(2) TOP SECRET TOP SECRET records will not be retired to an FRC until
downgraded to a lower classification, except those in overseas commands and those which are to
be deposited with the Defense Investigative Service and in the U.S. Army Intelligence and
Security Command (INSCOM) records center. When TOP SECRET records must be retired to
an FRC, transmission and accountability will be in accordance with AR 380-5 and other
applicable security management instructions.
(3) SECRET and CONFIDENTIAL Instructions for listing, receipting, and packing
material with these classifications are the same as those for unclassified records except that
unclassified titles will be used on the SF 135 to list the records; however, additional receipts may
be needed, such as DA Form 3964 (Classified Document Accountability Record). Wrapping and
shipping material with these classifications will be in accordance with procedures described in
AR 380-5, Chapter 8, and later paragraphs of this regulation.
(4) Special Intelligence documents Special Intelligence documents, including TOP
SECRET, will only be retired to the INSCOM records center. Transmission and accountability
will be in accordance with AR 380-35.
(5) Restricted Data and Formerly Restricted Data Regardless of classification,
Restricted Data and Formerly Restricted Data will not be intermingled with other information
when being transferred to an RHA or retired to an FRC.
j. For Official Use Only (FOUO) Records. Records with the FOUO protective marking will
be packed as prescribed in the following sections for unclassified records.
k. Preparing Records for Transfer or Retirement.
(1) The office which created the records being transferred is responsible for organizing,
packing, receipting (using SF 135), and sending the records to the RHA. The creating office
remains the legal custodian of the records even when they are retired to an FRC and will
maintain documentation to enable it to retrieve the records. To demonstrate this point, if the
creating office receives a Freedom of Information Act request for records which have been
transferred or retired, they are responsible for locating the records and retrieving them for
review.
(2) IMs will assist record creating offices in processing their records for transfer and
ensuring that this is done correctly. They will consolidate record transfers from the different
record-creating offices in their organization and sign SF 135s as liaison officials. (See the
section on "Supplemental Data when Organizational Status has changed, below.)
(3) Installation IMs maintain RHAs, store records retire records to the FRC, fill out the
SF 135 to document their actions, and distribute the SF 135 properly.
(4) Do not transfer or retire records that are subject to the Privacy Act unless they are
covered by a system notice in DA Pam 25-51. This regulation identifies the Privacy Act system
notice number applicable to file numbers for records requiring protection. Cite the Privacy Act
system notice number on SF 135s, files lists, and file labels.
(5) If the Privacy Act system notice number associated with a MARKS file number is
incorrect, or newly created recordkeeping requirements lack Privacy Act protection, promptly
notify HQ, USAISC, ATTN: ASOP, Fort Huachuca, AZ 85613-5000 through information
management channels. That office will arrange for preparation of an applicable system notice or
give special maintenance and disposition instructions.
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