99-9219. Privacy Act of 1974; System of Records  

  • [Federal Register Volume 64, Number 71 (Wednesday, April 14, 1999)]
    [Notices]
    [Pages 18410-18416]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-9219]
    
    
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    DEPARTMENT OF DEFENSE
    
    Department of the Navy
    
    
    Privacy Act of 1974; System of Records
    
    AGENCY: Department of the Navy, DoD.
    ACTION: Amend record systems.
    
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    SUMMARY: The Department of the Navy proposes to amend five systems of 
    records notices in its inventory of record systems subject to the 
    Privacy Act of 1974 (5 U.S.C. 552a), as amended.
    DATES: The actions will be effective on May 14, 1999, unless comments 
    are received that would result in a contrary determination.
    ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy 
    Branch, Chief of Naval Operations (N09B30), 2000 Navy Pentagon, 
    Washington, DC 20350-2000.
    FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at (202) 685-6545 or 
    DSN 325-6545.
    SUPPLEMENTARY INFORMATION: The Department of the Navy's 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 Department of the Navy proposes to amend systems of records 
    notices in its inventory of record systems subject to the Privacy Act 
    of 1974 (5 U.S.C. 552a), as amended. The amendments are 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 system 
    reports.
        Dated: April 8, 1999.
    
    L. M. Bynum,
    Alternate OSD Federal Register Liaison Officer, Department of Defense.
    N01000-2
    
    System name:
        Naval Discharge Review Board Proceedings (March 18, 1997, 62 FR 
    12806).
    
    Changes:
    * * * * *
    
    System location:
        Delete entry and replace with `Naval Discharge Review Board, 
    Washington
    
    [[Page 18411]]
    
    Navy Yard, 720 Kennon Street SE, Room 309, Washington, DC 20374-5023.'
    * * * * *
    
    Safeguards:
        Delete entry and replace with `Computerized data base is password 
    protected and access is limited. The office is locked at the close of 
    business. The office is located in a building on a military 
    installation which has 24-hour gate sentries and 24-hour roving 
    patrols.'
    * * * * *
    
    System manager(s) and address:
        Delete entry and replace with `Director, Naval Council of Personnel 
    Boards, Department of the Navy, Washington Navy Yard, 720 Kennon Street 
    SE, Room 309, Washington, DC 20374-5023.'
    * * * * *
    N01000-2
    
    System name:
        Naval Discharge Review Board Proceedings.
    
    System location:
        Naval Discharge Review Board, Washington Navy Yard, 720 Kennon 
    Street SE, Room 309, Washington, DC 20374-5023.
    
    Categories of individuals covered by the system:
        Former Navy and Marine Corps personnel who have submitted 
    applications for review of discharge or dismissal pursuant to 10 U.S.C. 
    1553, or whose discharge or dismissal has been or is being reviewed by 
    the Naval Discharge Review Board, on its own motion, or pursuant to an 
    application by a deceased former member's next of kin.
    
    Categories of records in the system:
        The file contains the former member's application for review of 
    discharge or dismissal, any supporting documents submitted therewith, 
    copies of correspondence between the former member or his counsel and 
    the Naval Discharge Review Board and other correspondence concerning 
    the case, and a summarized record of proceedings before the Board.
    
    Authority for maintenance of the system:
        10 U.S.C. 1553 and E.O. 9397 (SSN).
    
    Purpose(s):
        Selected information is used to defend the Department of the Navy 
    in civil suits filed against it in the State and/or Federal courts 
    system. This information will permit officials and employees of the 
    Board to consider former member's applications for review of discharge 
    or dismissal and any subsequent application by the member; to answer 
    inquiries on behalf of or from the former member or counsel regarding 
    the action taken in the former member's case. The file is used by 
    members of the Board for Correction of Naval Records when reviewing any 
    subsequent application by the former member for a correction of records 
    relative to the former member's discharge or dismissal.
    
    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:
        The file is used by counsel for the former member, and by 
    accredited representatives of veterans' organizations recognized by the 
    Secretary, Department of Veterans Affairs under 38 U.S.C. 3402 and duly 
    designated by the former member as his or her representative before the 
    Naval Discharge Review Board.
        Officials of the Department of Justice and the United States 
    Attorneys offices assigned to the particular case.
        The `Blanket Routine Uses' that appear at the beginning of the 
    Navy'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 in file folders; microfiche; plastic recording disks; 
    recording cassettes; and computerized data base.
    
