[Federal Register Volume 79, Number 207 (Monday, October 27, 2014)]
[Notices]
[Pages 63907-63909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25480]
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DEPARTMENT OF DEFENSE
Department of the Army
[Docket ID USA-2014-0039]
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 notice A0027-10a DAJA, entitled ``Military Justice Files'' in
its existing inventory of records systems subject to the Privacy Act of
1974, as amended. This system is used to prosecute or otherwise resolve
military justice cases; to obtain information and assistance from
federal, state, local, or foreign agencies, or from individuals or
organizations relating to an investigation, allegation of criminal
misconduct, or court-martial; and to provide information and support to
victims and witnesses in compliance with Victim and Witness Assistance
Statutes and regulations; and to provide support for non-judicial and
other administrative or disciplinary proceedings.
Records will be used to conduct statistical studies for assisting
The Judge Advocate General and servicing Staff Judge Advocates in the
management and administration of military justice.
[[Page 63908]]
DATES: Comments will be accepted on or before November 26, 2014. 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: 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, Jr., 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 Office Web site at http://dpclo.defense.gov/.
The proposed systems reports, as required by 5 U.S.C. 552a(r) of
the Privacy Act, as amended, were submitted on October 20, 2014, 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: October 22, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0027-10a DAJA
System name:
Military Justice Files (August 5, 2003, 68 FR 46168)
Changes:
* * * * *
System location:
Delete entry and replace with ``Primary location: Department of the
Army, Office of The Judge Advocate General, 2200 Army Pentagon,
Washington, DC 20310-2200.
Secondary locations: Staff Judge Advocate Offices, at major Army
commands, field operating agencies, Brigade Judge Advocate Offices,
installations and activities Army-wide. 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:
Delete entry and replace with ``Any Army military individual who is
the subject of a military justice investigation, trial by courts-
martial, or other administrative or disciplinary proceeding.''
Categories of records in the system:
Delete entry and replace with ``Individual's name, Social Security
Number (SSN), witness statements; pretrial advice; documentary
evidence; exhibits, evidence of previous convictions; personnel
records; recommendations as to the disposition of the charges;
explanation of any unusual features of the case; charge sheet; and
criminal investigation reports; convening orders; appointment orders;
investigative reports of federal, state, and local law enforcement
agencies; local command investigations; immunity requests; search
authorizations; general correspondence; legal research and memoranda;
motions; forensic reports; pretrial confinement orders; personal,
financial, and medical records; Article 32, Uniform Code of Military
Justice (UCMJ) investigations; subpoenas; discovery requests;
correspondence reflecting pretrial negotiations; requests for
resignation or discharge in lieu of trial by court-martial; results of
trial memoranda; and forms to comply with the Victim and Witness
Assistance Program, the Sexual Assault Prevention and Response Program
and the Victim's Rights and Restitution Act of 1990. Non-judicial
punishment (Article 15) actions: administrative separation actions;
suspension of favorable personnel actions; Trial Defense Service and
trial defense counsel personnel information, and attorney work-product,
trial judiciary personnel information, dockets; and trial records; Army
Court of Criminal Appeals, judicial orders, and opinions; and all other
documents related to the administration of Military Justice,
administrative separations, memoranda of reprimand, and
investigations.''
Authority for maintenance of the system:
Delete entry and replace with ``10 U.S.C. 3013, Secretary of the
Army; 42 U.S.C. 10607, Services to Victims; 10 U.S.C. 806b, Victim
Rights; DoD Directive 1030.01, Victim and Witness Assistance; DoD
Instruction 1030.2, Victim and Witness Procedures; Army Regulation 27-
10, Military Justice; and E.O. 9397 (SSN), as amended.''
* * * * *
Safeguards:
Delete entry and replace with ``Automated files are password
protected and in compliance with the applicable laws and regulations.
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. DoD
Components and approved users ensure that electronic records collected
and used are maintained in controlled areas accessible only to
authorized personnel. Physical security differs from site to site, but
the automated records must be maintained in controlled areas accessible
only by 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.''
Retention and disposal:
Delete entry and replace with ``Records are destroyed by erasure,
shredding or burning two years after final review/appellate action.''
* * * * *
[[Page 63909]]
Notification procedure:
Delete entry and replace with ``Individuals seeking to determine
whether information about themselves is contained in this system should
address written inquiries to the Chief, Criminal Law Division, Office
of The Judge Advocate General, 2200 Army Pentagon, Washington, DC
20310-2200.
Individual should provide his/her full name, current address and
telephone number, case number and office symbol of Army element which
furnished correspondence to the individual, other personnel identifying
data that would assist in locating the records, and be signed.
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 inquiries to the Chief, Criminal Law Division, Office of The
Judge Advocate General, 2200 Army Pentagon, Washington, DC 20310-2200.
Individual should provide his/her full name, current address and
telephone number, case number and office symbol of Army element which
furnished correspondence to the individual, other personal identifying
data that would assist in locating the records, and be signed.
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).' ''
* * * * *
[FR Doc. 2014-25480 Filed 10-24-14; 8:45 am]
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