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)

Page Range		19960-19961
FR Document		2016-07879

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 Issue 66 (Wednesday, April 6, 2016)

[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

Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Notices 19961

Policies and practices for storing, commonwealths: ‘I declare (or certify, comment on the provisions thereof.
retrieving, accessing, retaining, and verify, or state) under penalty of perjury Comments are invited on: (a) Whether
disposing of records in the system: that the foregoing is true and correct. the proposed collection of information
Executed on (date). (Signature)’.’’ is necessary for the proper performance
STORAGE:
of the functions of the agency, including
Delete entry and replace with ‘‘Paper RECORD ACCESS PROCEDURES:
whether the information shall have
records and electronic storage media.’’ Delete entry and replace with practical utility; (b) the accuracy of the
‘‘Individuals seeking access to agency’s estimate of the burden of the
RETRIEVABILITY: information about themselves contained proposed information collection; (c)
Delete entry and replace with ‘‘By in this system should address written ways to enhance the quality, utility, and
individual’s full name and SSN/DoD ID request to the Deputy Chief of Staff for clarity of the information to be
Number.’’ Personnel, Headquarters, Department of collected; and (d) ways to minimize the
the Army, ATTN: DAPE–MPD, 4000 burden of the information collection on
SAFEGUARDS:
Army Pentagon, Washington, DC respondents, including through the use
Delete entry and replace with ‘‘Paper 20310–4000.
records in file cabinets are accessible of automated collection techniques or
Inquirer should furnish full name, other forms of information technology.
only to authorized personnel who are SSN/DoD ID Number, current address
properly instructed in the permissible DATES: Consideration will be given to all
and telephone number, and sufficient
use. The files are not accessible to the details concerning time and place of comments received by June 6, 2016.
public or to persons within the event to ensure locating pertinent ADDRESSES: You may submit comments,
command without an official need to records, and signature. identified by docket number and title,
know. File cabinets have locking In addition, the requester must by any of the following methods:
capabilities and offices are locked provide a notarized statement or an • Federal eRulemaking Portal: http://
during non-work hours. Army Activities unsworn declaration made in www.regulations.gov. Follow the
and approved users ensure that accordance with 28 U.S.C. 1746, in the instructions for submitting comments.
electronic records collected and used following format: • Mail: ODCMO, Directorate for
are maintained in controlled areas Oversight and Compliance, 4800 Mark
IF EXECUTED OUTSIDE THE UNITED STATES: Center Drive, ATTN: Mailbox 24,
accessible only to authorized personnel.
Access to computerized data is ‘I declare (or certify, verify, or state) Alexandria, VA 22350–1700.
restricted by use of Common Access under penalty of perjury under the laws Instructions: All submissions received
Cards (CACs) and is accessible only by of the United States of America that the must include the agency name, docket
users with an authorized account. The foregoing is true and correct. Executed number and title for this Federal
system and electronic backups are on (date). (Signature)’. Register document. The general policy
maintained in controlled facilities that If executed within the United States, for comments and other submissions
employ physical restrictions and its territories, possessions, or from members of the public is to make
safeguards such as security guards, commonwealths: ‘I declare (or certify, these submissions available for public
identification badges, key cards, and verify, or state) under penalty of perjury viewing on the Internet at http://
locks.’’ that the foregoing is true and correct. www.regulations.gov as they are
Executed on (date). (Signature)’.’’ received without change, including any
* * * * *
personal identifiers or contact
CONTESTING RECORD PROCEDURES:
NOTIFICATION PROCEDURE: information.
Delete entry and replace with ‘‘The Any associated form(s) for this
Delete entry and replace with Army’s rules for accessing records, and
‘‘Individuals seeking to determine if collection may be located within this
for contesting contents and appealing same electronic docket and downloaded
information about themselves is initial agency determinations are
contained in this system should address for review/testing. Follow the
contained in 32 CFR part 505, Army instructions at http://
written inquiries to the Deputy Chief of Privacy Program; or may be obtained
Staff for Personnel, Department of the www.regulations.gov for submitting
from the system manager.’’ comments. Please submit comments on
Army, 4000 Army Pentagon,
Washington, DC 20310–4000. * * * * * any given form identified by docket
[FR Doc. 2016–07879 Filed 4–5–16; 8:45 am] number, form number, and title.
Inquirer should furnish full name,
SSN/DoD ID Number, current address BILLING CODE 5001–06–P FOR FURTHER INFORMATION CONTACT: To
and telephone number, and sufficient request more information on this
details concerning time and place of proposed information collection or to
DEPARTMENT OF DEFENSE obtain a copy of the proposal and
event to ensure locating pertinent
records, and signature. Office of the Secretary associated collection instruments,
In addition, the requester must please write to the Leadership and
provide a notarized statement or an [Docket ID: DoD–2016–OS–0033] Organizational Development Office,
unsworn declaration made in 2400 Defense Pentagon, Room 5B683,
Proposed Collection; Comment ATTN: Dr. James Cully, Washington, DC
accordance with 28 U.S.C. 1746, in the
Request 20301–2400, or call, at 703.695.7386.
following format:
asabaliauskas on DSK3SPTVN1PROD with NOTICES

AGENCY: Office of the Under Secretary of SUPPLEMENTARY INFORMATION:
IF EXECUTED OUTSIDE THE UNITED STATES: Title; Associated Form; and OMB
Defense for Policy, DoD.
‘I declare (or certify, verify, or state) ACTION: Notice. Number: OUSD—Policy Pulse Survey
under penalty of perjury under the laws 2016; OMB Control Number 0704–
of the United States of America that the SUMMARY: In compliance with the XXXX.
foregoing is true and correct. Executed Paperwork Reduction Act of 1995, the Needs and Uses: The information
on (date). (Signature)’. Office of the Under Secretary of Defense collection requirement is necessary to
If executed within the United States, for Policy announces a proposed public obtain and record responses from
its territories, possessions, or information collection and seeks public contractor personnel employed within

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Document Created: 2018-02-07 13:52:12
Document Modified: 2018-02-07 13:52:12

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice to alter a system of records.
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.
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.
FR Citation		81 FR 19960

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

DEPARTMENT OF DEFENSEDepartment of the Army

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

DEPARTMENT OF DEFENSE
Department of the Army