    Retrievability:
        Name, docket number, and/or Social Security Number.
    
    Safeguards:
        Computerized data base is password protected and access is limited. 
    The office is locked at the close of business. The office is located in 
    a building on a military installation which has 24-hour gate sentries 
    and 24-hour roving patrols.
    
    Retention and disposal:
        Files are transferred to the Washington Federal Records Center, 
    4205 Suitland Road, Suitland, MD 20409 when case is closed and then 
    destroyed after 15 years.
    
    System manager(s) and address:
        Director, Naval Council of Personnel Boards, Department of the 
    Navy, Washington Navy Yard, 720 Kennon Street SE, Room 309, Washington, 
    DC 20374-5023.
    
    Notification procedure:
        Individuals seeking to determine whether information about 
    themselves is contained in this system should address written inquiries 
    to the Director, Naval Council of Personnel Boards, Department of the 
    Navy, Washington Navy Yard, 720 Kennon Street SE, Room 309, Washington, 
    DC 20374-5023.
    
    Record access procedures:
        Individuals seeking access to information about themselves 
    contained in this system should address written inquiries to the 
    Director, Naval Council of Personnel Boards, Department of the Navy, 
    Washington Navy Yard, 720 Kennon Street SE, Room 309, Washington, DC 
    20374-5023.
    
    Contesting record procedures:
        The Navy's rules for accessing records, and for contesting contents 
    and appealing initial agency determinations are published in Secretary 
    of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained 
    from the system manager.
    
    Record source categories:
        Information contained in the files is obtained from the former 
    member or those acting on the former member's behalf, from military 
    personnel and medical records, and from records of law enforcement 
    investigations.
    
    Exemptions claimed for the system:
        None.
    N01000-5
    
    System name:
        Naval Clemency and Parole Board Files (July 22, 1997, 62 FR 39225).
    
    Changes:
    * * * * *
    
    SSystem location:
        Delete entry and replace with `Naval Clemency and Parole Board, 
    Washington Navy Yard, 720 Kennon Street SE, Room 309, Washington, DC 
    20374-5023.'
    * * * * *
    
    System manager(s) and address:
        Delete entry and replace with `Director, Naval Council of Personnel 
    Boards, Department of the Navy, Washington Navy Yard, 720 Kennon Street 
    SE, Room 309, Washington, DC 20374-5023.'
    * * * * *
    
    [[Page 18412]]
    
    N01000-5
    
    System name:
        Naval Clemency and Parole Board Files.
    
    System location:
        Naval Clemency and Parole Board, Washington Navy Yard, 720 Kennon 
    Street SE, Room 309, Washington, DC 20374-5023.
    
    Categories of individuals covered by the system:
        Members or former members of the Navy, Marine Corps, or Coast Guard 
    whose cases have been or are being considered by the Naval Clemency and 
    Parole Board.
    
    Categories of records in the system:
        The file contains individual applications for clemency and/or 
    parole, reports and recommendations thereon indicating progress in 
    confinement or while awaiting completion of appellate review if not 
    confined, or on parole; correspondence between the individual or his 
    counsel and the Naval Clemency and Parole Board or other Navy offices; 
    other correspondence concerning the case; the court-martial order and 
    staff Judge Advocate's review; records of trial; and a summarized 
    record of the proceedings of the Board.
    
    Authority for maintenance of the system:
        10 U.S.C. 874(a), 952-954; SECNAVINST 5815.3H, Department of the 
    Navy Clemency and Parole Systems; and E.O. 9397 (SSN).
    
    Purpose(s):
        The file is used in conjunction with periodic review of the 
    member's or former member's case to determine whether or not clemency 
    or parole is warranted. The file is referred to in answering inquiries 
    from the member or former member or their counsel. The file is referred 
    to by the Naval Discharge Review Board and the Board for Correction of 
    Naval Records in conjunction with their subsequent review of 
    applications from members or former members. The file is also used by 
    counsel in connection with representation of members or former members 
    before the Naval Clemency and Parole Board.
    
