Privacy Act of 1974; Department of Homeland Security/ALL-036 Board for Correction of Military Records System of Records, 60888-60890 [2013-23991]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• Office of the Secretary

[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Notices]
[Pages 60888-60890]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23991]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2013-0063]


Privacy Act of 1974; Department of Homeland Security/ALL-036 
Board for Correction of Military Records System of Records

AGENCY: Department of Homeland Security, Privacy Office.

ACTION: Notice of Privacy Act System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security proposes to update, reissue, and combine two legacy 
system of records notices titled, ``Department of Transportation/Office 
of the Secretary of Transportation--004 Board for Correction of 
Military Records (BCMR) System of Records'' and ``Department of 
Transportation/Office of the Secretary of Transportation--059 Files of 
the Board for Correction of Military Records, BCMR, for the Coast Guard 
System of Records.'' This updated system of records allows the 
Department of Homeland Security to collect and maintain records 
submitted by individuals who have filed applications for relief before 
the Board for Correction of Military Records (BCMR), records used by 
the Chair, the BCMR staff, the Board, and, in some cases, the General 
Counsel in determining whether to grant relief to applicants, and the 
final decisions or documentation of other actions taken in individual 
BCMR cases. Additionally, this notice includes non-substantive changes 
to simplify the formatting and text of the previously published 
notices. This newly updated system will be included in the Department 
of Homeland Security's inventory of record systems.

DATES: Submit comments on or before November 1, 2013. This updated 
system will be effective November 1, 2013.

ADDRESSES: You may submit comments, identified by docket number DHS-
2013-0063 by one of the following methods:
     Federal e-Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-343-4010.
     Mail: Jonathan R. Cantor, Acting Chief Privacy Officer, 
Privacy Office, Department of Homeland Security, Washington, DC 20528.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. All comments received will be 
posted without change to https://www.regulations.gov, including any 
personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, please visit https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general and privacy questions, 
please contact: Jonathan R. Cantor, (202) 343-1717, Acting Chief 
Privacy Officer, Privacy Office, Department of Homeland Security, 
Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security (DHS) proposes to update, combine, and 
reissue the following legacy record systems: Department of 
Transportation (DOT)/Office of the Secretary of Transportation (OST) 
004 Board for Correction of Military Records (BCMR) System of Records, 
65 FR 19551--(April 11, 2000); and DOT/OST 059--Files for the Board for 
Correction of Military Records System, BCMR, for the Coast Guard, 65 FR 
19557 (April 11, 2000) as a new Department of Homeland Security system 
of records notice titled, DHS/ALL--036 Board for Correction of Military 
Records System of Records. This new SORN is being published by the 
Department of Homeland Security since the U.S. Coast Guard (USCG) was 
moved from the Department of Transportation to the Department of 
Homeland Security. Under 10 U.S.C. 1552, the Board for Correction of 
Military Records (BCMR) is a board of civilians within the U.S. 
Department of Homeland Security, Office of the General Counsel, which 
has authority under 10 U.S.C. 1552, to review and correct the personnel 
records of current and former members of the USCG and USCG Reserve. 
This system of records notice allows the Department to collect and 
maintain records submitted and created during the BMCR process.
    The BCMR is a forum that allows current and former USCG military 
personnel or their authorized representatives to apply for correction 
of their military personnel records. In order to determine whether the 
requested correction should be made, the BCMR receives, reviews, and 
stores applications, arguments, and evidence submitted by applicants 
and their representatives as well as copies of applicants' military 
and, if applicable, medical records. The BCMR also receives, reviews, 
and stores advisory opinions and evidence submitted by the USCG for 
each case; copies of applicable investigations; and correspondence 
related to the applications. The BCMR retains copies of the decisions 
issued. The records in this system are used by the Chair's staff and 
members of the Board in determining whether to grant relief to 
applicants; by the General Counsel and his or her staff in deciding 
whether to approve, disapprove, or remand the decisions of the Board. 
The records are also used by the Coast Guard in preparing its advisory 
opinions to the Board concerning pending cases and in implementing the 
Board's orders.
    This new system will be included in DHS's inventory of record 
systems.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which federal government 
agencies collect, maintain, use, and disseminate individuals' records. 
The Privacy Act applies to information that is maintained in a ``system 
of records.'' A ``system of records'' is a group of any records under 
the control of an agency from which information is retrieved by the 
name of an individual or by some identifying number, symbol, or other 
identifying particular assigned to the

[[Page 60889]]

individual. In the Privacy Act, an individual is defined to encompass 
U.S. citizens and lawful permanent residents. As a matter of policy, 
DHS extends administrative Privacy Act protections to all individuals 
when systems of records maintain information on U.S. citizens, lawful 
permanent residents, and visitors.
    Below is the description of the DHS/ALL--036 Board for Correction 
of Military Records System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this system of records to the Office of Management and Budget and to 
Congress.

