Form 285-W-R - U. S. Army Accident Report Summary Of Witness Interview (Page 2 of 2) in pdf

15. GENERAL WITNESS INFORMATION BRIEFING (Interviewer must read appropriate instructions to the witness)

a. Promise of confidentiality offered.

b. No promise of confidentiality offered.

(1) This accident investigation board has been convened under the provisions

(1) This accident investigation board has been convened

of AR 385-40 for the purpose of conducting a safety investigation.

under the provisions of AR 385-40 for the purpose of

conducting a safety investigation.

(2) This may be just one of a number of investigations being conducted

regarding this accident; collateral or legal investigations may be ongoing as

(2) This may be just one of a number of investigations being

well. Those investigations are entirely separate from a safety investigation

conducted regarding this accident; collateral or legal

and are also required to inform you of their purpose and of your legal rights.

investigations may be ongoing as well. Those

investigations are entirely separate from a safety

investigation and are also required to inform you of their

(3) This safety investigation is being conducted for accident prevention

purpose and of your legal rights.

purposes only. Within the military, pursuant to Army Regulation 385-40, it

cannot be used for any other purpose, to include any future disciplinary

(3) This safety investigation is being conducted for accident

actions against any individuals. Therefore, the interview you are being asked

prevention purposes only. Within the military, pursuant to

to provide will be used by the Army in the interest of safety and accident

Army Regulation 385-40, it cannot be used for any other

prevention only.

purpose, to include any future disciplinary actions against

any individuals. Therefore, the interview you are being

(4) Nonconfidential witness interviews may be released to the public pursuant

asked to provide will be used by the Army in the interest of

to a Freedom of Information Act request. If you wish to protect your

safety and accident prevention only.

interview from public release outside the military, then your interview must

be pursuant to a promise of confidentiality. Confidentiality means that your

(4) The chain of command will review the final accident

interview will not be released to the public or outside DOD safety channels.

report, which may include a summary of your interview, but

the chain of command may only use the investigation report

(5) Whether your interview is confidential or not, the chain of command will

and the interviews for safety and accident prevention

review the final accident report, which may include a summary of your

purposes. The interview summary may be released to the

interview, but the chain of command may only use the investigation report

public pursuant to a Freedom of Information Act request.

and the interviews for safety and accident prevention purposes.

(5) If you ever have knowledge that your witness interview

(6) If you ever have knowledge that your witness interview was used by the

was used by the Army for anything other than accident

Army for anything other than accident prevention purposes (for example,

prevention purposes (for example, disciplinary action

disciplinary action against an individual), you should consult with your local

against an individual), you should consult with your local

Judge Advocate Defense Counsel Office and request that the Command

Judge Advocate Defense Counsel Office and request that

Judge Advocate, U.S. Army Safety Center, be notified at DSN 558-3960 or

the Command Judge Advocate, U.S. Army Safety Center,

commercial (205) 255-3960.

be notified at DSN 558-3960 or commercial (205)

255-3960.

(7) The promise of confidentiality is available to you if you desire it. Do you

desire it?

16. AVAILABILITY OF PROMISE OF CONFIDENTIALITY FOR "LIMITED USE" REPORT OF INVESTIGATION

a. Pursuant to AR 385-40, witness interviews may only be used within the military for purposes of accident

prevention, and may not be used as evidence in connection with any administrative or disciplinary proceeding.

This protection alone does not prevent release of the interview outside of the military (to the public,

newspapers, attorneys, etc.) under the Freedom of Information Act. If you wish to protect your interview from

release outside of the military, then your interview must be pursuant to a promise of confidentiality.

b. If you do not wish a promise of confidentiality, you may decline such below. In that case, your interview

will still be used in the military only for purposes of accident prevention, but it may be released outside of the

military in response to a Freedom of Information Act request. Please indicate which option you desire by

initialing one of the choices below:

I request a promise of confidentiality. I understand that the results of my interview will be used within the

military only for the purposes of accident prevention, and will also be protected from public release outside of

the military under the Freedom of Information Act.

I decline a promise of confidentiality. I understand that the results of my interview will be used within the

military only for purposes of accident prevention. I also understand that the results may be publicly released

outside of the military under the Freedom of Information Act.

Name of witness (Print)

REVERSE OF DA FORM 285-W-R, JUL 94

Page 2

USAPPC V1.00

Form 285-W-R - U. S. Army Accident Report Summary Of Witness Interview Page 2

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