[Federal Register Volume 60, Number 26 (Wednesday, February 8, 1995)]
[Notices]
[Pages 7523-7525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3026]
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DEPARTMENT OF DEFENSE
U.S. Marine Corps
Privacy Act of 1974; Amend Record Systems
AGENCY: Marine Corps, Department of the Navy.
ACTION: Amend record system.
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SUMMARY: The U.S. Marine Corps proposes to amend a system of records in
its inventory of record systems subject to the Privacy Act of 1974 (5
U.S.C. 552a), as amended. During a recent review, the notice for
MJA00009, entitled Marine Corps Command Legal Files, was found to be
incorrectly republished in the Federal Register on February 22, 1993,
at 58 FR 10658. This amendment will correct the notice.
DATES: The amendment will be effective on February 8, 1995.
ADDRESSES: Send comments to the Head, FOIA and Privacy Act Section,
Headquarters, U.S. Marine Corps, 2 Navy Annex, Washington, DC 20380-
1775.
FOR FURTHER INFORMATION CONTACT: Ms. B. L. Thompson at (703) 614-4008
or DSN 224-4008.
SUPPLEMENTARY INFORMATION: The U.S. Marine Corps record system notices
for records systems 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 specific changes to the system of records are set forth below
followed by the system of records notice published in its entirety, as
amended. The amendment is not within the purview of subsection (r) of
the Privacy Act of 1974 (5 U.S.C. 552a), as amended, which requires the
submission of new or altered systems reports.
Dated: February 1, 1995.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
MJA00009
Marine Corps Command Legal Files (February 22, 1993, 58 FR 10658).
* * * * *
Delete the last paragraph.
Delete entry and replace with `Records of disciplinary proceedings,
including courts-martial records and records of nonjudicial punishments
with supporting documents, military justice management information pre-
post trial (e.g., courts-martial docketing logs, reports of cases
tried, etc.), pre-disciplinary inquires and investigations and
documentation pertaining to post-hearing/trial review, clemency action,
appellate leave or other personnel action related to or resulting from
courts-martial, JAG Manual investigations pertaining to claims, line of
duty misconduct determinations, command irregularities, and unusual
[[Page 7524]] incidents or accidents with supporting documentation and
post-investigation review and actions. Inquiries made into incidents or
situations which result in disbarment of an individual or from entry
upon a military installation, referral to base traffic court or
civilian, federal, state or local judicial or law enforcement
authorities. Recommendations for administrative discharge with
supporting documentation, including records of any hearing held and any
review or other action taken with respect to the discharge
recommendations.'
Delete entry and replace with `5 U.S.C. 301; 10 U.S.C. 801, et.
seq; 18 U.S.C. 382; and E.O. 9397.'
Delete entry and replace with `To provide a record of actions for
use by commanding officers or officers in charge who have authority to
convene a special courts-martial. The records are used as required to
initiate, refer or complete appropriate disciplinary proceedings.'
Delete last paragraph.
Delete entry and replace with `Paper records in file folders.'
Delete entry and replace with `Retrieved by name or service member
involved or chronologically with cross-reference to individual
involved.'
Delete entry and replace with `Records are kept in either locked
cabinets or guarded or locked buildings.'
Delete entry and replace with `Two years or as provided in the
Manual of the Judge Advocate General (JAG Instruction 5800.7).'
Delete entry and replace with `Commanding Officer of the unit
concerned. Official mailing addresses are published as an appendix to
the Navy's compilation of systems of records notices, or information
may be obtained from the Director, Judge Advocate Division,
Headquarters, U.S. Marine Corps, Washington, DC 20380-1775.'
Delete entry and replace with `Individuals seeking to determine
whether information about themselves is contained in this system should
address written inquiries to the Commanding Officer of the unit
concerned. U.S. Marine Corps official mailing addresses are
incorporated into the Department of the Navy's address directory,
published as an appendix to the Navy's compilation of systems of
records notices, or write to the Director, Judge Advocate Division,
Headquarters, U.S. Marine Corps, Washington, DC 20380-1775.
Written requests for information should contain the full name,
Social Security Number, and military status.
For personal visits, the individual should be able to provide a
military identification card, a DD Form 214, or a driver's license.'
Delete entry and replace with `Individuals seeking access to
information about themselves that may be contained in this system
should address written inquiries to the Commanding Officer of the unit
concerned. U.S. Marine Corps official mailing addresses are
incorporated into the Department of the Navy's address directory,
published as an appendix to the Navy's compilation of systems of
records notices, or write to the Director, Judge Advocate Division,
Headquarters, U.S. Marine Corps, Washington, DC 20380-1775.
Written requests for information should contain the full name,
Social Security Number, and military status.
For personal visits, the individual should be able to provide a
military identification card, a DD Form 214, or a driver's license.'
