Privacy Act of 1974; System of Records, 12082-12084 [2011-4926]

Agencies

• DEPARTMENT OF DEFENSE
• Department of the Air Force

[Federal Register Volume 76, Number 43 (Friday, March 4, 2011)]
[Notices]
[Pages 12082-12084]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4926]


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DEPARTMENT OF DEFENSE

Department of the Air Force

[Docket ID USAF-2011-0007]


Privacy Act of 1974; System of Records

AGENCY: Department of the Air Force, DoD.

ACTION: Notice To Add a System of Records.

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SUMMARY: The Department of the Air Force proposes to add 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: This proposed action will be effective without further notice on 
April 4, 2011 unless comments are received which result in a contrary 
determination.

ADDRESSES: You may submit comments, identified by docket number and/RIN 
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, OSD Mailroom 3C843, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory

[[Page 12083]]

Information Number (RIN) 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, 
or Department of the Air Force Privacy Office, Air Force Privacy Act 
Office, Office of Warfighting Integration and Chief Information 
Officer, Attn: SAF/CIO A6, 1800 Air Force Pentagon, Washington, DC 
20330-1800.

SUPPLEMENTARY INFORMATION: The Department of the Air Force's notices 
for systems of records 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 FOR FURTHER INFORMATION CONTACT address above.
    The proposed systems reports, as required by 5 U.S.C. 552a(r) of 
the Privacy Act of 1974, were submitted on February 25, 2011, 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 (OMB) pursuant to paragraph 4c of Appendix I 
to OMB Circular No. A-130, ``Federal Agency Responsibilities for 
Maintaining Records About Individuals,'' dated February 8, 1996, 
(February 20, 1996, 61 FR 6427).

    Dated: March 1, 2011.
Morgan F. Park,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
F001 MRB A DoD

System Name:
    Physical Disability Board of Review (PDBR) Records

System Location:
    Physical Disability Board of Review, Air Force Review Boards 
Agency, Assistant Secretary of the Air Force, Manpower and Reserve 
Affairs, 1421 Jefferson Davis Highway, Suite 820, Arlington, VA 22202-
3290.

Categories of individuals covered by the system:
    Air Force, Army, Navy, Marine Corps, and Coast Guard veterans who 
have made application to appeal their Department of Defense physical 
disability rating(s).

Categories of records in the system:
    Individual names, Social Security Number (SSN), address, prior 
military department affiliation, phone number, military service 
treatment records, Department of Veteran Affairs medical records, 
civilian medical records, legal counsel representation, and individual 
correspondence.

Authority for maintenance of the system:
    10 U.S.C. 3013, Secretary of the Army; 10 U.S.C. 5014, Secretary of 
the Navy; 10 U.S.C. 8013, Secretary of the Air Force; 10 U.S.C. 5043, 
Commandant of the Marine Corps; U.S.C. 93, Commandant of the Coast 
Guard; DoDI 6040.44, Lead DoD Component for the Physical Disability 
Board of Review; and E.O. 9397 (SSN), as amended.

Purpose:
    Information is used to justify a fair and accurate reassessment of 
a veteran's Department of Defense Physical Evaluation Board 
determination. Records provide all the necessary medical information to 
properly re-evaluate the military department's board determination and 
rating schedule.

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 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:
    The DoD `Blanket Routine Uses' published at the beginning of the 
Air Force's compilation of record system notices apply to this system.
    To the United States Coast Guard to assist them in the review of 
recommendations on physical disability ratings. By having this access, 
they can review and validate the findings.
    To the Department of Veterans Affairs (DVA) for the purpose of 
reviewing and determining physical disability ratings.
    To individual legal counsel or representatives to assist them in 
the defense of their client.

    Note:  This system of records contains individually identifiable 
health information. The DoD Health Information Privacy Regulation 
(DoD 6025.18-R) issued pursuant to the Health Insurance Portability 
and Accountability Act of 1996, applies to most such health 
information. DoD 6025.18-R may place additional procedural 
requirements on the uses and disclosures of such information beyond 
those found in the Privacy Act of 1974 or mentioned in this system 
of records notice.

Policy and practices for storing, retrieving, accessing, retaining, and 
disposing of records in the system:
Storage:
    Paper records in file folders or electronic storage media.

Retrievability:
    By individual's name and/or Social Security Number (SSN).

Safeguards:
    Records are accessed by properly screened and cleared personnel 
with a need-to-know. Physical records are stored in a secured room. 
Electronic media is protected by appropriate hardware and software 
applications. Access authentication is validated through use of 
Computer Access Cards via user name and password protocols.

Retention and disposal:
    Paper records: Destroy after electronic recordkeeping copy has been 
created and filed or when no longer needed for revision, dissemination, 
or reference, whichever is later, by pulping, shredding or burning.
    Electronic systems that replace temporary hardcopy records: Destroy 
on expiration of the retention period previously approved for the 
corresponding hardcopy records.
    Electronic systems that supplement temporary hardcopy records where 
the hardcopy records are retained to meet recordkeeping requirements: 
Destroy when the agency determines that electronic records are 
superseded, obsolete, or no longer needed for administrative, legal, 
audit, or other operational purposes.
    Electronic records are destroyed by erasing, deleting, or 
overwriting.

System manager and address:
    Physical Disability Board of Review, Air Force Review Boards 
Agency, Assistant Secretary of the Air Force, Manpower and Reserve 
Affairs, 1421 Jefferson Davis Highway, Suite 820, Arlington, VA 22202-
3290.

Notification Procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should address 
written inquiries to the Physical Disability Board of Review, Air Force 
Review Boards Agency, 1421 Jefferson Davis Highway, Suite 820, 
Arlington, VA 22202-3290.
    The requester must include the full name, military status, SSN, 
date of birth, and copy of proof of identify, such as a driver's 
license.

Record Access Procedure:
    Individuals seeking access to information about themselves in this

[[Page 12084]]

system of records should address written inquiries to the Physical 
Disability Board of Review, Air Force Review Boards Agency, 1421 
Jefferson Davis Highway, Suite 820, Arlington, VA 22202-3290.
    The requester must include the full name, military status, SSN, 
date of birth and copy of proof of identify, such as a driver's 
license.
    In addition, the requestor must provide a notarized statement or an 
unsworn declaration made in accordance with 28 U.S.C 1746:
    If executed outside the United States:
    ``I declare (or certify, verify, or state) under penalty of perjury 
under the laws of the United States of America that the foregoing is 
true and correct. Executed on (date). (Signature)''.
    If executed within the United States, its territories, possessions, 
or commonwealths:
    ``I declare (or certify, verify, or state) under penalty of perjury 
that the foregoing is true and correct. Executed on (date). 
(Signature)''.

Contesting record procedures:
    Air Force's rules for accessing records, and for contesting 
contents and appealing initial agency determinations are published in 
Secretary of the Air Force Instruction 33-332; 32 CFR part 806; or may 
be obtained from the system manager.

Record source categories:
    Information is provided by the applicant, medical providers, 
military departments Physical Evaluation Boards, and Department of 
Veteran Affairs service treatment record providers.

Exemptions claimed for the system:
    None.
[FR Doc. 2011-4926 Filed 3-3-11; 8:45 am]
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