[Federal Register Volume 64, Number 88 (Friday, May 7, 1999)]
[Notices]
[Pages 24619-24627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11442]
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DEPARTMENT OF DEFENSE
Department of the Navy
Privacy Act of 1974; System of Records Notice
AGENCY: Department of the Navy, DoD.
ACTION: Notice to amend records systems.
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SUMMARY: The Department of the Navy proposes to amend seven 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 amendments will be effective on June 7, 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 seven 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 changes to the
systems of records 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 systems reports. The records systems being
amended are set forth below, as amended, published in their entirety.
Dated: May 3, 1999.
L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
N05810-2
System name:
Military Justice Correspondence and Information File (February 22,
1993, 58 FR 10774).
Changes:
* * * * *
System location:
Delete entry and replace with `Office of the Judge Advocate General
(Code 20), Department of the Navy, Washington Navy Yard, 716 Sicard
Street SE, Suite 1000, Washington, DC 20374-5047 and duplicate copies
may be maintained in local legal office file.'
* * * * *
N05810-2
System name:
Military Justice Correspondence and Information File.
System location:
Office of the Judge Advocate General (Code 20), Department of the
Navy, Washington Navy Yard, 716 Sicard Street SE, Suite 1000,
Washington, DC 20374-5047 and duplicate copies may be maintained in
local legal office file.
Categories of individuals covered by the system:
Active duty, retired, and discharged Navy and Marine Corps
personnel who were the subject of military justice proceedings or
investigations.
Categories of records in the system:
Files contain background information relevant to specific military
justice cases, and copies of incoming and outgoing correspondence
relating to military justice cases.
Authority for maintenance of the system:
5 U.S.C. 301, Departmental Regulations.
Purpose(s):
To provide a record of individual inquiries and JAG responses
concerning military justice related matters, and to maintain background
information on military justice matters to assist in responding to
inquiries.
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 system notices apply to this system.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
File folders, binder-notebooks, and computer hard drive and floppy
disks.
Retrievability:
Files are kept in alphabetical order according to the last name of
the individual who is the subject of the file.
Safeguards:
Files are maintained in file cabinets and other storage devices
under the control of authorized personnel during working hours; the
office space in which the file cabinets and storage devices are located
is locked outside of working hours.
Retention and disposal:
Records are maintained in office for two years and then forwarded
to the Federal Records Center, Suitland, MD 20409 for storage; files
containing background material are maintained on computer hard drive
for two years and then purged.
System manager(s) and address:
Assistant Judge Advocate General (Military Law), Office of the
Judge Advocate General, Department of the Navy, Washington Navy Yard,
716 Sicard Street SE, Suite 1000, Washington, DC 20374-5047.
Notification procedure:
Individuals seeking to determine whether this system of records
contains information about themselves should address written inquiries
to the Deputy Assistant Judge Advocate General (Criminal Law), Office
of the Judge Advocate General, Department of the Navy, Washington Navy
Yard, 716 Sicard Street SE, Suite 1000, Washington, DC 20374-5047.
Information may be obtained by written request stating the full
name of the individual concerned. Written requests must be signed by
the requesting individual. Personal visits may be made to the Criminal
Law
[[Page 24620]]
Division, Office of the Judge Advocate General at the above address.
Individuals making such visits should be able to provide some
acceptable identification, e.g., Armed Forces' identification card,
driver's license, etc.
Record access procedures:
Individuals seeking to determine whether this system of records
contains information about themselves should address written inquiries
to the Deputy Assistant Judge Advocate General (Criminal Law), Office
of the Judge Advocate General, Department of the Navy, Washington Navy
Yard, 716 Sicard Street SE, Suite 1000, Washington, DC 20374-5047.
Information may be obtained by written request stating the full
name of the individual concerned. Written requests must be signed by
the requesting individual. Personal visits may be made to the Criminal
Law Division, Office of the Judge Advocate General at the above
address. Individuals making such visits should be able to provide some
acceptable identification, e.g., Armed Forces' identification card,
driver's license, etc.
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:
Records in this system are compiled from information received from
naval field offices, records of trial, and correspondence.
Exemptions claimed for the system:
None.
N05819-4
System name:
Complaints of Wrong Under Article 138/Article 1150 (September 9,
1996, 61 FR 47483).
Changes:
* * * * *
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 and duplicate copies
may be maintained in local legal office files. Complaints, three years
old or older, are stored at the Federal Records Center, Suitland, MD
20409.'
* * * * *
Retrievability:
Delete entry and replace with `Last name of the complainant.'