    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:
        The `Blanket Routine Uses' that appear at the beginning of the 
    Navy'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 and computerized data base.
    
    Retrievability:
        Name and Social Security Number.
    
    Safeguards:
        Files are kept within the Naval Clemency and Parole Board 
    administration office. Access during business hours is controlled by 
    Board personnel. The office is locked at the close of business. 
    Computerized data base is password protected.
    
    Retention and disposal:
        Files are transferred to the Washington National Records Center, 
    4205 Suitland Road, Suitland, MD 20409 one year after discharge of 
    individual from the naval service. Files are destroyed after 25 years 
    after cut-off.
    
    System manager(s) and address:
        Director, Naval Council of Personnel Boards, Department of the 
    Navy, Washington Navy Yard, 720 Kennon Street SE, Room 309, Washington, 
    DC 20374-5023.
    
    Notification procedure:
        Individuals seeking to determine whether information about 
    themselves is contained in this system should address written inquiries 
    to the Director, Naval Council of Personnel Boards, Department of the 
    Navy, Washington Navy Yard, 720 Kennon Street SE, Room 309, Washington, 
    DC 20374-5023.
        Requests should contain full name and Social Security Number.
    
    Record access procedures:
        Individuals seeking access to information about themselves 
    contained in this system should address written inquiries to the 
    Director, Naval Council of Personnel Boards, Department of the Navy, 
    Washington Navy Yard, 720 Kennon Street SE, Room 309, Washington, DC 
    20374-5023.
        Requests should contain full name and Social Security Number.
    
    Contesting record procedures:
        The Navy's rules for accessing records, and for contesting contents 
    and appealing initial agency determinations are published in Secretary 
    of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained 
    from the system manager.
    
    Record source categories:
        Information contained in the file is obtained from the member or 
    former member or from those acting in their behalf, from confinement 
    facilities, from military commands and offices, from personnel service 
    records and medical records, and from civilian law enforcement agencies 
    or individuals.
    
    Exemptions claimed for the system:
        Parts of this system may be exempt pursuant to 5 U.S.C. 552a(j)(2) 
    if the information is compiled and maintained by a component of the 
    agency which performs as its principle function any activity pertaining 
    to the enforcement of criminal laws.
        An exemption rule for this system has been promulgated in 
    accordance with requirements of 5 U.S.C. 553(b)(1), (2), and 3, (c) and 
    (e) and published in 32 CFR part 701, subpart G. For additional 
    information contact the system manager.
    N01770-3
    
    System name:
        Naval Academy Cemetery and Columbarium Records (September 9, 1996, 
    61 FR 47483).
    
    Changes:
    * * * * *
    
    System location:
        Delete entry and replace with `Chaplains Center, Mitscher Hall, 
    U.S. Naval Academy, 101 Cooper Road, Annapolis, MD 21402-5027.'
    * * * * *
    
    Storage:
        Add to entry `and computer generated reports.'
    * * * * *
    
    System manager(s) and address:
        Delete entry and replace with `Memorial Affairs Coordinator, U.S. 
    Naval Academy, Mitscher Hall, 101 Cooper Road, Annapolis, MD 21402-
    5027.'
    * * * * *
    N01770-3
    
    System name:
        Naval Academy Cemetery and Columbarium Records.
    
    System location:
        Chaplains Center, Mitscher Hall, U.S. Naval Academy, 101 Cooper 
    Road, Annapolis, MD 21402-5027.
    
    Categories of individuals covered by the system:
        Those eligible to reserve a lot for future burial in the Naval 
    Academy Cemetery. Deceased individuals
    
    [[Page 18413]]
    
    interred/inured in the Naval Academy Cemetery/Columbarium.
    
