Privacy Act of 1974; System of Records

DEPARTMENT OF DEFENSE

Department of the Navy

Privacy Act of 1974; System of Records

AGENCY: Department of the Navy, DOD.

ACTION: Notice to alter a system of records.

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SUMMARY: The Department of the Navy proposes to alter a record system

in its inventory of system of records notices subject to the Privacy

Act of 1974 (5 U.S.C. 552a), as amended.

DATES: The action will be effective without further notice on July 25,

1997, unless comments are received that would result in a contrary

determination.

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ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy

Branch, Chief of Naval Operations (N09B30), 2000 Navy Pentagon,

Washington, DC 20350-2000.

FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at (202) 685-6545 or

DSN 325-6545.

SUPPLEMENTARY INFORMATION: The complete inventory of the Department of

the Navy's record system notices for records systems 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 proposed system report, as required by 5 U.S.C. 552a(r) of the

Privacy Act of 1974, as amended, was submitted on June 13, 1997 to the

House Committee on Government Reform and Oversight, 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: June 19, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

N05819-3

System name:

Naval Clemency and Parole Board Files (September 20, 1993, 58 FR

48868).

Changes:

System identifier:

Delete entry and replace with `N01000-4.'

* * * * *

System location:

Delete entry and replace with `Naval Clemency and Parole Board, 901

M Street, SE, Washington, DC 20374-5023.'

Categories of individuals covered by the system:

Delete entry and replace with `Members or former members of the

Navy, Marine Corps, or Coast Guard whose cases have been or are being

considered by the Naval Clemency and Parole Board.'

* * * * *

Authority for maintenance of the system:

Add to entry `SECNAVINST 5815.3H, Department of the Navy Clemency

and Parole Systems'.

* * * * *

N01000-4

System name:

Naval Clemency and Parole Board Files.

System location:

Naval Clemency and Parole Board, 901 M Street, SE, Washington, DC

20374-5023.

Categories of individuals covered by the system:

Members or former members of the Navy, Marine Corps, or Coast Guard

whose cases have been or are being considered by the Naval Clemency and

Parole Board.

Categories of records in the system:

The file contains individual applications for clemency and/or

parole, reports and recommendations thereon indicating progress in

confinement or while awaiting completion of appellate review if not

confined, or on parole; correspondence between the individual or his

counsel and the Naval Clemency and Parole Board or other Navy offices;

other correspondence concerning the case; the court-martial order and

staff Judge Advocate's review; records of trial; and a summarized

record of the proceedings of the Board.

Authority for maintenance of the system:

10 U.S.C. 874(a), 952-954; SECNAVINST 5815.3H, Department of the

Navy Clemency and Parole Systems; and E.O. 9397 (SSN).

Purpose(s):

The file is used in conjunction with periodic review of the

member's or former member's case to determine whether or not clemency

or parole is warranted. The file is referred to in answering inquiries

from the member or former member or their counsel. The file is referred

to by the Naval Discharge Review Board and the Board for Correction of

Naval Records in conjunction with their subsequent review of

applications from members or former members. The file is also used by

counsel in connection with representation of members or former members

before the Naval Clemency and Parole Board.

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' that appear at the beginning of the

Navy'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 and computerized data base.

Retrievability:

Name and Social Security Number.

Safeguards:

Files are kept within the Naval Clemency and Parole Board

administration office. Access during business hours is controlled by

Board personnel. The office is locked at the close of business.

Computerized data base is password protected.

Retention and disposal:

Files are transferred to the Washington National Records Center,

4205 Suitland Road, Suitland, MD 20409 one year after discharge of

individual from the naval service. Files are destroyed after 25 years

after cut-off.

System manager(s) and address:

Director, Naval Council of Personnel Boards, 901 M Street, SE,

Washington, DC 20374-5023.

Notification procedure:

Individuals seeking to determine whether information about

themselves is contained in this system should address written inquiries

to the Director, Naval Council of Personnel Boards, 901 M Street, SE,

Washington, DC 20374-5023.

Requests should contain full name and Social Security Number.

Record access procedures:

Individuals seeking access to information about themselves

contained in this system should address written inquiries to the

Director, Naval Council of Personnel Boards, 901 M Street, SE,

Washington, DC 20374-5023.

Requests should contain full name and Social Security Number.

Contesting record procedures:

The Navy's rules for accessing records, and for contesting contents

and appealing initial agency determinations are published in Secretary

of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained

from the system manager.

Record source categories:

Information contained in the file is obtained from the member or

former

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member or from those acting in their behalf, from confinement

facilities, from military commands and offices, from personnel service

records and medical records, and from civilian law enforcement agencies

or individuals.

Exemptions claimed for the system:

Parts 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 which performs as its principle function any activity pertaining

to the enforcement of criminal laws.

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) and published in 32 CFR part 701, subpart G. For additional

information contact the system manager.

[FR Doc. 97-16564 Filed 6-24-97; 8:45 am]

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