* * * * *
System manager(s) and address:
Delete entry and replace with `Deputy Assistant Judge Advocate
General (Administrative Law), Department of the Navy, Washington Navy
Yard, 1322 Patterson Avenue, SE, Suite 3000, Washington, DC 20374-
5066.'
* * * * *
N05819-4
System name:
Complaints of Wrong Under Article 138/Article 1150.
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 and duplicate copies may be maintained in
local legal office files. Complaints, three years old or older, are
stored at the Federal Records Center, Suitland, MD 20409.
Categories of individuals covered by the system:
Active duty Navy and Marine Corps personnel who have submitted
complaints of wrong pursuant to Article 138, Uniform Code of Military
Justice, or Article 1150 of the U. S. Navy Regulations (1990) which
have been forwarded to the Secretary of the Navy for final review of
the proceedings.
Categories of records in the system:
Files consist of complaint or report, the investigations into the
complaint or report, the action of the general court-martial authority,
and action of the Secretary of the Navy accumulated at the Office of
the Judge Advocate General.
Authority for maintenance of the system:
Article 138, Uniform Code of Military Justice and Article 1150 of
the U.S. Navy Regulations (1990).
Purpose(s):
Used by JAG as a working file to review and make recommendations to
the Secretary of the Navy on Article 138 and Article 1150 complaints.
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 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.
Retrievability:
Last name of the complainant.
Safeguards:
Files are maintained in file cabinets and other storage devices
under control of authorized personnel during working hours; the office
spaces in which the file cabinets and storage devices are located is
locked outside office working hours. Automated files are password
protected.
Retention and disposal:
Permanent. Retire to Washington National Records Center when 3
years old. Transfer to National Archives and Records Administration
when 20 years old.
System manager(s) and address:
Deputy Assistant Judge Advocate General (Administrative Law),
Department of the Navy, 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 Deputy Assistant Judge Advocate General (Administrative Law),
Department of the Navy, Washington Navy Yard, 1322 Patterson Avenue,
SE, Suite 3000, Washington, DC 20374-5066.
The written request should contain full name and the approximate
date the complaint was submitted for review, if known. Written requests
must be signed by the requesting individual.
Record access procedures:
Individuals seeking access to records about themselves contained in
this system of records should address written inquiries to the Deputy
Assistant Judge Advocate General (Administrative Law), Department of
the Navy, Washington Navy Yard, 1322 Patterson Avenue, SE, Suite 3000,
Washington, DC 20374-5066.
The written request should contain full name and the approximate
date the complaint was submitted for review, if known. Written requests
must be signed by the requesting individual
[[Page 24621]]
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:
Complainant; investigatory files; individuals interviewed.
Exemptions claimed for the system:
None.
N05830-1
System name:
JAG Manual Investigative Records (February 22, 1993, 58 FR 10782).
Changes:
* * * * *
System location:
Delete entry and replace with `For those records of incidents
occurring prior to 1996, and all Litigation type investigations: Office
of the Judge Advocate General (Code 35), Department of the Navy,
Washington Navy Yard, 1322 Patterson Avenue, SE, Suite 3000,
Washington, DC 20374-5066.
For all other incidents occurring after 1996: the General Court
Martial Convening Authority of the activity in question. Official
mailing addresses are published as an appendix to the Navy's
compilation of system of records notices.'
* * * * *
Retention and disposal:
Delete entry and replace with `The records are retained for 75
years. All naval activities which prepare JAG manual Investigative
Reports or Command Investigations or which are intermediate addresses,
typically retain duplicate copies in local files for a two year period.
The release authority or the General Court Martial Convening authority
retires his reports after two years to a Federal Storage Facility where
they are retained for 75 years.'
* * * * *
N05830-1
System name:
JAG Manual Investigative Records.
System location:
For those records of incidents occurring prior to 1996, and all
Litigation type investigations: Office of the Judge Advocate General
(Code 35), Department of the Navy, Washington Navy Yard, 1322 Patterson
Avenue, SE, Suite 3000, Washington, DC 20374-5066.
For all other incidents occurring after 1996: the General Court
Martial Convening Authority of the activity in question. Official
mailing addresses are published as an appendix to the Navy's
compilation of system of records notices.
Categories of individuals covered by the system:
Any individual who participated in, who was involved in, who
incurred an injury, disease, or death in, who was intoxicated (drugs or
alcohol) during, before, or after, or who had an interest in any
accident, incident, transaction, or situation involving or affecting
the Department of the Navy, naval personnel, or any procedure,
operation, material, or design involving the Department of the Navy.
