Privacy Act of 1974; System of Records, 70790-70792 [05-23130]

Agencies

• DEPARTMENT OF DEFENSE
• Department of the Air Force
• Air Force Department

[Federal Register Volume 70, Number 225 (Wednesday, November 23, 2005)]
[Notices]
[Pages 70790-70792]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23130]


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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 Systems of Records.

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SUMMARY: The Department of the Air Force is amending a 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, in order to 
eliminate an ambiguity that now exists regarding the use of such 
records.

DATES: This proposed action will be effective without further notice on 
December 23, 2005 unless comments are received which 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: Ms. Novella Hill at (703) 588-7855.

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.

    November 17, 2005.
L.M. Bynum,
OSD Federal Register Liaison Officer, Department of Defense.
F051 AF JA F

System name:
    Courts Martial and Article 15 Records (December 10, 2004, 69 FR 
71804).

Changes:
* * * * *

Purpose(s):
    Add a new paragraph between the second and third paragraphs to real 
``Article 15 records are used by commanders in the administration of 
Article 15 proceedings.''
* * * * *
F051 AF JA F

System name:
    Courts-Martial and Article 15 Records.

System location:
    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 78150-4703;
    National Personnel Records Center, Military Personnel Records, 9700 
Page Boulevard, St. Louis, MO 63132-5100;
    Washington National Records Center, Washington, DC 20409-0002; and
    Air Force major commands, major subordinate commands headquarters, 
and at all levels down to and including Air Force installations. 
Official mailing addressees are published as an appendix to the Air 
Force's compilation of systems of records notices.

Categories of individuals covered by the system:
    All persons subject to the Uniform Code of Military Justice (10 
U.S.C. 802) who are tried by courts-martial or upon whom Article 15 
punishment is imposed.

Categories of records in the system:
    Records of trial by courts-martial and records of Article 15 
punishment and documents received or prepared in anticipation of 
judicial and non-judicial proceedings.

Authority for maintenance of the system:
    10 U.S.C. 815(g), Commanding officer's non-judicial punishment; 
854, Record of Trial; 865, Disposition of records after review by the 
convening authority and E.O. 9397.

Purpose(s):
    Records of trial by courts-martial are used for review by the 
appellate and other authorities.
    Portions of the record in every case are used in evaluating the 
individual's overall performance and inclusion in the military master 
personnel record; if conviction results, a record thereof can be 
introduced at a subsequent courts-martial trial involving the same 
individual; also used as source documents for collection of statistical 
information.
    Article 15 records are used by commanders in the administration of 
Article 15 proceedings.
    Article 15 records are used for review of legal sufficiency and 
action on appeals or applications for correction of military records 
filed before appropriate Air Force authorities; used to formulate 
responses to inquiries concerning individual cases made by the 
Congress, the President, the Department of Defense, the individual 
involved or other persons or agencies with a legitimate interest in the 
Article 15 action; used by Air Force personnel authorities in 
evaluating the individual's overall performance and inclusion in the 
individual's military master personnel record; may be used for 
introduction at a subsequent courts-martial trial involving the same 
individual; used as source documents for collection of statistical 
information by The Judge Advocate General.
    Documents received or prepared in anticipation of judicial and non-
judicial Uniform Code of Military Justice proceedings are used by 
prosecuting attorneys for the government to analyze evidence; to 
prepare for examination of

[[Page 70791]]

witnesses; to prepare for argument before courts, magistrates, and 
investigating officers, and to advise commanders. Documents may be 
required after trial when appellate or reviewing authorities made post-
trials inquiries or order new trials.

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:
    Records from this system may be disclosed to the Department of 
Veterans Affairs, the Department of Justice, the Department of State, 
and federal courts for determination of rights and entitlements of 
individuals concerned or the government.
    The records may also be disclosed 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 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 victims and witnesses of a crime for the purposes of providing 
information consistent with the requirements of the Victim and Witness 
Assistance Program and the Victims' Rights and Restitution Act of 1990 
regarding the investigation and disposition of an offense.
    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, and in computers and computer output 
products.

Retrievability:
    Retrieved by name, Social Security Number, Military Service Number, 
or by other searchable data fields.

Safeguards:
    Records are accessed by custodian of the record system and 
person(s) who are properly screened and cleared for need-to-know. 
Records are stored in vaults and locked rooms or cabinets. Records are 
protected by guards, and controlled by personnel screening and by 
visitor registers. Those in computer storage devices are protected by 
computer system software.

Retention and disposal:
    Courts-martial records are retained in office files for 2 years 
following date of final action and then retired as permanent. General 
and special courts-martial records are retired to the Washington 
National Records Center, Washington, DC 20409-0002.
    Summary courts-martial and Article 15 records are retained in 
office files for 1 year or until no longer needed, whichever is sooner, 
and then retired as permanent.
    Summary courts-martial and Article 15 records are forwarded to the 
Air Force Personnel Center for filing in the individual's permanent 
master personnel record.
    Documents received or prepared in anticipation of judicial and non-
judicial Uniform Code of Military Justice proceedings are maintained in 
office files until convictions are final or until no longer needed then 
destroyed. Records are destroyed by tearing into pieces, shredding, 
pulping, macerating or burning.

System manager(s) and address:
    Judge Advocate General, Headquarters United States Air Force, 1420 
Air Force Pentagon, Washington, DC 20330-1420;
    Chief, Military Personnel Records Division, Directorate of 
Personnel Data Systems, Headquarters Air Force Personnel Center, 550 C 
Street W, Randolph Air Force Base, TX 78150-4703; and
    The Staff Judge Advocate at all levels of command and at Air Force 
installations. Official mailing addresses are published as an appendix 
to the Air Force's compilation of systems of records notices.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should address 
written inquiries to the appropriate System manager above.
    Individual should provide full name, Social Security Number, 
service number if different than Social Security Number, unit of 
assignment, date of trial and type of court, if known, or date 
punishment imposed in the case of Article 15 action.

Record access procedures:
    Individuals seeking to access records about themselves contained in 
this system of records should address written inquiries to the 
appropriate System manager above.
    Individual should provide full name, Social Security Number, 
service number if different than Social Security Number, unit of 
assignment, date of trial and type of court, if known, or date 
punishment imposed in the case of Article 15 action. Requester may 
visit the office of the system manager. Requester must present valid 
identification card or driver's license.

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 Article 15 or courts-martial proceedings.

Exemptions claimed for the system:
    Portions 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 from the following 
subsections of 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2), 
(e)(3), (e)(4)(G), (H) and (I), (e)(5), (e)(8), (f), and (g).
    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 from the following subsections of 5 
U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), and (f).


    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)

[[Page 70792]]

and published in 32 CFR part 806b. For additional information contact 
the system manager.

[FR Doc. 05-23130 Filed 11-22-05; 8:45 am]
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