Privacy Act of 1974; System of Records, 45914-45916 [2013-18186]

Agencies

• DEPARTMENT OF DEFENSE
• Department of the Army

[Federal Register Volume 78, Number 146 (Tuesday, July 30, 2013)]
[Notices]
[Pages 45914-45916]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18186]


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DEPARTMENT OF DEFENSE

Department of the Army

[Docket ID USA-2013-0022]


Privacy Act of 1974; System of Records

AGENCY: Department of the Army, DoD.

ACTION: Notice to alter a System of Records.

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SUMMARY: The Department of the Army proposes to alter a system of 
records notice, A0600-8-104 AHRC, ``Army Personnel System (APS)'' in 
its existing inventory of records systems subject to the Privacy Act of 
1974, (5 U.S.C. 552a (r)), as amended. This system will manage the 
member's Army Service effectively, document historically the member's 
military service, and safeguard the rights of the member and the Army.

DATES: This proposed action will be effective on August 30, 2013 unless 
comments are received which result in a contrary determination. 
Comments will be accepted on or before August 29, 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. Leroy Jones, Department of the 
Army, Privacy Office, U.S. Army Records Management and Declassification 
Agency, 7701 Telegraph Road, Casey Building, Suite 144, Alexandria, VA 
22325-3905 or by calling (703) 428-6185.

SUPPLEMENTARY INFORMATION: The Department of the Army'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 or from 
the Defense Privacy and Civil Liberties Office Web site at https://dpclo.defense.gov/privacy/SORNs/component/army/.
    The proposed systems reports, as required by 5 U.S.C. 552a(r) of 
the Privacy Act, as amended were submitted on July 2, 2013, 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: July 24, 2013.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0600-8-104 AHRC

System name:
    Military Personnel Records Jacket Files (MPRJ) (January 6, 2004, 69 
FR 790).
* * * * *

Changes:
System name:
    Delete entry and replace with ``Army Personnel System (APS).''

System location:
    Delete entry and replace with ``U.S. Army Human Resources Command, 
1600 Spearhead Division Avenue, Fort Knox, KY 40122-5500.''

Categories of individuals covered by the system:
    Delete entry and replace with ``Current and former members of the 
U.S. Army (including Active and Reserve Components), DoD civilians, 
military dependents, and members of the general public.''

Categories of records in the system:
    Delete entry and replace with ``IDENTIFICATION DATA: Name, other 
names used, name change, Social Security Number (SSN), DoD ID Number, 
driver's license number, other ID number, citizenship, legal status, 
gender/sex, race/ethnicity, ethnic group code, birth date, place of 
birth, state of birth, country of birth, religious preference, birth 
certificate, citizenship statement and status, demographics, U.S. field 
medical card.
    CONTACT INFORMATION: Personal cell telephone number, home telephone 
number, personal email address, mailing/home address, emergency 
contact, emergency data, Army Knowledge Online (AKO) email address, 
network login, personal network ID, daytime telephone number, home of 
record address, geographic location abbreviation, work fax number, work 
telephone number.
    MILITARY PERSONNEL INFORMATION: Military records, acknowledgements 
of service requirements, active duty report, appellate actions for 10 
U.S.C. 815,

[[Page 45915]]

