Privacy Act of 1974; System of Records

DEPARTMENT OF DEFENSE

Office of the Secretary

Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary, DoD.

ACTION: Notice to add a system of records.

-----------------------------------------------------------------------

SUMMARY: The Office of the Secretary proposes to add a system of

records notice to its existing 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 without further notice on

January 11, 1999, unless comments are received which result in a

contrary determination.

ADDRESSES: Send comments to OSD Privacy Act Coordinator, Records

Section, Directives and Records Division, Washington Headquarter

Services, Correspondence and Directives, 1155 Defense Pentagon,

Washington, DC 20301-1155.

FOR FURTHER INFORMATION CONTACT: Mr. David Bosworth at (703) 695-0970

or DSN 225-0970.

SUPPLEMENTARY INFORMATION: The Office of the Secretary systems of

records notices 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 November 24, 1998, 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).

[[Page 68257]]

Dated: December 4, 1998.

L.M. Bynum,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

DGC 19

System name:

DoD Final Personnel and General Claims and Waiver Files.

System location:

Defense Office of Hearings and Appeals, Defense Legal Services

Agency, Department of Defense, 4015 Wilson Boulevard, Suite 300,

Arlington, VA 22203-1995.

Categories of individuals covered by the system:

Pay and Travel Claims: Uniformed service members of DoD, the Coast

Guard, National Oceanic and Atmospheric Administration, and the Public

Health Service or their dependents, beneficiaries, agents, attorneys or

other individuals who may benefit from the member's tenure and who have

an unresolved dispute related to a claim for pay, allowances, travel,

transportation, retired pay, or survivor benefits.

Waiver Authority: DoD civilian employees, uniformed service members

of DoD, the Coast Guard, National Oceanic and Atmospheric

Administration, and the Public Health Service or their dependents,

beneficiaries, agents, attorneys or other individuals who may benefit

from the member's tenure and who have an unresolved dispute related to

a request for waiver of erroneous payments of pay and allowances.

General Claims: Any individuals with other general claims arising

from activities within DoD.

Categories of records in the system:

Case files include administrative reports from DoD military and

civilian employees, the Coast Guard, the National Oceanic and

Atmospheric Administration, and the Public Health Service; claims,

waiver applications, and all pertinent or supporting materials related

to a claim or waiver application; written decisions of this Office, the

Agency concerned, and the Deputy General Counsel (Fiscal); and such

other matter as the claims adjudicators and attorneys may include in

the record, including copies of precedents relied on in resolving a

case.

Automated case status records for current cases and inactive cases

are used to provide location and status and internal identification of

cases, to prepare listings and internal statistical reports, and to

monitor work flow and case handling actions.

Authority for maintenance of the system:

5 U.S.C. 5584; 10 U.S.C. 140; 10 U.S.C. 2575; 10 U.S.C. 2771; 10

U.S.C. 2774; 24 U.S.C. 420; 31 U.S.C. 3529; 31 U.S.C. 3702; 32 U.S.C.

714; 32 U.S.C. 716; 37 U.S.C. 554; and E.O. 9397 (SSN).

Purpose(s):

Records are collected and maintained to support the resolution of a

claim or waiver application and to provide decisions to those parties

involved in:

a. Claims related to uniform services members' pay, allowances,

travel, transportation, retired pay, and survivor benefits;

b. Claims by transportation carriers for amounts collected from

them for loss and damage incurred to property incident to shipment at

Government expense;

c. Claims for proceeds of sale of unclaimed property coming into

the custody or control of the Army, Navy, Air Force or Coast Guard;

d. Final settlements of accounts of members of the Armed Forces,

including the National Guard;

e. Reports on disposition of the effects of deceased members of

the Army and Air Force for settlement under 10 U.S.C. 2771, 10 U.S.C.

4712 and 9712;

f. Claims for the proceeds of the sale of motor vehicles and items

of household goods and personal property of members of the Uniformed

Services reported dead, injured, ill or absent for a period of more

than 29 days in a missing status;

g. Claims for the proceeds from the disposition of effects of

deceased residents of the Armed Forces Retirement Home;

h. Claims arising from DoD activities cognizable under 31 U.S.C.

3702, not otherwise delegated by the Director, OMB.

i. Waivers of payment submitted by individuals who seek final

adjudication of their requests for waiver of erroneous payments of pay

and allowances. Waivers are submitted by:

(1) Uniformed service members of DoD, the Coast Guard, National

Oceanic and Atmospheric Administration, and the Public Health Service,

of individuals who may derive any benefit on account of such tenure who

have an unresolved dispute relating to a claim for pay, allowances,

travel, transportation, retired pay, or survivor benefits.

(2) DoD civilian employees who have an unresolved dispute related

to a request for waiver of erroneous payments of pay.

Records also are collected and maintained to record processing

steps taken and processing time; to prepare statistical listings and

summaries; to monitor and control adjudicative actions and processes.

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:

To the Coast Guard, the National Oceanic and Atmospheric

Administration, and the Public Health Service for the purpose of

obtaining and providing information relating to claims and waivers.

The `Blanket Routine Uses' set forth at the beginning of OSD'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 are maintained in file folders and electronic records

are stored on magnetic or optical media.

Retrievability:

Paper records are retrieved by case number. Computer data is

retrieved by name, address, and Social Security Number, case number, or

a combination of other personal identifying data.

Safeguards:

Records are stored in a secure area accessible only to DOHA

authorized personnel. All records are stored, processed, transmitted

and protected as the equivalent of For Official Use Only information.

Records are accessed by the custodian of the record system and by

persons responsible for using or servicing the system, who are properly

screened and have a need-to-know. Computer hardware is located in

controlled areas with access limited to authorized personnel. Computer

access is via dedicated data circuits with password control. Individual

passwords are changed periodically and upon departure of personnel. The

dedicated data feature prevents access from standard dial-up

telephones. Only DOHA personnel are given the security level on the

computer system needed to amend, add, alter, change, or delete Claims

and Waiver records.

Retention and disposal:

Records are destroyed 6 years and 3 months after date of last DOHA

action.

[[Page 68258]]

System manager(s) and address:

Director, Defense Office of Hearings and Appeals, P0 Box 3656,

Arlington, VA 22203-1995.

Notification procedure:

Individuals seeking to determine whether information about

themselves is contained in this system should address written inquiries

to the Director, Defense Office of Hearings and Appeals, PO Box 3656,

Arlington, VA 22203-1995.

Request should include the individual's full name, address,

telephone number, Social Security Number and other information

identifiable from the record.

Record access procedures:

Individuals seeking access to information about themselves

contained in this system of records should address written inquiries to

the Director, Defense Office of Hearings and Appeals, PO Box 3656,

Arlington, VA 22203-1995.

Request should include the individual's full name, address,

telephone number, Social Security Number and other information

identifiable from the record. 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 without 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)'.

Records may be made available for review at DOHA Headquarters upon

appointment made with the Director. Individual must be able to provide

picture identification, such as a valid driver's license.

Contesting record procedures:

The OSD rules for accessing records, for contesting contents and

appealing initial agency determinations are published in OSD

Administrative Instruction 81; 32 CFR part 311; or may be obtained from

the system manager.

Record source categories:

Information is received from agency claims and waiver application

files; from subject individuals, their attorneys or authorized

representatives; or other documentary evidence made part of the record

by the individual or the agency.

Exemptions claimed for the system:

None.

[FR Doc. 98-32749 Filed 12-9-98; 8:45 am]

BILLING CODE 5000-04-F