98-32749. Privacy Act of 1974; System of Records  

  • [Federal Register Volume 63, Number 237 (Thursday, December 10, 1998)]
    [Notices]
    [Pages 68256-68258]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-32749]
    
    
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    DEPARTMENT OF DEFENSE
    
    Office of the Secretary
    
    
    Privacy Act of 1974; System of Records
    
    AGENCY: Office of the Secretary, DoD.
    ACTION: Notice to add a system of records.
    
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    SUMMARY: The Office of the Secretary proposes to add a system of 
    records notice to its existing inventory of record systems subject to 
    the Privacy Act of 1974, (5 U.S.C. 552a), as amended.
    DATES: This proposed action will be effective without further notice on 
    January 11, 1999, unless comments are received which result in a 
    contrary determination.
    ADDRESSES: Send comments to OSD Privacy Act Coordinator, Records 
    Section, Directives and Records Division, Washington Headquarter 
    Services, Correspondence and Directives, 1155 Defense Pentagon, 
    Washington, DC 20301-1155.
    FOR FURTHER INFORMATION CONTACT: Mr. David Bosworth at (703) 695-0970 
    or DSN 225-0970.
    SUPPLEMENTARY INFORMATION: The Office of the Secretary systems of 
    records 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 system report, as required by 5 U.S.C. 552a(r) of the 
    Privacy Act of 1974, as amended, was submitted on November 24, 1998, to 
    the House Committee on Government Reform and Oversight, 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 68257]]
    
        Dated: December 4, 1998.
    
    L.M. Bynum,
    Alternate OSD Federal Register Liaison Officer, Department of Defense.
    DGC 19
    
    System name:
        DoD Final Personnel and General Claims and Waiver Files.
    
    System location:
        Defense Office of Hearings and Appeals, Defense Legal Services 
    Agency, Department of Defense, 4015 Wilson Boulevard, Suite 300, 
    Arlington, VA 22203-1995.
    
    Categories of individuals covered by the system:
        Pay and Travel Claims: Uniformed service members of DoD, the Coast 
    Guard, National Oceanic and Atmospheric Administration, and the Public 
    Health Service or their dependents, beneficiaries, agents, attorneys or 
    other individuals who may benefit from the member's tenure and who have 
    an unresolved dispute related to a claim for pay, allowances, travel, 
    transportation, retired pay, or survivor benefits.
        Waiver Authority: DoD civilian employees, uniformed service members 
    of DoD, the Coast Guard, National Oceanic and Atmospheric 
    Administration, and the Public Health Service or their dependents, 
    beneficiaries, agents, attorneys or other individuals who may benefit 
    from the member's tenure and who have an unresolved dispute related to 
    a request for waiver of erroneous payments of pay and allowances.
        General Claims: Any individuals with other general claims arising 
    from activities within DoD.
    
    Categories of records in the system:
        Case files include administrative reports from DoD military and 
    civilian employees, the Coast Guard, the National Oceanic and 
    Atmospheric Administration, and the Public Health Service; claims, 
    waiver applications, and all pertinent or supporting materials related 
    to a claim or waiver application; written decisions of this Office, the 
    Agency concerned, and the Deputy General Counsel (Fiscal); and such 
    other matter as the claims adjudicators and attorneys may include in 
    the record, including copies of precedents relied on in resolving a 
    case.
        Automated case status records for current cases and inactive cases 
    are used to provide location and status and internal identification of 
    cases, to prepare listings and internal statistical reports, and to 
    monitor work flow and case handling actions.
    
    Authority for maintenance of the system:
        5 U.S.C. 5584; 10 U.S.C. 140; 10 U.S.C. 2575; 10 U.S.C. 2771; 10 
    U.S.C. 2774; 24 U.S.C. 420; 31 U.S.C. 3529; 31 U.S.C. 3702; 32 U.S.C. 
    714; 32 U.S.C. 716; 37 U.S.C. 554; and E.O. 9397 (SSN).
    
