Privacy Act of 1974; System of Records

DEPARTMENT OF DEFENSE

Department of the Navy

Privacy Act of 1974; System of Records

AGENCY: Marine Corps, Department of the Navy, DOD..

ACTION: Amend a record system.

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SUMMARY: The U.S. Marine Corps proposes to amend a system of records in

its inventory of record systems subject to the Privacy Act of 1974 (5

U.S.C. 552a), as amended.

DATES: The amendment will be effective September 16, 1997.

ADDRESSES: Send comments to the Head, FOIA and Privacy Act Section,

Headquarters, U.S. Marine Corps, 2 Navy Annex, Washington, DC 20380-

1775.

FOR FURTHER INFORMATION CONTACT: Ms. B. L. Thompson at (703) 614-4008

or DSN 224-4008.

SUPPLEMENTARY INFORMATION: The U.S. Marine Corps 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 amendments are not within the purview of subsection

(r) of the Privacy Act (5 U.S.C. 552a), as amended, which would require

the submission of a new or altered system report for each system. The

specific changes to the record systems being amended are set forth

below followed by the notices, as amended, published in their entirety.

Dated: September 11, 1997.

L. M. Bynum,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

MMN00010

System name:

Personnel Services Working Files (February 22, 1993, 58 FR 10664).

Changes:

* * * * *

Purpose:

Delete the last four words in the entry and replace with a period

and add the following sentence `Key Volunteer Network (KVN) personnel

or Chaplains will use this information to contact the next of kin on

family matters, to include decedent affairs.'

* * * * *

Record source categories:

In line one, delete the words `Marine Corps Manpower Management

System; Joint Uniform Military Pay System' and replace with `Marine

Corps Total Force System'.

* * * * *

MMN00010

System name:

Personnel Services Working Files.

System location:

All Marine Corps activities. U.S. Marine Corps official mailing

addresses are incorporated into the Department of the Navy's address

directory, published as an appendix to the Navy's compilation of

systems of records notices.

Categories of individuals covered by the system:

Members and former members of the Marine Corps and Marine Corps

Reserve; permanently and temporarily retired members of the Marine

Corps and Marine Corps Reserve; members of the Fleet Marine Corps

Reserve; Federal civil service employees of the Marines Corps; and

dependents, survivors or appointed agents of the foregoing. Some

information about dependents and other members of families or former

families of Marine Corps personnel may be included in files pertaining

to the Marine. Inquiries from the general public, whether addressed

directly to HQMC or received via a third party, may be retained

together with information obtained in the course of completing required

action or in preparing a response.

Categories of records in the system:

Files contain information pertaining to identification; prior

service; location and addresses; decedent affairs; military honors at

funerals; recovery of remains; casualty notification; condolence

letters to next of kin; transportation, passports and visas for next of

kin of casualties medically warranted overseas; missing persons;

prisoners of war; reserve disability benefits; casualty statistics;

certification of eligibility for award of Purple Heart Medal; death

benefits and annuity payments; Official reports of casualty;

certification of life insurance coverage; investigative reports; travel

of dependents; reports and death certificates substantiating casualty

status; intelligence reports concerning missing and captured members;

prior and present marital status; dissolution of prior marriages;

birth, marriage and death certificates; adopting of children; financial

responsibility; child support; claims of non-support; personal health

and welfare reports; alien marriages; conduct and personal history as

it pertains to marriage and its responsibilities; medical information;

garnishment of pay; powers of attorney; personal financial records;

police and fire reports; records of emergency data; medical care; use

of exchanges, commissaries and theaters; recovery of invalid dependent

identification and privilege cards; correction of naval records;

defense related employment; veterans rights, benefits and privileges;

awards, recommendations and/or issuances; Survivor Benefit Plan;

preseparation counseling; civil readjustment; Retired Serviceman's

Family Protection Plan; residence; basic allowance for quarters; leave

and liberty; financial assistance; extensions of emergency leave; in

service FHA mortgage insurance loans; reimbursement for damage to or

loss of personal property; transportation of household goods; claims

against the government; lost, damaged or abandoned property; medical

bills; determinations of dependency status; claims against commercial

carriers, insurers, and contractors; dependent identification and

privilege cards; official correspondence (including correspondence from

Marines, their families, attorneys, doctors, lawyers, clergymen,

administrators/executors/guardians of estates, American Red Cross and

other welfare agencies and the general public, whether addressed

directly to the Marine Corps or via third parties); internal routing

and processing or personal affairs matters; and records

[[Page 48634]]

of interviews and telephonic conversations.