Categories of records in the system:
The records contain all documented evidence relevant to the item
under investigation, together with an investigating officer's report,
which makes findings of fact and expresses opinions and
recommendations, the reviewing authority's actions which either
approved or modified the investigating officer's report or returned the
entire record for further investigation or remedial action to perfect
the record, and, the results of hearings afforded persons who incurred
injuries and diseases, to allow them to explain or rebut adverse
information in the record.
The Judge Advocate General's correspondence to locate and obtain
required investigations is also included in the record. Some records
contain only a field command's explanation as to why an investigation
is not required, together with documents pertinent to this lack of
requirement. Some records contain only an accident, injury, or death
report, prepared for the Department of the Navy by the Army, Air Force,
Coast Guard, or other agency under reciprocal agreements, in situations
where the Navy or Marine Corps could not conduct the investigation.
Authority for maintenance of the system:
Requirement that Enlisted Men Make Up Time Lost Due to Misconduct
or Abuse of Alcohol or Drugs (10 U.S.C. 972(5)); Retirement or
Separation for Physical Disability (10 U.S.C. 1201-1221); E.O. 11476;
Manual for Courts-Martial, paragraph 133b; Uniform Code of Military
Justice (10 U.S.C. 815, 832, 869, 873, 935, 936, and 938-940);
Collection From Third Party Payers Act (10 U.S.C. 2095); Military
Claims Act (10 U.S.C. 2733); Foreign Claims Act (10 U.S.C. 2734, 2734a,
2734b); Emergency Payment of Claims (10 U.S.C. 2736); Non-scope Claims
(10 U.S.C. 2737); Duties of the Secretary of the Navy (10 U.S.C. 5013);
Duties of the Office of the Chief of Naval Operations (10 U.S.C. 5031-
5033, 5035-5037); Duties of the Bureaus and Offices of the Department
of the Navy and Duties of the Judge Advocate General (10 U.S.C. 5131-
5153); Duties of the Commandant of the Marine Corps (10 U.S.C. 5043);
Reservist's Disability and Death Benefits (10 U.S.C. 6148); Requirement
of exemplary conduct (10 U.S.C. 5947); Promotion of Accident and
Occupational Safety by the Secretary of the Navy (10 U.S.C. 7205);
Admiralty Claims (10 U.S.C. 7622-23); Public Vessels Act (46 U.S.C.
781-790); Suits in Admiralty Act (46 U.S.C. 741-752); Admiralty
Extension Act (46 U.S.C. 740); Transportation Safety Act (49 U.S.C.
1901); Federal Tort Claims Act (28 U.S.C. 1346, 2671-2680); Financial
Liability of Accountable Officers (31 U.S.C. 82, 89-92); Military
Personnel and Civilian Employee's Claims Act of 1964, as amended (31
U.S.C. 240-243); Federal Claim Collection Acts (31 U.S.C. 71-75, 951-
953); Forfeiture of Pay for Time Lost Due to Incapacitation Caused by
Alcohol or Drug Use (37 U.S.C. 802); Eligibility for Certain Veterans
Benefits (38 U.S.C. 105); Postal claims (39 U.S.C. 712); Federal
Medical Care Recovery Act (42 U.S.C. 2651-2653); General Authority to
Maintain Records (5 U.S.C. 301); Records Management By Agency Heads (44
U.S.C. 3101); and E.O. 9397 (SSN).
Purpose(s):
JAG Manual Investigative Records are used internally within the
Department of the Navy as a basis for evaluating procedures operations,
material, and designs with a view to improving the efficiency and
safety of the Department of the Navy; determinations concerning status
of personnel regarding disability benefits, entitlements to pay during
periods of disability, severance pay, retirement pay, increases of pay
for longevity, survivors' benefits, and involuntary extensions of
enlistments, dates of expiration of active obligated service and
accrual of annual leave; determinations concerning relief of
accountable personnel from liability for losses of public funds or
property; determinations pertaining to disciplinary or punitive action
and evaluation of petitions, grievances, and complaints; adjudication,
pursuit, or defense of claims for or against the
[[Page 24622]]
Government; and public information releases.
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
for use in determinations concerning entitlements to veterans and
survivors' benefits.
To Servicemen's Group Life Insurance administrators for
determinations concerning payment of life insurance proceeds.
To the U.S. Government Accounting Office for purposes of
determinations concerning relief of accountable personnel from
liability for losses of public funds and related fiscal matters.
To contractors for use in connection with settlement, adjudication,
or defense of claims by or against the Government, and for use in
design and evaluation of products, services, and systems.