System of Records:
    Department of Homeland Security (DHS)/ALL--036.

System name:
    DHS/ALL--036 Board for Correction of Military Records System of 
Records.

Security classification:
    Unclassified, Sensitive.

System location:
    Records are maintained at the DHS Headquarters in Washington, DC.

Categories of individuals covered by the system:
    Current and former members of the USCG and USCG Reserve who have 
filed applications for relief before the Board, or their 
representatives; civilian employees of DHS serving as the Chair; 
members of the BCMR; or the staff of the BCMR.

Categories of records in the system:
     Name, rank, and service number or social security number 
(SSN) of the applicant and the name of his/her representative, if any;
     Phone numbers, mailing, and email addresses of the 
applicant and his/her representative, if any;
     Application for Correction of Military Record (DD Form 
149) and all written arguments and evidence submitted by or on behalf 
of the applicant;
     Docket number and type of application;
     Copies of documents maintained by the Coast Guard in the 
applicant's Personnel Data Record, such as performance evaluations, 
medal citations, written counseling, disciplinary records, discharge 
papers, and other military records relevant to the requested 
correction;
     Copies of the applicant's medical records, if applicable 
to the requested correction, from the Coast Guard and Department of 
Veterans Affairs;
     Copies of applicable investigations;
     Advisory opinions of the Coast Guard, including any 
attached documentary evidence or affidavits;
     Transcripts of any hearing held by the Board;
     Decisional documents of the Board and of the General 
Counsel acting under delegated authority to approve, disapprove, or 
remand the decision of the Board;
     Coast Guard requests for amendment or clarification of 
Board decisions and the Board's decisions in response to such requests;
     Copies of court decisions related to the application; and
     Correspondence between the Chair or staff and the 
applicant, the applicant's representative or congressional 
representative, or the Coast Guard concerning an application.

Authority for maintenance of the system:
    10 U.S.C. Sec.  1552.

Purpose(s):
    The purpose of the BCMR system of records is to allow current and 
former USCG military personnel, or their authorized representatives, to 
submit applications to the BCMR for correction of their military 
records; to allow the Chair, members of the Board, and staff to review 
the records before deciding whether the requested corrections are 
warranted; to allow the General Counsel and his or her staff to review 
the records before deciding whether to approve, disapprove, or remand 
the Board's decisions; and to allow the Coast Guard to review the 
records before deciding whether to recommend that the Board grant or 
deny relief in each case and to implement the Board's orders. The 
system stores the complete record of each proceeding, including the 
decision issued or other final disposition made.

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, all or a portion of the records or 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (DOJ), including U.S. Attorney 
Offices, or other federal agency conducting litigation or in 
proceedings before any court, adjudicative, or administrative body, 
when it is relevant or necessary to the litigation and one of the 
following is a party to the litigation or has an interest in such 
litigation:
    1. DHS or any component thereof;
    2. Any employee or former employee of DHS in his/her official 
capacity;
    3. Any employee or former employee of DHS in his/her individual 
capacity when DOJ or DHS has agreed to represent the employee; or
    4. The United States or any agency thereof.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration (NARA) or 
General Services Administration pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.
    D. To an agency or organization for the purpose of performing audit 
or oversight operations as authorized by law, but only such information 
as is necessary and relevant to such audit or oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised;
    2. DHS has determined that as a result of the suspected or 
confirmed compromise, there is a risk of identity theft or fraud, harm 
to economic or property interests, harm to an individual, or harm to 
the security or integrity of this system or other systems or programs 
(whether maintained by DHS or another agency or entity) that rely upon 
the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DHS's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for DHS, when necessary to 
accomplish an agency function related to this system of records. 
Individuals provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to DHS officers and employees.
    G. To an appropriate federal, state, tribal, local, international, 
or foreign law enforcement agency or other appropriate authority 
charged with investigating or prosecuting a violation or enforcing or 
implementing a law, rule, regulation, or

