[Federal Register Volume 75, Number 140 (Thursday, July 22, 2010)]
[Notices]
[Pages 42720-42722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17962]
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DEPARTMENT OF DEFENSE
Department of the Air Force
[Docket ID: USAF-2010-0021]
Privacy Act of 1974; System of Records
AGENCY: Department of the Air Force, DoD.
ACTION: Notice to alter a system of records.
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SUMMARY: The Department of the Air Force is proposing to alter a system
of records notice in its existing inventory of records systems subject
to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.
DATES: The proposed action will be effective on August 23, 2010, unless
comments are received that would result in a contrary determination.
ADDRESSES: You may submit comments, identified by docket number and
title, by any of the following methods:
Federal Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Federal Docket Management System Office, 1160
Defense Pentagon, Room 3C843, Washington, DC 20301-1160.
Instructions: All submissions received must include the agency name
and docket number for this Federal Register document. The general
policy for comments and other submissions from members of the public is
to make these submissions available for public viewing on the Internet
at http://www.regulations.gov as they are received without change,
including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Mr. Charles J. Shedrick, 703-696-6488.
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 Department of the Air Force Privacy Office, Air Force Privacy
Act Office, Office of Warfighting Integration and Chief Information
officer, ATTN: SAF/XCPPI, 1800 Air Force Pentagon, Washington, DC
20330-1800.
The proposed systems report, as required by 5 U.S.C. 552a(r) of the
Privacy Act, was submitted on July 2, 2010, to the House Committee on
Oversight and Government Reform, the Senate Committee on Homeland
Security and Governmental Affairs, and the Office of Management and
Budget pursuant to paragraph 4c of Appendix I to Office of Management
and Budget Circular No. A-130, ``Federal Agency Responsibilities for
Maintaining Records About Individuals,'' dated February 8, 1996,
(February 20, 1996; 61 FR 6427).
Dated: July 19, 2010.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
F051 AFJA I
System name:
Courts-martial and Article 15 Records (December 31, 2008; 73 FR
80376).
Changes:
* * * * *
System name:
Delete entry and replace with ``Military Justice and Magistrate
Court Records.''
System location:
Delete entry and replace with ``The Judge Advocate General,
Headquarters United States Air Force, 1420 Air Force Pentagon,
Washington, DC 20330-1420.
Headquarters Air Force Personnel Center, 550 C Street W, Randolph
Air Force Base, TX 78150-4746.
Headquarters of major commands and all levels down to and including
Air Force installations. Official mailing addresses are published as an
appendix to the Air Force's compilation of systems of records
notices.''
Categories of individuals covered in the system:
Delete entry and replace with ``Individuals subject to the Uniform
Code of Military Justice and the Magistrate court program.''
Categories of records in the system:
Delete entry and replace with ``Records of trial by courts-martial,
Social Security Number (SSN), military service number, individual's
full name, nonjudicial punishment under Article 15 of the Uniform Code
of Military Justice, and magistrate court proceedings. Records include
case summaries, military justice activity reports, witness statements,
investigative reports, medical records, personnel records, financial
records, reports of investigations, commander directed inquiries, and
other reports and records from local, state, and other federal
agencies.''
Authority for maintenance of the system:
Delete entry and replace with ``10 U.S.C. 8013, Secretary of the
Air Force: Powers and duties; delegation by; 10 U.S.C. 8037, Judge
Advocate General,
[[Page 42721]]
Deputy Judge Advocate General: Appointment and duties; 10 U.S.C.
815(g), Commanding officer's nonjudicial punishment; 10 U.S.C. 854,
Record of Trial; 10 U.S.C. 865, Disposition of records after review by
the convening authority; 10 U.S.C. 938, Complaints of Wrongs; 18 U.S.C.
3401, Misdemeanors; application of probation laws; AFI 51-201,
Administration of Military Justice; AFI 51-202, Nonjudicial Punishment;
AFI 51-905, Use of Magistrate Judges for Trial of Misdemeanors
Committed by Civilians; and E.O. 9397 (SSN), as amended.''