    Categories of records in the system:
        State Burial Transit Permit, Application for Reimbursement of 
    Headstone or Marker Expenses (VA Form 21-8834), Application of Standard 
    Government Headstone or Marker for Installation in a Private or Local 
    Cemetery (VA Form 40-1330), Lot Marker (NDW-USNA-DMC-1170/08), 
    Columbarium Niche Cover Inscription (NDW-USNA-DMC-5370/42), U.S. Naval 
    Academy Internment/Inurement Record (NDW-USNA-DMC-5360/43), U.S. Naval 
    Academy Cemetery Record (NDW-USNA-DMC-1170/46), Naval Academy 
    Foundation Order (NDW-USNA-DMC-5360/09), and correspondence to and from 
    individuals. Specifically, information contained on the forms or 
    correspondence may be: Full name, home address, rank, service, Social 
    Security Number, date and place of birth, date and place of death, 
    marital status, name of father and mother, name of next of kin and 
    their address, telephone number, date of birth and date of death (if 
    applicable), date and place of burial, lot number and other information 
    relating to burial arrangements.
    
    Authority for maintenance of the system:
        5 U.S.C. 301, Departmental Regulations; 10 U.S.C. 1481-1488; 44 
    U.S.C. 3101; and E.O. 9397 (SSN).
    
    Purpose(s):
        To maintain official records of individuals holding grave site 
    reservations and/or individuals interred/inured in the Naval Academy 
    Cemetery or Columbarium. Records are used to respond to general 
    inquiries from individuals holding grave site reservations, to verify 
    eligibility of spouses of an officer or enlisted person of the Navy or 
    Marine Corps who is interred/inured in the Naval Academy Cemetery or 
    Columbarium.
    
    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:
        The `Blanket Routine Uses' that appear at the beginning of the 
    Navy'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 in file folders, microfiche, and computer generated 
    reports.
    
    Retrievability:
        Alphabetically by last name and numerically by lot number.
    
    Safeguards:
        Records are kept in a building not open to general visiting and are 
    maintained in an area accessible only to authorized personnel. Building 
    is under surveillance of security personnel during non-working hours. 
    Microfiche records are kept in the Naval Academy Archives which is not 
    open to general visiting and is locked during non-working hours.
    
    Retention and disposal:
        Records are permanent. They are retained after the individual is 
    deceased.
    
    System manager(s) and address:
        Memorial Affairs Coordinator, U.S. Naval Academy, Mitscher Hall, 
    101 Cooper Road, Annapolis, MD 21402-5027.
    
    Notification procedure:
        Individuals seeking to determine whether information about 
    themselves is contained in this system should address written inquiries 
    to the Memorial Affairs Coordinator, U.S. Naval Academy, Mitscher Hall, 
    101 Cooper Road, Annapolis, MD 21402-5027.
        Requests should contain name, rank, and year of graduation from the 
    U.S. Naval Academy.
    
    Record access procedures:
        Individuals seeking access to information about themselves 
    contained in this system should address written inquiries to the 
    Memorial Affairs Coordinator, U.S. Naval Academy, Mitscher Hall, 101 
    Cooper Road, Annapolis, MD 21402-5027.
        Requests should contain name, rank, and year of graduation from the 
    U.S. Naval Academy.
    
    Contesting record procedures:
        The Navy's rules for accessing records, and for contesting contents 
    and appealing initial agency determinations are published in Secretary 
    of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained 
    from the system manager.
    
    Record source categories:
        Information in this system comes from the individual to whom it 
    applies, the next of kin, and from the Register of the Alumni.
    
    Exemptions claimed for the system:
        None.
    N01850-1
    
    System name:
        Origins of Disabilities for Retired Military Members (February 22, 
    1993, 58 FR 10727).
    
    Changes:
    * * * * *
    
    System name:
        Delete entry and replace with `Disabilities of Separated/Retired 
    Military Members'.
    
    System location:
        Delete entry and replace with `Office of the Judge Advocate General 
    (Code 13), Department of the Navy, Washington Navy Yard, 1322 Patterson 
    Avenue, SE, Suite 3000, Washington, DC 20374-5066.'
    
    Categories of individuals covered by the system:
        Delete entry and replace with `Retired or former members of the 
    Navy or Marine Corps who have been separated for a disability or placed 
    on the Temporary Disability Retired List or Permanent Disability 
    Retired List who have applied for income tax exclusion and/or applied 
    for Federal civilian employment or retirement.'
    
    Categories of records in the system:
        Delete entry and replace with `Correspondence from individual 
    originating request; Office of Personnel Management or any federal 
    agencies employing such individuals; Chief, Bureau of Medicine and 
    Surgery historical narratives and opinions concerning the origins of 
    disabilities of individuals on whom determinations have been requested; 
    copies of Judge Advocate General determinations; and related 
    correspondence.'
    