    Purpose(s):
        Records are collected and maintained to support the resolution of a 
    claim or waiver application and to provide decisions to those parties 
    involved in:
         a. Claims related to uniform services members' pay, allowances, 
    travel, transportation, retired pay, and survivor benefits;
         b. Claims by transportation carriers for amounts collected from 
    them for loss and damage incurred to property incident to shipment at 
    Government expense;
         c. Claims for proceeds of sale of unclaimed property coming into 
    the custody or control of the Army, Navy, Air Force or Coast Guard;
         d. Final settlements of accounts of members of the Armed Forces, 
    including the National Guard;
         e. Reports on disposition of the effects of deceased members of 
    the Army and Air Force for settlement under 10 U.S.C. 2771, 10 U.S.C. 
    4712 and 9712;
         f. Claims for the proceeds of the sale of motor vehicles and items 
    of household goods and personal property of members of the Uniformed 
    Services reported dead, injured, ill or absent for a period of more 
    than 29 days in a missing status;
         g. Claims for the proceeds from the disposition of effects of 
    deceased residents of the Armed Forces Retirement Home;
         h. Claims arising from DoD activities cognizable under 31 U.S.C. 
    3702, not otherwise delegated by the Director, OMB.
         i. Waivers of payment submitted by individuals who seek final 
    adjudication of their requests for waiver of erroneous payments of pay 
    and allowances. Waivers are submitted by:
         (1) Uniformed service members of DoD, the Coast Guard, National 
    Oceanic and Atmospheric Administration, and the Public Health Service, 
    of individuals who may derive any benefit on account of such tenure who 
    have an unresolved dispute relating to a claim for pay, allowances, 
    travel, transportation, retired pay, or survivor benefits.
         (2) DoD civilian employees who have an unresolved dispute related 
    to a request for waiver of erroneous payments of pay.
        Records also are collected and maintained to record processing 
    steps taken and processing time; to prepare statistical listings and 
    summaries; to monitor and control adjudicative actions and processes.
    
    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:
        To the Coast Guard, the National Oceanic and Atmospheric 
    Administration, and the Public Health Service for the purpose of 
    obtaining and providing information relating to claims and waivers.
        The `Blanket Routine Uses' set forth at the beginning of OSD'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:
        Paper records are maintained in file folders and electronic records 
    are stored on magnetic or optical media.
    
    Retrievability:
        Paper records are retrieved by case number. Computer data is 
    retrieved by name, address, and Social Security Number, case number, or 
    a combination of other personal identifying data.
    
    Safeguards:
        Records are stored in a secure area accessible only to DOHA 
    authorized personnel. All records are stored, processed, transmitted 
    and protected as the equivalent of For Official Use Only information. 
    Records are accessed by the custodian of the record system and by 
    persons responsible for using or servicing the system, who are properly 
    screened and have a need-to-know. Computer hardware is located in 
    controlled areas with access limited to authorized personnel. Computer 
    access is via dedicated data circuits with password control. Individual 
    passwords are changed periodically and upon departure of personnel. The 
    dedicated data feature prevents access from standard dial-up 
    telephones. Only DOHA personnel are given the security level on the 
    computer system needed to amend, add, alter, change, or delete Claims 
    and Waiver records.
    
    Retention and disposal:
        Records are destroyed 6 years and 3 months after date of last DOHA 
    action.
    
    [[Page 68258]]
    
    System manager(s) and address:
        Director, Defense Office of Hearings and Appeals, P0 Box 3656, 
    Arlington, VA 22203-1995.
    
    Notification procedure:
        Individuals seeking to determine whether information about 
    themselves is contained in this system should address written inquiries 
    to the Director, Defense Office of Hearings and Appeals, PO Box 3656, 
    Arlington, VA 22203-1995.
        Request should include the individual's full name, address, 
    telephone number, Social Security Number and other information 
    identifiable from the record.
    
    Record access procedures:
        Individuals seeking access to information about themselves 
    contained in this system of records should address written inquiries to 
    the Director, Defense Office of Hearings and Appeals, PO Box 3656, 
    Arlington, VA 22203-1995.
        Request should include the individual's full name, address, 
    telephone number, Social Security Number and other information 
    identifiable from the record. In addition, the requester must provide a 
    notarized statement or an unsworn declaration made in accordance with 
    28 U.S.C. 1746, in the following format:
        If executed without 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)'.
        Records may be made available for review at DOHA Headquarters upon 
    appointment made with the Director. Individual must be able to provide 
    picture identification, such as a valid driver's license.
    
    Contesting record procedures:
        The OSD rules for accessing records, for contesting contents and 
    appealing initial agency determinations are published in OSD 
    Administrative Instruction 81; 32 CFR part 311; or may be obtained from 
    the system manager.
    
    Record source categories:
        Information is received from agency claims and waiver application 
    files; from subject individuals, their attorneys or authorized 
    representatives; or other documentary evidence made part of the record 
    by the individual or the agency.
    
    Exemptions claimed for the system:
        None.
    [FR Doc. 98-32749 Filed 12-9-98; 8:45 am]
    BILLING CODE 5000-04-F
    
    
    

Document Information

Effective Date:
1/11/1999
Published:
12/10/1998
Department:
Defense Department
Entry Type:
Notice
Action:
Notice to add a system of records.
Document Number:
98-32749
Dates:
This proposed action will be effective without further notice on January 11, 1999, unless comments are received which result in a contrary determination.
Pages:
68256-68258 (3 pages)
PDF File:
98-32749.pdf