81 FR 19960 - Privacy Act of 1974; System of Records

DEPARTMENT OF DEFENSE
Department of the Army

Federal Register Volume 81, Issue 66 (April 6, 2016)

The Department of the Army proposes to alter a system of records, A0600-37b DAPE, entitled ``Unfavorable Information Files,'' to record Board action and to provide pattern of subsequent unfavorable information. Information filed in the performance portion of the Official Military Personnel File is also used by Department of Army promotion/selection boards when the individual has been afforded due process.

[Federal Register Volume 81, Number 66 (Wednesday, April 6, 2016)]
[Notices]
[Pages 19960-19961]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07879]


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DEPARTMENT OF DEFENSE

Department of the Army

[Docket ID: USA-2016-HQ-0011]


Privacy Act of 1974; System of Records

AGENCY: Department of the Army, DoD.

ACTION: Notice to alter a system of records.

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SUMMARY: The Department of the Army proposes to alter a system of 
records, A0600-37b DAPE, entitled ``Unfavorable Information Files,'' to 
record Board action and to provide pattern of subsequent unfavorable 
information. Information filed in the performance portion of the 
Official Military Personnel File is also used by Department of Army 
promotion/selection boards when the individual has been afforded due 
process.

DATES: Comments will be accepted on or before May 6, 2016. This 
proposed action will be effective on the date following the end of the 
comment period unless comments are received which result in a contrary 
determination.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
    * Federal Rulemaking Portal: http://www.regulations.gov Follow the 
instructions for submitting comments.
    * Mail: ODCMO, Directorate for Oversight and Compliance, 4800 Mark 
Center Drive, ATTN: Mailbox 24, Alexandria, VA 22350-1700.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the Internet 
at http://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT:  Ms. Tracy Rogers, Department of the 
Army, Privacy Office, U.S. Army Records Management and Declassification 
Agency, 7701 Telegraph Road, Casey Building, Suite 144, Alexandria, VA 
22325-3905 or by calling (703) 428-6185.

SUPPLEMENTARY INFORMATION: The Department of the Army's notices for 
systems of records 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 in FOR FURTHER INFORMATION CONTACT or from 
the Defense Privacy and Civil Liberties Division Web site at http://dpcld.defense.gov/.
    The proposed systems reports, as required by 5 U.S.C. 552a(r) of 
the Privacy Act, as amended, were submitted on March 28, 2016, to the 
House Committee on Oversight and Government Reform, the Senate 
Committee on Homeland Security and 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).

    Dated: April 1, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0600-37b DAPE

System name:
    Unfavorable Information Files (December 8, 2000, 65 FR 77002)

Changes:
* * * * *

Categories of records in the system:
    Delete entry and replace with ``Summary of unfavorable information, 
copy of letter of notification to individual, individual's response or 
appeal, summary of consideration of response or appeal, disposition 
determination, and voting record of Board members. Personal data 
includes full name, Social Security Number (SSN), DoD ID number, grade/
rank, mailing address, email, unit and location at discharge or 
separation, work and home telephone numbers.''

Authority for maintenance of the system:
    Delete entry and replace with ``10 U.S.C. 3013, Secretary of the 
Army; Department of Defense Directive 1030.01, Victim and Witness 
Assistance; DoDI 1030.2, Victim and Witness Assistance Procedures; and 
Army Regulation 600-37, Unfavorable Information; and E.O. 9397 (SSN), 
as amended.''
* * * * *

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Delete entry and replace with ``In addition to those disclosures 
generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, 
as amended, the records 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, consistent with the requirements of the Victim and Witness 
Assistance Program, regarding the investigation and disposition of an 
offense.
    The DoD Blanket Routine Uses set forth at the beginning of the 
Army's compilation of systems of records notices may apply to this 
system. The complete list of DoD Blanket Routine Uses can be found 
online at: http://dpcld.defense.gov/Privacy/SORNsIndex/BlanketRoutineUses.aspx.''

[[Page 19961]]

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

Storage:
    Delete entry and replace with ``Paper records and electronic 
storage media.''

Retrievability:
    Delete entry and replace with ``By individual's full name and SSN/
DoD ID Number.''

Safeguards:
    Delete entry and replace with ``Paper records in file cabinets are 
accessible only to authorized personnel who are properly instructed in 
the permissible use. The files are not accessible to the public or to 
persons within the command without an official need to know. File 
cabinets have locking capabilities and offices are locked during non-
work hours. Army Activities and approved users ensure that electronic 
records collected and used are maintained in controlled areas 
accessible only to authorized personnel. Access to computerized data is 
restricted by use of Common Access Cards (CACs) and is accessible only 
by users with an authorized account. The system and electronic backups 
are maintained in controlled facilities that employ physical 
restrictions and safeguards such as security guards, identification 
badges, key cards, and locks.''
* * * * *

Notification Procedure:
    Delete entry and replace with ``Individuals seeking to determine if 
information about themselves is contained in this system should address 
written inquiries to the Deputy Chief of Staff for Personnel, 
Department of the Army, 4000 Army Pentagon, Washington, DC 20310-4000.
    Inquirer should furnish full name, SSN/DoD ID Number, current 
address and telephone number, and sufficient details concerning time 
and place of event to ensure locating pertinent records, and signature.
    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 Outside 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)'.''

Record Access Procedures:
    Delete entry and replace with ``Individuals seeking access to 
information about themselves contained in this system should address 
written request to the Deputy Chief of Staff for Personnel, 
Headquarters, Department of the Army, ATTN: DAPE-MPD, 4000 Army 
Pentagon, Washington, DC 20310-4000.
    Inquirer should furnish full name, SSN/DoD ID Number, current 
address and telephone number, and sufficient details concerning time 
and place of event to ensure locating pertinent records, and signature.
    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 Outside 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)'.''

Contesting record procedures:
    Delete entry and replace with ``The Army's rules for accessing 
records, and for contesting contents and appealing initial agency 
determinations are contained in 32 CFR part 505, Army Privacy Program; 
or may be obtained from the system manager.''
* * * * *
[FR Doc. 2016-07879 Filed 4-5-16; 8:45 am]
 BILLING CODE 5001-06-P