Privacy Act of 1974; System of Records, 14288-14290 [2013-05053]

Agencies

• DEPARTMENT OF DEFENSE
• Department of the Air Force

[Federal Register Volume 78, Number 43 (Tuesday, March 5, 2013)]
[Notices]
[Pages 14288-14290]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05053]


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DEPARTMENT OF DEFENSE

Department of the Air Force

[Docket ID USAF-2013-0016]


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 proposes 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: This proposed action will be effective on April 5, 2013 unless 
comments are received which result in a contrary determination. 
Comments will be accepted on or before April 4, 2013.

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, 4800 Mark Center 
Drive East Tower, 2nd Floor, Suite 02G09, Alexandria, VA 22350-3100.
    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, 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, or by phone at 
(571) 256-2515.

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 address in FOR FURTHER INFORMATION CONTACT.
    The proposed systems reports, as required by 5 U.S.C. 552a(r) of 
the Privacy Act, as amended were submitted on February 25, 2013, to the 
House Committee on Oversight and Government Reform, the Senate

[[Page 14289]]

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: February 28, 2013.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
F036 AFPC E

System Name:
    Disability Retirement Records (June 11, 1997, 62 FR 31793).
* * * * *

Changes:
* * * * *

System name:
    Delete entry and replace with ``Temporary Disability Retirement 
List (TDRL) Case Files.''

System location:
    Delete entry and replace with ``Headquarters Air Force Personnel 
Center (HQ AFPC), 550 C Street W, Suite 6, Randolph Air Force Base, TX 
78150-4708.''

Categories of individuals covered by the system:
    Delete entry and replace with ``Air Force Active Duty, Reserve, and 
Air National Guard personnel who are placed on the Temporary Disability 
Retirement List.''

Categories of records in the system:
    Delete entry and replace with ``Name; Social Security Number (SSN); 
Department of Defense Identification number (DoD ID); date of 
separation; percentage of disability; Department of Veterans Affairs 
Condition Codes; disposition of the Physical Examination Board (PEB) 
(i.e., return to duty, permanent retirement, temporary retirement 
discharge with benefits, discharge without benefits, unfitting 
condition); combat relation of condition; date of birth; retirement 
processing records; separation processing records; medical evaluation 
board reports; physical evaluation board findings; medical reports from 
Department of Veterans Affairs and civilian medical facilities; 
appellate actions and reviews taken in the case; correspondence from 
and to the member; members of Congress; attorneys and other interested 
parties; and documents concerning the appointment of trustees for 
mentally incompetent service members.''

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. Chapter 61, Retirement or Separation for Physical 
Disability; Department of Defense Directive (DoDD) 1332.18, Separation 
or Retirement for Physical Disability; DoD Instruction (DoDI) 1332.38, 
Physical Disability Evaluation; Air Force Policy Directive (AFPD) 36-
32, Military Retirements and Separations; and Air Force Instruction 
(AFI) 36-3212, Physical Evaluation for Retention, Retirement and 
Separation; and E.O. 9397 (SSN), as amended.''

Purpose(s):
    Delete entry and replace with ``To maintain oversight of Air Force 
personnel placed on the Temporary Disability Retirement List (TDRL). 
Individuals remain on the TDRL until reevaluation and removal 
(discharged, permanently retired, or found fit for duty) or for five 
years, whichever comes first. The TDRL serves as a safeguard for both 
the member and the Air Force by delaying permanent disposition for 
those members whose conditions could improve or get worse, or where the 
ultimate disposition could change within a reasonable period of time. 
Records may also be used to respond to official inquiries concerning 
the disability evaluation proceedings of individuals.''

Routine uses of records maintained in the system, including categories 
of users and the purpose 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, 
as amended, 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:
    To the Department of Veterans Affairs in the performance of their 
duties relating to processing and adjudicating claims, benefits, and 
medical care.
    The DoD Blanket Routine Uses published at the beginning of the Air 
Force's compilation of systems of records notices may apply to this 
system.

    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, as amended, or mentioned in 
this system of records notice.

