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/ 2008
/ December
/ Wednesday, December 31, 2008
[Federal Register: December 31, 2008 (Volume 73, Number 251)]
[Notices]
[Page 80372-80379]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31de08-39]
[[Page 80372]]
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DEPARTMENT OF DEFENSE
Department of the Air Force
[Docket ID: USAF-2008-0061]
Privacy Act of 1974; System of Records
AGENCY: Department of Air Force, DoD.
ACTION: Notice to Amend Seven Systems of Records.
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SUMMARY: The Department of Air Force proposes to amend seven systems of
records to its inventory of record systems subject to the Privacy Act
of 1974 (5 U.S.C. 552a), as amended.
DATES: The changes will be effective on January 30, 2009 unless
comments are received that would result in a contrary determination.
ADDRESSES: Send comments to the Air Force Privacy Act Officer, Office
of Warfighting Integration and Chief Information Officer, SAF/XCISI,
1800 Air Force Pentagon, Suite 220, Washington, DC 20330-1800.
FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Brodie at (703) 696-7557.
SUPPLEMENTARY INFORMATION: The Department of the Air Force 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 specific changes to the record systems being amended are set
forth below followed by the notice, as amended, published in its
entirety. The proposed amendments 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 a new or altered system report.
Dated: December 23, 2008.
Morgan E. Frazier,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
F051 AF JA A
System name:
Judge Advocate General's Professional Conduct Files (April 30,
2008, 73 FR 23434).
Changes:
Change System ID to ``F051 AFJA E.''
* * * * *
F051 AFJA E
System name:
Judge Advocate General's Professional Conduct Files.
System location:
Office of the Professional Responsibility Administrator, Office of
the Air Force Judge Advocate General, 1420 Air Force Pentagon,
Washington, DC 20330-1420;
Army-Air Force Exchange Service Headquarters, General Counsel, P.O.
Box 660202, Dallas, TX 75266-0202;
Defense Commissary Agency Headquarters, General Counsel, Building
P11200, Fort Lee, VA 23801; and
Defense Logistics Agency, Judge Advocate, Alexandria, VA 22310-
6130.
The Judge Advocate's office at headquarters of major commands,
field operating offices, and unified commands. Official mailing
addresses are published as an appendix to the Air Force's compilation
of systems of records notices.
National Guard Bureau, Judge Advocate's Office (NGB/JA), 1411
Jefferson Davis Highway, Arlington, VA 22202.
Categories of individuals covered by the system:
Judge advocates (active duty, reserve, or guard), civilian
attorneys employed by The Judge Advocate General's Corps and civilian
attorneys subject to the disciplinary authority of The Judge Advocate
General who have been the subject of a complaint related to their
professional conduct.
Categories of records in the system:
Records include, but are not limited to name, address, social
security number (SSN); complaints with substantiating documents;
letters/transcriptions of complaints, allegations and queries; letters
of appointment; reports of reviews, inquiries, and investigations with
supporting attachments, exhibits and photographs; records of
interviews; witness statements; recommendations; reports of legal
reviews of case files; reports of Advisory Committee reviews;
congressional responses; memoranda; letters and reports of findings and
actions taken; letters to complainants and subjects of investigations;
letters of rebuttal from subjects; financial, personnel,
administrative, adverse information, and technical reports.
Authority for maintenance of the system:
10 U.S.C. 8037, Judge Advocate General, Deputy Judge Advocate
General: Appointment and duties; RCM 109, Manual for Courts-Martial,
1984 and Executive Order 9397 (SSN).
Purpose(s):
To assist The Judge Advocate General in the evaluation, management,
administration and regulation of the delivery of legal services by
offices and personnel under his jurisdiction.
To ensure the proper qualifications for the practice of law are met
and maintained by each attorney practicing under the direct or indirect
supervision of The Judge Advocate General.
To ensure licensing agencies of the individual states (including
the District of Columbia, Puerto Rico, Guam, American Samoa, the U.S.
Virgin Islands and the Commonwealth of the Northern Mariana Islands),
and the various courts that licensed Air Force attorneys are advised of
adverse determinations documenting violations of the rules of
professional responsibility affecting an attorney's fitness to practice
law, this in an effort to protect the Air Force and the general public
from substandard legal practitioners.
To record the disposition of professional responsibility complaints
and to document professional responsibility violations and corrective
action taken.
