Privacy Act of 1974; System of Records, 42459-42463 [2024-09967]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 89, Number 95 (Wednesday, May 15, 2024)]
[Notices]
[Pages 42459-42463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09967]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2024-OS-0050]


Privacy Act of 1974; System of Records

AGENCY: Department of Defense (DoD).

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the DoD is 
establishing a new system of records covering all DoD components 
titled, ``Military Human Resource Records,'' DoD-0020. This system of 
records describes DoD's collection, use, and maintenance of records 
about members of the armed services, including active duty, reserve, 
and guard personnel. Records support Department requirements and 
individual Service members' careers, through the collection and 
management of personnel and employment data. This information includes 
individual's pay and compensation, education, assignment history, 
grade/rank and promotion determinations, separation and retirement 
actions, performance information, awards, and career milestones. 
Additionally, DoD is issuing a Notice of Proposed Rulemaking, which 
proposes to exempt this system of records from certain provisions of 
the Privacy Act, elsewhere in today's issue of the Federal Register.

DATES: This system of records is effective upon publication; however, 
comments on the Routine Uses will be accepted on or before June 14, 
2024. The Routine Uses are effective at the close of the comment 
period.

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: Department of Defense, Office of the Assistant to the 
Secretary of Defense for Privacy, Civil Liberties, and

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Transparency, Regulatory Directorate, 4800 Mark Center Drive, Attn: 
Mailbox 24, Suite 08D09, Alexandria, VA 22350-1700.
    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. Rahwa Keleta, Privacy, Civil 
Liberties, Division, Directorate for Privacy, Civil Liberties and FOIA, 
Office of the Assistant to the Secretary of Defense for Privacy, Civil 
Liberties, and Freedom of Information, Department Defense, 4800 Mark 
Center Drive, Mailbox #24, Suite 08D09, Alexandria, VA 22350-1700; 
[email protected]; (703) 571-0070.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD is establishing the Military Human Resource Records, DoD-0020 
as a DoD-wide Privacy Act system of records. A DoD-wide system of 
records notice (SORN) supports multiple DoD paper or electronic 
recordkeeping systems operated by more than one DoD component that 
maintain the same kind of information about individuals for the same 
purpose. The establishment of DoD-wide SORNs helps DoD standardize the 
rules governing the collection, maintenance, use, and sharing of 
personal information in key areas across the enterprise. DoD-wide SORNs 
also reduce duplicative and overlapping SORNs published by separate DoD 
components. The creation of DoD-wide SORNs is expected to make locating 
relevant SORNs easier for DoD personnel and the public and create 
efficiencies in the operation of the DoD privacy program.
    This system covers the military human resource records of Service 
members across the DoD enterprise, with the exception of the U.S. Coast 
Guard, wherever they are maintained. These records include finance-
related documents and non-service related documents that the Military 
Services have deemed necessary to store. The system consists of both 
electronic and paper records and will be used by DoD components and 
offices to maintain records about personnel management and compensation 
provided to Service members. These records include information 
pertaining to most aspects of a Service member's career, including 
accessions/enlistments (joining), assignments, work history, pay and 
benefits, separation, and retirement. (Note that Service member 
training records are maintained in the DoD-0005, Defense Training 
Records system of records, Dec. 28, 2020, 85 FR 84316). The primary 
purposes behind this system of records are: supporting manning 
requirements, determining organizational structure and distribution of 
personnel, providing logistics and support to the population, 
budgeting, and other human resource actions necessary to successfully 
meet DoD's operational readiness and assigned missions.
    DoD SORNs have been published in the Federal Register and are 
available from the address in FOR FURTHER INFORMATION CONTACT or at the 
Defense Privacy, Civil Liberties, and Freedom of Information 
Directorate website at https://dpcld.defense.gov.

II. Privacy Act

    Under the Privacy Act, a ``system of records'' is a group of 
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 individual. In 
the Privacy Act, an individual is defined as a U.S. citizen or lawful 
permanent resident.
    In accordance with 5 U.S.C. 552a(r) and Office of Management and 
Budget (OMB) Circular No. A-108, DoD has provided a report of this 
system of records to the OMB and to Congress.

    Dated: May 2, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

SYSTEM NAME AND NUMBER:
    Military Human Resource Records, DoD-0020.