Delete entry and replace with `The USMC rules for contesting
contents and appealing initial agency determinations are published in
Secretary of the Navy Instruction 5211.5; Marine Corps Order P5211.2;
32 CFR part 701; or may be obtained from the system manager.'
Delete entry and replace with `Individual concerned, witnesses to
the incident in question or parties concerned therewith, officer
investigating the incident, documents or items of real evidence,
documents pertaining to the review, action or authorities charged with
making a review or taking action.'
* * * * *
MFD00009
Marine Corps Command Legal Files.
All Marine Corps commands whhose commander or officer in charge has
the authority to convene a specialsourts-martial. See 10 U.S.C. 826 and
the U.S. Marine Corps official mailing addresses which are incorporated
into the Department of the Navy's address directory, published as an
appendix to the Navy's compilation of systems of records notices.
Civilian employees of the Department of Defense or guests who have
visited Marine Corps installations who have allegedly committed
criminal offenses aboard a military installation or whose conduct has
been subject to investigation.
Any Marine or Navy service member who is the subject of the
disciplinary action under the provisions of the Uniform Code of
Military Justice (10 U.S.C. 801) who has been the subject of
administrative discharge action pursuant to the provisions of Marine
Corps Order P1900.16); or who has been the subject of an investigation
(JAG Manual investigations) convened pursuant to the provisions of the
Uniform Code of Military Justice or the Manual of the Judge Advocate
General (JAG Instruction 5800.7) or any other type of investigation or
inquiry.
Records of disciplinary proceedings, including courts-martial
records and records of nonjudicial punishments with supporting
documents, military justice management information pre-post trial
(e.g., courts-martial docketing logs, reports of cases tried, etc.),
pre-disciplinary inquires and investigations and documentation
pertaining to post-hearing/trial review, clemency action, appellate
leave or other personnel action related to or resulting from courts-
martial, JAG Manual investigations pertaining to claims, line of duty
misconduct determinations, command irregularities, and unusual
incidents or accidents with supporting documentation and post-
investigation review and actions. Inquiries made into incidents or
situations which result in disbarment of an individual or from entry
upon a military installation, referral to base traffic court or
civilian, [[Page 7525]] federal, state or local judicial or law
enforcement authorities. Recommendations for administrative discharge
with supporting documentation, including records of any hearing held
and any review or other action taken with respect to the discharge
recommendations.
5 U.S.C. 301; 10 U.S.C. 801, et. seq; 18 U.S.C. 382; and E.O. 9397.
To provide a record of actions for use by commanding officers or
officers in charge who have authority to convene a special courts-
martial. The records are used as required to initiate, refer or
complete appropriate disciplinary proceedings.
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:
The `Blanket Routine Uses' set forth at the beginning of the Marine
Corp's compilation of systems of records notices apply to this system.
Paper records in file folders.
Retrieved by name or service member involved or chronologically
with cross-reference to individual involved.
Records are kept in either locked cabinets or guarded or locked
buildings.
Two years or as provided in the Manual of the Judge Advocate
General (JAG Instruction 5800.7).
Commanding Officer of the unit concerned. Official mailing
addresses are published as an appendix to the Navy's compilation of
systems of records notices, or information may be obtained from the
Director, Judge Advocate Division, Headquarters, U.S. Marine Corps,
Washington, DC 20380-1775.
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the Commanding Officer of the unit concerned. U.S. Marine Corps
official mailing addresses are incorporated into the Department of the
Navy's address directory, published as an appendix to the Navy's
compilation of systems of records notices, or write to the Director,
Judge Advocate Division, Headquarters, U.S. Marine Corps, Washington,
DC 20380-1775.
Written requests for information should contain the full name,
Social Security Number, and military status.
For personal visits, the individual should be able to provide a
military identification card, a DD Form 214, or a driver's license.
Individuals seeking access to information about themselves that may
be contained in this system should address written inquiries to the
Commanding Officer of the unit concerned. U.S. Marine Corps official
mailing addresses are incorporated into the Department of the Navy's
address directory, published as an appendix to the Navy's compilation
of systems of records notices, or write to the Director, Judge Advocate
Division, Headquarters, U.S. Marine Corps, Washington, DC 20380-1775.
Written requests for information should contain the full name,
Social Security Number, and military status.
For personal visits, the individual should be able to provide a
military identification card, a DD Form 214, or a driver's license.
The USMC rules for contesting contents and appealing initial agency
determinations are published in Secretary of the Navy Instruction
5211.5; Marine Corps Order P5211.2; 32 CFR part 701; or may be obtained
from the system manager.
Individual concerned, witnesses to the incident in question or
parties concerned therewith, officer investigating the incident,
documents or items of real evidence, documents pertaining to the
review, action or authorities charged with making a review or taking
action.
None.
[FR Doc. 95-3026 Filed 2-7-95; 8:45 am]
BILLING CODE 5000-04-F
