| AFSA/CC 9700 Avenue G Se, Suite 240 Kirtland AFB NM 87117-5670 Mr. David G. Schmidt Dear Mr. Schmidt In reply to your 27 April 1994 request, attached are the releasable portions of the 30 December 1941 B-26 aircraft mishap report. Some pages may be difficult to read, but these copies are the best possible. Portions of the safety investigation report have been redacted. They are not releasable for the following reasons: a. The safety investigating board's analysis, findings, and recommendations are exempt from disclosure under the United States Code, Title 5, Section 552(b)(5), and Air Force Regulation (AFR) 4-33, paragraph 15e. Release of this information would have a stifling effect on the free and frank expression of ideas and opinions of Air Force officials. b. The statements of witnesses giving unsworn testimony before the safety investigating board, as well as any direct or implied references to such testimony, are exempt from disclosure under the United States Code, Title 5, Section 552(b)(5), and AFR 4-33, paragraph 15e. In order to promote full disclosure, witnesses are promised by the mishap investigation board that their testimony will be used solely for mishap prevention and for no other purpose. This promise of confidentiality is made in order to encourage witnesses to disclose to the investigating board everything they know about the mishap even though the statements they make may be against their personal interest or possibly incriminating. Release of these portions of the safety report, even though the report is old, would jeopardize a significant government interest by inhibiting its ability to conduct future safety investigations of Air Force aircraft mishaps. Disclosure of this information would be contrary to the promises of confidentiality extended to witnesses and investigators. There was no time limit placed on this promise, and such a disclosure could set a precedent that would result in a weakening of the process whereby the Air Force gathers and evaluates safety information in future aircraft mishaps. Witnesses and investigators would be less candid if they knew that at some future date what they said would be released outside of safety channels. The decreased ability of the Air Force to gather and evaluate safety information would result in the detrimental effect on national security. Federal regulations provide that the cost of search and reproduction be assessed to the requester. The total fee in this instance has been waived. Should you decide that an appeal to this decision is necessary, you must write to the Secretary of the Air Force within 60 calendar days from the date of this letter. Include in the appeal your reasons for reconsideration and attach a copy of this letter. Address your letter as follows:
We hope this information will be helpful. Sincerely John R. Clapper, Colonel, USAF Return to "The Keller Peak Crash" |