SECURITY CLASSIFICATION:
    Unclassified and Classified.

SYSTEM LOCATION:
    Department of Defense (Department or DoD), located at 1000 Defense 
Pentagon, Washington, DC 20301-1000, and other Department 
installations, offices, or mission locations. Information may also be 
stored within a government-certified cloud, implemented and overseen by 
the Department's Chief Information Officer (CIO), 6000 Defense 
Pentagon, Washington, DC 20301-6000.

SYSTEM MANAGER(S):
    The system managers are as follows:
    A. Deputy Assistant Secretary of Defense for Military Policy, 
Office of the Under Secretary of Defense (Personnel & Readiness), 
Deputy Under Secretary of Defense for Manpower and Reserve Affairs, 
4000 Defense Pentagon, Washington DC 20301-4000, [email protected].
    B. Department of the Army, Deputy Chief of Staff for Personnel 
(DCS, G1), 300 Army Pentagon, Room 2E446, Washington, DC 20310-0300; 
tel: (703) 697-8060.
    C. Department of the Air Force, Deputy Chief of Staff for Manpower, 
Personnel and Services (A1), Pentagon, 1040 Air Force, Room 4E168, 
20330; tel: (703) 697-6090.
    D. Department of the Navy, Deputy Chief of Naval Operations 
(Manpower Personnel, Training, and Education), N1/Chief of Naval 
Personnel, 701 South Courthouse Road, Arlington, VA 22204; tel: (703) 
604-2863.
    E. Marine Corps Manpower and Reserve Affairs (M&RA), 3280 Russell 
Rd, Quantico, VA 22134-5103; tel: (703) 784-9012.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    10 U.S.C. Subtitle A, Part I, Organization and General Military 
Powers; 10 U.S.C. Subtitle A, Part II, Personnel, Chapters 31 through 
80; 10 U.S.C. Part III, Training and education, Chapters 101 through 
113; 10 U.S.C. 113, Secretary of Defense; 10 U.S.C. 115, Personnel 
strengths: requirement for annual authorization; 10 U.S.C. 115a, Annual 
defense manpower profile report and related reports; 10 U.S.C. 117, 
Readiness reporting system; 10 U.S.C. 122, Official registers; 10 
U.S.C. 123, Authority to suspend officer personnel laws during war or 
national emergency; 10 U.S.C. 123a, Suspension of end-strength and 
other strength limitations in time of war or national emergency; 10 
U.S.C. 123b, Forces stationed abroad: limitation on number; 10 U.S.C. 
125, Functions, powers, and duties: transfer, reassignment 
consolidation, or abolition; 10 U.S.C. 129a, General policy for total 
force management; 10 U.S.C. 129c, Medical personnel: limitations on 
reductions; 10 U.S.C. 130b, Personnel in overseas, sensitive, or 
routinely deployable units: nondisclosure of personally identifying 
information; 10 U.S.C. 136, Under Secretary of Defense for Personnel 
and Readiness; 10 U.S.C. Chapter 36, Promotion, Separation, and 
Involuntary Retirement of Officers on the Active-Duty List; 10 U.S.C. 
Subtitle E, Part III: Promotion and Retention of Officers in the 
Reserve Active-Status List; 10 U.S.C. 7013, Secretary of the Army; 10 
U.S.C.

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8013, Secretary of the Navy; 10 U.S.C. 9013; Secretary of the Air 
Force; 37 U.S.C. 101-1015, Pay and Allowances of the Uniformed 
Services; 38 U.S.C. Veterans' Benefits Parts I-IV; 10 U.S.C. Chapter 
47, Uniform Code of Military Justice; 50 U.S.C. Chapter 49, Military 
Selective Service; 32 CFR part 47, Active Duty Service for Civilian or 
Contractual Groups; DoD Instruction (DoDI) 1332.14, Enlisted 
Administrative Separations; DoDI 1332.30, Commissioned Officers 
Administrative Separations; DoDI 1336.01, Certificate of Uniformed 
Service (DD Form 214/5 Series); DoDI 1336.05, Automated Extract of 
Active Duty Military Personnel Records; DoDI 1336.08, Military Human 
Resource Records Life Cycle Management; and Executive Order 9397 (SSN).