Purpose(s):
Delete entry and replace with ``Investigate, adjudicate and
prosecute adverse action cases, Article 138 complaints, and other
administrative and criminal actions related to violation of federal law
and regulations and state law occurring on and off a military
installation; for use by appellate authorities and federal and state
licensing authorities; for statistical purposes and to manage case
processing; and to provide victims and witnesses information consistent
with the requirements of the Victim and Witness Assistance Program, the
Victims' Rights and Restitution Act of 1990, and other laws and
regulations governing the providing of information to victims and
witnesses related to military justice actions and criminal cases and
their administrative disposition.''
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Delete entry and replace with ``In addition to those disclosures
generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974,
these records contained therein may specifically be disclosed outside
the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
Records from this system may be disclosed to other federal agencies
and courts for official purposes, to include a determination of rights
and entitlements of individuals concerned.
To a governmental board or agency or health care professional
society or organization if such record or document is needed to perform
licensing or professional standards monitoring; to medical institutions
or organizations for official purposes, wherein the individual 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 victims and witnesses for the purposes of providing information
consistent with the requirements of the Victim and Witness Assistance
Program, the Victims' Rights and Restitution Act of 1990, and other
laws and regulations governing the providing of information to victims
and witnesses related to military justice actions and criminal cases,
and their administrative disposition.
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:
Delete entry and replace with ``Paper files and electronic storage
media.''
* * * * *
Retention and disposal:
Delete entry and replace with ``Magistrate court records are
destroyed 3 years after a case is closed.
Article 15 records maintained at base legal offices are destroyed
after 3 years or when no longer needed, whichever is later, and
forwarded for filing in the member's permanent master personnel record.
Original court-martial records of trials are retired as permanent
records. Duplicate copies of general courts-martial records maintained
at base legal offices are destroyed 2 years after final review.
Duplicate copies of all other courts-martial records maintained at base
legal offices are destroyed 1 year after final review.
Records and reports stored in computer databases are maintained
until UCMJ action is final or when no longer needed, whichever is
later.
Paper records are destroyed by tearing into pieces, shredding,
pulping, macerating or burning. Computer records are destroyed by
overwriting or permanently deleting.''
* * * * *
F051 AFJA I
System name:
Military Justice and Magistrate Court Records.
System location:
The Judge Advocate General, Headquarters United States Air Force,
1420 Air Force Pentagon, Washington, DC 20330-1420.
Headquarters Air Force Personnel Center, 550 C Street W, Randolph
Air Force Base, TX 78150-4746.
Headquarters of major commands and all levels down to and including
Air Force installations. Official mailing addresses are published as an
appendix to the Air Force's compilation of systems of records notices.
Categories of individuals covered by the system:
Individuals subject to the Uniform Code of Military Justice and the
Magistrate court program.
Categories of records in the system:
Records of trial by courts-martial, Social Security Number (SSN),
military service number, individual's full name, nonjudicial punishment
under Article 15 of the Uniform Code of Military Justice, and
magistrate court proceedings. Records include case summaries, military
justice activity reports, witness statements, investigative reports,
medical records, personnel records, financial records, reports of
investigations, commander directed inquiries, and other reports and
records from local, state, and other federal agencies.
Authority for maintenance of the system:
10 U.S.C. 8013, Secretary of the Air Force: Powers and duties;
delegation by; 10 U.S.C. 8037, Judge Advocate General, Deputy Judge
Advocate General: Appointment and duties; 10 U.S.C. 815(g), Commanding
officer's nonjudicial punishment; 10 U.S.C. 854, Record of Trial; 10
U.S.C. 865, Disposition of records after review by the convening
authority; 10 U.S.C. 938, Complaints of Wrongs; 18 U.S.C. 3401,
Misdemeanors; application of probation laws; AFI 51-201, Administration
of Military Justice; AFI 51-202, Nonjudicial Punishment; AFI 51-905,
Use of Magistrate Judges for Trial of Misdemeanors Committed by
Civilians; and E.O. 9397 (SSN), as amended.
