISC4) is the functional proponent (FP) for the MARKS. The DISC4 will
promulgate policy on record-keeping practices within the Army along with joint, unified and
specified commands in which the Army has been designated the Executive Agent.
b. Principal Headquarters, Department of the Army (HQDA) officials are the proponents for
all record-keeping requirements necessary to conduct business in their functional areas. They
will ensure that their record-keeping requirements are accurate, essential, and current. Also,
ensure that they are contained in the publications that govern how the Army conducts business in
their functional areas and ensure that record-keeping requirements for their functional areas are
provided to the ODISC4 in a timely manner. The Director of the Army Staff will accomplish all
the responsibilities assigned to the principal HQDA officials for the Office of the Chief of Staff
of the Army. The Commander, U.S. Army Information Systems Command (USAIC), will
develop MARKS policy, procedures and maintain the administration of the MARKS program for
the DISC4. Leaders of HQDA agencies and commanders of major Army commands
(MACOMs), installations, activities, and units will supervise and manage record-keeping
systems within their agencies and commands. In addition, those having elements in overseas
areas will prepare written contingency plans that provide for the withdrawal or destruction of
records in hostile or unstable areas.
3. Statutory Authority.
a. The Federal Records Act of 1950, as amended, contains the statutory authority for the
MARKS program. The General Services Administration (GSA) and the National Archives
Records Administration (NARA) share government-wide responsibility for Federal record
keeping. GSA portions of the Federal Records Act of 1950 are implemented in the Federal
Information Resources Management Regulations (FIRMR) located in 41 Code of Federal
Regulations (CFR), Chapter 201; and NARA portions are implemented in 36 CRF, Chapter XII,
subchapter B. These are, in turn, implemented by Army regulations.
b. Sections 3301-3314, title 44, United States Code (44 USC 3301-3314), establish the legal
basis for the disposal of records of the U.S. Government. The U.S. Army Information Systems
Command (USAIC), Fort Huachuca, AZ 85613-5000, develops retention and disposal
authorizations that meet Army needs and obtains approval from the Archivist of the United
States. Approval by the Archivist is legal authority for the retention and disposal of all Army
c. The maximum penalty for the willful and unlawful destruction, damage, removal, or
alienation of Federal records is a ,000 fine, 3 years in prison, or both (18 USC 2071).