application for appointment, application for correction of military 
records, appointments, AKO login, assignment information agreements, 
elections, history, travel, waivers, awards, Absent Without Leave and 
desertion records, base pay, basic active service date, benefit data, 
board results, branch, career field designation date, career guidance, 
casualty line of duty report, certificate of release or discharge from 
active duty, commissioned service start date, commissioning source, 
conscientious objector summary sheets review, current organization, 
current position and tour information, dates (entry on active duty, 
mandatory removal retention expiration, previous rank, rank), 
declaration of parent/guardian, deferment, designations, determinations 
of moral eligibility, discharge or separation reviews, duty address 
(mailing address, city, state, nine digit zip code), duty command of 
assignment, duty station, effective date of duty assignment, efficiency 
appeals, election of options, employment assistance information, 
enlistment (contract, extensions, statements), evaluations, expiration 
of term of service, field/application for active duty, flight status 
board reviews, grade, grade reserve, inactive status date, incentive 
data, investigation status, language/foreign language qualifications, 
legal information, length of service, limitations, line of duty and 
misconduct determinations, location history, major command, mandatory 
removal date, Military Occupational Specialty (duty, primary and/or 
secondary, skill level), military service obligation statutory 
expiration date, military training data, miscellaneous correspondence, 
documents and orders relating to military service, mobilization 
information, mobilization status, oath of enlistment, office location, 
office symbol, Official Military Personnel File documents, order date, 
order number, pay data, pay entry base date, pay grade, pay grade at 
retirement, photograph/DA photo, physical evaluation board proceedings, 
pre-induction processing and commissioning data, projected separation 
date, promotion data (eligibility date, notifications, pass-over 
notifications, recommendations, approvals, declinations, 
reconsiderations, reduction), qualification record, rank, 
recommendations for awards, regular Army appointment date, Reserve 
programs, retirement data (date, eligibility date, order numbers, 
points), security clearance (clearance, date, personal security 
investigation completion date, questionnaire, status, requirements), 
separation date, service code, Social Security Administration 
correspondence, statement of service, status award code, status change 
date, Survivor Benefit Plan information, term of service, tour end 
date, tour start date, transcripts of military records, transfer or 
discharge report, transfers, U.S. Army unit number, unit name, 
veterans' services, voluntary reduction, volunteer status, waiver of 
disqualifications.
    DEPENDENT/FAMILY DATA: Mother's maiden name, mother's middle name, 
marital status, date of marriage, spouse information (citizenship, 
country of birth, date of birth, date of death, SSN, state of birth), 
child information, child SSN, family members' names, family members' 
dates of birth, miscellaneous correspondence pertaining to dependents.
    FINANCIAL INFORMATION: Bank account number, financial institution.
    MEDICAL INFORMATION: Medical records, applications for review by 
physical evaluation and disability boards, date of last physical 
examination, disability information, HIV test date, medical 
examination, and temporary disability record.
    LAW ENFORCEMENT INFORMATION: Consent for police record checks, FBI 
reports.
    EMPLOYMENT INFORMATION: Application for employment, civilian 
employer (company, job title, position, start date, supervisor 
information, work address, work telephone).
    EDUCATION INFORMATION: Civilian education (certifications, degree 
code, education code, degree, major, transcripts, university, military 
education (records, code, courses).''

Authority for maintenance of the system:
    Delete entry and replace with ``5 U.S.C. 301, Departmental 
Regulations, 10 U.S.C. Sections 12731, Age and Service Requirements; 
1413a, Combat-related special compensation, 1477, Death gratuity: 
Eligible survivors; 3013, Secretary of the Army; 612-646, Promotion, 
Separation, and Involuntary Retirement of Officers on the Active Duty 
List, Chapter 55, Medical and Dental Care, Chapter 61, Retirement or 
Separation for Physical Disability, and Subtitle E, Parts I-IV, Reserve 
Components; 37 U.S.C. 1006, Pay and Allowances; 42 U.S.C. 10606, The 
Public Health and Welfare; 44 U.S.C. Chapters 29, Records Management by 
the Archivist of the United States and by the Administrator of General 
Services, chapter 31, Records Management by Federal Agencies and 
chapter 33, Disposal of Records, 44 U.S.C. 3101-3102 and 3501, Public 
Printing and Documents; Public Law 93-3097; Section 636, National 
Defense Authorization Act; DODD 1030.1, Victim and Witness Assistance; 
DODD 1200.7, Screening the Ready Reserve; DODD 1235.10, Activation, 
Mobilization, and Demobilization of the Ready Reserve; DODD 1310.1, 
Rank and Seniority of Commissioned Officers; DODD 1332.18, Separation 
or Retirement for Physical Disability; DODI 1300.19, Joint Officer 
Management Program; DODI 1300.20, DOD Joint Officer Management Program 
Procedures; DODI 1320.4, Military Officer Actions Requiring Approval of 
the Secretary of Defense or the President, or Confirmation by the 
Senate; DODI 1320.12, Commissioned Officer Promotion Program; DODI 
1320.14, Commissioned Officer Promotion Program Procedures; Under 
Secretary of Defense Memo, General and Flag Officer Boards--Adverse 
Information of a Credible Nature; DODI 1336.08, DODI 1336.08, Military 
Human Resource Records Life Cycle Management, AR 25-1, Army Knowledge 
Management and Information Technology; AR 25-400-2, ARIMS; AR 40-3, 
Medical, Dental, and Veterinary Care; AR 40-407, Nursing Records and 
Reports; AR 135-133, Ready Reserve Screening, Qualification Records 
System and Change of Address Reports; AR 135-155, Promotion of 
Commissioned Officers and Warrant Officers Other Than General Officers; 
AR 140-1, Army Reserve Mission, Organization, and Training; AR-140-9, 
Entry On Active Duty or Active Duty for Training (ROTC Officers); AR 
140-10, Assignments, Attachments, Details, and Transfers; AR 140-30, 
Active Duty in Support of the USAR and AGR Management Program; AR 149-
50, Officer Candidate School, Army Reserve; AR 140-111, U.S. Army 
Reserve Reenlistment Program; AR 140-145, IMA Program; AR 140-185, 
Training and Retirement Point Credits and Unit Level Strength; AR 140-
315, Employment and Utilization of U.S. Army Reserve Military 
Technicians; AR 380-381, Special Access Programs; AR 600-8-6, Personnel 
Accounting and Strength Reporting; AR 600-8-19, Enlisted Promotions and 
Reductions; AR 600-8-29, Officer Promotions; AR 600-8-104, Army 
Military Human Resource Records Management; AR 600-8-111, Wartime 
Replacement Operations; AR 600-18, The Family Advocacy Program; AR 623-
3, Evaluation Reporting System; AR 635-40, Physical Evaluation for 
Retention, Retirement or Separation; AR 640-30, Photographs for 
Military Personnel Files; AR 690-200, General Personnel

