SYSTEM NAME:

Courts-Martial Records and Reviews  (December 08, 2000,  65 FR 77008)

SYSTEM LOCATION:

Clerk of Court, U.S. Army Legal Services Agency, 901 North Stuart Street, Suite 1200, Arlington, VA 22203-1837; Washington National Records Center, 4205 Suitland Road, Suitland, MD 20746-8001; National Personnel Records Center, 9700 Page Avenue, St. Louis, MO 63132-5200; and Office of the Judge Advocate General, Criminal Law Division, Department of the Army, Washington, DC 20310-2200.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Individuals having appeared as an accused before a courts-martial.

CATEGORIES OF RECORDS IN THE SYSTEM:

Certain general and all special bad conduct discharge (BCD) courts-martial records of trial that include a verbatim transcript of the trial and allied papers relating to the charged offenses and legal review of the case. General courts-martial examined pursuant to Article 69 and special non-bad conduct discharge (non-BCD) and summary courts-martial records of trial may include only a summarized transcript of the trial as well as allied papers relating to the charged offenses, but do not necessarily include all records of review pursuant to Articles 69 or 73, Uniform Code of Military Justice. Pre-decisional legal reviews pursuant to Articles 69 and 73 are separately maintained in this system.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

10 U.S.C. 801-940 (Uniform Code of Military Justice); 10 U.S.C. 3013, Secretary of the Army; 42 U.S.C. 10606 et seq.; Department of Defense Directive 1030.1, Victim and Witness Assistance; 10 U.S.C. 3037, Judge Advocate General; Army Regulation 27-10b, Military Justice; and E.O. 9397 (SSN).

PURPOSE(S):

The purpose of this system is to satisfy statutory requirements of Chapter 47 of title 10, United States Code, for maintaining records of trial of courts-martial proceedings to complete appellate review, to determine whether clemency is warranted, to answer inquires concerning the state of particular cases, to develop statistical data to guide individuals responsible for making policy decisions regarding military justice activities, to serve as a central repository of Army courts-martial records, and for related purposes

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: Courts-martial records reflect criminal proceedings ordinarily open to the public; therefore, they are normally releasable to the public pursuant to the Freedom of Information Act. Information from these records may be disclosed to the Department of Justice, the Department of Veterans Affairs, and federal, state, and local law enforcement agencies for determination of rights and entitlements of the individuals concerned and for use in the enforcement of criminal or civil law. Information from this system of records may also be disclosed to law students participating in a volunteer legal support program approved by the Judge Advocate General of the Army. To victims and witnesses of a crime for purposes of providing information, consistent with the requirements of the Victim and Witness Assistance Program, regarding the investigation and disposition of an offense. The DoD 'Blanket Routine Uses' set forth at the beginning of the Army's compilation of systems of records notices also apply to this system.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Papers in file folders; index cards; electronic storage medium; courts-martial coding sheets; and on a computer database (Army Courts-Martial Management Information System).

RETRIEVABILITY:

By individual's name and Social Security Number, by courts-martial number assigned to the case.

SAFEGUARDS:

All records are protected by systems of personnel screening, cipher locks, and hand receipts. During non-duty hours, military police or contract guard patrols ensure protection against unauthorized access. Access to hard disk is controlled by password and is restricted to personnel having a need to know.

RETENTION AND DISPOSAL:

With respect to each courts-martial, there is an original record and from 1 to 5 copies. One copy is given to the accused and the remaining copies are used in the review of the case for legal sufficiency. The original record is disposed of as follows:

All records of trial by general courts-martial and those special courts-martial records in which a bad-conduct discharge (BCD) was approved are retained in the Office of the Clerk of Court, U.S. Army Legal Service Agency, 901 North Stuart Street, Suite 1200, Arlington, VA 22203-1837, for 1-2 years after completion of appellate review. Thereafter, the records are forwarded to the Washington National Records Center, 4205 Suitland Road, Suitland, MD 20746-8001 for permanent storage.

