[Federal Register: December 12, 2008 (Volume 73, Number 240)]
[Notices]
[Page 75686-75688]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12de08-51]
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DEPARTMENT OF DEFENSE
Department of the Air Force
[Docket ID: USAF-2008-0044]
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 proposes to amend a system of
records to its inventory of record systems subject to the Privacy Act
of 1974 (5 U.S.C. 552a), as amended.
DATES: The changes will be effective on January 12, 2009 unless
comments are received that would result in a contrary determination.
ADDRESSES: Send comments to the Air Force Privacy Act Officer, Office
of Warfighting Integration and Chief Information Officer, SAF/XCISI,
1800 Air Force Pentagon, Suite 220, Washington, DC 20330-1800.
FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Brodie at (703) 696-7557.
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 record 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: December 8, 2008.
Morgan E. Frazier,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
F051 AF JA I
SYSTEM NAME:
Commander Directed Inquiries (September 29, 2003, 68 FR 55945).
CHANGES:
* * * * *
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Delete entry and replace with ``10 U.S.C. 8013, Secretary of the
Air Force; 10 U.S.C. 8037, Judge Advocate General; 10 U.S.C. 164,
Commanders of Combatant Commands; Air Force Instruction 51-904,
Complaints of Wrongs under Article 138, Uniform Code of Military
Justice and E.O. 9397 (SSN).''
PURPOSE(S):
Delete entry and replace with ``Used for thorough and timely
resolution and response to complaints, allegations, or queries. May
also be used for personnel actions involving civilian or military
employees.
Documents received or prepared in anticipation of litigation are
used by attorneys for the government to prepare
[[Page 75687]]
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:
Delete entry and replace with ``To governmental boards or agencies
or health care professional societies or organizations, or other
professional organizations, if such record or document is needed to
perform licensing or professional standards monitoring.
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.''
STORAGE:
Delete entry and replace with ``Paper records in file folders and
electronic storage media.''
RETRIEVABILITY:
Delete entry and replace with ``Retrieved by subject's name and/or
Social Security Number (SSN).''
SAFEGUARDS:
Delete entry and replace with ``Records are accessed by person(s)
responsible for servicing the record system in performance of their
official duties and by authorized personnel who are properly screened
and cleared for need-to-know. Records are stored in locked rooms and
cabinets. Those in computer storage devices are protected by computer
system software. Computers are only accessible with a password.''
RETENTION AND DISPOSAL:
Delete entry and replace with ``Disposed of 2 years after the case
is closed. Paper records are disposed of by tearing into pieces,
shredding, pulping, macerating or burning. Computer records are
destroyed by deleting, erasing, degaussing, or by overwriting.''
* * * * *
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 the subject of reviews, inquiries, or
investigations conducted under the inherent authority of a commander or
director. All persons who are the subject 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. 8037, Judge
Advocate General; 10 U.S.C. 164, Commanders of Combatant Commands; Air
Force Instruction 51-904, Complaints of Wrongs under Article 138,
Uniform Code of Military Justice and E.O. 9397 (SSN).
PURPOSE(S):
Used for thorough and timely resolution and response to complaints,
allegations, or queries. May also be used for personnel actions
involving civilian or military employees.
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, or other professional organizations, if
such record or document is needed to perform licensing or professional
standards monitoring.
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:
Paper records in file folders and electronic storage media.
RETRIEVABILITY:
Retrieved by subject's name and/or Social Security Number (SSN).
SAFEGUARDS:
Records are accessed by person(s) responsible for servicing the
record system in performance of their official duties and by authorized
personnel who are properly screened and cleared for need-to-know.
Records are stored in locked rooms and cabinets. Those in computer
storage devices are protected by computer system software. Computers
are only accessible with a password.
RETENTION AND DISPOSAL:
Disposed of 2 years after the case is closed. Paper records are
disposed of by tearing into pieces, shredding, pulping, macerating or
burning. Computer records are destroyed by deleting, erasing,
degaussing, or by overwriting.
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.
Requests should provide their full name, mailing address, and proof
of identity.
[[Page 75688]]
RECORD ACCESS PROCEDURES:
Individuals seeking to access records about themselves contained in
this system should address requests to the Commander who initiated the
investigation, or that Commander's successor in command, at the
Commander's installation office.
Requests should provide their full name, mailing address, and proof
of identity.
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 33-332; 32 CFR part 806b; or may be obtained from
the system manager.
RECORD SOURCE CATEGORIES:
Complainants, subjects, reports of investigations, witnesses, third
parties, state and local governments and agencies, other Federal
agencies, Members of Congress, and civilian police reports. 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. E8-29403 Filed 12-11-08; 8:45 am]
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