97-1802. Privacy Act of 1974; System of Records  

  • [Federal Register Volume 62, Number 18 (Tuesday, January 28, 1997)]
    [Notices]
    [Pages 4036-4038]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-1802]
    
    
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    DEPARTMENT OF DEFENSE
    Department of the Air Force
    
    
    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 an existing 
    system of records identified as F111 A JA B, Courts-Martial and Article 
    15 Records. The alteration adds a (j)(2) and (k)(2) exemption to the 
    system.
    DATES: This action will be effective without further notice on February 
    27, 1997, unless comments are received that would result in a contrary 
    determination.
    ADDRESSES: Send comments to the Air Force Access Programs Manager, HQ 
    USAF/SCMI, 1250 Air Force Pentagon, Washington, DC 20330-1250.
    FOR FURTHER INFORMATION CONTACT: Mrs. Anne Rollins at (703) 697-8674 or 
    DSN 227-8674.
    SUPPLEMENTARY INFORMATION: The complete inventory of Department of the 
    Air Force record system notices 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 above.
        The proposed altered system report, as required by 5 U.S.C. 552a(r) 
    of the Privacy Act was submitted on January 14, 1997, to the Committee 
    on Government Reform and Oversight of the House of Representatives, the 
    Committee on Governmental Affairs of the Senate, 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, (61 FR 
    6427, February 20, 1996).
        The alteration adds a (j)(2) and (k)(2) exemption to an existing 
    system of records identified as F111 A JA B, Courts-Martial and Article 
    15 Records.
        Dated: January 21, 1997.
    
    L.M. Bynum,
    Alternate OSD Federal Register Liaison Officer, Department of Defense.
    F111 A JA B
    
    System name:
        Courts-Martial and Article 15 Records (February 22, 1993, 58 FR 
    10432).
    
    Changes:
    * * * * *
    
    System location:
        Delete entry and replace with `Judge Advocate General, Headquarters 
    United States Air Force, 1420 Air Force Pentagon, Washington, DC 20330-
    1420;
        Headquarters Air Force Military Personnel Center, 550 C Street W, 
    Randolph Air Force Base, TX 78150-4703;
        National Personnel Records Center, Military Personnel Records, 9700 
    Page Boulevard, St. Louis, MO 63132-5100;
        Washington National Records Center, Washington, DC 20409-0002; and
        Air Force major commands, major subordinate commands headquarters, 
    and at all levels down to and including Air Force installations. 
    Official mailing addresses are published as an appendix to the Air 
    Force's compilation of systems of records notices.'
    * * * * *
    
    [[Page 4037]]
    
    Categories of records in the system:
        Add to entry `and documents received or prepared in anticipation of 
    judicial and non-judicial proceedings.'
    * * * * *
    
    Purpose(s):
        Add to entry `Documents received or prepared in anticipation of 
    judicial and non-judicial Uniform Code of Military Justice proceedings 
    are used by prosecuting attorneys for the government to analyze 
    evidence; prepare for examination of witnesses; to prepare for argument 
    before courts, magistrates, and investigating officers, and to advise 
    commanders. Documents may be required after trial when appellate or 
    reviewing authorities make post-trials inquiries or order new trials.'
    
    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, these 
    records, or information contained therein, may specifically be 
    disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 
    552a(b)(3) as follows:
        Records from this system may be disclosed to the Department of 
    Veterans Affairs, the Department of Justice, the Department of State, 
    and federal courts for determination of rights and entitlements of 
    individuals concerned or the government.
        The records may also be disclosed to a governmental board or agency 
    or health care professional society or organization if such record or 
    document is needed to perform licensing or professional standards 
    monitoring related to credentialed health care practitioners or 
    licensed non-credentialed health care personnel who are or were members 
    of the United States Air Force, and to medical institutions or 
    organizations wherein such member has applied for or been granted 
    authority or employment to provide health care services if such record 
    or document is needed to assess the professional qualifications of such 
    member.
        The `Blanket Routine Uses' set forth at the beginning of the Air 
    Force's compilation of systems of records notices apply to this 
    system.'
    * * * * *
    