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 federal and state agencies or bar associations charged with
licensing and authorizing attorneys to practice law, and to various
courts authorizing attorneys to practice before said courts, in order
to protect the public and ensure the proper administration of justice.
To current and potential governmental employers during authorized
background checks to assist their efforts to protect the public and
ensure the proper administration of justice.
The `Blanket Routine Uses' published at the beginning of the Air
Force'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:
Maintained in file folders, in computer, and on computer output
products.
Retrievability:
Retrieved by name of individual.
[[Page 80373]]
Safeguards:
Records are accessed by person(s) responsible for servicing the
record system in performance of their official duties and by authorized
personnel who are properly screened and cleared for need-to-know.
Records are stored in locked rooms and cabinets. Those in computer
storage devices are protected by computer system software. Computers
must be accessed with a password.
Retention and disposal:
Retained in office files for three (3) years after year in which
case is closed. Records are destroyed by tearing into pieces,
shredding, pulping, macerating or burning. Computer records are
destroyed by erasing, deleting or overwriting.
System manager(s) and address:
Office of The Judge Advocate General, Professional Responsibility
Administrator, 1420 Air Force Pentagon, Washington, DC 20330-1420.
Notification procedure:
Individuals seeking to determine whether this system of records
contains information about themselves should address written inquiries
to the Office of The Judge Advocate General, Professional
Responsibility Administrator, 1420 Air Force Pentagon, Washington, DC
20330-1420.
Written inquiries should include full name, mailing address, and
Social Security Number (SSN).
Record access procedures:
Individuals seeking access to records about themselves contained in
this system should address written requests to the Office of The Judge
Advocate General, Professional Responsibility Administrator, 1420 Air
Force Pentagon, Washington, DC 20330-1420.
Written inquiries should include full name, mailing address, and
Social Security Number (SSN).
Contesting record procedures:
The Air Force rules for accessing records, and for contesting
contents and appealing initial agency determinations, are published in
Air Force Instruction 37-132; 32 CFR part 806b; or may be obtained from
the system manager.
Record source categories:
Information is received from individuals; federal, state and local
authorities; other Air Force records; state bar records; law
enforcement records; educational records; complainants; inspectors;
witnesses and subjects of inquiries.
Exemptions claimed for the system:
Exemption (k)(2), 5 U.S.C. 552a. Investigatory material compiled
for law enforcement purposes, other than material within the scope of
subsection 5 U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C.
552a(k)(2). However, if an individual is denied any right, privilege,
or benefit for which he would otherwise be entitled by Federal law or
for which he would otherwise be eligible, as a result of the
maintenance of the information, the individual will be provided access
to the information except to the extent that disclosure would reveal
the identity of a confidential source.
F051 AF JA B
System name:
Confidential Financial Disclosure Report. (December 15, 2008, 73 FR
76013)
Changes:
Change System ID to ``F051 AFJA F.''
* * * * *
F051 AFJA F
System name:
Confidential Financial Disclosure Report.
System location:
Office of the General Counsel, Office of the Secretary of the Air
Force, 1740 Air Force Pentagon, Washington, DC 20330-1740; The Judge
Advocate General, Headquarters United States Air Force, 1420 Air Force
Pentagon, Washington, DC 20330-1420; Headquarters of major commands and
at all levels down to and including Air Force installations, and
unified commands for which Air Force is Executive Agent. Official
mailing addresses are published as an appendix to the Air Force's
compilation of systems of records notices.
Categories of individuals covered by the system:
Civilian personnel; Air Force military personnel in the rank of
colonel or below whose basic duties and responsibilities require the
exercise of judgment on Government decision making or taking action on
(1) the administering or monitoring of grants or subsidies, (2)
contracting or procurement, (3) auditing, or (4) any other government
activity in which the final decision or action has a significant
economic impact on the interest of any non-federal enterprise; and
special Government employees who are `advisors' or `consultants.' Army,
Navy, Air Force, and Marine Corps active duty personnel and civilian
employees in the same categories when assigned to headquarters of
unified and specified commands for which Air Force is Executive Agent.
Categories of records in the system:
Contains the individual's name, Social Security Number (SSN), title
of the individual's position, date of appointment in present position,
agency and major organization segment of the position, employment and
financial interests, creditors, interest in real property, a list of
persons from whom information can be obtained concerning the
individual's financial situation, supervisor's evaluation, and
Standards of Conduct Counselor/Deputy Counselor review.
Authority for maintenance of the system:
10 U.S.C. 8013, Secretary of the Air Force, 10 U.S.C. 8037, Judge
Advocate General; Title I of the Ethics in Government Act of 1978 (5
U.S.C. App.); E.O. 12674, Principles of Ethical Conduct for Government
Officers and Employees; 5 CFR part 2634; and E.O. 9397 (SSN).
Purpose(s):
Used in order to determine potential or actual conflicts of
interest in the performance of official duties.
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 Department of Defense
as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
The DoD `Blanket Routine Uses' published at the beginning of the
Air Force'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:
Papers records in file folders and electric storage media.
Retrievability:
Retrieved by name or Social Security Number (SSN).
Safeguards:
Records are accessed by authorized personnel as necessary to
accomplish their official duties. Paper records are stored in locked
rooms and cabinets. The computer storage devices are protected by
computer system software.
[[Page 80374]]
Retention and disposal:
Retained for six years after which they shall be disposed of,
unless needed in an ongoing investigation. Those records retained for
an ongoing investigation will be disposed of when no longer needed in
the investigation. Paper records are disposed of by tearing into
pieces, shredding, pulping, macerating or burning. Computer records are
destroyed by deleting, erasing, degaussing, or by overwriting.
System manager(s) and address:
The Assistant General Counsel for Civilian Personnel and Fiscal
Law, Office of the General Counsel, Office of the Secretary of the Air
Force, 1740 Air Force Pentagon, Washington, DC 20330-1740
The Judge Advocate General, Headquarters United States Air Force,
1420 Air Force Pentagon, Washington, DC 20330-1420.
Notification procedure:
Individuals seeking to determine whether this system of records
contains information on themselves should address written inquiries to
or visit the system manager or Deputy Standards of Conduct Counselor at
any system location.
Written inquiries should include a full name, Social Security
Number (SSN), address, daytime telephone number and a signature.
Record access procedures:
Individuals seeking to access records about themselves contained in
this system should address written requests to the system manager or
Deputy Standards of Conduct Counselor at any system location.
Written inquiries should include a full name, Social Security
Number (SSN), address, daytime telephone number and a signature.
Contesting record procedures:
The Air Force rules for accessing records, and for contesting
contents and appealing initial agency determinations are published in
Air Force Instruction 33-332; 32 CFR part 806b; or may be obtained from
the system manager.
Record source categories:
Information is obtained from the individual or from personnel
designated by the individual.
Exemptions claimed for the system:
None.
F051 AF JA C
System name:
Legal Assistance Administration Records. (November 17, 2008, 73 FR
67843).
Changes:
Change System ID to ``F051 AFJA G.''
* * * * *
F051 AFJA G
System name:
Legal Assistance Administration Records.
System location:
The Judge Advocate General, Headquarters United States Air Force,
1420 Air Force Pentagon, Washington, DC 20330-1420-1420. At
Headquarters of major commands and at all levels down to and including
Air Force installations.
Official mailing addresses are published as an appendix to the Air
Force's compilation of record systems notices.
Categories of individuals covered by the system:
Active duty and retired military personnel, and their dependents
and Air Force civilian personnel stationed overseas.
Categories of records in the system:
Individual's name, Social Security Number (SSN), financial records,
personnel files, leases, tax documents, personal letters and documents,
and all other information necessary to provide advice and assistance to
personnel seeking legal assistance.
Authority for maintenance of the system:
10 U.S.C. 8013, Secretary of the Air Force; 10 U.S.C. 8037, Judge
Advocate General, Deputy Judge Advocate General: Appointment and
duties; Air Force Instruction 51-504, Legal Assistance, Notary, and
Preventive law Programs; and E.O. 9397(SSN).
Purpose(s):
Records are used and maintained to provide continuing legal
assistance to clients; by Department of Defense employees to complete
their official duties; to manage the legal assistance program; and used
to assist the client with personal legal issues.
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' published at the beginning of the Air
Force'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 in file folders and electronic storage media.
Retrievability:
Retrieved by name or Social Security Number (SSN).
Safeguards:
Records are accessed by person(s) responsible for servicing the
record system in performance of their official duties and by authorized
personnel who are properly screened and cleared for need-to-know.
