Privacy Act of 1974; System of Records, 42720-42722 [2010-17962]

Agencies

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

[Federal Register Volume 75, Number 140 (Thursday, July 22, 2010)]
[Notices]
[Pages 42720-42722]
From the Federal Register Online via the Government Printing 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: https://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 https://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]
BILLING CODE 5001-06-P