Records of trial by special courts-martial (non-BCD) and summary courts-martial are retained in the staff judge advocate office of the general courts-martial authority for 1 year after completion of supervisory review. Thereafter the records are held for 2 years in the record holding area or overseas records center. Records are then sent to National Personnel Records Center (Military Records), 9700 Page Avenue, St. Louis, MO 63132-5200, where they are retained for 7 years. Thereafter, the records are destroyed and the remaining evidence of conviction is the special (non-BCD) and summary courts-martial promulgating orders maintained in the individual's permanent records and any review(s) of the cases conducted pursuant to Articles 69 or 73, UCMJ. The original reviews of special (non-BCD) and summary courts-martial cases and a copy of all other reviews pursuant to Articles 69 or 73, UCMJ are maintained for 3 years in the Office of the Chief, Examination and New Trails Division, U.S. Army Legal Services Agency, 901 N. Stuart Street, Suite 1200, Arlington, VA 22203-1837. They are retained an additional 7 years at the Washington National Records Center, 4205 Suitland Road, Suitland, MD 20746-8001, and destroyed. Pre-decisional legal reviews pursuant to Articles 69 or 73, UCMJ are maintained for 3 years in the Office of the Chief, Examination and New Trials, U.S. Army Legal Services Agency, 901 North Stuart Street, Arlington, VA 22203-1837 or at the office of the Judge Advocate General, Criminal Law Division, Department of the Army, Washington, DC 20310-2200. They are retained an additional 7 years at the Washington National Records Center, 4205 Suitland Road, Suitland, MD 20746-8001 and destroyed. Courts-martial index cards from 1900-1986 are permanently stored at the Office of Clerk of Court, U.S. Army Legal Services Agency, 901 North Stuart Street, Suite 1200, Arlington, VA 22203-1837. Arranged alphabetically by name of the accused, they identify the docket number and accession information for permanent records of trial. Since mid-July 1986, courts-martial information is accessible by computer database.

SYSTEM MANAGER(S) AND ADDRESS:

Clerk of Court, U.S. Army Legal Services Agency, 901 North Stuart Street, Suite 1200, Arlington, VA 22203-1837.

NOTIFICATION PROCEDURE:

Requests from individuals as to whether there are any general or special bad conduct discharge (BCD) courts-martial records in the system pertaining to them should be addressed to the Clerk of Court, U.S. Army Legal Services Agency, 901 N. Stuart Street, Suite 1200, Arlington, VA 22203-1837. Requests for information as to special non bad conduct discharge (non-BCD) and summary courts-martial records should be addressed to the staff judge advocate of the command where the record was reviewed or, if no longer there, to the National Personnel Records Center (Military Records), 9700 Page Avenue, St. Louis, MO 63132-5200. Requests for information concerning reviews pursuant to Articles 69 or 73, UCMJ, should be addressed to the Office of the Chief, Examination and New Trails Division, U.S. Army Legal Services Agency, 901 N. Stuart Street, Suite 1200, Arlington, VA 22203-1837. Written requests should include individual's full name, Social Security Number, the record file number if available, and any other personal information which would assist in locating the records.

RECORD ACCESS PROCEDURES:

Individuals seeking access to information about themselves contained in this system should address written inquiries to the Clerk of the Court, U.S. Army Legal Services Agency, 901 N. Stuart Street, Suite 1200, Arlington, VA 22203-1827, if the type of courts-martial or reviewing command is unknown.

CONTESTING RECORD PROCEDURES:

The Army's rules for accessing records, and for contesting contents and appealing initial agency determinations are contained in Army Regulation 340-21; 32 CFR part 505; or may be obtained from the system manager.

RECORD SOURCE CATEGORIES:

Information from almost any source may be included in the record if it is relevant and material to courts-martial proceedings.

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 exemption 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 505. For additional information contact the system manager.

FEDERAL REGISTER HISTORY: