[Federal Register Volume 64, Number 148 (Tuesday, August 3, 1999)]
[Notices]
[Pages 42106-42109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19805]


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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: Notice to amend record system.

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SUMMARY: The Department of the Navy proposes to amend three 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 amendment will be effective on September 2, 1999 unless 
comments are received that would result in a contrary determination.

ADDRESSES: Send comments to the Department of the Navy, PA/FOI 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 Regiser 
and are available from the address above.
    The Department of the Navy proposes to amend three 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 record systems being 
amended are set forth below, as amended, published in their entirety.

    Dated: July 28, 1999.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
N05813-3

SYSTEM NAME:
    Records of Trial of General Courts-Martial (February 22, 1993, 58 
FR 10777).

CHANGES:
* * * * *

SYSTEM LOCATION:
    Delete entry and replace with `Navy and Marine Corps Appellate 
Review Activity, Office of the Judge Advocate General, Department of 
the Navy, Washington Navy Yard, 716 Sicard Street SE, Suite 1000, 
Washington, DC 20374-5047.'
* * * * *

SYSTEM MANAGER(S) AND ADDRESS:
    Delete entry and replace with `Assistant Judge Advocate General 
(Military Law), Office of the Judge Advocate General, Department of the 
Navy, 716 Sicard Street SE, Suite 1000, Washington Navy Yard, 
Washington, DC 20374-5047.'
* * * * *
N05813-3

SYSTEM NAME:
    Records of Trial of General Courts-Martial.

SYSTEM LOCATION:
    Navy and Marine Corps Appellate Review Activity, Office of the 
Judge Advocate General, Department of the Navy, Washington Navy Yard, 
716 Sicard Street SE, Suite 1000, Washington, DC 20374-5047.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Active duty Navy and Marine Corps personnel tried by general 
courts-martial.

[[Page 42107]]

CATEGORIES OF RECORDS IN THE SYSTEM:
    General courts-martial records of trial.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301, Departmental Regulations and 10 U.S.C. 865.

PURPOSE(S):
    To complete appellate review as required under 10 U.S.C. 866, 867, 
869 and provide central repository accessible to the public who may 
request information concerning the appellate review or want copies of 
individual public records.

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:
    File folders.

RETRIEVABILITY:
    Files are kept by Navy courts-martial number and each case is 
cross-referenced by an index card which is filed in alphabetical order 
according to the last name of the individual concerned.

SAFEGUARDS:
    Files are maintained in file cabinets under the control of 
authorized personnel during working hours; the office in which the file 
cabinets are located is locked outside official working hours.

RETENTION AND DISPOSAL:
    Records are maintained in office for three years and then forwarded 
to the Washington Federal Records Center, 4205 Suitland Road, Suitland, 
MD 20409 for storage.

SYSTEM MANAGER(S) AND ADDRESS:
    Assistant Judge Advocate General (Military Law), Office of the 
Judge Advocate General, Department of the Navy, 716 Sicard Street SE, 
Suite 1000, Washington Navy Yard, Washington, DC 20374-5047.

NOTIFICATION PROCEDURE:
    Individuals seeking to determine whether this system contains 
information about themselves should address written inquiries to the 
Division Director, Administrative Support Division, Navy and Marine 
Corps Appellate Review Activity, Office of the Judge Advocate General, 
Department of the Navy, Washington Navy Yard, 716 Sicard Street SE, 
Washington, DC 20374-5047.
    The request should contain full name and address of the individual 
concerned and should be signed.
    Personal visits may be made to the Administrative Support Division, 
Office of the Judge Advocate General, Department of the Navy, 
Washington Navy Yard, 716 Sicard Street SE, Washington, DC 20374-5047. 
Individuals making such visits should be able to provide acceptable 
identification, e.g. Armed Forces' identification card, driver's 
license, etc.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the 
Division Director, Administrative Support Division, Navy and Marine 
Corps Appellate Review Activity, Office of the Judge Advocate General, 
Department of the Navy, Washington Navy Yard, 716 Sicard Street SE, 
Washington, DC 20374-5047.
    The request should contain full name and address of the individual 
concerned and should be signed.
    Personal visits may be made to the Administrative Support Division, 
Office of the Judge Advocate General, Department of the Navy, 716 
Sicard Street SE, Washington, DC 20374-5047. Individuals making such 
visits should be able to provide 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:
    Proceedings by a general courts-martial.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.
N05817-1

SYSTEM NAME:
    Courts-Martial Statistics (February 22, 1993, 58 FR 10779).

CHANGES:
SYSTEM IDENTIFIER:
    Delete entry and replace with `N05814-3'.

SYSTEM NAME:
    Delete `Statistics' and replace with `Information'.
* * * * *

RETRIEVABILITY:
    Delete entry and replace with `Index cards are filed by year 
appellate review of the case was completed and alphabetically by last 
name within a given year.'

SAFEGUARDS:
    Delete entry and replace with `Office is located in a secure 
building which is guarded 24 hours a day. Admission is allowed only to 
personnel on official business and authorized visitors.'

SYSTEM MANAGER(S) AND ADDRESS:
    Delete entry and replace with `Assistant Judge Advocate General 
(Military Law), Office of the Judge Advocate General, Washington Navy 
Yard, 716 Sicard Street SE, Suite 1000, Washington, DC 20374-5047.'
* * * * *
N05814-3

SYSTEM NAME:
    Courts-Martial Information.

SYSTEM LOCATION:
    Administrative Support Division (Code 40), Navy-Marine Corps 
Appellate Review Activity, Office of the Judge Advocate General, 716 
Sicard Street SE, Suite 1000, Washington Navy Yard, Washington, DC 
20374-5047.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Navy and Marine Corps personnel tried by general courts-martial and 
by special courts-martial when the special courts-martial sentence, as 
finally approved, includes a punitive discharge.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Courts-martial information on special courts-martial if sentence, 
as finally approved, includes a punitive discharge and all general 
courts-martial including name, Social Security Number, pleas, convening 
authority action, supervisory authority action, and Court of Military 
Review action. Information is available from 1970 through 1986 only.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301, Departmental Regulations and E.O. 9397 (SSN).

[[Page 42108]]

PURPOSE(S):
    To collect data on general and bad conduct discharge special 
courts-martials.

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 governmental, public and private organizations and individuals, 
as required.
    The `Blanket Routine Uses' that appear at the beginning of the 
Navy's compilation of systems of records also apply to this system.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Index card file.

RETRIEVABILITY:
    Index cards are filed by year appellate review of the case was 
completed and alphabetically by last name within a given year.

SAFEGUARDS:
    Office is located in a secure building which is guarded 24 hours a 
day. Admission is allowed only to personnel on official business and 
authorized visitors.

RETENTION AND DISPOSAL:
    Indefinite.

SYSTEM MANAGER(s) AND ADDRESS:
    Assistant Judge Advocate General (Military Law), Office of the 
Judge Advocate General, Washington Navy Yard, 716 Sicard Street SE, 
Suite 1000, Washington, DC 20374-5047.

NOTIFICATION PROCEDURE:
    Individuals seeking to determine whether this system contains 
information about themselves should address written inquiries to the 
Division Director, Administrative Support Division, Navy-Marine Corps 
Appellate Review Activity, Office of the Judge Advocate General, 
Washington Navy Yard, Washington, DC 20374-5047. Written requests must 
be signed by the requesting individual.
    Personal visits may be made to the Administrative Support Division, 
Navy-Marine Corps Appellate Review Activity, Office of the Judge 
Advocate General, Washington Navy Yard, Washington, DC 20374-5047. 
Individuals must be able to provide some acceptable identification, 
e.g. Armed Forces identification card, driver's license, etc.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the 
Division Director, Administrative Support Division, Navy-Marine Corps 
Appellate Review Activity, Office of the Judge Advocate General, 
Washington Navy Yard, Washington, DC 20374-5047. Written requests must 
be signed by the requesting individual.
    Personal visits may be made to the Administrative Support Division, 
Navy-Marine Corps Appellate Review Activity, Office of the Judge 
Advocate General, Washington Navy Yard, Washington, DC 20374-5047. 
Individuals must 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:
    Navy Judge Advocate General Form 5813/1.

Exemptions claimed for the system:
    None.
N05814-5

System name:
    Article 73 Petitions for New Trial (June 8, 1999, 64 FR 30496).