Records are stored in locked rooms and cabinets. Those in computer
storage devices are protected by computer system software. Computers
must be accessed with a password.
Retention and disposal:
Retained in office files until superseded, obsolete, no longer
needed for reference, or on inactivation, then destroyed by tearing
into pieces, shredding, pulping, macerating, or burning. Computer
records are destroyed by erasing, deleting or overwriting.
System manager(s) and address:
The Judge Advocate General, Headquarters, United States Air Force,
1420 Air Force Pentagon, Washington, DC 20330-1420.
Notification procedure:
Individuals seeking to determine whether this system of records
contains information on themselves should address written inquiries to
The Judge Advocate General, Headquarters United States Air Force, 1420
Air Force Pentagon, Washington, DC 20330-1420.
Requests should include name and Social Security Number (SSN).
Record access procedures:
Individuals seeking to access records about themselves contained in
this system should address written requests to The Judge Advocate
General, Headquarters United States Air Force, 1420 Air Force Pentagon,
Washington, DC 20330-1420.
Requests should include name and Social Security Number (SSN).
[[Page 80375]]
Contesting record procedures:
The Air Force rules for accessing records, and for contesting
contents and appealing initial agency determinations are published in
Air Force Instruction 37-132; 32 CFR part 806b; or may be obtained from
the system manager.
Record source categories:
From the individual.
Exemptions claimed for the system:
None.
F051 AF JA D
System name:
Litigation Records (Except Patents) (December 15, 2008, 73 FR
76010).
Changes:
Change System ID to ``F051 AFJA H.''
* * * * *
F051 AFJA H
System name:
Litigation Records (Except Patents).
System location:
The Judge Advocate General, Headquarters United States Air Force,
1420 Air Force Pentagon, Washington, DC 20330-1420. At Headquarters of
Major Commands and all levels down to and including Air Force
installations worldwide. Official mailing addresses are published as an
appendix to the Air Force's compilation of systems of records notices.
Categories of individuals covered by the system:
All individuals who have brought suit against, or been involved in
litigation with, the United States or its officers or employees
concerning matters related to the Department of the Air Force; persons
against whom litigation has been filed under 28 U.S.C. 1346b, 31 U.S.C.
3702, 42 U.S.C. 2651-3, and 46 U.S.C. App. 741-52; dependents,
witnesses, and other persons providing information during the course of
litigation.
Categories of records in the system:
All records required to defend the Department of the Air Force in
litigation, to include: Litigants' names; Social Security Numbers
(SSN); court pleadings; reports from Department of Defense offices,
state and federal agencies; foreign governments; witness statements;
surveys; contracts; photographs; legal opinions; personnel, finance,
medical, and business records; audits; English translations of foreign
documents; and environmental planning documents (including
environmental impact statements).
Authority for maintenance of the system:
10 U.S.C. 8013, Secretary of the Air Force, 10 U.S.C. 8037, Judge
Advocate General, Air Force Instruction 51-301, Civil Litigation and
E.O. 9397 (SSN).
Purpose(s):
Used by officers, employees and members of the Air Force to
represent the United States in civil litigation; to enable the United
States and its officers, employees and members who are counsel for,
parties to, or otherwise involved in an official capacity in civil
domestic or foreign litigation to obtain information from or consult
with other governmental, corporate and private organizations, entities
and individuals regarding litigation decisions to be made by The Judge
Advocate General and the Department of Justice; to obtain information
from or consult with other governmental, corporate and private
organizations, entities and individuals in order to create structured
settlement proposals; by the Air Force Audit Agency in conducting
audits; by the Air Force Board for Correction of Military Records; and
by the Defense Finance and Accounting Service and any Air Force
financial management office and its officers and employees.
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 Court of Federal Claims on legislative referral of private
relief bills;
To the Department of Veterans Affairs and its officers and
employees to adjudicate claims.
The DoD `Blanket Routine Uses' published at the beginning of the
Air Force'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 in file folders and electronic storage media.
Retrievability:
Retrieved by name of litigant, Social Security Number (SSN) and
year of litigation.
Safeguards:
Records are accessed by authorized personnel as necessary to
accomplish their official duties. Paper records are stored in locked
rooms and cabinets. The computer storage devices are protected by
computer system software.