To agencies of the Federal, State or local law enforcement
authorities, court authorities, administrative authorities, and
regulatory authorities, for use in connection with civilian and
military criminal, civil, administrative, and regulatory proceedings
and actions.
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:
Paper documents and data stored prior to 1985 are stapled together
(with real evidence attached, if any) in paper file folders and stored
in metal file cabinets, on shelves, and in cardboard boxes.
Records of reports received and stored since 1985 are maintained
within a computer data base.
Retrievability:
Records and data stored prior to 1985 are filed in calendar year
groupings by surname of individual, bureau number of aircraft, name of
ship, hull number of unnamed watercraft, or vehicle number of
Government vehicles, or date of incident. Incidents are topically
cross-referenced.
Records stored since 1985 are maintained on data base and are
retrievable from the data base in calendar year groupings by surname,
Social Security Number, bureau number of aircraft, name of ship, hull
number of unmanned watercraft, vehicle number of Government vehicles,
or date of incident. Incidents are topically cross-referenced.
Safeguards:
Files are maintained in file cabinets and other storage devices
under the control of authorized personnel during working hours; the
office spaces in which the file cabinets and storage devices are locked
outside official working hours. Access to the building is protected by
uniformed guards requiring positive identification for admission. The
data base system is protected by user account number and password sign-
on, data base access authority, data set authority for add and delete,
and data item authority for list and update.
Retention and disposal:
The records are retained for 75 years. All naval activities which
prepare JAG manual Investigative Reports or Command Investigations or
which are intermediate addresses, typically retain duplicate copies in
local files for a two year period. The release authority or the General
Court Martial Convening authority retires his reports after two years
to a Federal Storage Facility where they are retained for 75 years.
System manager(s) and address:
Office of the Judge Advocate General (Code 35), Department of the
Navy, Washington Navy Yard, 1322 Patterson Avenue, SE, Suite 3000,
Washington, DC 20374-5066 for those incidents occurring prior to 1996,
and all Litigation type investigations.
For all other incidents occurring after 1996: The General Court
Martial Convening Authority of the activity in question. Official
mailing addresses are published as an appendix to the Navy's
compilation of system of records notices.
Notification procedure:
Individuals seeking to determine whether this system of records
contains information about themselves should address written inquiries
to the Office of the Judge Advocate General (Claims, Investigations,
and Tort Litigation), Department of the Navy, Washington Navy Yard,
1322 Patterson Avenue, SE, Suite 3000, Washington, DC 20374-5066 for
incidents occurring prior to 1996 and all Litigation type
investigations.
All other requests should be directed to the General Court Martial
Convening Authority of the activity in question. Official mailing
addresses are published as an appendix to the Navy's compilation of
system of record notices.
The request should contain as much identifying data as possible,
including, but not limited to the complete names of all individuals
involved, the location and date of incident, the bureau number of
aircraft or name and hull number of ship, government vehicle number,
and type of incident.
Record access procedures:
Individuals seeking access to records about themselves contained in
this system of records should address written inquiries to the Office
of the Judge Advocate General (Claims, Investigations, and Tort
Litigation), Department of the Navy, Washington Navy Yard, 1322
Patterson Avenue, SE, Suite 3000, Washington, DC 20374-5066 for
incidents occurring prior to 1996 and all Litigation type
investigations.
All other requests should be directed to the General Court Martial
Convening Authority of the activity in question. Official mailing
addresses are published as an appendix to the Navy's compilation of
system of record notices.
The request should contain as much identifying data as possible,
including, but not limited to the complete names of all individuals
involved, the location and date of incident, the bureau number of
aircraft or name and hull number of ship, government vehicle number,
and type of incident.
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:
Records of JAG Manual Investigations are compilations of evidence,
information, and data concerning the circumstances of incidents,
accidents, events, transactions, and situations, prepared by
administrative fact-finding bodies of utilization by proper authorities
in making determinations, decisions, or evaluations relating to the
matters under investigation.
Records may contain: (1) testimony or statements of individuals who
are parties to the investigations, witnesses, and others having
pertinent knowledge concerning matters under investigation; (2)
documentary evidence, including records and reports of military or
Federal, state, or foreign, civilian law enforcement investigation,
judicial, or corrections authorities; medical records
[[Page 24623]]
and reports, investigations and accident and injury reports prepared by
federal, state, or foreign governmental agencies or other organizations
or persons; court records and other public records; official logs and
other official naval records; letters and correspondence, personnel,
pay, and medical records; financial records, receipts, and cost
estimates; publications, and other pertinent documents and writings;
(3) pertinent real evidence; and (4) pertinent demonstrative evidence.
