Federal Register: December 8, 2000 (Volume 65, Number 237)
DOCID: FR Doc 00-31243
DEPARTMENT OF DEFENSE
Army Department
NOTICE: NOTICES
ACTION: Privacy Act:
DOCUMENT ACTION: Notice to alter systems of records.
SUBJECT CATEGORY:
Privacy Act of 1974; System of Records
DATES: This proposed action will be effective without further notice on January 8, 2001 unless comments are received which result in a contrary determination.
DOCUMENT SUMMARY:
The Department of the Army is altering five systems of records notices in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.
SUMMARY:
Systems of records,
SUPPLEMENTAL INFORMATION
The Department of the Army systems of records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended, have been published in the Federal Register and are available from the address above.
The proposed systems reports, as required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, were submitted on November 27, 2000, to the House Committee on Government Reform, the Senate Committee on Governmental Affairs, and the Office of Management and Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB Circular No. A130, ``Federal Agency Responsibilities for Maintaining Records About Individuals,'' dated February 8, 1996 (February 20, 1996, 61 FR 6427).
Dated: November 30, 2000.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense. A00271 DAJA
System name:
General Legal Files (July 15, 1997, 62 FR 37892). Changes:
* * * * *
Authority for maintenance of the system:
Delete entry and replace with ``10 U.S.C. 3013, Secretary of the
Army; 10 U.S.C. 3037 and 3072; 42 U.S.C. 10606; Department of Defense
Directive 1030.1, Victim and Witness Assistance; and Army Regulation 271, Legal Services, Judge Advocate Legal Services.''
* * * * *
Routine uses of records maintained in the system, including categories of users and the purposes of such uses:
Add a new paragraph ``To victims and witnesses of a crime for
purposes of providing information, consistent with the requirements of
the Victim and Witness Assistance Program, regarding the investigation and disposition of an offense.''
* * * * *
A00271DAJA
System name:
General Legal Files.
System location:
Office of the Judge Advocate General, Headquarters, Department of the Army; Offices of Staff Judge Advocates; Judge Advocates; and Legal Counsels of Washington, DC 203102200; subordinate commands, installations, and organizations. Official mailing addresses are published as an appendix to the Army's compilation of record system notices.
Categories of individuals covered by the system:
Individuals who have been the subject of administrative, civil or criminal matters referred to the Office of the Judge Advocate General or to legal offices of subordinate commands, installations, and organizations for legal opinion, legal review, or other action. Categories of records in the system:
Inquiries with substantiating documents, personnel actions, investigations, petitions, complaints, correspondence and responses thereto.
Examples of records include: Elimination and separation
proceedings; questions pertaining to entitlement to pay; allowances, or
other benefits; flying evaluation boards, line of duty investigations;
reports of survey; other boards of investigating officers; DA
Suitability Evaluation Board cases; DA Special Review Board efficiency
report appeals; petitions to the Army Board for the Correction of
Military Records; matters pertaining to onpost solicitation,
revocation of privileges, and bars to entry on military installations;
matters pertaining to appointments, promotions, enlistments, and
discharges; matters pertaining to prohibited activities and conflicts
of interest for Army personnel and employees; Article 138, UCMJ
complaints; private relief legislation; military justice matters
including requests for delivery of service members for trial by
civilian authorities; appeals from nonjudicial punishment imposed under
Article 15, UCMJ; appeals under Article 69, UCMJ; Secretarial review of
officer dismissal cases; petitions for clemency, requests for pardons
and requests for grants of immunity for civilian witnesses; matters
pertaining to civilian employees and employees of nonappropriated fund Instrumentalities
[[Page 77003]]
including employment, pay, allowances, benefits, separations,
discipline and adverse actions, grievances, equal opportunity
complaints, awards, and claims processed by other agencies; and matters
pertaining to attorney professional responsibility inquiries. Authority for maintenance of the system:
10 U.S.C. 3013, Secretary of the Army; 10 U.S.C. 3037 and 3072; 42 U.S.C. 10606; Department of Defense Directive 1030.1, Victim and Witness Assistance; and Army Regulation 271, Legal Services, Judge Advocate Legal Services.
Purpose(s):
To ensure legal sufficiency of Army operations, policies, procedures, and personnel actions.
