[Federal Register Volume 70, Number 214 (Monday, November 7, 2005)]
[Rules and Regulations]
[Pages 67367-67368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22094]


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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 581

RIN 0702-AA51


Personnel Review Board

AGENCY: Assistant Secretary of the Army for Manpower and Reserve 
Affairs, DoD.

ACTION: Final rule.

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SUMMARY: The Department of the Army amends its regulation on Army Board 
for Correction of Military Records to be in compliance with the United 
States District Court for the District of Columbia decision (Daniel J. 
Lipsman v. Secretary of the Army--Civil Action No. 02-0151 (RMU), 
Document Nos. 18, 20, decided September 7, 2004, 2004 U.S. Dist. LEXIS 
17866).

DATES: Effective Date: December 7, 2005.

ADDRESSES: The Army Review Boards Agency, ATTN: SFMR-RBR, 1901 South 
Bell Street, 2nd Floor, Arlington, Virginia 22202-4508.

FOR FURTHER INFORMATION CONTACT: Hubert S. Shaw, 703-607-1779.

SUPPLEMENTARY INFORMATION:

A. Background

    This rule has previously been published. Section 581.3 contained in 
32 CFR part 581 provides Department of the Army policy, criteria and 
administrative instructions regarding an applicant's request for the 
correction of a military record. The Administrative Procedure Act, as 
amended by the Freedom of Information Act, requires that certain 
policies and procedures and other information concerning the Department 
of the Army be published in the Federal Register. The policies and 
procedures covered by this part fall into that category. The Department 
of the Army received no responses to its notice of proposed rule change 
published on August 3, 2005; therefore, no substantive changes were 
made to the proposed rule.

B. Regulatory Flexibility Act

    The Department of the Army has determined that the Regulatory 
Flexibility Act does not apply because the rule change does not have a 
significant economic impact on a substantial number of small entities 
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601-612.

C. Unfunded Mandates Reform Act

    The Department of the Army has determined that the Unfunded 
Mandates Reform Act does not apply because the rule change does not 
include a mandate that may result in estimated costs to State, local or 
tribal governments in the aggregate, or the private sector, of $100 
million or more.

D. National Environmental Policy Act

    The Department of the Army has determined that the National 
Environmental Policy Act does not apply because the rule change does 
not have an adverse impact on the environment.

E. Paperwork Reduction Act

    The Department of the Army has determined that the Paperwork 
Reduction Act does not apply because the rule change does not involve 
collection of information from the public.

F. Executive Order 12630 (Government Actions and Interference With 
Constitutionally Protected Property Rights)

    The Department of the Army has determined that Executive Order 
12630 does not apply because the rule change does not impair private 
property rights.

G. Executive Order 12866 (Regulatory Planning and Review)

    The Department of the Army has determined that according to the 
criteria defined in Executive Order 12866 this

[[Page 67368]]

rule change is not a significant regulatory action.

H. Executive Order 13045 (Protection of Children From Environmental 
Health Risk and Safety Risks)

    The Department of the Army has determined that according to the 
criteria defined in Executive Order 13045 that Executive Order does not 
apply.

I. Executive Order 13132 (Federalism)

    The Department of the Army has determined that according to the 
criteria defined in Executive Order 13132 that Executive Order does not 
apply because the rule change will not have a substantial effect on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government.

Carl W.S. Chun,
Director, Army Board for Correction of Military Records.

List of Subjects in 32 CFR Part 581

    Administrative practice and procedure, Archives and Records, 
Military Personnel.

0
For reasons stated in the preamble the Department of the Army amends 
part 581 to read as follows:

PART 581--PERSONNEL REVIEW BOARD

0
1. The authority citation for part 581 continues to read as follows:

    Authority: 10 U.S.C. 1552, 1553, 1554, 3013, 3014, 3016; 38 
U.S.C. 3103(a).


0
2. Amend Sec.  581.3 by revising paragraphs (g)(4)(i) and (ii) to read 
as follows:


Sec.  581.3  Army Board for Correction of Military Records.

* * * * *
    (g) * * *
    (4) * * *
    (i) If the ABCMR receives the request for reconsideration within 1 
year of the ABCMR's original decision and if the ABCMR has not 
previously reconsidered the matter, the ABCMR staff will review the 
request to determine if it contains evidence (including, but not 
limited to, any facts or arguments as to why relief should be granted) 
that was not in the record at the time of the ABCMR's prior 
consideration. If new evidence has been submitted, the request will be 
submitted to the ABCMR for its determination of whether the new 
evidence is sufficient to demonstrate material error or injustice. If 
no new evidence is found, the ABCMR staff will return the application 
to the applicant without action.
    (ii) If the ABCMR receives a request for reconsideration more than 
1 year after the ABCMR's original decision or after the ABCMR has 
already considered one request for reconsideration, then the case will 
be returned without action and the applicant will be advised the next 
remedy is appeal to a court of appropriate jurisdiction.
* * * * *
[FR Doc. 05-22094 Filed 11-4-05; 8:45 am]
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