Exemptions claimed for the system:
None.
N05890-1
System name:
Claims Information System (February 22, 1993, 58 FR 10786).
Changes:
* * * * *
System location:
Delete paragraph 1, and replace with `Primary location: Office of
the Judge Advocate General (Code 35), Department of the Navy,
Washington Navy Yard, 1322 Patterson Avenue, SE, Suite 3000,
Washington, DC 20374-5066.'
Paragraph 3, line 4, after the word `commands' add `with'.
Paragraph 4, beginning at line 2, delete `U.S. Sending State Office
for Australia;'.
Paragraph 6, line 1, after `Military' add `personnel'.
Categories of individuals covered by the system:
Paragraph 3, line 7, replace `resulting from such tortious conduct'
with `or illness.'
* * * * *
N05890-1
System name:
Claims Information System.
System location:
Primary location: Office of the Judge Advocate General (Code 35),
Department of the Navy, Washington Navy Yard, 1322 Patterson Avenue,
SE, Suite 3000, Washington, DC 20374-5066.
Secondary locations:
Federal Tort Claims Files and Military Claims Files are located at
Naval Legal Service Offices and Detachments, overseas commands with a
Navy or Marine Corps judge advocate attached, and the Federal Records
Center, Suitland, MD. Local commands, with which claims under the
Federal Tort Claims Act or Military Claims Act are initially filed,
retain copies of such claims and accompanying files.
Affirmative Claims Files are located at Naval Legal Service Offices
and Detachments; U.S. Sending State Office For Italy; with overseas
commands with a Navy or Marine Corps judge advocate attached; the
Federal Records Center, Suitland, MD; and such other offices or
officers as may be designated by the Judge Advocate General.
Foreign Claims Files are located at U.S. Sending State Office for
Italy; Naval Missions (including the office of the naval section of
military missions); Military Assistance Advisory Groups (including the
Office of Chiefs, Naval Section, Military Assistance Advisory Groups);
Office of the Naval Advisory to Argentina; naval attaches; any command
which has appointed a Foreign Claims Commission; and the Federal
Records Center, Suitland, MD. Local commands, with which claims under
the Foreign Claims Act are initially filed and which do not have or
choose to appoint a Foreign Claims Commission, retain copies of such
claims and accompanying files.
Nonscope Claims Files are located at Naval Legal Service Offices
and Detachments, and the Federal Records Center, Suitland, MD. Local
commands, with which claims under the `Nonscope' Claims Act are
initially filed, retain copies of such claims and accompanying files.
Military personnel and Civilian Employees' Claims Files are located
at Naval Legal Service Offices and Detachments; the Federal Records
Center, Suitland, MD; naval activities where there are officers
specifically designated by the Judge Advocate General to adjudicate
personnel claims.
U.S. Postal Service Indemnity Claims Files are located at the
Federal Records Center, Suitland, MD 20409.
Categories of individuals covered by the system:
All individuals who have filed claims against the Department of the
Navy under the Federal Tort Claims Act, Military Claims Act, the
`Nonscope' Claims Act, or Military and Civilian Employees' Claims Act.
All individuals who have filed claims with the U.S. Postal Service
for loss or damage to mailed matter, and which claims have been paid by
the U.S. Postal Service and thereafter forwarded for reimbursement by
the Department of the Navy pursuant to 39 U.S.C. 406 and 2601.
All individuals against whom the Navy has claims sounding in tort,
and all individuals who are in the military or retired or are
dependents of military members and have been provided medical care by a
naval medical facility or civilian medical facility for injuries or
illness.
All commercial insurance carriers against whom recovery has been
sought by the Department of the Navy. Any medical personnel involved in
medical malpractice claims against the Department of the Navy.
Categories of records in the system:
The files may contain claims filed, correspondence, investigative
reports, personnel, medical and dental records, x-rays, allied reports
(such as police and U.S. Postal Service investigations), photographs,
drawings, legal research and memoranda, opinions of experts and others,
court documents, reports of injuries to individuals entitled to care at
Navy expense, reports of damage to Navy property, statements of charges
for medical and dental treatment, copies of orders, copies of insurance
policies, government bills of lading, copies of powers of attorney,
estimates of loss or damage, inventories, demands on carriers for
reimbursement, substantiating documents.
