Privacy Act of 1974; System of Records, 5828-5830 [E8-1745]

Agencies

• DEPARTMENT OF DEFENSE
• Department of the Navy
• Navy Department

[Federal Register Volume 73, Number 21 (Thursday, January 31, 2008)]
[Notices]
[Pages 5828-5830]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-1745]


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DEPARTMENT OF DEFENSE

Department of the Navy

[USN-2008-0003]


Privacy Act of 1974; System of Records

AGENCY: Department of the Navy, DoD.

ACTION: Notice to Amend a System of Records.

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SUMMARY: The Department of the Navy 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.

DATES: This proposed action will be effective without further notice on 
March 3, 2008 unless comments are received which result in a contrary 
determination.

ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy 
Branch, Chief of Naval Operations (DNS-36), 2000 Navy Pentagon, 
Washington, DC 20350-2000.

FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at (202) 685-6545.

SUPPLEMENTARY INFORMATION: The Department of the Navy 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: January 24, 2008.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
N01000-1

System name:
    Correction Board Case Files System (April 24, 1997, 62 FR 1994).

Changes:
    Delete ``N01000-1'' and replace with ``NM01000-1''.

System name:
    Delete entry and replace with ``Board for Correction of Naval 
Records Tracking System (BCNRTS) and Case Files.''
* * * * *

System location:
    Delete entry and replace with ``Board for Correction of Naval 
Records, Room 2432, 2 Navy Annex, Washington, DC 20370-5100.''
* * * * *

Categories of records in the system:
    Delete entry and replace with ``Records consist of file cards with 
basic information and computer records derived there from, case files 
containing records of board proceedings, material submitted for 
correction and supporting documentation, correspondence and transcripts 
of board formal hearings. The basic case information and computer 
records derived there from include the following: Rank; Social Security 
Number (SSN)/service number; docket number; date application received; 
subject category; subject category description; examiner's initials; 
date examiner assigned; branch of service; board decision; date of 
board decision; date decision promised if interested members of 
Congress; date case forwarded to the Secretary of the Navy; date case 
forwarded to Navy Personnel Command/Commandant of the Marine Corps; 
date case returned from Navy Personnel Command/Commandant of the Marine 
Corps; date advisory opinion requested; identity of advisor's 
organization; date advisory opinion received; date service record 
ordered; date medical record ordered; date court-martial record 
ordered; date Navy Discharge Review Board record ordered; date other 
record ordered; date service record received; date medical record 
received; date court-martial record received; date Navy Discharge 
Review Board record received; date

[[Page 5829]]

other records received; number of Navy applications received; number of 
Marine Corps applications received; total number of Navy and Marine 
Corps applications received; statistical breakdown of cases; total 
number of Navy discharge cases; total number Marine Corps discharge 
cases; Navy grant count; Navy deny count; Navy modify count; Marine 
grant; Marine deny count; Marine modify count.''
* * * * *

Purpose(s):
    Replace paragraphs 2, 3, and 4 entries with the following ``To 
officials and employees of the Navy Personnel Command, the Bureau of 
Medicine and Surgery, the Secretary of the Navy Council of Review 
Boards, the Physical Evaluation Board and the Judge Advocate General 
for the purpose of obtaining advisory opinions and to correct records 
in accordance with approved Correction Board decisions.
    To officials and employees of Headquarters, U.S. Marine Corps for 
the purpose of obtaining advisory opinions in cases involving present 
and former Marine Corps personnel and to correct records of present and 
former Marine Corps personnel in accordance with approved correction 
Board decisions.
    To officials and employees of the General Litigation Division, 
Office of the Judge Advocate General, Department of the Navy to prepare 
legal briefs and answers to complaints filed against the Department of 
the Navy.''
* * * * *

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    ``Paper records and automated data base [Board for Correction of 
Naval Records Tracking System (BCNRTS)].''

Retrievability:
    Delete entry and replace with ``Name of the applicant; docket 
number; and Social Security Number (SSN)/service number.''
* * * * *

Retention and disposal:
    Delete entry and replace with ``Three years after record is closed, 
it is transferred to the Federal Records Center for storage. It is 
destroyed when 40 years old or when the military personnel service 
record is destroyed, whichever is earlier.''
* * * * *

Notification procedure:
    Delete para 2 and replace with ``Individual should submit a written 
request that includes their full name, Social Security Number (SSN) or 
service number, and branch of service.
    The request should also include a current mailing address and 
telephone number.''

Record access procedures:
    Delete para 2 and replace with ``Individual should submit a written 
request that includes their full name, Social Security Number (SSN) or 
service number, and branch of service.
    The request should also include a current mailing address and 
telephone number.''
* * * * *

Record source categories:
    Delete entry and replace with ``Individual; military records; 
Department of Veterans Affairs; police and law enforcement records.''
* * * * *
NM01000-1

System name:
    Board for Correction of Naval Records Tracking System (BCNRTS) and 
Case Files.

