[Federal Register Volume 63, Number 237 (Thursday, December 10, 1998)]
[Notices]
[Pages 68256-68258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32749]
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DEPARTMENT OF DEFENSE
Office of the Secretary
Privacy Act of 1974; System of Records
AGENCY: Office of the Secretary, DoD.
ACTION: Notice to add a system of records.
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SUMMARY: The Office of the Secretary proposes to add a system of
records notice to its existing inventory of record systems subject to
the Privacy Act of 1974, (5 U.S.C. 552a), as amended.
DATES: This proposed action will be effective without further notice on
January 11, 1999, unless comments are received which result in a
contrary determination.
ADDRESSES: Send comments to OSD Privacy Act Coordinator, Records
Section, Directives and Records Division, Washington Headquarter
Services, Correspondence and Directives, 1155 Defense Pentagon,
Washington, DC 20301-1155.
FOR FURTHER INFORMATION CONTACT: Mr. David Bosworth at (703) 695-0970
or DSN 225-0970.
SUPPLEMENTARY INFORMATION: The Office of the Secretary systems of
records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as
amended, have been published in the Federal Register and are available
from the address above.
The proposed system report, as required by 5 U.S.C. 552a(r) of the
Privacy Act of 1974, as amended, was submitted on November 24, 1998, to
the House Committee on Government Reform and Oversight, the Senate
Committee on Governmental Affairs, and the Office of Management and
Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB Circular No.
A-130, `Federal Agency Responsibilities for Maintaining Records About
Individuals,' dated February 8, 1996 (February 20, 1996, 61 FR 6427).
[[Page 68257]]
Dated: December 4, 1998.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DGC 19
System name:
DoD Final Personnel and General Claims and Waiver Files.
System location:
Defense Office of Hearings and Appeals, Defense Legal Services
Agency, Department of Defense, 4015 Wilson Boulevard, Suite 300,
Arlington, VA 22203-1995.
Categories of individuals covered by the system:
Pay and Travel Claims: Uniformed service members of DoD, the Coast
Guard, National Oceanic and Atmospheric Administration, and the Public
Health Service or their dependents, beneficiaries, agents, attorneys or
other individuals who may benefit from the member's tenure and who have
an unresolved dispute related to a claim for pay, allowances, travel,
transportation, retired pay, or survivor benefits.
Waiver Authority: DoD civilian employees, uniformed service members
of DoD, the Coast Guard, National Oceanic and Atmospheric
Administration, and the Public Health Service or their dependents,
beneficiaries, agents, attorneys or other individuals who may benefit
from the member's tenure and who have an unresolved dispute related to
a request for waiver of erroneous payments of pay and allowances.
General Claims: Any individuals with other general claims arising
from activities within DoD.
Categories of records in the system:
Case files include administrative reports from DoD military and
civilian employees, the Coast Guard, the National Oceanic and
Atmospheric Administration, and the Public Health Service; claims,
waiver applications, and all pertinent or supporting materials related
to a claim or waiver application; written decisions of this Office, the
Agency concerned, and the Deputy General Counsel (Fiscal); and such
other matter as the claims adjudicators and attorneys may include in
the record, including copies of precedents relied on in resolving a
case.
Automated case status records for current cases and inactive cases
are used to provide location and status and internal identification of
cases, to prepare listings and internal statistical reports, and to
monitor work flow and case handling actions.
Authority for maintenance of the system:
5 U.S.C. 5584; 10 U.S.C. 140; 10 U.S.C. 2575; 10 U.S.C. 2771; 10
U.S.C. 2774; 24 U.S.C. 420; 31 U.S.C. 3529; 31 U.S.C. 3702; 32 U.S.C.
714; 32 U.S.C. 716; 37 U.S.C. 554; and E.O. 9397 (SSN).
Purpose(s):
Records are collected and maintained to support the resolution of a
claim or waiver application and to provide decisions to those parties
involved in:
a. Claims related to uniform services members' pay, allowances,
travel, transportation, retired pay, and survivor benefits;
b. Claims by transportation carriers for amounts collected from
them for loss and damage incurred to property incident to shipment at
Government expense;
c. Claims for proceeds of sale of unclaimed property coming into
the custody or control of the Army, Navy, Air Force or Coast Guard;
d. Final settlements of accounts of members of the Armed Forces,
including the National Guard;
e. Reports on disposition of the effects of deceased members of
the Army and Air Force for settlement under 10 U.S.C. 2771, 10 U.S.C.