Authority for maintenance of the system:
Federal Tort Claims Act (28 U.S.C. 1346(b), 2671-2680); 32 CFR
750.21-750.40; Medical Care Recovery Act (42 U.S.C. 2651-2653);
Collection From Third Party Payers Act (10 U.S.C. 1095); Federal Claims
Collection Act (31 U.S.C. 3701, 3711, 3716-3719); 32 CFR 757.1-757.21;
Foreign Claims Act (10 U.S.C. 2734); Military Claims Act (10 U.S.C.
2733); 32 CFR 750.41-750.60; `Nonscope' Claims Act (10 U.S.C. 2737); 32
CFR 750.60-750.69; Military and Civilian Employees Claims Act (31
U.S.C. 3701, 3721); 32 CFR 751.0-751.3; 10 U.S.C. 1552; 39 U.S.C. 406
and 2601; 5 U.S.C. 301, Departmental Regulations; 44 U.S.C. 3101; and
31 U.S.C. 3729.
Purpose(s):
To manage and evaluate, and process claims both for and against the
Department of the Navy for purposes of adjudication, collection and
litigation.
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 Federal Tort Claims Files and Military Claims Files are used by
the claimant or his authorized representative for those claims for
[[Page 24624]]
which payment is determined proper; to third parties in those cases in
which they indemnify the U.S. Government or to verify claims; to
officials and employees of the General Accounting Office and of the
Department of Treasury for those claims for which payment is determined
proper.
The Affirmative Claims Files are used by insurance companies to
support claims by documenting injuries or diseases for which treatment
was provided at government expense; by civilian attorneys representing
injured parties and the government's interest. For those claims for
which payment is determined proper, the files or portions thereof may
be provided to the Department of the Treasury.
The Nonscope Claims Files are used by officials and employees of
the Department of Justice to defend unauthorized suits brought against
the U.S. under the Military Personnel and Civilian Employees' Claim
Act. To the claimant of his/her authorized representative.
The `Blanket Routine Uses' that appear at the beginning of the
Navy's compilation of system of records notices also 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 stored in file cabinets or other
storage devices. Some records are also maintained on magnetic disc,
magnetic tape, or within a computer system.
Retrievability:
Filed alphabetically by name of claimant or by a locally assigned
claim number. Additionally, Military Personnel and Civilian Employees'
Claims Act files may be filed alphabetically by name of common carrier,
warehousemen, contractors, and insurers.
Safeguards:
Documents and computer disks are maintained in filing cabinets or
other storage devices under control of authorized personnel during
working hours. Password access is restricted to those personnel with a
need-to-know. The office space in which the file cabinets and storage
devices are located is locked and guarded outside official working
hours.
Retention and disposal:
Records are destroyed four years after final action.
System manager(s) and address:
Deputy Assistant Judge Advocate General (Claims and Tort
Litigation), Office of the Judge Advocate General, Department of the
Navy, 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 Deputy Assistant Judge Advocate General (Claims and Tort
Litigation), Office of the Judge Advocate General, Department of the
Navy, Washington Navy Yard, 1322 Patterson Avenue, SE, Suite 3000,
Washington, DC 20374-5066.
The request should contain full name and address of the individual
concerned and must be signed. Visitors should be able to identify
themselves by any commonly recognized evidence of identity.
Record access procedures:
Individuals seeking access to record about themselves contained in
this system of records should address written inquiries to the Deputy
Assistant Judge Advocate General (Claims and Tort Litigation), Office
of the Judge Advocate General, Department of the Navy, Washington Navy
Yard, 1322 Patterson Avenue, SE, Suite 3000, Washington, DC 20374-5066.
The request should contain full name and address of the individual
concerned and must be signed. Visitors should be able to identify
themselves by any commonly recognized evidence of identity.
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:
The sources of information contained in the files include the
following: X-rays and medical and dental records from civilian and
military doctors and medical facilities; investigative reports of
accidents from military and civilian police agencies; report of
circumstances if incidents from operators of Government vehicles an
equipment; witnesses; correspondence from claimants, their insurance
companies, state commissions, United States Attorneys, and various
other Government agencies with information concerning the claim; line
of duty investigations; commercial credit and asset reports;
questionnaires completed by accident victims; statements of charges
from civilian and military doctors and medical facilities; information
provided by the claimant; investigative reports from personal property
offices; investigative reports from a military member's command or an
investigative agency; information contributed from commercial carriers;
substantiating documents; allied reports (such as U.S. Postal Service
investigative reports); legal memoranda.
Exemptions claimed for the system:
None.
N05891-1
System name:
NJAG Litigation Case File (February 22, 1993, 58 FR 10788).
