[Federal Register: August 3, 2005 (Volume 70, Number 148)]
[Proposed Rules]
[Page 44536-44537]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03au05-35]
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DEPARTMENT OF DEFENSE
Department of the Army
32 CFR Part 581
RIN 0702-AA51
Personnel Review Board
AGENCY: Department of the Army, DoD.
ACTION: Proposed rule.
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SUMMARY: The Department of the Army proposes to amend its regulation on
Army Board for Correction of Military Records to be in compliance with
the United States District Court for the District of Columbia decision
(Daniel J. Lipsman v. Secretary of the Army--Civil Action No. 02-0151
(RMU), Document Nos. 18, 20, decided September 7, 2004, 2004 U.S. Dist.
LEXIS 17866).
DATES: Comments submitted to the address below on or before September
2, 2005 will be considered.
ADDRESSES: You may submit comments, identified by ``32 CFR Part 581 and
RIN 0702-AA51 in the subject line, by any of the following methods:
Federal Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-Mail: Hubert.Shaw@hqda.army.mil. Include 32 CFR Part 581
and RIN 0702-AA51 in the subject line of the message.
Mail: The Army Review Boards Agency, ATTN: Hubert S. Shaw,
1901 South Bell Street, 2nd Floor, Arlington, Virginia 22202-4508.
FOR FURTHER INFORMATION CONTACT: Hubert S. Shaw, 703-607-1779.
SUPPLEMENTARY INFORMATION:
A. Background
This rule has previously been published. Section 581.3 contained in
32 CFR part 581 provides Department of the Army policy, criteria and
administrative instructions regarding an applicant's request for the
correction of a military record. The Administrative Procedure Act, as
amended by the Freedom of Information Act, requires that certain
policies and procedures and other information concerning the Department
of the Army be published in the Federal Register. The policies and
procedures covered by this part fall into that category.
B. Regulatory Flexibility Act
The Department of the Army has determined that the Regulatory
Flexibility Act does not apply because the proposed rule does not have
a significant economic impact on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601-612.
C. Unfunded Mandates Reform Act
The Department of the Army has determined that the Unfunded
Mandates Reform Act does not apply because the proposed rule does not
include a mandate that may result in estimated costs to State, local or
tribal governments in the aggregate, or the private sector, of $100
million or more.
D. National Environmental Policy Act
The Department of the Army has determined that the National
Environmental Policy Act does not apply because the proposed rule does
not have an adverse impact on the environment.
E. Paperwork Reduction Act
The Department of the Army has determined that the Paperwork
Reduction Act does not apply because the proposed rule does not involve
collection of information from the public.
F. Executive Order 12630 (Government Actions and Interference with
Constitutionally Protected Property Rights)
The Department of the Army has determined that Executive Order
12630 does not apply because the proposed rule does not impair private
property rights.
G. Executive Order 12866 (Regulatory Planning and Review)
The Department of the Army has determined that according to the
criteria defined in Executive Order 12866 this proposed rule is not a
significant regulatory action.
H. Executive Order 13045 (Protection of Children From Environmental
Health Risk and Safety Risks)
The Department of the Army has determined that according to the
criteria defined in Executive Order 13045 this proposed rule does not
apply.
I. Executive Order 13132 (Federalism)
The Department of the Army has determined that according to the
criteria defined in Executive Order 13132 this proposed rule does not
apply because it will not have a substantial effect on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.
Carl W.S. Chun,
Director, Army Board for Correction of Military Records.
List of Subjects in 32 CFR Part 581
Administrative practice and procedure, Archives and Records,
Military Personnel.
For reasons stated in the preamble the Department of the Army
proposes to amend Sec. 581.3 of part 581 to read as follows:
PART 581--PERSONNEL REVIEW BOARD
1. The authority citation for part 581 continues to read as
follows:
Authority: 10 U.S.C. 1552, 1553, 1554, 3013, 3014, 3016; 38
U.S.C. 3103(a).
2. Amend Sec. 581.3 by revising paragraphs (g)(4)(i) and (ii) to
read as follows:
Sec. 581.3 Army Board for Correction of Military Records.
* * * * *
(g) * * *
(4) * * *
(i) If the ABCMR receives the request for reconsideration within 1
year of the ABCMR's original decision and if the ABCMR has not
previously reconsidered the matter, the ABCMR staff will review the
request to determine if it contains evidence (including, but not
limited to, any facts or arguments as to why relief should be granted)
that was not in the record at the time of the ABCMR's prior
consideration. If new evidence has been submitted, the request will be
submitted to the ABCMR for its determination of whether the new
evidence is sufficient to demonstrate material error or injustice. If
no new evidence is found, the ABCMR staff will return the application
to the applicant without action.
(ii) If the ABCMR receives a request for reconsideration more than
1 year after the ABCMR's original decision or after the ABCMR has
already considered one request for reconsideration, then the case will
be returned without action and the applicant will be advised that his
[[Page 44537]]
next remedy is appeal to a court of appropriate jurisdiction.
* * * * *
[FR Doc. 05-15299 Filed 8-2-05; 8:45 am]
BILLING CODE 3710-08-P