Privacy Act of 1974; System of Records, 7408-7410 [E9-3371]

Agencies

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

[Federal Register Volume 74, Number 30 (Tuesday, February 17, 2009)]
[Notices]
[Pages 7408-7410]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-3371]


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DEPARTMENT OF DEFENSE

Department of the Navy

[Docket ID USN-2009-0002]


Privacy Act of 1974; System of Records

AGENCY: U.S. Marine Corps, DoD.

ACTION: Notice to amend a system of records.

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SUMMARY: The U.S. Marine Corps is proposing to amend 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 19, 2009 unless comments are received which result in a contrary 
determination.

ADDRESSES: Send comments to Headquarters, U.S. Marine Corps, FOIA/PA 
Section (ARSF), 2 Navy Annex, Room 3134, Washington, DC 20380-1775.

FOR FURTHER INFORMATION CONTACT: Ms. Tracy Ross at (703) 614-4008.

SUPPLEMENTARY INFORMATION: The U.S. Marine Corps 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: February 11, 2009.
Morgan E. Frazier,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
MMC00002

SYSTEM NAME:
    Working Files, Inspection Division (August 3, 1993, 58 FR 41254).

CHANGES:
    Change System ID to ``M05040-1.''
* * * * *

CATEGORY OF RECORDS:
    Delete entry and replace with ``Individual's name, Social Security 
Number (SSN), case number, former military number, rank, dates and 
places of service, file also contains information pertaining to 
identification, recruitment, enlistment, prior service, assignment, 
location addresses, promotions, reductions in rank, performance of 
duty, discipline, offenses and punishments under the Uniform Code of 
Military Justice, courts-martial, personal history, investigations, 
police and court records, civil arrests and convictions, Official 
correspondence (includes internal Marine Corps and Department of the 
Navy correspondence, as well as correspondence with the Executive and 
Legislative branches of the federal government) and other 
correspondence (includes correspondence from Marines, their dependents 
and families, attorneys, doctors, educators, clergymen and members of 
the general public whether addressed directly to the Marine Corps or 
via third parties (president, congressmen, etc.)).''

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Delete entry and replace with ``10 U.S.C. 5014, Secretary of the 
Navy; 10 U.S.C. 5041; Headquarters, Marine Corps; 10 U.S.C. 5020, Naval 
Inspector General: details; duties; SECNAVINST 5430.57G, Mission and 
Functions of the Naval Inspector General, December 29, 2005; MCO 5430.1 
Marine Corps Inspector General Program; November 13, 2006 and E.O. 9397 
(SSN).''

PURPOSE(S):
    Delete entry and replace with ``To determine the facts and 
circumstances surrounding allegations or complaints against Department 
of the Navy personnel and/or Navy/Marine Corps activities.
    To present findings, conclusions and recommendations developed from 
investigations and other inquiries to the Secretary of the Navy, Chief 
of Naval Operations, Commandant of the Marine Corps, or other 
appropriate Commanders.''
* * * * *

STORAGE:
    Delete entry and replace with ``File folders and electronic storage 
media.''

RETRIEVABILITY:
    Delete entry and replace with ``By subject's or complainant's name; 
case name and other case fields.''

SAFEGUARDS:
    Delete entry and replace with ``Building where files are stored and 
maintained employs 24 hour security guards. Records are further stored 
in areas of controlled access and handled by personnel with a need-to-
know in the execution of their official duties. Additionally, access to 
electronic records is restricted only by authorized persons who are 
properly screened. This system is password and/or System software uses 
Primary Key Infrastructure (PKI)/Common Access Card (CAC) protected. 
Based on user profiles, there are different levels of access. Full 
access to information maintained in the database is available only to 
authorized Agency personnel with established official need-to-know. 
Records are maintained in secure, limited access, or monitored work 
areas accessible only to authorized personnel.''

RETENTION AND DISPOSAL:
    Delete and replace with ``Destroy when six years old and shred 
beyond recognition, as required by current Marine Corps personally 
identifiable information disposal procedures.''
* * * * *

NOTIFICATION PROCEDURE:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in this system should 
address written inquiries to the Commandant of the Marine Corps (Code 
IGA), Headquarters, U.S. Marine Corps, Washington, DC 20380-1775.
    Written requests for information should contain the full name of 
the individual and Social Security Number (SSN) or former military 
service number. The following information will also be helpful in 
locating some records; military rank and occupational specialty, dates 
and places of service, and any special correspondence previously 
received or sent.''

RECORD ACCESS PROCEDURES:
    Delete entry and replace with ``Individuals seeking access to

[[Page 7409]]

information about themselves contained in this system should address 
written inquiries to the Commandant of the Marine Corps (Code IGA), 
Headquarters, U.S. Marine Corps, Washington, DC 20380-1775. However, 
final determination as to whether any information will be released or 
made available will be controlled by the system manager.
    Written requests for information should contain the full name of 
the individual and Social Security Number or former military service 
number. The following information will also be helpful in locating some 
records; military rank and occupational specialty, dates and places of 
service, and any special correspondence previously received or sent.''

CONTESTING RECORD PROCEDURES:
    Delete entry and replace with ``The USMC rules for contesting 
contents and appealing initial agency determinations are published in 
Secretary of the Navy Instruction 5211.5E; 32 CFR part 701; or may be 
obtained from the system manager.''
* * * * *
M05040-1

SYSTEM NAME:
    Working Files, Inspection Division.