Retention and disposal:
Records located at AFLOA/JACL are retired permanently to the
Washington National Records Center, Washington, DC 20409-0001. Other
command levels dispose of records after two years upon completion of
agency action. Files maintained in accordance with 42 U.S.C. 2651-3 are
disposed of after two years. Medical malpractice litigation files are
retired to the Armed Forces Institute of Pathology. Paper records are
disposed of by tearing into pieces, shredding, macerating, pulping, or
burning. Computer records are destroyed by deleting, erasing,
degaussing, or by overwriting.
System manager(s) and address:
The Judge Advocate General, Headquarters United States Air Force,
1420 Air Force Pentagon, Washington, DC 20330-1420; or to the Staff
Judge Advocate at the concerned subordinate command or installation.
Notification procedure:
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to The Judge Advocate General, Headquarters United States Air Force,
1420 Air Force Pentagon, Washington, DC 20330-1420; or to the Staff
Judge Advocate at the concerned subordinate command or installation.
Written requests should be signed and include full name and proof
of identity.
Record access procedures:
Individuals seeking access to information about themselves
contained in this system should address written inquiries to The Judge
Advocate General, Headquarters United States Air Force, 1420 Air Force
Pentagon, Washington, DC 20330-1420; or to the Staff Judge Advocate at
the concerned subordinate command or installation.
Written requests should be signed and include full name and proof
of identity.
Contesting record procedures:
The Air Force rules for accessing records, and for contesting
contents and appealing initial agency determinations are published in
Air Force Instruction 33-332; 32 CFR part 806b; or may be obtained from
the system manager.
Record source categories:
Court records, transcripts of depositions and other hearings,
correspondence initiated by parties to litigation, information provided
through witness interviews or other discovery
[[Page 80376]]
methods, reports prepared by or on behalf of the Air Force, reports of
Federal, state, local or foreign government agencies and information
obtained from witnesses and claimants.
Exemptions claimed for the system:
None.
F051 AF JA F
System name:
Courts-martial and Article 15 Records. (December 8, 2008, 73 FR
74472)
Changes:
Change System ID to ``F051 AFJA I.''
* * * * *
F051 AFJA I
System name:
Courts-martial and Article 15 Records.
System location:
Primary Location: The Judge Advocate General, Headquarters United
States Air Force, 1420 Air Force Pentagon, Washington, DC 20330-1420.
Secondary Locations: Headquarters Air Force Personnel Center, 550 C
Street W, Randolph Air Force Base, TX 78150-4746.
Washington National Records Center, 4205 Suitland Road, Suitland,
MD 20746-8001.
Headquarters of Air Force major commands and all levels down to and
including Air Force installations. Official mailing addresses are
published as an appendix to the Air Force's compilation of systems of
records notices.
Categories of individuals covered by the system:
Individuals subject to the Uniform Code of Military Justice (10
U.S.C. 802, Art. 2. Persons subject).
Categories of records in the system:
Individual's name, Social Security Number (SSN), records of trial
by courts-martial; records of Article 15 punishment; discharge
proceedings; documents received or prepared in anticipation of
administrative non-judicial and judicial proceedings; witness
statements; police reports; other reports and records from local, state
or federal agencies.
Authority for maintenance of the system:
10 U.S.C. 8013, Secretary of the Air Force; 10 U.S.C. 8037, Judge
Advocate General; 10 U.S.C. 815, Art. 15 Commanding officer's
nonjudicial punishment; 10 U.S.C. 854, Record of Trial; 10 U.S.C. 938,
Art. 138. Complaints of wrongs; Air Force Instruction 51-201,
Administration of Military Justice; Air Force Instruction 51-202, Law--
Nonjudicial Punishment; and E.O. 9397 (SSN).
Purpose(s):
Records are used to investigate, adjudicate and prosecute adverse
action cases, Article 138 complaints, and for other investigations, as
necessary. For review by appellate and other authorities; for use for
official purposes by Department of Defense personnel. Also used as
source documents for collection of statistical information and used to
manage cases and case processing.
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:
Records from this system may be disclosed to other federal agencies
and federal courts for official purposes, to include a determination of
rights and entitlements of individuals concerned or the government.