    Exemptions claimed for the system:
        Delete entry and replace with `Portions of this system of records 
    may be exempt pursuant to 5 U.S.C. 552a(j)(2) from the following 
    subsections of 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2), 
    (e)(3), (e)(4)(G), (H) and (I), (e)(5), (e)(8), (f), and (g).
        Portions of this system of records may be exempt pursuant to 5 
    U.S.C. 552a(k)(2) from the following subsections of 5 U.S.C. 
    552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), and (f).
        An exemption rule for this record system has been promulgated in 
    accordance with the requirements of 5 U.S.C. 553(b)(1), (2), and (3), 
    (c) and (e) and published in 32 CFR part 806b. For additional 
    information contact the system manager.'
    F111 A JA B
    
    System name:
        Courts-Martial and Article 15 Records.
    
    System location:
        Judge Advocate General, Headquarters United States Air Force, 1420 
    Air Force Pentagon, Washington, DC 20330-1420;
        Headquarters Air Force Military Personnel Center, 550 C Street W, 
    Randolph Air Force Base, TX 78150-4703;
        National Personnel Records Center, Military Personnel Records, 9700 
    Page Boulevard, St. Louis, MO 63132-5100;
        Washington National Records Center, Washington, DC 20409-0002; and
        Air Force major commands, major subordinate commands headquarters, 
    and at all levels down to and including Air Force installations. 
    Official mailing addresses are published as an appendix to the Air 
    Force's compilation of systems of records notices.
    
    Categories of individuals covered by the system:
        All persons subject to the Uniform Code of Military Justice (10 
    U.S.C. 802) who are tried by courts-martial or upon whom Article 15 
    punishment is imposed.
    
    Categories of records in the system:
        Records of trial by courts-martial and records of Article 15 
    punishment and documents received or prepared in anticipation of 
    judicial and non-judicial proceedings.
    
    Authority for maintenance of the system:
        10 U.S.C. 815(g), Commanding officer's non-judicial punishment; 
    854, Record of Trial; 865, Disposition of records after review by the 
    convening authority; and E.O. 9397.
    
    Purpose(s):
        Records of trial by courts-martial are used for review by the 
    appellate and other authorities.
        Portions of the record in every case are used in evaluating the 
    individual's overall performance and inclusion in the military master 
    personnel record; if conviction results, a record thereof can be 
    introduced at a subsequent courts-martial trial involving the same 
    individual; also used as source documents for collection of statistical 
    information.
        Article 15 records are used for review of legal sufficiency and 
    action on appeals or applications for correction of military records 
    filed before appropriate Air Force authorities; used to formulate 
    responses to inquiries concerning individual cases made by the 
    Congress, the President, the Department of Defense, the individual 
    involved or other persons or agencies with a legitimate interest in the 
    Article 15 action; used by Air Force personnel authorities in 
    evaluating the individual's overall performance and inclusion in the 
    individual's military master personnel record; may be used for 
    introduction at a subsequent courts-martial trial involving the same 
    individual; used as source documents for collection of statistical 
    information by The Judge Advocate General.
        Documents received or prepared in anticipation of judicial and non-
    judicial Uniform Code of Military Justice proceedings are used by 
    prosecuting attorneys for the government to analyze evidence; to 
    prepare for examination of witnesses; to prepare for argument before 
    courts, magistrates, and investigating officers, and to advise 
    commanders. Documents may be required after trial when appellate or 
    reviewing authorities make post-trials inquiries or order new trials.
    
    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, these records, or information 
    contained therein, may specifically be disclosed outside the DoD as a 
    routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
        Records from this system may be disclosed to the Department of 
    Veterans Affairs, the Department of Justice, the Department of State, 
    and federal courts for determination of rights and entitlements of 
    individuals concerned or the government.
        The records may also be disclosed to a governmental board or agency 
    or health care professional society or organization if such record or 
    document is needed to perform licensing or professional standards 
    monitoring related to credentialed health care practitioners or 
    licensed non-
    
    [[Page 4038]]
    
    credentialed health care personnel who are or were members of the 
    United States Air Force, and to medical institutions or organizations 
    wherein such member has applied for or been granted authority or 
    employment to provide health care services if such record or document 
    is needed to assess the professional qualifications of such member.
        The `Blanket Routine Uses' set forth at the beginning of the Air 
    Force's compilation of systems of records notices apply to this 
    system.'
    