Authority for maintenance of the system:

5 U.S.C. 301, Departmental Regulations; 10 U.S.C. 1071-1087, 1441-

1442, 1444-1455, 1475-1488, 2771; 37 U.S.C. 401, 551, et.seq.; 38

U.S.C. 4301-4307; and E.O. 11016.

Purpose(s):

To provide a record for use in the administration of programs

concerning the personal welfare of Marines and their dependents and/or

survivors. Key Volunteer Network (KVN) personnel or Chaplains will use

this information to contact the next of kin on family matters, to

include decedent affairs.

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:

Records are used by intelligence and other government agencies

assisting in the investigation of circumstances of casualty and in

accounting for personnel who are deceased (body not recovered),

missing, captured, or detained.

The `Blanket Routine Uses' set forth at the beginning of the Marine

Corp'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 in file folders, vertical strip files, microfiche and

card files stored in filing cabinets, shelves, tables and desks.

Retrievability:

Files are accessed and retrieved by subject matter and by

individual. Identification of individual is by name or Social Security

Number.

Safeguards:

Building is located in controlled access area with security guards

on 24 hour duty. Access to information contained in the files is

limited to Officials and employees of Headquarters, U.S. Marine Corps

acting in their official capacity upon demonstration of a need-to-know

basis. Records held by field activities are maintained in areas

accessible only to authorized personnel that are properly screened,

cleared and trained. Locked and/or guarded offices.

Retention and disposal:

Files are retained for differing lengths of time, depending upon

the purpose of the information contained therein. Death benefit data

are retained for five years and then destroyed; records of emergency

data are retained until the Marine's death or separation from active

duty or active reserves; Department of Defense Reports of Casualty are

retained for such period as deemed necessary, and then transferred to

the Historical Division, Headquarters, U.S. Marine Corps; casualty

statistics and rosters, and statistical reports are retained for such

period as deemed necessary and then transferred to Historical Division,

Headquarters, U. S. Marine Corps or destroyed as deemed appropriate;

missing and captured personnel data and unusual miscellaneous casualty

topic data are retained for such period as deemed necessary and then

destroyed; files concerning dependency determination are retained for

one year and then destroyed; files concerning veterans rights, benefits

and privileges are retained indefinitely or until the member and all

eligible survivors are deceased; files concerning correction of naval

records are destroyed upon completion of action; files regarding

adjudication of claims against the government are retained for six

months and then destroyed; files containing information which could be

considered to be derogatory nature are disposed of as directed by

competent authority; all other files are retained for three years and

then destroyed.

System manager(s) and address:

Commandant of the Marine Corps, Headquarters, U.S. Marine Corps

(M&RA), Washington, DC 20380-1775.

Notification procedure:

Individuals seeking to determine whether information about

themselves is contained in this system should address written inquiries

to the Commandant of the Marine Corps (Code M&RA), Headquarters, U.S.

Marine Corps, Washington, DC 20380-1775. Telephone (703) 614-2558.

Correspondence should contain the full name, Social Security Number

and signature of the requester. The individual may visit the above

location for review of files. Proof of identification may consist of

the active, reserve, retired or dependent identification card, the

Armed Forces Report of Transfer or Discharge (DD Form 214), discharge

certificate, driver's license, social security card, or by providing

such other data sufficient to ensure the individual is the subject of

the inquiry.

Record access procedures:

Individuals seeking access to information about themselves

contained in this system should address written inquiries to the

Commandant of the Marine Corps (Code M&RA), Headquarters, U.S. Marine

Corps, Washington, DC 20380-1775. Telephone (703) 614-2558.

Contesting record procedures:

The USMC rules for contesting contents and appealing initial agency

determinations are published in Secretary of the Navy Instruction

5211.5; Marine Corps Order P5211.2; 32 CFR part 701; or may be obtained

from the system manager.

Record source categories:

Marine Corps Manpower Management System; Joint Uniform Military Pay

System; Marine Corps Military Personnel Records System; Marine Corps

Deserter Inquiry File; Staff agencies and subdivisions of Headquarters,

U.S. Marine Corps; Marine Corps commands and organizations; Other

agencies of federal, state, and local governments; Educational

institutions; Medical reports and psychiatric evaluations; Financial

institutions and other commercial enterprises; Civil courts and law

enforcement agencies; Correspondence and telephone calls from private

citizens initiated directly to the Marine Corps or via the U.S.

Congress and other agencies; Investigative reports; American Red Cross

and similar welfare agencies; Department of Veterans Affairs.

Exemptions claimed for the system:

None.

[FR Doc. 97-24533 Filed 9-15-97; 8:45 am]

BILLING CODE 5000-04-F