The records may also be disclosed to a governmental board or agency
or health care professional society or organization if such record or
document is needed to perform licensing or professional standards
monitoring; to medical institutions or organizations for official
purposes, wherein the individual has applied for or been granted
authority or employment to provide health care services if such record
or document is needed to assess the professional qualifications of such
member.
To victims and witnesses of a crime for the purposes of providing
information consistent with the requirements of the Victim and Witness
Assistance Program and the Victims' Rights and Restitution Act of 1990.
The DoD `Blanket Routine Uses' set forth at the beginning of the
Air Force'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 in file folders and electronic storage media.
Retrievability:
Individual's name, Social Security Number (SSN) or Military Service
Number.
Safeguards:
Records are accessed by person(s) responsible for servicing the
record system in performance of their official duties and by authorized
personnel who are properly screened and cleared for need-to-know.
Records are stored in locked rooms and cabinets. Those in computer
storage devices are protected by computer system software. Computers
must be accessed with a password.
Retention and disposal:
Courts-martial records are retained in office files for 2 years
following date of final action and then retired as permanent.
General and special courts-martial records are retired to the
Washington National Records Center, Washington, DC 20409-0002;
Summary courts-martial and Article 15 records are retained in
office files for 3 years or until no longer needed, whichever is later,
and then retired as permanent.
Summary courts-martial and Article 15 records are forwarded to the
Air Force Personnel Center for filing in the individual's permanent
master personnel record.
Records received or prepared in anticipation of judicial and non-
judicial Uniform Code of Military Justice or discharge proceedings, and
data maintained on Judge Advocate's computer storage are maintained
until action is final or no longer needed.
Paper records are disposed of by tearing into pieces, shredding,
pulping, macerating or burning. Computer records are destroyed by
deleting, erasing, degaussing, or by overwriting.
System manager(s) and address:
The Judge Advocate General, Headquarters United States Air Force,
1420 Air Force Pentagon, Washington, DC 20330-1420.
Notification procedure:
Individuals seeking to determine whether information about
themselves is contained in this system of records should address
written inquiries to The Judge Advocate General, Headquarters United
States Air Force, 1420 Air Force Pentagon, Washington, DC 20330-1420.
Individuals should provide their full name, Social Security Number
(SSN), Unit of assignment, date of trial and type of court, date of
discharge action, and date of punishment imposed in the case of Article
15 action may also be necessary, as appropriate.
Record access procedures:
Individuals seeking to access records about themselves contained in
this
[[Page 80377]]
system of records should address written inquiries to The Judge
Advocate General, Headquarters United States Air Force, 1420 Air Force
Pentagon, Washington, DC 20330-1420.
Individuals should provide their full name, Social Security Number
(SSN), Unit of assignment, date of trial and type of court, date of
discharge action, and date of punishment imposed in the case of Article
15 action may also be necessary, as appropriate.
Contesting record procedures:
The Air Force rules for accessing records, and for contesting
contents and appealing initial agency determinations are published in
Air Force Instruction 33-332; 32 CFR part 806b; or may be obtained from
the system manager.
Record source categories:
Information from almost any source can be included if it is
relevant and material to the proceedings. These include, but are not
limited to witness statements; police reports; reports from local,
state, and federal agencies; information submitted by an individual
making an Article 138 complaint; Inspector General investigations and
commander directed inquiries.
Exemptions claimed for the system:
Portions 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 that performs as its principle function any activity
pertaining to the enforcement of criminal laws from the following
subsections of 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2),
(e)(3), (e)(4)(G), (H) and (I), (e)(5), (e)(8), (f), and (g).
Records compiled for law enforcement purposes, other than material
within the scope of subsection 5 U.S.C. 552a(j)(2), may be exempt
pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is denied
any right, privilege, or benefit for which he would otherwise be
entitled by Federal law or for which he would otherwise be eligible, as
a result of the maintenance of the information, the individual will be
provided access to the information except to the extent that disclosure
would reveal the identify of a confidential source from the following
subsections of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and
(I), and (f).
Note: When claimed, this exemption allows limited protection of
investigative reports maintained in a system of records used in
personnel or administrative actions.
An exemption rule for this record system has been promulgated in
accordance with the requirements of 5 U.S.C. 553(b)(1), (2), and
(3), (c) and (e) and published in 32 CFR part 806b. For additional
information contact the system manager.
F051 AF JA H
System name:
Claims Records. (November 12, 2008, 73 FR 66867).