Routine uses of records maintained in the system, including categories of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552(b)(3) as follows:
Information from this system of records may be disclosed to the Department of Justice for grants of immunity and requests for pardons.
Information from this system of records may also be disclosed to law students participating in a volunteer legal support program approved by the Judge Advocate General of the Army.
To victims and witnesses of a crime for purposes of providing information, consistent with the requirements of the Victim and Witness Assistance Program, regarding the investigation and disposition of an offense.
To DoD `Blanket Routine Uses' published at the beginning of the
Army's complication of systems of records notices also apply to this system.
Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system:
Storage:
Paper records in file folders and on electronic storage media. Retrievability
Retrieved by individual's surname.
Safeguards:
Records are maintained in locked file cabinets and/or in locked offices in buildings employing security guards or on military installations protected by military police patrols.
Retention and disposal:
Records at the Office of the Judge Advocate General, the Office of the Chief Counsel, and the Office, Chief of Engineers are permanent; at all of other locations, records are destroyed upon obsolescence. System manager(s) and address:
Chief, General Law Branch, Office of the Judge Advocate General, Department of the Army, 2200 Army Pentagon, Washington, DC 203102200. Notification procedure:
Individuals seeking to determine if information about themselves is contained in the record system should address written inquiries to the Department of the Army, Office of the Judge Advocate General, 2200 Army Pentagon, Washington, DC 203102200.
Individual should provide his/her full name, the address and telephone number, and any other personal data which would assist in identifying records pertaining to him/her such as current or former military status, date of birth, and, if applicable, specifies concerning the incident or event believed to be the basis for legal review.
Record access procedures:
Individuals seeking access to records about themselves, contained in this record system should address written inquiries to the Department of the Army, Office of the Judge Advocate General, 2200 Army Pentagon, Washington, DC 203102200.
Individuals should provide his/her full name, the address and telephone number, and any other personal data which would assist in identifying records pertaining to him/her such as current or former military status, date of birth, and, if applicable, specifies concerning the incident or event believed to be the basis for legal review.
Contesting record procedures:
The Army's rules for accessing records, and for contesting contents and appealing initial agency determinations are contained in Army Regulation 34021; 32 CFR part 505; or may be obtained from the system manager.
Record source categories:
From the individual, Army records, and other public and private records.
Exemptions claimed for the system:
Information specifically authorized to be classified under E.O. 12958, as implemented by DoD 5200.1R, may be exempt pursuant to 5 U.S.C. 552a(k)(1).
Investigatory material compiled for law enforcement purposes may be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is denied any right, privilege, or benefit for which he would otherwise be entitled by Federal law or for which he would otherwise be eligible, as a result of the maintenance of such information, the individual will be provided access to such information except to the extent that disclosure would reveal the identity of a confidential source.
Investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for federal civilian employment, military service, federal contracts, or access to classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such material would reveal the identity of a confidential source.
Testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service may be exempt pursuant to 5 U.S.C. 552a(k)(6), if the disclosure would compromise the objectivity or fairness of the test or examination process.
Evaluation material used to determine potential for promotion in the Military Services may be exempt pursuant to 5 U.S.C. 552a(k)(7), but only to the extent that the disclosure of such material would reveal the identity of a confidential source.
An exemption rule for this exemption has been promulgated in
accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c)
and (3) and published in 32 CFR part 505. For additional information contact the system manager.
Ao1952b USACIDC
System name:
Criminal Investigation and Crime Laboratory Files (May 15, 2000, 65 FR 30974).
* * * * *
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: Add a new paragraph
`To victims and witnesses of a crime for purposes of providing
information, consistent with the requirements of the Victim and Witness
Assistance Program, regarding the investigation and disposition of an offense.'
* * * * *
A01952b USACIDC
System name:
Criminal Investigation and Crime Laboratory Files. System location:
Headquarters, U.S. Army Criminal Investigation Command, 6010 6th [[Page 77004]]
Street, Building 1465, Fort Belvoir, VA 220605506. Segments exist at
subordinate U.S. Army Criminal Investigation Command elements.
Addresses may be obtained from the Commander, U.S. Army Criminal
Investigation Command, 6010 6th Street, Building 1465, Fort Belvoir, VA 220605506.
