[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]
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