Privacy Act of 1974; System of Records, 75686-75688 [E8-29403]

Agencies

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

[Federal Register Volume 73, Number 240 (Friday, December 12, 2008)]
[Notices]
[Pages 75686-75688]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29403]


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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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