Changes:
* * * * *

Notification procedure:
    Delete entry and replace with `Individuals seeking to determine 
whether this system contains information about themselves should 
address written inquiries to the Division Director, Administrative 
Support Division, Navy and Marine Corps Appellate Review Activity, 
Office of the Judge Advocate General, Department of the Navy, 
Washington Navy Yard, 716 Sicard Street SE, Suite 1000, Washington, DC 
20374-5047.
    The request should contain the full name and address.
    Personal visits may be made to the Administrative Support Division, 
Navy and Marine Corps Appellate Review Activity, Office of the Judge 
Advocate General, Washington Navy Yard, 716 Sicard Street SE, Suite 
1000, Washington, DC 20374-5047. 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:
    Delete entry and replace with `Individuals seeking access to 
information about themselves contained in this system should address 
written inquiries to the Division Director, Administrative Support 
Division, Navy and Marine Corps Appellate Review Activity, Office of 
the Judge Advocate General, Department of the Navy, Washington Navy 
Yard, 716 Sicard Street SE, Suite 1000, Washington, DC 20374-5047.
    The request should contain the full name and address.
    Personal visits may be made to the Administrative Support Division, 
Navy and Marine Corps Appellate Review Activity, Office of the Judge 
Advocate General, Washington Navy Yard, 716 Sicard Street SE, Suite 
1000, Washington, DC 20374-5047. Individuals making such visits should 
be able to provide some acceptable identification, e.g. Armed Forces' 
identification card, driver's license, etc.'
* * * * *
N05814-5

System name:
    Article 73 Petitions for New Trial.

System location:
    Administrative Support Division, Navy and Marine Corps Appellate 
Review Activity, Office of the Judge Advocate General, Department of 
the Navy, Washington Navy Yard, 716 Sicard Street SE, Suite 1000, 
Washington, DC 20374-5047.

Categories of individuals covered by the system:
    Navy and Marine Corps personnel who submitted petitions for new 
trial to the Judge Advocate General within two years after approval of 
their courts-martial sentence by the convening authority but after 
their case had been reviewed by the Navy-Marine Corps Court of Criminal 
Appeals or the Court of Appeals for the Armed Forces, if appropriate.

Categories of records in the system:
    The petition for new trial, the forwarding endorsements if the 
petition was submitted via the chain of command, and the action of the 
Judge Advocate General on the petition.

[[Page 42109]]

Authority for maintenance of the system:
    Article 73, Uniform Code of Military Justice, (10 U.S.C. 873).

Purpose(s):
    To provide a record of individual petitions in order to answer 
inquiries from the individual concerned and to provide additional 
advice to commands involved when and if such petitions are granted.

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 apply to this system.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    File folders.

Retrievability:
    Files are kept in alphabetical order according to the last name of 
the individual concerned.

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 official working hours.

Retention and disposal:
    Records are maintained in the office for four years and then 
destroyed.

System manager(s) and address:
    Assistant Judge Advocate General (Military Justice), 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 contains 
information about themselves should address written inquiries to the 
Division Director, Administrative Support Division, Navy and Marine 
Corps Appellate Review Activity, Office of the Judge Advocate General, 
Department of the Navy, Washington Navy Yard, 716 Sicard Street SE, 
Suite 1000, Washington, DC 20374-5047.
    The request should contain the full name and address.
    Personal visits may be made to the Administrative Support Division, 
Navy and Marine Corps Appellate Review Activity, Office of the Judge 
Advocate General, Washington Navy Yard, 716 Sicard Street SE, Suite 
1000, Washington, DC 20374-5047. 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 access to information about themselves 
contained in this system should address written inquiries to the 
Division Director, Administrative Support Division, Navy and Marine 
Corps Appellate Review Activity, Office of the Judge Advocate General, 
Department of the Navy, Washington Navy Yard, 716 Sicard Street SE, 
Suite 1000, Washington, DC 20374-5047.
    The request should contain the full name and address.
    Personal visits may be made to the Administrative Support Division, 
Navy and Marine Corps Appellate Review Activity, Office of the Judge 
Advocate General, Washington Navy Yard, 716 Sicard Street SE, Suite 
1000, Washington, DC 20374-5047. 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:
    The records are comprised of the following source materials: (1) 
Petitions for new trial; (2) forwarding endorsements thereon by 
petitioner's commanding officer and convening/supervisory authorities 
of courts-martial (above information is omitted if petitioner is former 
service member); and (3) action of the Judge Advocate General on 
petitions.

Exemptions claimed for the system:
    None.

[FR Doc. 99-19805 Filed 8-2-99; 8:45 am]
BILLING CODE 5001-10-M