An automated index of cases is maintained at the U.S. Army Crime Records Center, U.S. Army Criminal Investigation Command, 6010 6th Street, Building 1465, Fort Belvoir, VA 220605585 and at the Defense Security Service, Army Liaison Office, P.O. Box 46060, Baltimore, MD 212406060.
Categories of individuals covered by the system:
Any individual, civilian or military, involved in or suspected of being involved in or reporting possible criminal activity affecting the interests, property, and/or personnel of the U.S. Army.
Categories of records in the system:
Name, Social Security Number, rank, date and place of birth, chronology of events; reports of investigation containing statements of witnesses, subject and agents; laboratory reports, documentary evidence, physical evidence, summary and administrative data pertaining to preparation and distribution of the report; basis for allegations; Serious or Sensitive Incident Reports, modus operandi and other investigative information from Federal, State, and local investigative agencies and departments; similar relevant documents. Indices contain codes for the type of crime, location of investigation, year and date of offense, names and personal identifiers of persons who have been subjects of electronic surveillance, suspects, subjects and victims of crimes, report number which allows access to records noted above; agencies, firms, Army and Defense Department organizations which were the subjects or victims of criminal investigations; and disposition and suspense of offenders listed in criminal investigative case files, witness identification data.
Authority for maintenance of the system:
10 U.S.C. 3013, Secretary of the Army; Army Regulation 1952, Criminal Investigation Activities; 42 U.S.C. 10606 et seq.; Department of Defense Directive 1030.1, Victim and Witness Assistance; and E.O. 9397 (SSN).
Purpose(s):
To conduct criminal investigations and crime prevention activities;
to accomplish management studies involving the analysis, compilation of
statistics, quality control, etc., to ensure that completed
investigations are legally sufficient and result in overall improvement in techniques, training and professionalism.
Routine uses of records maintained in the system, including categories of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
Information concerning criminal or possible criminal activity is disclosed to Federal, State, local and/or foreign law enforcement agencies in accomplishing and enforcing criminal laws; analyzing modus operandi, detecting organized criminal activity, or criminal justice employment. Information may also be disclosed to foreign countries under the provisions of the Status of Forces Agreements, or Treaties.
To the Department of Veterans Affairs to verify veterans claims. Criminal investigative files may be used to adjudicate veteran claims for disability benefits, post dramatic stress disorder, and other veteran entitlements.
To victims and witnesses of a crime for purposes of providing information, consistent with the requirements of the Victim and Witness Assistance program, regarding the investigation and disposition of an offense.
The DoD ``Blanket Routine Uses'' set forth at the beginning of the
Army's compilcation of systems of records notices also apply to this system.
Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system:
Storage:
Paper records in file folders; automated indices; computer magnetic tapes, disks, and printouts.
Retrievability:
By name or other identifier of individual.
Safeguards:
Access is limited to designated authorized individuals having official need for the information in the performance of their duties. Buildings housing records are protected by security guards. Retention and disposal:
At Headquarters, U.S. Army Criminal Investigation Command (USACIDC), criminal investigative case files are retained for 40 years after final action, except that the USACIDC subordinate elements, such files are retained from 1 to 5 years depending on the level of such unit and the data involved. Laboratory reports at the USACIDC laboratory are destroyed after 5 years.
System manager(s) and address:
Commander, Headquarters, U.S. Army Criminal Investigation Command, 6010 6th Street, Building 1465, Fort Belvoir, VA 220605506. Notification procedure:
Individual seeking to determine whether information about themselves is contained in this system should address written inquiries to the Director, U.S. Army Crime Records Center, U.S. Army Criminal Investigation Command, ATTN: CICRFP, 6010 6th Street, Building 1465, Fort Belvoir, VA 220605585.
For verification purposes, individuals should provide the full name, date and place of birth, current address, telephone numbers, and signature.
Record access procedures:
Individuals seeking access to information about themselves contained in this system should address written inquiries to the Director, U.S. Army Crime Records Center, U.S. Army Criminal Investigation Command, ATTN: CICRFP, 6010 6th Street, Building 1465, Fort Belvoir, VA 220605585.
For verification purposes, individuals should provide the full name, date and place of birth, current address, telephone numbers, and signature.
Contesting record procedures:
The Army's rules for accessing records, and for contesting contents and appealing initial agency determinations are contained in Army Regulation 34021; 32 CFR part 505; or may be obtained from the system manager.