PURPOSE(S) OF THE SYSTEM:
    A. To manage the Military Service workforce, and its operational 
readiness and assigned mission goals.
    B. To support Department and Component force and manning 
requirements (i.e., size and composition of the force) and 
organizational structure (i.e., distribution of the force) to meet 
operational and logistics readiness needs.
    C. To document, manage, track, carry out, and oversee a variety of 
personnel and human resource actions concerning Military Service 
members, such as promotions; determining status, eligibility, and 
Service member rights and benefits; and computing length of service.
    D. To serve as the basic source of factual data (for example: duty 
titles, duty locations, performance reports, promotion determinations, 
administrative actions, etc.) about an individual's Military Service 
from entrance through separation or retirement.
    E. To give legal force and effect to personnel and human resources 
transactions and establish rights and benefits under pertinent laws and 
regulations governing the military Services.
    F. To ensure appropriate accounting and payment of an individual's 
pay, leave, or benefits (both during and following separation or 
retirement from service) while affiliated with the Department of 
Defense.
    G. To support Department funding and fiscal planning requirements, 
financial reporting, and associated analytical tasks for Department and 
Component financial, business, and operational needs.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    All current and former members of the armed services, including the 
National Guard and Reserve; other individuals whose civilian or 
contract service to the U.S. Armed Forces is recognized as active 
military service for Department of Veterans Affairs benefits purposes.
    Note 1: Human resource records concerning U.S. Military Academy 
Cadets, Army Reserve Officers' Training Corps contracted Cadets, 
Officer Candidates, and Enlisted basic trainees are not covered under 
this system of records until they transition to active, Guard, or 
Reserve duties. Once the individual has transitioned, those records 
will be incorporated within this system of records.
    Note 2: Records in this system of records may also include 
information about other individuals who are not covered by the system, 
such as spouse, dependents, or supporting caregivers for the Military 
Service member.
    Note 3: Human resource records for members of the U.S. Coast Guard 
are covered under the Department of Homeland Security SORN, DHS/USCG-
014 Military Pay and Personnel.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The information required to be maintained in standard military 
human resource records is defined by DoD policy and any pertinent 
Service-specific regulations. The records include military human 
resource information and/or data related to a Service member's career. 
The specific contents of a Service member's records will vary based on 
the events of their career. The type of information generally 
maintained in the military human resources records include the 
following:
    A. Personal Information including: Name, DoD ID number. Social 
Security Number (SSN), addresses, phone numbers, email addresses, date 
and place of birth, sex, gender, dependent and family member 
information, biometric information, citizenship, race and ethnic 
origin, sponsorship and beneficiary information, other biographical 
information, casualty documentation and funeral preference, religious 
preference, foreign language skills, to include cultural expertise, and 
regional proficiency.
    B. Service Information including: date and type of enlistment/
appointment, rank/specific job code/branch of service, duty position, 
organization, previous assignments, work contact information, 
performance information (behavior, discipline related information, and 
conduct data), promotions, decorations and awards, education and 
certifications, skill identifiers, readiness and deployment health 
data, retention data, separation and retirement related information (to 
include requests for waivers related to foreign government employment 
and benefits from foreign governments), and security clearance 
information.
    C. Financial Information including: Pay, wage, benefits, earnings 
and allowances, additional pay (bonuses, special and incentive pays), 
allotments and other withholdings, such as taxes withheld/paid, debts, 
and retirement contributions, banking information, leave balances and 
leave history.
    Note 4: Service member training and certification records are 
covered by the DoD-0005 Defense Training Records system of records.

RECORD SOURCE CATEGORIES:
    Records and information stored in this system of records are 
obtained from:
    A. Military Service members, Human Resource personnel, supervisory 
personnel.
    B. Federal, foreign, State, local and other government agencies.
    C. All DoD databases flowing into or accessed through the following 
integrated data systems, environments, applications, and tools: Defense 
Finance and Accounting Services financial business feeder systems, 
Defense Manpower Data Center including the Defense Eligibility 
Enrollment System, Defense Readiness Reporting System (DRRS) enterprise 
(including DRRS-Strategic and DRRS-Army Database), Defense Personnel 
Records Information Retrieval System (DPRIS), Integrated Personnel and 
Pay System--Army, Air Force Integrated Personnel and Pay System, 
Electronic Military Personnel System, Marine Corps Total Force System.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act of 1974, as amended, all or a portion of the 
records or information contained herein may specifically be disclosed 
outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as 
follows:
    A. To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the federal government when 
necessary to accomplish an agency function related to this system of 
records.

