Privacy Act of 1974; System of Records, 73515-73516 [2013-29121]

Agencies

• DEPARTMENT OF DEFENSE
• Department of the Navy

[Federal Register Volume 78, Number 235 (Friday, December 6, 2013)]
[Notices]
[Pages 73515-73516]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29121]


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DEPARTMENT OF DEFENSE

Department of the Navy

[Docket ID: USN-2013-0042]


Privacy Act of 1974; System of Records

AGENCY: Department of the Navy, DoD.

ACTION: Notice to alter a System of Records.

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SUMMARY: The Department of the Navy proposes to alter the system of 
records, N01850-2, entitled ``Physical Disability Evaluation System 
Proceedings'' in its inventory of record systems subject to the Privacy 
Act of 1974, as amended. This system will be used to determine fitness 
for duty or eligibility for separation or retirement due to physical 
disability of Navy and Marine Corps personnel, by establishing the 
existence of disability, the degree of disability, and the 
circumstances under which disability was incurred, and to respond to 
official inquiries concerning the disability evaluation proceedings of 
particular service personnel.

DATES: This proposed action will be effective on January 6, 2014 unless 
comments are received which result in a contrary determination. 
Comments will be accepted on or before January 6, 2014.

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: Ms. Robin Patterson, Head, PA/FOIA 
Office (DNS-36), Department of the Navy, 2000 Navy Pentagon, 
Washington, DC 20350-2000, or by phone at (202) 685-6545.

SUPPLEMENTARY INFORMATION: The Department of the Navy'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/navy/.
    The proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on October 31, 2013, to 
the House Committee on Oversight and Government Reform, the Senate 
Committee on 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).


[[Page 73516]]


    Dated: December 3, 2013.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
N01850-2

System Name:
    Physical Disability Evaluation System Proceedings (April 14, 1999, 
64 FR 18410).

Changes:
* * * * *

System ID:
    Delete entry and replace with ``NM01850-2.''
* * * * *

Categories of individuals covered by the system:
    Delete entry and replace with ``All Navy and Marine Corps personnel 
who have been considered by a Physical Evaluation Board for separation 
or retirement by reason of physical disability.
    All Navy and Marine Corps personnel who have been considered by a 
Physical Evaluation Board for separation or retirement by reason of 
physical disability and been found fit for duty by such boards.''

Categories of records in the system:
    Delete entry and replace with ``File contains medical board 
reports; statements of findings of physical evaluation boards; medical 
reports from Department of Veterans Affairs and civilian medical 
facilities; copies of military health records; copies of the Judge 
Advocate General's (JAG) Manual investigations; copies of prior 
actions/appellate actions/review taken in the case; recordings of 
physical evaluation board hearings; rebuttals submitted by the member; 
intra and interagency correspondence concerning the case; 
correspondence from and to the member, members of Congress, attorneys; 
and documents concerning the appointment of trustees for mentally 
incompetent service members. Records include name, Social Security 
Number (SSN), DoD ID Number, date of birth, mailing/home address, home/
work or mobile phone numbers, home/work email address, record number, 
military grade/rate, year of disability proceeding and date of 
disability evaluation system action.''

Authority for maintenance of the system:
    Delete entry and replace with ``5 U.S.C. 5013, Secretary of the 
Navy; 10 U.S.C. 1216a, Determinations of Disability: Requirements and 
Limitations on Determinations; DoD 6025.18-R, DoD Health Information 
Privacy Regulation; and E.O. 9397 (SSN), as amended.''
* * * * *

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, 
as amended, 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:
    To officials and employees of the Department of Veterans Affairs to 
request and verify information of service-connected disabilities in 
order to evaluate applications for veteran's benefits.
    The DoD Blanket Routine Uses set forth at the beginning of the 
Department of Navy's compilation of system 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 and electronic storage 
media.''

Retrievability:
    Delete entry and replace with ``Name, record number, year of 
disability proceeding, and SSN.''

Safeguards:
    Delete entry and replace with ``Files are maintained in file 
cabinets and electronic storage media under the control of authorized 
personnel during working hours. Access during working hours is 
controlled by Board personnel and the office spaces in which file 
cabinets and storage devices are located are locked outside official 
working hours. Computerized system is password protected. The office is 
located in a building on a military installation which has 24-hour gate 
sentries and 24-hour roving patrols.''
* * * * *

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in this system should 
address written inquiries to the Director, Secretary of the Navy 
Council of Review Boards, Department of the Navy, Washington Navy Yard, 
720 Kennon Street SE., Room 309, Washington, DC 20374-5023.
    Written requests for information should contain the full name of 
the individual, military grade or rate, and date of Disability 
Evaluation System action. Written requests must be signed by the 
requesting individual.
    The system manager may require an original signature or a notarized 
signature as a means of proving the identity of the individual 
requesting access to the records.''

Record access procedure:
    Delete entry and replace with ``Individuals seeking to access 
information about themselves contained in this system should address 
written inquiries to the Director, Secretary of the Navy Council of 
Review Boards, Department of the Navy, Washington Navy Yard, 720 Kennon 
Street SE., Room 309, Washington, DC 20374-5023.
    Written requests for information should contain the full name of 
the individual, military grade or rate, and date of Disability 
Evaluation System action. Written requests must be signed by the 
requesting individual.
    The system manager may require an original signature or a notarized 
signature as a means of proving the identity of the individual 
requesting access to the records.''
* * * * *
[FR Doc. 2013-29121 Filed 12-5-13; 8:45 am]
BILLING CODE 5001-06-P