System location:
    Board for Correction of Naval Records, Room 2432, 2 Navy Annex, 
Washington, DC 20370-5100.

Categories of individuals covered by the system:
    Any member or former member of the U.S. Navy or Marine Corps who 
has applied for the correction of his/her naval record.

Categories of records in the system:
    Records consist of file cards with basic information and computer 
records derived therefrom, case files containing records of board 
proceedings, material submitted for correction and supporting 
documentation, correspondence and transcripts of board formal hearings. 
The basic case information and computer records derived therefrom 
include the following: Rank; Social Security Number (SSN)/service 
number; docket number; date application received; subject category; 
subject category description; examiner's initials; date examiner 
assigned; branch of service; board decision; date of board decision; 
date decision promised if interested members of Congress; date case 
forwarded to the Secretary of the Navy; date case forwarded to Navy 
Personnel Command/Commandant of the Marine Corps; date case returned 
from Navy Personnel Command/Commandant of the Marine Corps; date 
advisory opinion requested; identity of advisor's organization; date 
advisory opinion received; date service record ordered; date medical 
record ordered; date court-martial record ordered; date Navy Discharge 
Review Board record ordered; date other record ordered; date service 
record received; date medical record received; date court-martial 
record received; date Navy Discharge Review Board record received; date 
other records received; number of Navy applications received; number of 
Marine Corps applications received; total number of Navy and Marine 
Corps applications received; percent of total to grand total; total 
number of Navy discharge cases; total number Marine Corps discharge 
cases; Navy grant count; Navy deny count; Navy modify count; Marine 
grant; Marine deny count; Marine modify count.

Authority for maintenance of the system:
    10 U.S.C. 1552; 32 CFR part 723; and E.O. 9397 (SSN).

Purpose(s):
    To review applicant's Naval record to determine the existence of 
alleged error or injustice and to recommend appropriate corrective 
action when warranted--to report its findings, conclusions and 
recommendations to the Secretary of the Navy in appropriate cases--to 
respond to inquiries from applicants, their counsel, and members of 
Congress.
    To officials and employees of the Navy Personnel Command, the 
Bureau of Medicine and Surgery, the Secretary of the Navy Council of 
Review Boards, the Physical Evaluation Board and the Judge Advocate 
General for the purpose of obtaining advisory opinions and to correct 
records in accordance with approved Correction Board decisions.
    To officials and employees of Headquarters, U.S. Marine Corps for 
the purpose of obtaining advisory opinions in cases involving present 
and former Marine Corps personnel and to correct records of present and 
former Marine Corps personnel in accordance with approved correction 
Board decisions.
    To officials and employees of the General Litigation Division, 
Office of the Judge Advocate General, Department of the Navy to prepare 
legal briefs and answers to complaints filed against the Department of 
the Navy.

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

[[Page 5830]]

DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    The `Blanket Routine Uses' that appear at the beginning of the 
Navy'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 and automated data base [Board for Correction of 
Naval Records Tracking System (BCNRTS)].

Retrievability:
    Name of the applicant; docket number; and Social Security Number 
(SSN)/service number.

Safeguards:
    Access to building is protected by uniformed security officers 
requiring positive identification; for admission after hours, records 
are maintained in areas accessible only to authorized personnel. 
Computer systems are password protected.

Retention and disposal:
    Three years after record is closed, it is transferred to the 
Federal Records Center for storage. It is destroyed when 40 years old 
or when the military personnel service record is destroyed, whichever 
is earlier.

System manager(s) and address:
    Executive Director, Board for Correction of Naval Records, Room 
2432, 2 Navy Annex, Washington, DC 20370-5100.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the Executive Director, Board for Correction of Naval Records, Room 
2432, 2 Navy Annex, Washington, DC 20370-5100.
    Individual should submit a written request that includes their full 
name, Social Security Number (SSN) or service number, and branch of 
service. In additional, the request should also include a current 
mailing address and telephone number.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the 
Executive Director, Board for Correction of Naval Records, Room 2432, 2 
Navy Annex, Washington, DC 20370-5100.
    Individual should submit a written request that includes their full 
name, Social Security Number (SSN) or service number, and branch of 
service. In additional, the request should also include a current 
mailing address and telephone number.

Contesting record procedures:
    The Navy's rules for accessing records, and for contesting contents 
and appealing initial agency determinations are published in Secretary 
of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained 
from the system manager.

Record source categories:
    Individual; military records; Department of Veterans Affairs; 
police and law enforcement records.

Exemptions claimed for the system:
    None.

[FR Doc. E8-1745 Filed 1-30-08; 8:45 am]
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