    Policies and practices for storing, retrieving, accessing, retaining, 
    and disposing of records in the system:
    Storage:
        Maintained in file folders, and in computers and computer output 
    products.
    
    Retrievability:
        Retrieved by name, Social Security Number, Military Service Number, 
    or by other searchable data fields.
    
    Safeguards:
        Records are accessed by custodian of the record system and 
    person(s) who are properly screened and cleared for need-to-know. 
    Records are stored in vaults and locked rooms or cabinets. Records are 
    protected by guards, and controlled by personnel screening and by 
    visitor registers. Those in computer storage devices are protected by 
    computer system software.
    
    Retention and disposal:
        Courts-martial records are retained in office files for 2 years 
    following date of final action and then retired as permanent.
        General and special courts-martial records are retired to the 
    Washington National Records Center, Washington, DC 20409-0002.
        Summary courts-martial and Article 15 records are retained in 
    office files for 1 year or until no longer needed, whichever is sooner, 
    and then retired as permanent.
        Summary courts-martial and Article 15 records are forwarded to the 
    Air Force Personnel Center for filing in the individual's permanent 
    master personnel record.
        Documents received or prepared in anticipation of judicial and non-
    judicial Uniform Code of Military Justice proceedings are maintained in 
    office files until convictions are final or until no longer needed then 
    destroyed. Records are destroyed by tearing into pieces, shredding, 
    pulping, macerating or burning.
    
    System manager(s) and address:
        Judge Advocate General, Headquarters United States Air Force, 1420 
    Air Force Pentagon, Washington, DC 20330-1420;
        Chief, Military Personnel Records Division, Directorate of 
    Personnel Data Systems, Headquarters Air Force Military Personnel 
    Center, 550 C Street W, Randolph Air Force Base, TX 78150-4703; and
        The Staff Judge Advocate at all levels of command and at Air Force 
    installations. Official mailing addresses are published as an appendix 
    to the Air Force's compilation of systems of records notices.
    
    Notification procedure:
        Individuals seeking to determine whether information about 
    themselves is contained in this system of records should address 
    written inquiries to the appropriate System manger above.
        Individual should provide full name, Social Security Number, 
    service number if different than Social Security Number, unit of 
    assignment, date of trial and type of court, if known, or date 
    punishment imposed in the case of Article 15 action.
    
    Record access procedures:
        Individuals seeking to access records about themselves contained in 
    this system of records should address written inquiries to the 
    appropriate System manger above.
        Individual should provide full name, Social Security Number, 
    service number if different than Social Security Number, unit of 
    assignment, date of trial and type of court, if known, or date 
    punishment imposed in the case of Article 15 action.
        Requester may visit the office of the system manager. Requester 
    must present valid identification card or driver's license.
    
    Contesting record procedures:
        The Air Force rules for accessing records, and for contesting 
    contents and appealing initial agency determinations are published in 
    Air Force Instruction 37-132; 32 CFR part 806b; or may be obtained from 
    the system manager.
    
    Record source categories:
        Information from almost any source can be included if it is 
    relevant and material to the Article 15 or courts-martial proceedings.
    
    Exemptions claimed for the system:
        Portions of this system of records may be exempt pursuant to 5 
    U.S.C. 552a(j)(2) from the following subsections of 5 U.S.C. 
    552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (H) and 
    (I), (e)(5), (e)(8), (f), and (g).
        Portions of this system of records may be exempt pursuant to 5 
    U.S.C. 552a(k)(2) from the following subsections of 5 U.S.C. 
    552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), and (f).
        An exemption rule for this record system has been promulgated in 
    accordance with the requirements of 5 U.S.C. 553(b)(1), (2), and (3), 
    (c) and (e) and published in 32 CFR part 806b. For additional 
    information contact the system manager.
    [FR Doc. 97-1802 Filed 1-27-97; 8:45 am]
    BILLING CODE 5000-04-F
    
    
    

Document Information

Effective Date:
2/27/1997
Published:
01/28/1997
Department:
Air Force Department
Entry Type:
Notice
Action:
Notice to alter a system of records.
Document Number:
97-1802
Dates:
This action will be effective without further notice on February 27, 1997, unless comments are received that would result in a contrary determination.
Pages:
4036-4038 (3 pages)
PDF File:
97-1802.pdf