[Federal Register Volume 65, Number 169 (Wednesday, August 30, 2000)]
[Notices]
[Pages 52718-52721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22087]


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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 Alter two Systems of Records.

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SUMMARY: The Department of the Navy proposes to alter two 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 alterations add a 
routine use to permit disclosure of information under the Victim's 
Rights and Restitution Act of 1990.

DATES: This action will be effective on September 29, 2000 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 proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act was submitted on August 16, 2000, to the House Committee on 
Government Reform, 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, (61 
FR 6427, February 20, 1996).

    Dated: August 24, 2000.
L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
N01000-5

System name:
    Naval Clemency and Parole Board Files (April 14, 1999, 64 FR 
18410).

Changes:
* * * * *

Authority:
    Delete entry and replace with `10 U.S.C. 874(a), 952-954; 42 U.S.C. 
10601 et seq.; Victim's Rights and Restitution Act of 1990 as 
implemented by DoD Instruction 1030.2, Victim and Witness Assistance 
Procedures, SECNAVINST 5815.3H, Department of the Navy Clemency and 
Parole Systems; and E.O. 9397 (SSN).'
* * * * *

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Add new paragraph to read `To victims and witnesses of a crime for 
purposes of providing information regarding the investigation and 
disposition of an offense (Victim's Rights and Restitution Act of 
1990).'
* * * * *

System manager(s) and address:
    Delete entry and replace with `Director, Naval Council of Personnel 
Boards, Department of the Navy, 720 Kennon Street SE, Room 309, 
Washington Navy Yard, DC 20374-5023.'
* * * * *
N01000-5

System name:
    Naval Clemency and Parole Board Files.

System location:
    Naval Clemency and Parole Board, 720 Kennon Street SE, Room 308, 
Washington Navy Yard, 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; 42 U.S.C. 10601 et seq.; Victim's Rights 
and Restitution Act of 1990 as implemented by DoD Instruction 1030.2, 
Victim and Witness Assistance Procedures, 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

[[Page 52719]]

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:
    To victims and witnesses of a crime for purposes of providing 
information regarding the investigation and disposition of an offense 
(Victim's Rights and Restitution Act of 1990).
    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, 720 Kennon Street SE, Room 309, Washington Navy Yard, 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, 720 Kennon Street SE, Room 309, Washington Navy Yard, DC 20374-
5023.
    Requests should contain full name and Social Security Number and 
must be signed.

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, 
720 Kennon Street SE, Room 309, Washington Navy Yard, DC 20374-5023.
    Requests should contain full name and Social Security Number and 
must 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:
    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.
N01070-3

System name:
    Navy Personnel Records System (September 2, 1999, 64 FR 48148).

Changes:
* * * * *

Authority:
    Delete entry and replace with `5 U.S.C. 301, Departmental 
Regulations; 42 U.S.C. 10601 et seq., Victim's Rights and Restitution 
Act of 1990 as implemented by DoD Instruction 1030.2, Victim and 
Witness Assistance Procedures; and E.O. 9397 (SSN).'
* * * * *

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Add new paragraph to read `To victims and witnesses of a crime for 
purposes of providing information regarding the investigation and 
disposition of an offense (Victim's Rights and Restitution Act of 
1990).'
* * * * *
N01070-3

System name:
    Navy Personnel Records System.

System location:
    Primary locations: Navy Personnel Command, 5720 Integrity Drive, 
Millington, TN 38055-3130; Naval Reserve Personnel Center, 4400 
Dauphine Street, New Orleans, LA 70149-7800; and local activity to 
which individual is assigned. Official mailing addresses are published 
as an appendix to the Navy's compilation of system of record notices.
    Secondary locations: Department of the Navy Activities in the chain 
of command between the local activity and the headquarters level; 
Federal Records Storage Centers; National Archives. 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:
    All Navy military personnel: officers, enlisted, active, inactive, 
reserve, fleet reserve, retired, midshipmen, officer candidates, and 
Naval Reserve Officer Training Corps personnel.

Categories of records in the system:
    Personnel service jackets and service records, correspondence and 
records in both automated and non-automated form concerning 
classification, assignment, distribution, promotion, advancement, 
performance, recruiting, retention, reenlistment, separation, training, 
education, morale, personal affairs, benefits, entitlements, discipline 
and administration of naval personnel.

Authority for maintenance of the system:
    5 U.S.C. 301, Departmental Regulations; 42 U.S.C. 10601 et seq., 
Victim's Rights and Restitution Act of 1990 as implemented by DoD 
Instruction 1030.2, Victim and Witness Assistance Procedures; and E.O. 
9397 (SSN).

[[Page 52720]]

Purpose(s):
    To assist officials and employees of the Navy in the management, 
supervision and administration of Navy personnel (officer and enlisted) 
and the operations of related personnel affairs and functions.

