[Federal Register: September 29, 2003 (Volume 68, Number 188)]
[Notices]
[Page 55945-55946]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29se03-56]
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DEPARTMENT OF DEFENSE
Department of the Air Force
Privacy Act of 1974; System of Records
AGENCY: Department of the Air Force, DoD.
ACTION: Notice to amend a system of records.
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SUMMARY: The Department of the Air Force is amending one system of
records notice in its existing inventory of record systems subject to
the Privacy Act of 1974, (5 U.S.C. 552a), as amended.
DATES: This proposed actions will be effective without further notice
on October 29, 2003 unless comments are received which result in a
contrary determination.
ADDRESSES: Send comments to the Air Force Privacy Act Manager, Office
of the Chief Information Officer, AF-CIO/P, 1155 Air Force Pentagon,
Washington, DC 20330-1155.
FOR FURTHER INFORMATION CONTACT: Mrs. Anne Rollins at (703) 601-4043.
SUPPLEMENTARY INFORMATION: The Department of the Air Force 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 specific changes to the records system being amended are set
forth below followed by the notice, as amended, published in its
entirety. The proposed amendments are not within the purview of
subsection (r) of the Privacy Act of 1974, (5 U.S.C. 552a), as amended,
which requires the submission of a new or altered system report.
Dated: September 17, 2003.
Patricia Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
F051 AF JA I
System name:
Commander Directed Inquiries (June 4, 2002, 67 FR 38487).
Changes:
* * * * *
Retention and disposal:
Delete entry and replace with `Destroy 2 years after the case is
closed.'
* * * * *
F051 AF JA I
System name:
Commander Directed Inquiries.
System location:
Commander Directed Inquiries are maintained at the installation
where the Commander's office is located.
Information copies of a report are kept at the individual's
organization and at other organizations which have an interest in a
particular incident or problem involving that individual that is
addressed in the report. Official Air Force mailing addresses are
published as an appendix to the Air Force's compilation of record
systems notices.
Categories of individuals covered by the system:
All persons who are subjects of reviews, inquiries, or
investigations conducted under the inherent authority of a commander or
director. All persons who are subjects of administrative command
actions for which another system of records is not applicable.
Categories of records in the system:
Commander-directed investigations; letters/transcriptions of
complaints, allegations and queries; letters of appointment; reports of
reviews, inquiries and investigations with supporting attachments,
exhibits and photographs, record of interviews; witness statements;
reports of legal review of case files, congressional responses;
memoranda; letters and reports of findings and actions taken; letters
to complainants and subjects of investigations; letters of rebuttal
from subjects of investigations; finance, personnel; administration;
adverse information, and technical reports; documentation of command
action.
Authority for maintenance of the system:
10 U.S.C. 8013, Secretary of the Air Force; 10 U.S.C. 164,
Commanders of Combatant Commands; Air Force Instruction 51-604,
Appointment to and Assumption of Command; Inherent authority of
commanders to investigate matters or incidents under their jurisdiction
or command.
Purpose(s):
Used to ensure just, thorough, and timely resolution and response
to complaints, allegations, or queries, and as a means of improving
morale, welfare, good order, discipline, and efficiency of
organizations, units, and personnel.
Portions of the inquiries or investigations may be used in
evaluating an individual's overall performance and may be included in
their military personnel records.
Documents received or prepared in anticipation of litigation are
used by attorneys for the government to prepare for trials and
hearings; to analyze evidence; to prepare for examination of witnesses;
to prepare for argument before courts, magistrates, and investigating
officers; and to advise commanders.
Routine uses of records maintained in the system, including categories
of users and the purpose 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:
To governmental boards or agencies or health care professional
societies or organizations if such record or document is needed to
perform licensing or professional standards monitoring related to
credentialed health care practitioners or licensed non-credentialed
health care personnel who are or were members of the United States Air
Force, and to medical institutions or organizations wherein such member
has applied for or been granted authority or employment to provide
health care services if such record or document is needed to assess the
professional qualifications of such member.
To certifying and licensing bodies for professional certifications
and accreditations not related to health care.
The DoD ``Blanket Routine Uses'' set forth at the beginning of the
Air Force's compilation of systems of records notices apply to this
system.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Maintained in file folders, in computers, and on computer output
and storage products.
Retrievability:
Retrieved by subject's name and Social Security Number.
Safeguards:
Records are accessed by person(s) responsible for servicing the
record
[[Page 55946]]
system in performance of their official duties and by authorized
personnel who are properly screened and cleared based upon a need to
know. Records are stored in locked rooms and cabinets. Those in
computer storage devices are protected by computer system software.
Retention and disposal:
Destroy 2 years after the case is closed.
System manager(s) and address:
The Commander who initiated an investigation or that Commander's
successor in command, at that Commander's installation office. Official
Air Force mailing addresses are published as an appendix to the Air
Force's compilation of record systems notices.
Notification procedure:
Individuals seeking to determine whether this system of records
contains information about themselves should address written inquiries
to the Commander who initiated the investigation, or that Commander's
successor, at the Commander's installation office.
Individual should provide their full name, mailing address, and
Social Security Number.
Record access procedures:
Individuals seeking to access records about themselves contained in
this system should address request to the Commander who initiated the
investigation, or that Commander's successor in command, at the
Commander's installation office.
Individual should provide their full name, mailing address, and
Social Security Number.
Contesting record procedures:
The Air Force rules for accessing records, and for contesting
contents and appealing initial agency determinations are published in
Air Force Instruction 37-132; 32 CFR part 806b; or may be obtained from
the system manager.
Record source categories:
Complainants, subjects, investigations, witnesses, official
records, third parties, and Members of Congress. Information from
almost any source can be included if it is relevant and material to the
investigation, inquiry, or subsequent command action.
Exemptions claimed for the system:
Investigatory material compiled for law enforcement purposes, other
than material within the scope of subsection 5 U.S.C. 552a(j)(2), 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 the information, the individual will be
provided access to the information exempt to the extent that disclosure
would reveal the identify of a confidential source. Note: When claimed,
this exemption allows limited protection of investigative reports
maintained in a system of records used in personnel or administrative
actions.
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) published in 32 CFR part 806b. For additional information
contact the system manager.
[FR Doc. 03-24443 Filed 9-26-03; 8:45 am]
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