    Authority for maintenance of the system:
        Delete entry and replace with `5 U.S.C. 301, Departmental 
    Regulations; 5 U.S.C. 3501(a), 5532(d), 6303(a), 8332(c), 8411(b); 26 
    U.S.C. 104(b); 44 U.S.C. 3101; and 50 U.S.C. 403, 2082.'
    
    Purpose(s):
        Delete entry and replace with `Information is used for 
    determinations concerning the eligibility of individuals to certain 
    benefits connected with Federal taxation of compensation for
    
    [[Page 18414]]
    
    injuries or sickness and/or Federal civilian employment benefits 
    available to those disabled in combat with enemies of the U.S. or 
    having disabilities caused or aggravated by instrumentalities of war or 
    in the case of federal taxation only, an injury or sickness incurred 
    while engaged in extra-hazardous service or under conditions simulating 
    war.'
    
    Routine uses of records maintained in the system, including categories 
    of users and the purposes of such uses:
        Amend second paragraph to read `Determinations are provided, upon 
    request, to any Federal agency employing members who are retired or 
    separated from the Naval service for disability.'
    * * * * *
    
    System manager(s) and address:
        Delete entry and replace with `Assistant Judge Advocate General 
    (Administrative Law), Office of the Judge Advocate General, Washington 
    Navy Yard, 1322 Patterson Avenue SE, Suite 3000, Washington, DC 20374-
    5066.'
    * * * * *
    N01850-1
    
    System name:
        Disabilities of Separated/Retired Military Members.
    
    System location:
        Office of the Judge Advocate General (Code 13), Department of the 
    Navy, Washington Navy Yard, 1322 Patterson Avenue, SE, Suite 3000, 
    Washington, DC 20374-5066.
    
    Categories of individuals covered by the system:
        Retired or former members of the Navy or Marine Corps who have been 
    separated for a disability or placed on the Temporary Disability 
    Retired List or Permanent Disability Retired List who have applied for 
    income tax exclusion and/or applied for Federal civilian employment or 
    retirement.
    
    Categories of records in the system:
        Correspondence from individual originating request; Office of 
    Personnel Management or any federal agencies employing such 
    individuals; Chief, Bureau of Medicine and Surgery historical 
    narratives and opinions concerning the origins of disabilities of 
    individuals on whom determinations have been requested; copies of Judge 
    Advocate General determinations; and related correspondence.
    
    Authority for maintenance of the system:
        5 U.S.C. 301, Departmental Regulations; 5 U.S.C. 3501(a), 5532(d), 
    6303(a), 8332(c), 8411(b); 26 U.S.C. 104(b); 44 U.S.C. 3101; and 50 
    U.S.C. 403, 2082.
    
    Purpose(s):
        Information is used for determinations concerning the eligibility 
    of individuals to certain benefits connected with Federal taxation of 
    compensation for injuries or sickness and/or Federal civilian 
    employment benefits available to those disabled in combat with enemies 
    of the U.S. or having disabilities caused or aggravated by 
    instrumentalities of war or in the case of federal taxation only, an 
    injury or sickness incurred while engaged in extra-hazardous service or 
    under conditions simulating war.
    
    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:
        Determinations are provided, upon request, to any Federal agency 
    employing members who are retired or separated from the Naval service 
    for disability.
        The `Blanket Routine Uses' that appear at the beginning of the 
    Navy's compilation of system of record notices also apply to this 
    system.
    
    Policies and practices for storing, retrieving, accessing, retaining, 
    and disposing of records in the system:
    Storage:
        Records are maintained in file folders.
    
    Retrievability:
        By name of individual.
    
    Safeguards:
        Files are maintained in file cabinets under the control of 
    authorized personnel during working hours; the office space in which 
    the file cabinets are located is locked outside official working hours.
    
    Retention and disposal:
        Retire to Washington National Records Center, 4205 Suitland Road, 
    Suitland, MD 20409 for storage when one year old. Destroy when 75 years 
    old.
    
    System manager(s) and address:
        Assistant Judge Advocate General (Administrative Law), Office of 
    the Judge Advocate General, Washington Navy Yard, 1322 Patterson Avenue 
    SE, Suite 3000, Washington, DC 20374-5066.
    