Changes:
Change System ID to ``F051 AFJA J.''
* * * * *
F051 AFJA J
System name:
Claims Records.
System location:
The Judge Advocate General, Headquarters United States Air Force,
1420 Air Force Pentagon, Washington, DC 20330-1420. Headquarters of
major commands and at all levels down to and including Air Force
installations. Official mailing addresses are published as an appendix
to the Air Force's compilation of systems of records notices.
Categories of individuals covered by the system:
Individuals filing administrative claims against the Air Force or
against whom the Air Force has filed an administrative claim.
Categories of records in the system:
All records necessary to adjudicate a claim, to include reports
from other DoD offices; federal and state agencies; foreign
governments; and witness statements.
Authority for maintenance of the system:
10 U.S.C. 8013, Secretary of the Air Force; U.S.C. 8037, Judge
Advocate General, Deputy Judge Advocate General: Appointment and
duties; Air Force Instruction 51-501, Tort Claims; Air Force
Instruction 51-502, Personnel and Government Recovery Claims and E.O.
9397 (SSN).
Purpose(s):
Records are used for claims adjudication and processing, budgeting,
and management of claims. Records are also used as necessary in civil
litigation involving the United States.
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 any other federal agency for the purpose of adjudicating claims
and civil litigation.
To state and local entity for the purpose of claims processing and
civil litigation involving the Air Force.
To any person or entity for the purpose of completing the Air
Force's structured settlements.
To foreign governments and courts, carriers and their insurance
companies for all purposes involving the investigation and payment of
claims filed against the Air Force or in which the Air Force is an
interested party.
The `Blanket Routine Uses' published at the beginning of the Air
Force'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 in file folders and on electronic storage media.
Retrievability:
Retrieved by name, Social Security Number (SSN) and/or claim
number.
Safeguards:
Records are accessed by person(s) responsible for servicing the
record system in performance of their official duties and by authorized
personnel who are properly screened and cleared for need-to-know.
Records are stored in locked rooms and cabinets. Those in computer
storage devices are protected by computer system software. Computers
must be accessed with a password.
Retention and disposal:
Retained in office either one or two years depending upon type of
claim, then destroyed after four additional years at staging area;
after agency action completed others are held one, three, five years or
ten years, depending on the type of claim and type of record. Paper
files are disposed of by tearing into pieces, shredding, pulping,
macerating, or burning. Computer records are destroyed by deleting,
erasing, degaussing, or by overwriting.
System manager(s) and address:
The Judge Advocate General, Headquarters United States Air Force,
1420 Air Force Pentagon, Washington, DC 20330-1420.
Notification procedure:
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the Judge Advocate General, Headquarters United
[[Page 80378]]
States Air Force, 1420 Air Force Pentagon, Washington, DC 20330, or to
the Staff Judge Advocate at the concerned subordinate command or
installation.
Requests should include full name and proof of identity, date of
incident and claim number, date and type of claim, location of incident
may also be required.
Record access procedures:
Individuals seeking access to information about themselves
contained in this system should address written inquiries to the Judge
Advocate General, Headquarters United States Air Force, 1420 Air Force
Pentagon, Washington, DC 20330; or to the Staff Judge Advocate at the
concerned subordinate command or installation.
Requests should include full name and proof of identity, date of
incident and claim number, date and type of claim, location of incident
may also be required.
Contesting record procedures:
The Air Force rules for accessing records, and for contesting
contents and appealing initial agency determinations are published in
Air Force Instruction 33-332; 32 CFR part 806b; or may be obtained from
the system manager.
Record source categories:
Information obtained from federal agency reports, claimants,
medical institutions, police and investigating officers, the public
media, bureaus of motor vehicles, state or local governments, and
witnesses.
Exemptions claimed for the system:
None.
F051 AF JA I
System name:
Commander Directed Inquiries (December 12, 2008, 73 FR 75686)
Changes:
Change System ID to ``F051 AFJA K.''
* * * * *
F051 AFJA K
System name:
Commander Directed Inquiries.
System location:
Commander Directed Inquiries are maintained at the installation
where the Commander's office is located.
Information copies of a report are kept at the individual's
organization and at other organizations which have an interest in a
particular incident or problem involving that individual that is
addressed in the report. Official Air Force mailing addresses are
published as an appendix to the Air Force's compilation of record
systems notices.
