[Federal Register Volume 78, Number 88 (Tuesday, May 7, 2013)]
[Notices]
[Pages 26623-26624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10769]
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DEPARTMENT OF DEFENSE
Department of the Army
[Docket ID: USA-2013-0009]
Privacy Act of 1974; System of Records
AGENCY: Department of the Army, DoD.
ACTION: Notice to add a new System of Records.
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SUMMARY: The Department of the Army proposes to add a new system of
records in its inventory of record systems subject to the Privacy Act
of 1974 (5 U.S.C. 552a), as amended.
DATES: This proposed action will be effective on June 7, 2013 unless
comments are received which result in a contrary determination.
Comments will be accepted on or before June 6, 2013.
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: Federal Docket Management System Office, 4800 Mark Center
Drive, East Tower, 2nd Floor, Suite 02G09, Alexandria, VA 22350-3100.
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: Mr. Leroy Jones, 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 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 at
http://dpclo.defense.gov/privacy/SORNs/component/army/index.html. The
proposed system report, as required by 5 U.S.C. 552a(r) of the Privacy
Act of 1974, as amended, was submitted on April 25, 2013, to the House
Committee on Oversight and 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 (February 20, 1996, 61 FR 6427).
Dated: May 2, 2013.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0600-8b AHRC
System Name:
Soldiers' Criminal History Files
[[Page 26624]]
System Location:
At each Brigade-level or higher Command. Official mailing addresses
are published as an appendix to the Army's compilation of systems of
records notices.
Categories of individuals covered by the system:
Active duty, National Guard and Reserve commissioned officers,
warrant officers and enlisted personnel assigned or projected for
assignment to Army units.
Categories of records in the system:
Reports of Soldiers with criminal convictions and investigations
included in the report information from witnesses, victims that
resulted in founded offenses over the preceding 5-year period and
related documentation. Information in the reports includes: Soldier's
name, Social Security Number (SSN), rank, aliases, date, location, and
description of the offense; case number of the reported offense,
Department of the Army Form 4833, Commander's Report of Disciplinary or
Administrative Action, Department of the Army Form 3975, Military
Police Reports-MPRs, and adjudication of the founded offense as guilty,
not guilty or unknown. If a Soldier has no criminal history within the
preceding 5-year period, the report will show a negative entry.
Authority for maintenance of the system:
10 U.S.C. 3013, Secretary of the Army; AR 27-10, Military Justice;
AR 380-67, Personnel Security Program; AR 600-8, Military Personnel
Management; Army Regulation 600-20, Army Command Policy; Army Directive
2013-06, Providing Specific Law Enforcement Information to Commanders
of Newly Assigned Soldiers; and E.O. 9397 (SSN), as amended.
Purpose(s):
This system will give Brigade-level or higher commanders an
additional tool to help them promote the health, resilience, well-being
and readiness of their Soldiers by ensuring command awareness of
Soldiers who have engaged in potentially high-risk criminal behaviors.
Provides commanders the information they need to take appropriate
intervention measures such as referral for counseling, treatment and
assistance, as required to mitigate potential risks. Brigade-level or
higher Commander may further disclose information from the files only
to those with an official need to know.
Routine use 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 of 1974, as amended, these 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:
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.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records and electronic storage media.
Retrievability:
By name, SSN and rank.
Safeguards:
Records are protected by physical security devices, computer
hardware and software safeguard features, and restrictions on system
access to only those personnel with an official need to know.
Soldiers' Criminal History Files will be sent via authorized
government electronic mail with Public Key Infrastructure (PKI)
encryption only to the Brigade-level or higher Commander who may
further disclose information from the files to those with an official
need to know. Personnel with an official need to know include
individuals with responsibility for risk assessment and management,
such as the chain of command, brigade judge advocate, paralegal
noncommissioned officer, and administrative personnel.
Paper records are stored in secure container/file cabinets with
access restricted to Brigade-level or higher commanders and personnel
with an official need to know.
Retention and disposal:
Soldier's Criminal history reports sent to commanders are deleted
or destroyed by shredding after the Soldier departs the unit.
System Managers and Address:
U.S. Army Human Resources Command, Deputy G-3 Operations (HRC-PL),
1600 Spearhead Division Avenue (1-3-021), Ft Knox, KY 40122-5102.
Notification procedure:
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the Brigade-level or higher Commander of the unit to which the
Soldier is assigned or the designated representative of the Commander.
Official mailing addresses are published as an appendix to the Army's
compilation of systems of records notices.
The request should provide their full name, SSN, current address,
and sufficient details to permit locating pertinent records.
Record access procedures:
Individuals seeking access to records about themselves contained in
this system should address written inquiries to the Brigade-level or
higher Commander of the unit to which the Soldier is assigned or the
designated representative of the Commander. Official mailing addresses
are published as an appendix to the Army's compilation of systems of
records notices.
The request should provide their full name, SSN, current address,
and sufficient details to permit locating pertinent records.
Contesting record procedures:
The Army's rules for accessing records, and for contesting contents
and appealing initial agency determinations are contained in Army
Regulation 340-21; 32 CFR part 505; or may be obtained from the system
manager.
Record source categories:
Subjects of criminal investigations, witnesses, victims, Military
Police and U.S. Army Criminal Investigation Command personnel and
special agents, informants, various Department of Defense, federal,
state and local investigative and law enforcement agencies, departments
or agencies of foreign governments, and any other individuals or
organizations that may supply pertinent information.
Exemptions claimed for the system:
None.
[FR Doc. 2013-10769 Filed 5-6-13; 8:45 am]
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