Changes:
* * * * *
System name:
Delete `NJAG' and replace with `JAG'.
System location:
Delete entry and replace with `Office of the Judge Advocate
General, Department of the Navy, Washington Navy Yard, 1322 Patterson
Avenue, SE, Suite 3000, Washington, DC 20375-5066 and duplicate copies
may be maintained in local legal office files.'
* * * * *
N05891-1
System name:
JAG Litigation Case File.
System location:
Office of the Judge Advocate General, Department of the Navy,
Washington Navy Yard, 1322 Patterson Avenue, SE, Suite 3000,
Washington, DC 20375-5066 and duplicate copies may be maintained in
local legal office files.
Categories of individuals covered by the system:
Individuals who may or have instituted litigation concerning
matters under the cognizance of the Judge Advocate General, Department
of the Navy. Excluded are cases arising in admiralty, under the Federal
Tort Claims Act, and from matters under the cognizance of the Navy's
General Counsel Office.
Categories of records in the system:
Records, correspondence, pleadings, documents, memoranda, and notes
relating to the litigation or anticipated litigation.
[[Page 24625]]
Authority for maintenance of the system:
5 U.S.C. 301, Departmental Regulations; 10 U.S.C. 5148; and 44
U.S.C. 3101.
Purpose(s):
To represent the Department of the Navy and cognizant officials in
litigation.
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 U.S. Attorneys, litigants, and other parties in litigation.
To Federal and state courts to whom and which information may be
provided.
The `Blanket Routine Uses' that appear at the beginning of the
Navy's compilation of systems notices also 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.
Retrievability:
Name of litigant or anticipated litigant.
Safeguards:
Records are maintained in file cabinets accessible only to persons
responsible for servicing the record system in performing their
official duties.
Retention and disposal:
Generally retained in office files for six years after final
action, then destroyed. Specially designated files are retained for
longer periods and then destroyed.
System manager(s) and address:
Judge Advocate General, Department of the Navy, Washington Navy
Yard, 1322 Patterson Avenue, SE, Suite 3000, Washington, DC 20375-5066.
Notification procedure:
Individuals seeking to determine whether this system of records
contains information about themselves should address written inquiries
to the Judge Advocate General, Department of the Navy, Washington Navy
Yard, 1322 Patterson Avenue, SE, Suite 3000, Washington, DC 20375-5066.
Written requests should include full name and be signed.
Record access procedures:
Individuals seeking access to records about themselves contained in
this system of records should address written inquiries to the Judge
Advocate General, Department of the Navy, Washington Navy Yard, 1322
Patterson Avenue, SE, Suite 3000, Washington, DC 20375-5066. Written
requests should include full name and be signed.
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:
From all sources with information which may impact upon actual or
anticipated litigation, e.g., other record systems within DON, DOD, and
other agencies and departments of the Federal Government, particularly
the Department of Justice; state and local governments and law
enforcement agencies; counsel and parties in litigation; third parties
who provide information voluntarily or in response to discovery, etc.
Exemptions claimed for the system:
None.
N05801-2
System name:
Legal Assistance Management Information System (September 9, 1996,
61 FR 47483).
Changes:
* * * * *
Storage:
Line 2, after the word `on' add `computers and'.
* * * * *
System manager(s) and address:
Replace `200 Stovall Street, Alexandria, VA 22332-2400.' with
`Washington Navy Yard, 1322 Patterson Avenue, SE, Suite 3000,
Washington, DC 20374-5066.'
* * * * *
N05801-2
System name:
Legal Assistance Management Information System.
System location:
Naval Legal Service Offices (NLSO) and NLSO detachments and other
commands that provide legal assistance services under the auspices of
the Navy's Legal Assistance Program through an assigned judge advocate
or civilian attorney. Official mailing addresses are published as an
appendix to the Navy's compilation of system of record notices.
Categories of individuals covered by the system:
Active duty military personnel, retirees, dependents, and
authorized civilians who have been provided legal assistance.
Categories of records in the system:
Legal Assistance Card Files contain basic client identification
information; e.g., name, address, duty station, telephone number(s), a
brief description of the subject of the visit, name of the attorney
assigned, and attorney time expended.
Legal Assistance Client Case Files contain personal and privileged
information on the client and about the legal matter(s) for which the
client is seeking assistance, including various documents related to
the client's case, such as copies of client records provided to the
attorney; memoranda of attorney-client interviews and attorney-client
telephone conversations; memoranda of meetings and telephone
conversations with relevant third parties; copies of statutes and case
law relevant to the case; attorney research and notes; copies of all
documents prepared, and of all correspondence sent or received, by the
legal assistance provider; and a record of the results obtained.