4712 and 9712;
f. Claims for the proceeds of the sale of motor vehicles and items
of household goods and personal property of members of the Uniformed
Services reported dead, injured, ill or absent for a period of more
than 29 days in a missing status;
g. Claims for the proceeds from the disposition of effects of
deceased residents of the Armed Forces Retirement Home;
h. Claims arising from DoD activities cognizable under 31 U.S.C.
3702, not otherwise delegated by the Director, OMB.
i. Waivers of payment submitted by individuals who seek final
adjudication of their requests for waiver of erroneous payments of pay
and allowances. Waivers are submitted by:
(1) Uniformed service members of DoD, the Coast Guard, National
Oceanic and Atmospheric Administration, and the Public Health Service,
of individuals who may derive any benefit on account of such tenure who
have an unresolved dispute relating to a claim for pay, allowances,
travel, transportation, retired pay, or survivor benefits.
(2) DoD civilian employees who have an unresolved dispute related
to a request for waiver of erroneous payments of pay.
Records also are collected and maintained to record processing
steps taken and processing time; to prepare statistical listings and
summaries; to monitor and control adjudicative actions and processes.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records or information contained
therein may specifically be disclosed outside the DoD as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
To the Coast Guard, the National Oceanic and Atmospheric
Administration, and the Public Health Service for the purpose of
obtaining and providing information relating to claims and waivers.
The `Blanket Routine Uses' set forth at the beginning of OSD's
compilation of systems of records notices apply to this system.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records are maintained in file folders and electronic records
are stored on magnetic or optical media.
Retrievability:
Paper records are retrieved by case number. Computer data is
retrieved by name, address, and Social Security Number, case number, or
a combination of other personal identifying data.
Safeguards:
Records are stored in a secure area accessible only to DOHA
authorized personnel. All records are stored, processed, transmitted
and protected as the equivalent of For Official Use Only information.
Records are accessed by the custodian of the record system and by
persons responsible for using or servicing the system, who are properly
screened and have a need-to-know. Computer hardware is located in
controlled areas with access limited to authorized personnel. Computer
access is via dedicated data circuits with password control. Individual
passwords are changed periodically and upon departure of personnel. The
dedicated data feature prevents access from standard dial-up
telephones. Only DOHA personnel are given the security level on the
computer system needed to amend, add, alter, change, or delete Claims
and Waiver records.
Retention and disposal:
Records are destroyed 6 years and 3 months after date of last DOHA
action.
[[Page 68258]]
System manager(s) and address:
Director, Defense Office of Hearings and Appeals, P0 Box 3656,
Arlington, VA 22203-1995.
Notification procedure:
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the Director, Defense Office of Hearings and Appeals, PO Box 3656,
Arlington, VA 22203-1995.
Request should include the individual's full name, address,
telephone number, Social Security Number and other information
identifiable from the record.
Record access procedures:
Individuals seeking access to information about themselves
contained in this system of records should address written inquiries to
the Director, Defense Office of Hearings and Appeals, PO Box 3656,
Arlington, VA 22203-1995.
Request should include the individual's full name, address,
telephone number, Social Security Number and other information
identifiable from the record. In addition, the requester must provide a
notarized statement or an unsworn declaration made in accordance with
28 U.S.C. 1746, in the following format:
If executed without the United States: `I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed on
(date). (Signature)'.
If executed within the United States, its territories, possessions,
or commonwealths: `I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature)'.
Records may be made available for review at DOHA Headquarters upon
appointment made with the Director. Individual must be able to provide
picture identification, such as a valid driver's license.
Contesting record procedures:
The OSD rules for accessing records, for contesting contents and
appealing initial agency determinations are published in OSD
Administrative Instruction 81; 32 CFR part 311; or may be obtained from
the system manager.
Record source categories:
Information is received from agency claims and waiver application
files; from subject individuals, their attorneys or authorized
representatives; or other documentary evidence made part of the record
by the individual or the agency.
Exemptions claimed for the system:
None.
[FR Doc. 98-32749 Filed 12-9-98; 8:45 am]
BILLING CODE 5000-04-F