Department of Defense
DIRECTIVE
NUMBER 5405.2
July 23, 1985
Certified Current as of November 21, 2003
GC, DoD
SUBJECT: Release of Official Information in Litigation and Testimony by DoD
Personnel as Witnesses
References: (a) Sections 301, 552, and 552a of title 5, United States Code
(b) Section 133 of title 10, United States Code
(c) DoD Directive 5220.6, "Industrial Personnel Security Clearance
Program," December 20, 1976
(d) DoD 5200.1-R, "Information Security Program Regulation," August
1982
(e) DoD Directive 5230.25, "Withholding of Unclassified Technical Data
from Public Disclosure," November 6, 1984
(f) DoD Instruction 7230.7, "User Charges," January 29, 1985
(g) DoD 5400.7-R, "DoD Freedom of Information Act Program," December
1980
1. PURPOSE
Under Section 301 reference (a) and reference (b), this Directive establishes policy,
assigns responsibilities, and prescribes procedures for the release of official DoD
information in litigation and for testimony by DoD personnel as witnesses during
litigation.
2. APPLICABILITY AND SCOPE
2.1. This Directive applies to the Office of the Secretary of Defense (OSD), the
Military Departments, the Organization of the Joint Chiefs of Staff (OJCS), the Unified
and Specified Commands, and the Defense Agencies (hereafter referred to as "DoD
Components"), and to all personnel of such DoD Components.