Authority for maintenance of the system:
5 U.S.C. 301, Departmental Regulations; 10 U.S.C. 1044; and 32 CFR
part 727, Legal Assistance.
Purpose(s):
Data from the records is compiled for the purpose of generating
periodic workload productivity and statistical reports, for internal
management of the office, and for counsel assignment. To provide an
administrative record for use by attorneys and clerical personnel
directly involved in rendering legal assistance.
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' published at the beginning of the Navy's
[[Page 24626]]
compilation do not apply to this system of records.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper card and case files are stored in file cabinets. Electronic
records are stored on computers and computer disks.
Retrievability:
Name of client.
Safeguards:
Cards, case files, and computer disks are maintained in metal
filing cabinets or other storage devices under the control of
authorized personnel during working hours. The office space in which
the file cabinets and storage devices are located in locked outside
normal working hours. The files are not accessible to the public or to
persons within the command without an official need-to-know.
Retention and disposal:
Most files are maintained for two years after the completion of the
services and then destroyed. However, some files may be maintained
indefinitely if a future legal dispute or inquiry about the matters
addressed in the file is reasonably foreseeable.
Files are maintained for two years after completion of the services
and then destroyed
System manager(s) and address:
Deputy Assistant Judge Advocate General (Legal Assistance), Office
of the Judge Advocate General, Department of the Navy, 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 office providing the legal assistance or to the Deputy Assistant
Judge Advocate General (Legal Assistance), Office of the Judge Advocate
General, Department of the Navy, Washington Navy Yard, 1322 Patterson
Avenue, SE, Suite 3000, Washington, DC 20374-5066.
The written request should include full name and must be signed by
the requesting individual.
Record access procedures:
Individuals seeking access to records about themselves contained in
this system of records should address written inquiries to the office
providing the legal assistance or to the Deputy Assistant Judge
Advocate General (Legal Assistance), Office of the Judge Advocate
General, Department of the Navy, Washington Navy Yard, 1322 Patterson
Avenue, SE, Suite 3000, Washington, DC 20374-5066.
The written request should include full name, address, and
telephone number of the requester and 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 may be obtained
from the system manager.
Record source categories:
Basic information is provided by the client. Additional information
regarding the case, including actions taken and the ultimate
disposition of the case, is provided by the attorney rendering the
service.
Exemptions claimed for the system:
None.
N11101-2
System name:
Family Housing Requirements Survey Record System (February 22,
1993, 58 FR 10816).
Changes:
* * * * *
Authority:
Add to entry `E.O. 9397 (SSN).'
* * * * *
Storage:
Delete entry and replace with `Automated and paper records.'
* * * * *
Safeguards:
Add to entry `Automated files are password protected.'
Record source categories:
Delete entry and replace with `Individual.'
* * * * *
N11101-2
System name:
Family Housing Requirements Survey Record System.
System location:
Military installations with family housing offices. Official
mailing addresses are published as an appendix to the Navy's
compilation of systems of records notices.
Categories of individuals covered by the system:
Officer and enlisted personnel and only key and essential civilian
personnel.
Categories of records in the system:
Non-individual oriented input documents that reflect local housing
assets; family housing survey questionnaires indicating family size,
individual preference for housing, housing cost, and indication as to
suitability of housing for need of individual.
Authority for maintenance of the system:
5 U.S.C. 301, Departmental Regulations and E.O. 9397 (SSN).
Purpose(s):
To determine the housing requirement for the location to support
proposed family housing construction, leasing, mobile home spaces and
other military construction programs submitted for OSD support and
Congressional approval.
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:
Automated and paper records.
Retrievability:
Social Security Number.
Safeguards:
Housing files used solely within housing office; tape files used
solely within data processing system; and protected by the military
installation's security measures. Automated files are password
protected.
Retention and disposal:
Held three years and destroyed.
System manager(s) and address:
Naval Facilities Engineering Command, 200 Stovall Street,
Alexandria, VA 22332. Subordinate record holders of questionnaires:
Family housing office at military installation.
[[Page 24627]]
Notification procedure:
Contact housing office of installation at which individual was
assigned when the individual completed the family housing
questionnaire.
Record access procedures:
The agency's rules for access to records may be obtained from the
installation family housing office.
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:
Individual.
Exemptions claimed for the system:
None.
[FR Doc. 99-11442 Filed 5-6-99; 8:45 am]
BILLING CODE 5001-10-F