[[Page 45916]]

Provisions; DA Pamphlet 600-81, Information Handbook for Operating 
CONUS Replacement Centers and Individual Deployment Sites; DA Memo 600-
2, Policies and Procedures for Active Duty List Officer Selection 
Boards; and DA G-1 Memo, Personnel Suitability Screening Policy 
(Enlisted and Officer), Army Directive 2013-06, Providing Specific Law 
Enforcement Information to Commanders of Newly Assigned Soldiers, and 
E.O. 9397 (SSN), as amended.''

Purpose:
    Delete entry and replace with ``Personnel records are created and 
maintained to manage the member's Army Service effectively, document 
historically the member's military service, and safeguard the rights of 
the member and the Army.
    The APS will transfer Soldiers' names, ranks, SSNs, and assignment 
data (both historic and pending) electronically from the Integrated 
Total Army Personnel Data Base (ITAPDB) to the Centralized Operations 
Police Suite (COPS) system of the Office of the Provost Marshal General 
(OPMG) monthly for the purpose of assisting OPMG in providing 
commanders criminal history of Soldiers incoming to their commands.''

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. Section 552a(b) of the Privacy Act 
of 1974, as amended, these records contained therein may specifically 
be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 
Section 552a(b)(3) as follows:
    The DoD Blanket Routine Uses set forth at the beginning of the 
Army's compilation of systems of records notices may apply to this 
system.

    Note: This system of records contains individually indentifiable 
health informaton. 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.

* * * * *

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

Safeguards:
    Delete entry and replace with ``Buildings and/or rooms employ 
alarms, security guards, and are security-controlled areas accessible 
only to authorized persons. Hard copy records are maintained in General 
Service Administration approved security containers, and records in the 
U.S. Army Investigative Records Repository are stored in security-
controlled areas accessible only to authorized persons. Electronically 
and optically stored records are maintained in ``fail-safe'' system 
software with password-protected access. Records are accessible only to 
authorized persons with a need-to-know who are properly screened, 
cleared, and trained.''

Retention and disposal:
    Delete entry and replace with ``Soldiers records are offered to the 
National Archives 75 years after individual's final separation. The 
National Archives, after consultation with the Department of the Army, 
genealogists, historians, social scientists, and other interested 
parties, will then determine the disposition of the records based on 
any continuing administrative needs and their archival value. Records, 
if any, not selected for permanent retention by the Archives will be 
disposed of.''

System manager(s) and address:
    Delete entry and replace with ``Commander, U.S. Army Human 
Resources Command, 1600 Spearhead Division Avenue, Fort Knox, KY 40122-
5500.''

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine if 
information about themselves is contained in this system should address 
written inquiries to the commander of the organization to which the 
service member is assigned. For retired and non-unit reserve personnel, 
information may be obtained from the U.S. Army Human Resources Command, 
1600 Spearhead Division Avenue, Fort Knox, KY 40122-5500; for 
discharged and deceased personnel information contact the National 
Personnel Records Center, 1 Archives Drive, St. Louis, MO 63138-1002.
    Individual should provide the full name, SSN, current address and 
telephone number, and 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)' ''

Record access procedures:
    Delete entry and replace with ``Individuals seeking access to 
records about themselves contained in this system should address 
written inquiries to the commander of the organization to which the 
service member is assigned. For retired and non-unit reserve personnel, 
information may be obtained from the U.S. Army Human Resources Command, 
1600 Spearhead Division Avenue, Fort Knox, KY 40122-5500; for 
discharged and deceased personnel information contact the National 
Personnel Records Center, 1 Archives Drive, St. Louis, MO 63138-1002.
    Individual should provide the full name, SSN, current address and 
telephone number, and 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 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)' ''
* * * * *
[FR Doc. 2013-18186 Filed 7-29-13; 8:45 am]
BILLING CODE 5001-06-P