[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