Record source categories:
Suspects, witnesses, victims, USACIDC special agents and other personnel, informants; various Department of Defense, federal, state, and local investigative agencies; departments or agencies of foreign governments; and any other individual or organization which may supply pertinent information.
Exemptions claimed for the system:
Parts of this system may be exempt pursuant to 5 U.S.C. 552a(j)(2) if the information is complied and maintained by a component of the agency which performs as its principle function any activity pertaining to the enforcement of criminal laws.
[[Page 77005]]
An exemption rule for this system has been promulgated in
accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c)
and (e) and published in 32 CFR part 505. For additional information contact the system manager.
A060037b DAPE
System name:
Unfavorable Information Files (February 22, 1993, 58 FR 10002). * * * * *
Authority for maintenance of the system:
Delete entry and replace with ``10 U.S.C. 3013, Secretary of the
Army; 42 U.S.C. 10606 et seq.; Department of Defense Directive 1030.1,
Victim and Witness Assistance; and Army Regulation 60037, Unfavorable Information; and E.O. 9397 (SSN).''
* * * * *
Routine uses of records maintained in the system, including categories of users and the purposes of such uses:
Add a new paragraph `To victims and witnesses of a crime for
purposes of providing information, consistent with the requirements of
the Victim and Witness Assistance Program, regarding the investigation and disposition of an offense.'
* * * * *
A060037b DAPE
System name:
Unfavorable Information Files.
System location:
Primary records are located at the Department of the Army Suitability Evaluation Board, Office of the Deputy Chief of Staff of Personnel, 4000 Army Pentagon, Washington, DC 203104000. Segments of the system may exist as Suitability Evaluation Board at Major Army Commands. Official mailing addresses are published as an appendix to the Army's compilation of systems of records notices.
Categories of individuals covered by the system:
Army personnel (active, reserve, National Guard) on whom unfavorable information has been discovered, considered, referred to individual, and disposed of, to include appeals and petitions for removal or transfer of such information from the individual's performance record.
Categories of records in the system:
Summary of unfavorable information, copy of letter of notification to individual, individual's response or appeal, summary of consideration of response or appeal, disposition determination, and voting record of Board members.
Authority for maintenance of the system:
10 U.S.C. 3013, Secretary of the Army; 42 U.S.C. 10606 et seq.; Department of Defense Directive 1030.1, Victim and Witness Assistance; and Army Regulation 60037, Unfavorable Information; and E.O. 9397 (SSN).
Purpose(s):
To record Board action and to provide pattern of subsequent
unfavorable information. Information filed in the performance portion
of the Official Military Personnel File is also used by Department of
Army promotion/selection boards when the individual has been afforded due process.
Routine uses of records maintained in the system, including categories of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records of information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
To victims and witnesses of a crime for purposes of providing information, consistent with the requirements of the Victim and Witness Assistance Program, regarding the investigation and disposition of an offense.
The DoD ``Blanket Routine Uses'' set forth at the beginning of the
Army's compilation of systems of records notices also apply to this system.
Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system:
Storage:
Paper records in file folders.
Retrievability:
By individual's surname.
Safeguards:
Records are maintained in areas accessible only to authorized personnel having official need therefor. Buildings housing records are secured at all times.
Retention and disposal:
Records are retained by the Suitability Evaluation Board for 6 years, following which they are destroyed by shredding.
System manager(s) and address:
Deputy Chief of Staff for Personnel, Headquarters, Department of the Army, 4000 Army Pentagon, Washington, DC 203104000.
Notification procedure:
Individuals seeking to determine if information about themselves contained in this system should address written inquiries to the Deputy Chief of Staff for Personnel, Department of the Army, 4000 Army Pentagon, Washington, DC 203104000.
Inquirer should furnish his/her full name, Social Security Number, sufficient details concerning time and place of event to ensure locating pertinent records, and signature.
Record access procedures:
Individuals seeking access to information about themselves contained in this system should address written request to the Deputy chief of Staff for Personnel, Headquarters, Department of the Army,
FOR FURTHER INFORMATION CONTACT
Ms. Janice Thornton at (703) 806-4390 or DSN 6564390 or Ms. Christie King at (703) 8063711 or DSN 6563711.