[[Page 60890]]

order, when a record, either on its face or in conjunction with other 
information, indicates a violation or potential violation of law, which 
includes criminal, civil, or regulatory violations and such disclosure 
is proper and consistent with the official duties of the person making 
the disclosure.
    H. To the Department of Veterans Affairs (DVA) when the BCMR 
determines it has the need for an applicant's medical records possessed 
by the DVA. DHS requests medical records from DVA using an applicant's 
name and social security number.
    I. To courts, magistrates, administrative tribunals, opposing 
counsel, parties, and witnesses, in the course of civil, or criminal, 
or administrative proceedings (including discovery, presentation of 
evidence, and settlement negotiations) when DHS determines that use of 
such records is relevant and necessary to the litigation before a court 
or adjudicative body and any of the following is a party to or has an 
interest in the litigation:
    1. DHS or any component thereof;
    2. Any employee of DHS in his/her official capacity;
    3. Any employee of DHS in his/her individual capacity when the 
government has agreed to represent the employee; or
    4. The United States, when DHS determines that litigation is likely 
to affect DHS or any of its components.
    J. To the news media and the public, with the approval of the Chief 
Privacy Officer in consultation with counsel, when there exists a 
legitimate public interest in the disclosure of the information or when 
disclosure is necessary to preserve confidence in the integrity of DHS 
or is necessary to demonstrate the accountability of DHS's officers, 
employees, or individuals covered by the system, except to the extent 
it is determined that release of the specific information in the 
context of a particular case would constitute an unwarranted invasion 
of personal privacy.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records in this system are stored electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
may be stored on magnetic disc, tape, digital media.

Retrievability:
    Records may be retrieved individually by name in alphabetical 
sequence or by docket number.

Safeguards:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable DHS automated 
systems security and access policies. Strict controls have been imposed 
to minimize the risk of compromising the information that is being 
stored. Access to the computer system containing the records in this 
system is limited to those individuals who have a need to know the 
information for the performance of their official duties and who have 
appropriate clearances or permissions. Files are kept in the Office of 
the General Counsel.

Retention and disposal:
    Records are retained locally for three years, after which records 
are then sent to NARA and destroyed after 40 years.

System Manager and address:
    Chair, Board for Correction of Military Records, Office the General 
Counsel, Mail Stop 0485, 245 Murray Drive SW., Washington, DC 
20518.

Notification procedure:
    Individuals seeking notification of and access to any record 
contained in this system of records, or seeking to contest its content, 
may submit a request in writing to the Chief Privacy Officer and Chief 
Freedom of Information Act Officer whose contact information can be 
found at https://www.dhs.gov/foia under ``Contacts.'' If an individual 
believes more than one component maintains Privacy Act records 
concerning him or her, the individual may also submit the request to 
the Chief Privacy Officer and Chief Freedom of Information Act Officer, 
Department of Homeland Security, 245 Murray Drive SW., Building 410, 
STOP-0655, Washington, DC 20528.
    When seeking records about yourself from this system of records or 
any other Departmental system of records, your request must conform 
with the Privacy Act regulations set forth in 6 CFR part 5. You must 
first verify your identity, meaning that you must provide your full 
name, current address, and date and place of birth. You must sign your 
request, and your signature must either be notarized or submitted under 
28 U.S.C. 1746, a law that permits statements to be made under penalty 
of perjury as a substitute for notarization. While no specific form is 
required, you may obtain forms for this purpose from the Chief Privacy 
Officer and Chief Freedom of Information Act Officer, https://www.dhs.gov/foia or 1-866-431-0486. In addition, you should:
     Explain why you believe the Department would have 
information on you;
     Identify which component(s) of the Department you believe 
may have the information about you;
     Specify when you believe the records would have been 
created; and
     Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records.
    If your request is seeking records pertaining to another living 
individual, you must include a statement from that individual 
certifying his/her agreement for you to access his/her records.
    Without the above information, the Department may not be able to 
conduct an effective search, and your request may be denied due to lack 
of specificity or lack of compliance with applicable regulations.

Record access procedures:
    See ``Notification procedure'' above.

Contesting record procedures:
    See ``Notification procedure'' above.

Record source categories:
    Records are obtained from the individual, his or her official 
military personnel file, other USCG records/reports, or the United 
States Department of Veterans Affairs.

Exemptions claimed for the system:
    None.

    Dated: September 11, 2013.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2013-23991 Filed 10-1-13; 8:45 am]
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