Purpose(s):
Investigate, adjudicate and prosecute adverse action cases, Article
138 complaints, and other administrative and criminal actions related
to violation of federal law and regulations and state law occurring on
and off a military installation; for use by appellate authorities and
federal and state licensing authorities; for statistical purposes and
to manage case processing; and to provide victims and witnesses
information consistent with the requirements of the Victim and Witness
Assistance Program, the Victims' Rights and Restitution Act of 1990,
and other laws and regulations governing the providing of information
to victims and witnesses related to military justice actions and
criminal cases and their administrative disposition.
[[Page 42722]]
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 of 1974, these records contained therein may
specifically be disclosed outside the DoD as a routine use pursuant to
5 U.S.C. 552a(b)(3) as follows:
Records from this system may be disclosed to other federal agencies
and courts for official purposes, to include a determination of rights
and entitlements of individuals concerned.
To a governmental board or agency or health care professional
society or organization if such record or document is needed to perform
licensing or professional standards monitoring; to medical institutions
or organizations for official purposes, wherein the individual 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 victims and witnesses for the purposes of providing information
consistent with the requirements of the Victim and Witness Assistance
Program, the Victims' Rights and Restitution Act of 1990, and other
laws and regulations governing the providing of information to victims
and witnesses related to military justice actions and criminal cases,
and their administrative disposition.
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 files and electronic storage media.
Retrievability:
Records are retrieved by name, Social Security Number (SSN), or
military service number.
Safeguards:
Records are accessed by authorized personnel as necessary to
accomplish their official duties. Paper records are stored in vaults
and locked rooms or cabinets. Computer records have access controls, to
include password protection and encryption. Physical servers reside in
an office space behind cyber lock.
Retention and disposal:
Magistrate court records are destroyed 3 years after a case is
closed.
Article 15 records maintained at base legal offices are destroyed
after 3 years or when no longer needed, whichever is later, and
forwarded for filing in the member's permanent master personnel record.
Original court-martial records of trials are retired as permanent
records. Duplicate copies of general courts-martial records maintained
at base legal offices are destroyed 2 years after final review.
Duplicate copies of all other courts-martial records maintained at base
legal offices are destroyed 1 year after final review.
Records and reports stored in computer databases are maintained
until UCMJ action is final or when no longer needed, whichever is
later.
Paper records are destroyed by tearing into pieces, shredding,
pulping, macerating or burning. Computer records are destroyed by
overwriting or permanently deleting.
System manager(s) and address:
The Judge Advocate General, Headquarters United States Air Force,
1420 Air Force Pentagon, Washington, DC 20330-1420.
Notification procedure:
Individuals seeking to determine whether information about
themselves is contained in this system of records should address
written inquiries to the Judge Advocate General, Headquarters United
States Air Force, 1420 Air Force Pentagon, Washington, DC 20330-1420.
Individuals should provide their full name and Social Security
Number (SSN) and/or military service number; unit of assignment; date
of trial; type of court; date of discharge action; and date of
punishment imposed in the case of Article 15 action may also be
necessary, as appropriate.
Record access procedures:
Individuals seeking to access records about themselves contained in
this system should address requests to the Judge Advocate General,
Headquarters United States Air Force, 1420 Air Force Pentagon,
Washington, DC 20330-1420.
Individuals should provide their full name and Social Security
Number (SSN) and/or military service number; unit of assignment; date
of trial; type of court; date of discharge action; and date of
punishment imposed in the case of Article 15 action may also be
necessary, as appropriate.
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:
Information from almost any source can be included if it is
relevant and material to the proceedings. These include, but are not
limited to, witness statements; police reports; reports from local,
state, and federal agencies; information submitted by an individual
making an Article 138 complaint; Inspector General investigations; and
commander directed inquiries.
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 compiled and maintained by a component of the
agency that performs as its principle function any activity pertaining
to the enforcement of criminal laws.
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 identity 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 record system has been promulgated in
accordance with the requirements of 5 U.S.C. 553(b)(1), (2), and (3),
(c) and (e) and published in 32 CFR part 806b.
[FR Doc. 2010-17962 Filed 7-21-10; 8:45 am]
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