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    B. To the appropriate Federal, State, local, territorial, tribal, 
foreign, or international law enforcement authority or other 
appropriate entity where a record, either alone or in conjunction with 
other information, indicates a violation or potential violation of law, 
whether criminal, civil, or regulatory in nature.
    C. To any component of the Department of Justice for the purpose of 
representing the DoD, or its components, officers, employees, or 
members in pending or potential litigation to which the record is 
pertinent.
    D. In an appropriate proceeding before a court, grand jury, or 
administrative or adjudicative body or official, when the DoD or other 
Agency representing the DoD determines that the records are relevant 
and necessary to the proceeding; or in an appropriate proceeding before 
an administrative or adjudicative body when the adjudicator determines 
the records to be relevant to the proceeding.
    E. To the National Archives and Records Administration for the 
purpose of records management inspections conducted under the authority 
of 44 U.S.C. 2904 and 2906.
    F. To a Member of Congress or staff acting upon the Member's behalf 
when the Member or staff requests the information on behalf of, and at 
the request of, the individual who is the subject of the record.
    G. To appropriate agencies, entities, and persons when (1) the DoD 
suspects or confirms a breach of the system of records; (2) the DoD 
determines as a result of the suspected or confirmed breach there is a 
risk of harm to individuals, the DoD (including its information 
systems, programs, and operations), the Federal Government, or national 
security; and (3) the disclosure made to such agencies, entities, and 
persons is reasonably necessary to assist in connection with the DoD's 
efforts to respond to the suspected or confirmed breach or to prevent, 
minimize, or remedy such harm.
    H. To another Federal agency or Federal entity, when the DoD 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (1) responding to 
a suspected or confirmed breach or (2) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs and operations), 
the Federal Government, or national security, resulting from a 
suspected or confirmed breach.
    I. To another Federal, State or local agency for the purpose of 
comparing to the agency's system of records or to non-Federal records, 
in coordination with an Office of Inspector General in conducting an 
audit, investigation, inspection evaluation, or other review as 
authorized by the Inspector General Act of 1978, as amended.
    J. To such recipients and under such circumstances and procedures 
as are mandated by Federal statute or treaty.
    K. To the appropriate Federal, State, local, tribal, territorial, 
foreign, or other public authority in the event of a natural or manmade 
disaster to (i) provide leads to assist in locating missing individuals 
or assist in determining the health and safety of the individual and 
(ii) to assist in identifying victims and locating any surviving next 
of kin.
    L. To other Federal, State, local, tribal, and territorial 
government agencies when such data is required in the performance of 
official duties (e.g., military service and benefits determination, 
compensation, Service member and family support, certifications, 
credentials, or licensing). Recipient agencies and entities may include 
but are not limited to the Office of Personnel Management, Social 
Security Administration, Selective Service Agencies, Department of 
Veterans Administration, Department of Labor, the Federal Aviation 
Administration, the Red Cross, and Federally Funded Research and 
Development Centers.
    M. To U.S. military banking facilities (MBFs) for the purpose of 
obtaining financial services as established by the Department of the 
Treasury under statutory authority that is separate from State or 
Federal laws that govern commercial banking.
    N. To designated officers and employees of Federal, State, local, 
territorial, tribal, international, or foreign agencies in connection 
with the hiring or retention of an employee, the conduct of a 
suitability or security investigation, the letting of a contract, or 
the issuance of a license, grant or other benefit by the requesting 
agency, to the extent that the information is relevant and necessary to 
the requesting agency's decision on the matter and the Department deems 
appropriate.
    O. To foreign or international law enforcement, security, or 
investigatory authorities to comply with requirements imposed by, or to 
claim rights conferred in, international agreements and arrangements, 
including those regulating the stationing and status in foreign 
countries of DoD military and civilian personnel.
    P. To appropriate Federal, State, local, territorial, tribal, 
foreign, or international agencies for the purpose of 
counterintelligence activities authorized by U.S. law or Executive 
Order, or for the purpose of executing or enforcing laws designed to 
protect the national security or homeland security of the United 
States, including those relating to the sharing of records or 
information concerning terrorism, homeland security, or law 
enforcement.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records may be stored electronically or on paper in secure 
facilities in a locked drawer behind a locked door. Electronic records 
may be stored locally on digital media; in agency-owned cloud 
environments; or in vendor Cloud Service Offerings certified under the 
Federal Risk and Authorization Management Program (FedRAMP).