''* * * * *

Storage:
    Delete entry and replace with ``Paper records and/or electronic 
storage media.''

Retrievability:
    Delete entry and replace with ``Name, SSN and/or DoD ID number.''

Safeguards:
    Delete entry and replace with ``Records are accessed by the program 
manager or by person(s) responsible for servicing the record system in 
performance of their official duties that are properly screened and 
cleared for need-to-know. Paper records are stored in secured file 
cabinets in a locked building with controlled access entry 
requirements. System software uses Primary Key Infrastructure (PKI)/
Common Access Card (CAC) authentication to lock out unauthorized 
access. Access to the building is controlled by Security Access Card.''

Retention and disposal:
    Delete entry and replace with ``Temporary paper and electronic 
records are retained for 30 days after individual is removed from the 
Temporary Disability Retirement List. Documents designated as permanent 
remain in the military personnel records system permanently and are 
retired with the master personnel record group. Paper records are 
destroyed by tearing into pieces, shredding, pulping, macerating or 
burning. Electronic records are destroyed by erasing, deleting, or 
overwriting.''

System manager(s) and address:
    Delete entry and replace with ``Assistant Deputy Chief of Staff for 
Personnel, Headquarters Air Force Personnel Center, Air Force 
Disability Division (HQ AFPC/DPFD), 550 C Street W, Suite 6, Randolph 
AFB TX 78150-4708.''

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether this system of records contains information on themselves 
should address written inquiries to the Assistant Deputy Chief of Staff 
for Personnel, Headquarters Air Force Personnel Center, Air Force 
Disability Division (HQ AFPC/DPFD), 550 C Street W, Suite 6, Randolph 
AFB TX 78150-4708.
    For verification purposes, individual should provide their full 
name, SSN and/or DoD ID Number, any details which may assist in 
locating records, and their signature.
    In addition, the requester must provide a notarized statement or an

[[Page 14290]]

unsworn declaration made in accordance with 28 U.S.C. 1746, in the 
following format:
    If executed outside the United States: `I declare (or certify, 
verify, or state) under penalty of perjury under the laws of the United 
State 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)'.''

Record access procedures:
    Delete entry and replace with ``Individuals seeking to access 
records about themselves contained in this system should address 
written requests to the Assistant Deputy Chief of Staff for Personnel, 
Headquarters Air Force Personnel Center, Air Force Disability Division 
(HQ AFPC/DPFD), 550 C Street W, Suite 6, Randolph AFB TX 78150-4708.
    For verification purposes, individuals should provide their full 
name, SSN and/or DoD ID Number, any details which may assist in 
locating records, and their signature.
    In addition, the requester must provide a notarized statement or an 
unsworn declaration made in accordance with 28 U.S.C. 1746, in the 
following format:
    If executed outside the United States: `I declare (or certify, 
verify, or state) under penalty of perjury under the laws of the United 
State 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:
    Delete entry and replace with ``The Air Force rules for accessing 
records, contesting contents, and appealing initial agency 
determinations are published in Air Force Instruction 33-332, Air Force 
Privacy Program; 32 CFR part 806b; or may be obtained from the system 
manager.''

Record source categories:
    Delete entry and replace with ``Military Personnel Data System 
(MilPDS); correspondence and forms generated in Air Force Disability 
Division (AF Form 356, Report of Findings of the Physical Evaluation 
Board; AF form 1180, Action of Physical Evaluation Board Findings and 
Recommended Disposition); medical treatment facilities (military, 
civilian, and Department of Veteran's Affairs); Department of Veterans 
Affairs Rating Boards; Department of Veterans Affairs Compensation and 
Pension Exams; servicing Military Personnel Section; Air Force 
Personnel Center Commander; individual whom the record pertains to; 
individual's commander; Judge Advocate General (JAG) officials; Defense 
Finance and Accounting Services officials; members of Congress, 
attorneys; and other interested parties.''
* * * * *
[FR Doc. 2013-05053 Filed 3-4-13; 8:45 am]
BILLING CODE 5001-06-P