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DPCLO Guidance

Defense Privacy Board Advisory Opinions

CORRECTIONS OF MILITARY RECORDS UNDER THE PRIVACY AC

One main purpose of the Privacy Act is to ensure records pertaining to individuals are maintained accurately so informed decisions based on those records can be made. The Privacy Act amendment provision, 5 U.S.C. § 552a(d)(2), permits individuals to request factual amendments to records pertaining to them. It does not permit correction of judgmental decisions such as efficiency reports or selection and promotion board reports. These judgmental decisions may be challenged before the Boards for Correction of Military and Naval Records which by statute are authorized to make these determinations. 10 U.S.C. § 1552. If factual matter is corrected under Privacy Act procedures, subsequent judgmental decisions that may have been affected by the factual correction, if contested, should be considered by the Boards for Correction of Military and Naval Records.