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by the Service member's full name and/or 
DoD ID number, or Social Security Number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    A. Military records of current active, Reserve, or Guard members 
are maintained in imaged record systems operated by each of the 
Military Services.
    B. Records of inactive Service members are transferred to the 
National Archives and retained as permanent records 62 years after the 
Service member's discharge, retirement, or death in service.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    DoD safeguards records in this system of records according to 
applicable rules, policies, and procedures, including all applicable 
DoD automated systems security and access policies. DoD policies 
require the use of controls to minimize the risk of compromise of 
personally identifiable information (PII) in paper and electronic form 
and to enforce access by those with a need to know and with appropriate 
clearances. Additionally, DoD has established security audit and 
accountability policies and procedures which support the safeguarding 
of PII and detection of potential PII incidents. DoD routinely employs 
safeguards such as the following to information systems and paper 
recordkeeping systems: Multifactor log-in authentication including CAC 
authentication and password; physical token as required; physical and 
technological access

[[Page 42463]]

controls governing access to data; network encryption to protect data 
transmitted over the network; disk encryption securing disks storing 
data; key management services to safeguard encryption keys; masking of 
sensitive data as practicable; mandatory information assurance and 
privacy training for individuals who will have access; identification, 
marking, and safeguarding of PII; physical access safeguards including 
multifactor identification physical access controls, detection and 
electronic alert systems for access to servers and other network 
infrastructure; and electronic intrusion detection systems in DoD 
facilities.

RECORD ACCESS PROCEDURES:
    A. For information on active duty, retired and non-unit reserve 
personnel: Individuals are encouraged to use the Standard Form (SF) 
180, Request Pertaining to Military Records, to obtain information from 
military service records. Individuals should complete the SF-180 and 
send it to the appropriate records custodian as listed on the final 
page of the SF-180.
    Alternatively, individuals may address written inquiries to the DoD 
component with oversight of the records, as the component has Privacy 
Act responsibilities concerning access, amendment, and disclosure of 
the records within this system of records. The public may identify the 
contact information for the appropriate DoD office through the 
following website: www.FOIA.gov. Signed written requests should contain 
the name and number of this system of records notice along with the 
full name, SSN, DoD ID number or service identification number if 
applicable, current address, telephone number, and signature. In 
addition, the requester must provide either a notarized statement or an 
unsworn declaration made in accordance with 28 U.S.C. 1746, in the 
appropriate 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).''
    B. For information on discharged and deceased personnel: 
Individuals must use the form SF-180, Request Pertaining to Military 
Records, to obtain information from military service records in the 
National Personnel Records Center (NPRC) (Military Personnel Records) 
through the submission of an SF-180 or an online records request 
system. Online requests may be submitted to the NPRC by a veteran or 
deceased veteran's next-of-kin using eVetRecs at https://www.archives.gov/veterans/military-service-records/.

CONTESTING RECORD PROCEDURES:
    The DoD rules for accessing records, contesting contents, and 
appealing initial agency determinations are contained in 32 CFR part 
310.

NOTIFICATION PROCEDURES:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should follow the 
instructions for Record Access Procedures above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    The DoD has exempted records maintained in this system from 5 
U.S.C. 552a(c)(3), (d)(1)-(4), (e)(1), (e)(4)(G), (H), and (I), and (f) 
of the Privacy Act, pursuant to 5 U.S.C. 552a(k)(1) and (k)(7). In 
addition, when exempt records received from other systems of records 
become part of this system, the DoD also claims the same exemptions for 
those records that are claimed for the prior system(s) of records from 
which they were a part and claims any additional exemptions set forth 
here. An exemption rule for this system has been promulgated in 
accordance with the requirements of 5 U.S.C. 553(b)(1), (2), and (3), 
and (c), and published in 32 CFR part 310.

HISTORY:
    None.

[FR Doc. 2024-09967 Filed 5-14-24; 8:45 am]
BILLING CODE 6001-FR-P