Categories of individuals covered by the system:
All persons who are the subject of reviews, inquiries, or
investigations conducted under the inherent authority of a commander or
director. All persons who are the subject of administrative command
actions for which another system of records is not applicable.
Categories of records in the system:
Commander directed investigations; letters/transcriptions of
complaints, allegations and queries; letters of appointment; reports of
reviews, inquiries and investigations with supporting attachments,
exhibits and photographs, record of interviews; witness statements;
reports of legal review of case files, congressional responses;
memoranda; letters and reports of findings and actions taken; letters
to complainants and subjects of investigations; letters of rebuttal
from subjects of investigations; finance, personnel; administration;
adverse information and technical reports; documentation of command
action.
Authority for maintenance of the system:
10 U.S.C. 8013, Secretary of the Air Force; 10 U.S.C. 8037, Judge
Advocate General; 10 U.S.C. 164, Commanders of Combatant Commands; Air
Force Instruction 51-904, Complaints of Wrongs under Article 138,
Uniform Code of Military Justice and E.O. 9397 (SSN).
Purpose(s):
Used for thorough and timely resolution and response to complaints,
allegations, or queries. May also be used for personnel actions
involving civilian or military employees.
Documents received or prepared in anticipation of litigation are
used by attorneys for the government to prepare for trials and
hearings; to analyze evidence; to prepare for examination of witnesses;
to prepare for argument before courts, magistrates, and investigating
officers; and to advise commanders.
Routine uses of records maintained in the system, including categories
of users and the purpose 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 boards or agencies or health care professional
societies or organizations, or other professional organizations, if
such record or document is needed to perform licensing or professional
standards monitoring.
The DoD `Blanket Routine Uses' set forth at the beginning of the
Air Force'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 in file folders and electronic storage media.
Retrievability:
Retrieved by subject's name and/or Social Security Number (SSN).
Safeguards:
Records are accessed by person(s) responsible for servicing the
record system in performance of their official duties and by authorized
personnel who are properly screened and cleared for need-to-know.
Records are stored in locked rooms and cabinets. Those in computer
storage devices are protected by computer system software. Computers
are only accessible with a password.
Retention and disposal:
Disposed of 2 years after the case is closed. Paper records are
disposed of by tearing into pieces, shredding, pulping, macerating or
burning. Computer records are destroyed by deleting, erasing,
degaussing or by overwriting.
System manager(s) and address:
The Commander who initiated an investigation or that Commander's
successor in command, at that Commander's installation office. Official
Air Force mailing addresses are published as an appendix to the Air
Force's compilation of record systems notices.
Notification procedure:
Individuals seeking to determine whether this system of records
contains information about themselves should address written inquiries
to the Commander who initiated the investigation, or that Commander's
successor, at the Commander's installation office.
Requests should provide their full name, mailing address, and proof
of identity.
Record access procedures:
Individuals seeking to access records about themselves contained in
this
[[Page 80379]]
system should address requests to the Commander who initiated the
investigation, or that Commander's successor in command, at the
Commander's installation office.
Requests should provide their full name, mailing address and proof
of identity.
Contesting record procedures:
The Air Force rules for accessing records, and for contesting
contents and appealing initial agency determinations, are published in
Air Force Instruction 33-332; 32 CFR part 806b; or may be obtained from
the system manager.
Record source categories:
Complainants, subjects, reports of investigations, witnesses, third
parties, state and local governments and agencies, other federal
agencies, members of Congress, and civilian police reports. Information
from almost any source can be included if it is relevant and material
to the investigation, inquiry, or subsequent command action.
Exemptions claimed for the system:
Investigatory material compiled for law enforcement purposes, other
than material within the scope of subsection 5 U.S.C. 552a(j)(2), may
be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is
denied any right, privilege, or benefit for which he would otherwise be
entitled by Federal law or for which he would otherwise be eligible, as
a result of the maintenance of the information, the individual will be
provided access to the information exempt to the extent that disclosure
would reveal the identify of a confidential source.
Note: When claimed, this exemption allows limited protection of
investigative reports maintained in a system of records used in
personnel or administrative actions.
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) published in 32 CFR part 806b. For additional information
contact the system manager.
[FR Doc. E8-31044 Filed 12-30-08; 8:45 am]
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