    Notification procedure:
        Individuals seeking to determine whether this system of records 
    contains information about themselves should address written inquiries 
    to the Assistant Judge Advocate General (Administrative Law), Office of 
    the Judge Advocate General, Washington Navy Yard, 1322 Patterson Avenue 
    SE, Suite 3000, Washington, DC 20374-5066.
        The request should contain the full name of the individual 
    concerned and the approximate date on which relief was requested. 
    Written request must be signed by the requesting individual. Visits may 
    be made to the Administrative Law Division (Code 13), Office of the 
    Judge Advocate General, Suite 7000, Presidential Towers, 2611 South 
    Jefferson Davis Highway, Arlington, VA 22209. Armed Forces' 
    identification card or state driver's license is required for 
    identification.
    
    Record access procedures:
        Individuals seeking access to records about themselves should 
    address written inquiries to the Assistant Judge Advocate General 
    (Administrative Law), Office of the Judge Advocate General, Washington 
    Navy Yard, 1322 Patterson Avenue SE, Suite 3000, Washington, DC 20374-
    5066.
        The request should contain the full name of the individual 
    concerned and the approximate date on which relief was requested. 
    Written request must be signed by the requesting individual. Visits may 
    be made to the Administrative Law Division (Code 13), Office of the 
    Judge Advocate General, Suite 7000, Presidential Towers, 2611 South 
    Jefferson Davis Highway, Arlington, VA 22209. Armed Forces' 
    identification card or state driver's license is required for 
    identification.
    
    Contesting record procedures:
        The Navy's rules for accessing records, and for contesting contents 
    and appealing initial agency determinations are published in Secretary 
    of the Navy Instruction 5211.5; 32 CFR Part 701; or may be obtained 
    from the system manager.
    
    Record source categories:
        Employment information in the system is submitted by the 
    individuals concerned or the federal agencies employing them. Medical 
    information in the system is obtained from the individuals' medical 
    records, physical evaluation board records, and service records.
    
    [[Page 18415]]
    
    Exemptions claimed for the system:
        None.
    N01850-2
    
    System name:
        Physical Disability Evaluation System Proceedings (March 18, 1997, 
    62 FR 12806).
    
    Changes:
    * * * * *
    
    System location:
        Delete entry and replace with `Physical Evaluation Board, 
    Washington Navy Yard, 720 Kennon Street SE, Room 309, Washington, DC 
    20374-5023.'
    * * * * *
    
    Safeguards:
        Replace last sentence of entry with `The office is located in a 
    building on a military installation which has 24-hour gate sentries and 
    24-hour roving patrols.'
    * * * * *
    
    System manager(s) and address:
        Delete entry and replace with `Director, Naval Council of Personnel 
    Boards, Department of the Navy, Washington Navy Yard, 720 Kennon Street 
    SE, Room 309, Washington, DC 20374-5023.'
    * * * * *
    N01850-2
    
    System name:
        Physical Disability Evaluation System Proceedings.
    
    System location:
        Physical Evaluation Board, Washington Navy Yard, 720 Kennon Street 
    SE, Room 309, Washington, DC 20374-5023.
    
    Categories of individuals covered by the system:
        All Navy and Marine Corps personnel who have been considered by a 
    Physical Evaluation Board for separation or retirement by reason of 
    physical disability (including those found fit for duty by such 
    boards).
    
    Categories of records in the system:
        File contains medical board reports; statements of findings of 
    physical evaluation boards; medical reports from Department of Veterans 
    Affairs and civilian medical facilities; copies of military health 
    records; copies of JAG Manual investigations; copies of prior actions/
    appellate actions/review taken in the case; recordings of physical 
    evaluation board hearings; rebuttals submitted by the member; intra and 
    interagency correspondence concerning the case; correspondence from and 
    to the member, members of Congress, attorneys, and other interested 
    members; and documents concerning the appointment of trustees for 
    mentally incompetent service members.
    
    Authority for maintenance of the system:
        10 U.S.C. 1216 and E.O. 9397 (SSN).
    