SYSTEM LOCATION:
    Headquarters, U.S. Marine Corps, Washington, DC 20380-1775.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Members of the U.S. Marine Corps and Marine Corps Reserve; former 
members of the Marine Corps and Marine Corps Reserve; retired and 
temporarily retired members of the Marine Corps and Marine Corps 
Reserve; and members of the Fleet Marine Corps Reserve; military 
personnel. Dependents of Marines and other family members with respect 
to matters pertaining to the individual Marine or former Marine.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Individual's name, Social Security Number (SSN), case number, 
former military number, rank, dates and places of service, file also 
contains information pertaining to identification, recruitment, 
enlistment, prior service, assignment, location addresses, promotions, 
reductions in rank, performance of duty, discipline, offenses and 
punishments under the Uniform Code of Military Justice, courts-martial, 
personal history, investigations, police and court records, civil 
arrests and convictions, Official correspondence (includes internal 
Marine Corps and Department of the Navy correspondence, as well as 
correspondence with the Executive and Legislative branches of the 
federal government) and other correspondence (includes correspondence 
from Marines, their dependents and families, attorneys, doctors, 
educators, clergymen and members of the general public whether 
addressed directly to the Marine Corps or via third parties (president, 
congressmen, etc.)).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    10 U.S.C. 5014, Secretary of the Navy; 10 U.S.C. 5041; 
Headquarters, Marine Corps; 10 U.S.C. 5020, Naval Inspector General: 
details; duties; SECNAVINST 5430.57G, Mission and Functions of the 
Naval Inspector General, December 29, 2005; MCO 5430.1 Marine Corps 
Inspector General Program; November 13, 2006 and E.O. 9397 (SSN).

PURPOSE(S):
    To determine the facts and circumstances surrounding allegations or 
complaints against Department of the Navy personnel and/or Navy/Marine 
Corps activities.
    To present findings, conclusions and recommendations developed from 
investigations and other inquiries to the Secretary of the Navy, Chief 
of Naval Operations, Commandant of the Marine Corps, or other 
appropriate Commanders.

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:
    The `Blanket Routine Uses' that appear at the beginning of the 
Marine Corps compilation apply to this system.
    Congress of the U.S.--By the Senate or the House of Representatives 
of the U.S. or any committee or subcommittee thereof on matters within 
their jurisdiction requiring disclosure of the files of the system.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    File folders and electronic storage media.

RETRIEVABILITY:
    By subject's or complainant's name; case name and other case 
fields.

SAFEGUARDS:
    Building where files are stored and maintained employs 24 hour 
security guards. Records are further stored in areas of controlled 
access and handled by personnel with a need-to-know in the execution of 
their official duties. Additionally, access to electronic records is 
restricted only by authorized persons who are properly screened. This 
system is password and/or System software uses Primary Key 
Infrastructure (PKI)/Common Access Card (CAC) protected. Based on user 
profiles, there are different levels of access. Full access to 
information maintained in the database is available only to authorized 
Agency personnel with established official need-to-know. Records are 
maintained in secure, limited access, or monitored work areas 
accessible only to authorized personnel.

RETENTION AND DISPOSAL:
    Destroy when six years old and shred beyond recognition, as 
required by current Marine Corps personally identifiable information 
disposal procedures.

SYSTEM MANAGER(S) AND ADDRESS:
    The Commandant of the Marine Corps, Headquarters, U.S. Marine 
Corps, Washington, DC 20380-1775.

NOTIFICATION PROCEDURE:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the Commandant of the Marine Corps (Code IGA), Headquarters, U.S. 
Marine Corps, Washington, DC 20380-1775.
    Written requests for information should contain the full name of 
the individual and Social Security Number (SSN) or former military 
service number. The following information will also be helpful in 
locating some records; military rank and occupational specialty, dates 
and places of service, and any special correspondence previously 
received or sent.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the 
Commandant of the Marine Corps (Code IGA), Headquarters, U.S. Marine 
Corps, Washington, DC 20380-1775. However, final determination as to 
whether any information will be released or made available will be 
controlled by the system manager.
    Written requests for information should contain the full name of 
the individual and Social Security Number

[[Page 7410]]

or former military service number. The following information will also 
be helpful in locating some records; military rank and occupational 
specialty, dates and places of service, and any special correspondence 
previously received or sent.

CONTESTING RECORD PROCEDURES:
    The USMC rules for contesting contents and appealing initial agency 
determinations are published in Secretary of the Navy Instruction 
5211.5E; 32 CFR part 701; or may be obtained from the system manager.

RECORD SOURCE CATEGORIES:
    Information in the system is obtained from the Marine Corps 
Manpower Management System; the Joint Uniform Military Pay System; 
Marine Corps Military Personnel Records to include the Service Record 
Book and Officer Qualification Record; Military Medical Records; Staff 
elements and subdivisions of Headquarters, U.S. Marine Corps; Marine 
Corps field commands, organizations and activities; other components of 
the Department of Defense; Agencies of Federal, State and local 
government; private citizens provided as character references by the 
individual; investigations related to disciplinary proceedings; and 
correspondence of private citizens addressed directly to the Marine 
Corps or via third parties such as members of Congress and other 
government agencies.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. E9-3371 Filed 2-13-09; 8:45 am]
BILLING CODE 5001-06-P