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 National Research Council in 
Cooperative Studies of the National History of Disease, of Prognosis 
and of Epidemiology. Each study in which the records of members and 
former members of the naval service are used must be approved by the 
Chief of Naval Personnel.
    To officials and employees of the Department of Health and Human 
Services, Department of Veteran Affairs, and Selective Service 
Administration in the performance of their official duties related to 
eligibility, notification and assistance in obtaining benefits by 
members and former members of the Navy.
    To officials and employees of the Department of Veteran Affairs in 
the performance of their duties relating to approved research projects.
    To officials and employees of Navy Relief and the American Red 
Cross in the performance of their duties relating to the assistance of 
the members and their dependents and relatives, or related to 
assistance previously furnished such individuals, without regard to 
whether the individual assisted or his/her sponsor continues to be a 
member of the Navy.
    To duly appointed Family Ombudsmen in the performance of their 
duties related to the assistance of the members and their families.
    To state and local agencies in the performance of their official 
duties related to verification of status for determination of 
eligibility for Veterans Bonuses and other benefits and entitlements, 
including Department of Labor and state unemployment agencies for 
unemployment compensation for ex-service members.
    To officials and employees of the Office of the Sergeant at Arms of 
the United States House of Representatives in the performance of their 
official duties related to the verification of the active duty naval 
service of Members of Congress.
    Information as to current military addresses and assignments may be 
provided to military banking facilities who provide banking services 
overseas and who are reimbursed by the Government for certain checking 
and loan losses. For personnel separated, discharged or retired from 
the Armed Forces information as to last known residential or home of 
record address may be provided to the military banking facility upon 
certification by a banking facility officer that the facility has a 
returned or dishonored check negotiated by the individual or the 
individual has defaulted on a loan and that if restitution is not made 
by the individual the United States Government will be liable for the 
losses the facility may incur.
    To federal, state, local, and foreign (within Status of Forces 
agreements) law enforcement agencies or their authorized 
representatives in connection with litigation, law enforcement, or 
other matters under the jurisdiction of such agencies.
    Information relating to professional qualifications of chaplains 
may be provided to civilian certification boards and committees, 
including, but not limited to, state and federal licensing authorities 
and ecclesiastical endorsing organizations.
    To governmental entities or private organizations under government 
contract to perform random analytical research into specific aspects of 
military personnel management and administrative procedures.
    To victims and witnesses of a crime for purposes of providing 
information regarding the investigation and disposition of an offense 
(Victim's Rights and Restitution Act of 1990).
    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:
    Automated records may be stored on magnetic tapes, disc, and drums. 
Manual records may be stored in paper file folders, microfiche or 
microfilm.

Retrievability:
    Automated records may be retrieved by name and Social Security 
Number. Manual records may be retrieved by name, Social Security 
Number, enlisted service number, or officer file number.

Safeguards:
    Computer facilities and terminals are located in restricted areas 
accessible only to authorized persons that are properly screened, 
cleared and trained. Manual records and computer printouts are 
available only to authorized personnel having a need-to-know.

Retention and disposal:
    Transfer to Naval Reserve Personnel Center, New Orleans, LA 70149 
six months after discharge, retirement, or death of service member. 
Naval Reserve Personnel Center will forward to the National Personnel 
Records Center, (Military Personnel Records), 9700 Page Avenue, St. 
Louis, MO 63132-5000. Transfer to the National Archives and Records 
Administration 75 years after separation of service member. [Note: An 
exception is made for copies of officer fitness reports, enlisted 
evaluations, and officer and enlisted counseling forms which may be 
maintained by the member's commanding officer or command for a period 
not to exceed five years.]

System manager(s) and address:
    Commander, Navy Personnel Command, 5720 Integrity Drive, 
Millington, TN 38055-3130; Commanding Officers, Officers in Charge, and 
Heads of Department of the Navy activities. Official mailing addresses 
are published as an appendix to the Navy's compilation of system of 
record notices.

Notification procedure:
    Individuals seeking to determine whether this system of records 
contains information about themselves should address written inquiries 
to the Commander, Navy Personnel Command, 5720 Integrity Drive, 
Millington, TN 38055-3130; or contact the personnel officer where 
assigned. Official mailing addresses are published as an appendix to 
the Navy's compilation of system of record notices.
    The letter should contain full name, Social Security Number (and/or 
enlisted service number/officer file number), rank/rate, designator, 
military status, address, and signature of the requester.
    The individual may visit the Navy Personnel Command, Records Review 
Room, Building 769, Room K615, Millington, TN for assistance with 
records located in that building; or the individual may visit the local 
activity to which attached for access to locally maintained records. 
Proof of identification will consist of Military Identification Card 
for persons having such cards, or other picture-bearing identification.

[[Page 52721]]

Record access procedures:
    Individuals seeking access to records about themselves contained in 
this system of records should address written inquiries to the 
Commander, Navy Personnel Command, 5720 Integrity Drive, Millington, TN 
38055-3130, or contact the personnel officer where assigned. Official 
mailing addresses are published as an appendix to the Navy's 
compilation of system of records notices.
    The letter should contain full name, Social Security Number (and/or 
enlisted service number/officer file number), rank/rate, designator, 
military status, address, and signature of the requester.
    The individual may visit the Navy Personnel Command, Records Review 
Room, Building 769, Room K615, Millington, TN for assistance with 
records located in that building; or the individual may visit the local 
activity to which attached for access to locally maintained records. 
Proof of identification will consist of Military Identification Card 
for persons having such cards, or other picture-bearing 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:
    Correspondence; educational institutions; federal, state, and local 
court documents; civilian and military investigatory reports; general 
correspondence concerning the individual; official records of 
professional qualifications; Navy Relief and American Red Cross 
requests for verification of status.

Exemptions claimed for the system:
    None.
[FR Doc. 00-22087 Filed 8-29-00; 8:45 am]
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