    Purpose(s):
        To determine fitness for duty or eligibility for separation or 
    retirement due to physical disability of Navy and Marine Corps 
    personnel, by establishing the existence of disability, the degree of 
    disability, and the circumstances under which the disability was 
    incurred, and to respond to official inquiries concerning the 
    disability evaluation proceedings of particular service personnel.
        Used by the Office of the Judge Advocate General relating to legal 
    review of disability evaluation proceedings; response to official 
    inquiries concerning the disability evaluation proceedings of 
    particular service personnel; to obtain information in order to 
    initiate claims against third parties for recovery of medical expenses 
    under the Medical Care Recovery Act (42 U.S.C. 2651-2653); and to 
    obtain information on personnel determined to be mentally incompetent 
    to handle their own financial affairs, in order to appoint trustees to 
    receive their retired pay.
    
    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 officials and employees of the Department of Veterans Affairs to 
    verify information of service connected disabilities in order to 
    evaluate applications for veteran's benefits.
        The `Blanket Routine Uses' that appear at the beginning of the 
    Navy'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 and automated records, microfiche, and cassette recordings.
    
    Retrievability:
        Year of disability proceeding, name, record number, and Social 
    Security Number within that year.
    
    Safeguards:
        Files are maintained in file cabinets or other storage devices 
    under the control of authorized personnel during working hours. 
    Computerized system is password protected. Access during working hours 
    is controlled by Board personnel and the office space in which the file 
    cabinets and storage devices are located is locked after official 
    working hours. The office is located in a building on a military 
    installation which has 24-hour gate sentries and 24-hour roving 
    patrols.
    
    Retention and disposal:
        Records are retained on-site at the Naval Council of Personnel 
    Boards for one year. After that, they are retired to the Washington 
    National Records Center, 4205 Suitland Road, Suitland, MD 20409 for 
    retention. After a total of 75 years, records are destroyed.
    
    System manager(s) and address:
        Director, Naval Council of Personnel Boards, Department of the 
    Navy, Washington Navy Yard, 720 Kennon Street SE, Room 309, Washington, 
    DC 20374-5023.
    
    Notification procedure:
        Individuals seeking to determine whether information about 
    themselves is contained in this system should address written inquiries 
    to the Director, Naval Council of Personnel Boards, Department of the 
    Navy, Washington Navy Yard, 720 Kennon Street SE, Room 309, Washington, 
    DC 20374-5023.
        Written requests for information should contain the full name of 
    the individual, military grade or rate, and date of Disability 
    Evaluation System action. Written requests must be signed by the 
    requesting individual.
    
    Record access procedures:
        Individuals seeking access to information about themselves 
    contained in this system should address written inquiries to the 
    Director, Naval Council of Personnel Boards, Department of the Navy, 
    Washington Navy Yard, 720 Kennon Street SE, Room 309, Washington, DC 
    20374-5023.
        Written requests for information should contain the full name of 
    the individual, military grade or rate, and date of Disability 
    Evaluation System action. Written requests must be signed by the 
    requesting individual.
    
    Contesting record procedures:
        The Navy's rules for accessing records, and for contesting contents 
    and appealing initial agency determinations are published in Secretary 
    of the Navy Instruction 5211.5; 32 CFR part 701; or
    
    [[Page 18416]]
    
    may be obtained from the system manager.
    
    Record source categories:
        Military medical boards and medical facilities; Department of 
    Veterans Affairs and civilian medical facilities; physical evaluation 
    boards and other activities of the disability evaluation system, Naval 
    Council of Personnel Boards, the Bureau of Medicine and Surgery; the 
    Judge Advocate General; Navy and Marine Corps local command activities; 
    other activities of the Department of Defense; and correspondence from 
    private counsel and other interested persons.
    
    Exemptions claimed for the system:
        None.
    [FR Doc. 99-9219 Filed 4-13-99; 8:45 am]
    BILLING CODE 5001-10-F
    
    
    

Document Information

Effective Date:
5/14/1999
Published:
04/14/1999
Department:
Navy Department
Entry Type:
Notice
Action:
Amend record systems.
Document Number:
99-9219
Dates:
The actions will be effective on May 14, 1999, unless comments are received that would result in a contrary determination.
Pages:
18410-18416 (7 pages)
PDF File:
99-9219.pdf