Department of the Army

A0190-47 DAPM-ACC

SYSTEM NAME:

Army Corrections System and Parole Board Records  (May 28, 2013,  78 FR 31907)

SYSTEM LOCATION:

Office of the Provost Marshal General, 2800 Army Pentagon, Washington, DC 20310-2800; Army Corrections Command, 150 Army Pentagon, Washington DC 20310-0150; Army Corrections System Facilities, Navy and Marine Corps Brigs; Army Clemency and Parole Board Office, 1901 South Bell Street, Arlington, VA 22202-4508.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Any military member confined at a DoD correctional facility or approved local civilian jails as a result of courts-martial, or pending trial by courts-martial and under Army control, and those under community supervision once released from a DoD correctional facility and/or transferred to the Federal Bureau of Prisons (FBOP) under the current Memorandum of Agreement between Department of the Army and the FBOP; victim/witness', and informants.

CATEGORIES OF RECORDS IN THE SYSTEM:

Military members full name, surname, Social Security Numbers (SSN), DoD-ID Number, registration number, charges, court martial, personal background history, former commander's report, no-contact order, funds account information health and comfort issuance, fingerprints, classification, progress reports, victim/witness' full name, address and telephone number, victim impact statements, co-conspirator affiliation, informants full name, address and telephone number, informants statement, legal guardianship, court martial correspondence, sex offender and DNA requirements and processing, classification, disciplinary and observation records, clothing and equipment, education and program certificates, clemency and parole actions, recommended actions and dispositions, parolee/supervisee release agreements, certificate of parole and similar relevant documents.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

10 U.S.C. 3013, Secretary of the Army; 10 U.S.C. Chapter 48, Military Correctional Facilities, Section 951, Establishment; organization; administration; DODD 1030.1, Victim and Witness Assistance; DODI 1030.2, Victim and Witness Assistance Procedures; DODD 1325.04, Confinement of Military Prisoners and Administration of Military Correctional Programs and Facilities; DODI 1325.7, Administration of Military Correctional Facilities and Clemency and Parole Authority; AR 15-130, Army Clemency and Parole Board; Army Regulation 190-47, The Army Corrections System; and E.O. 9397 (SSN), as amended.

PURPOSE(S):

The system is used for proper management of correctional facility population, demographic studies, status of discipline and responsiveness of personnel procedures, as well as confinement utilization factors such as population turnover or relapsing into crime. These records provide relevant information required for proper clemency and parole decisions that the Service Clemency and Parole Board makes for the Service Secretaries.

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 of 1974, as amended, these records 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 Federal, state and local confinement/correctional agencies for use in the administration of correctional programs including custody classification, employment, training and educational assignments, treatment programs, clemency, restoration to duty or parole actions, verification of offender's criminal records, employment records, and social histories.

To Federal state and local authorities for purposes of providing (1) notification that individuals, who have been convicted of a specified sex offense or an offense against a victim who is a minor, will be residing in the state upon release from military confinement, (2) information about the individual for inclusion in a state operated sex offender registry and (3) DNA, or deoxyribonucleic acid policy on collecting samples from military prisoners.

To the Bureau of Prisons for the purpose of providing notification that the military transferee has been convicted of a sexually violent offense or an offense against a victim who is a minor.

To victims and witnesses of a crime(s) for the purpose of notifying them of date of parole or clemency hearing and other release related activities.

The DoD Blanket Routine Uses set forth at the beginning of the Army's compilation of systems of records notices may also apply to this system.

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


STORAGE:

Paper records and electronic storage media.

RETRIEVABILITY:

By prisoner's surname, SSN and/or registration number, victim/witness or co-conspirator affiliation.

SAFEGUARDS:

All records are maintained in areas accessible only to designated personnel having official need. Automated data base and output are managed through comprehensive procedures and policies prescribed in system functional users manuals. The functional user is approved and granted permissions by an authorized systems administrator. Access to system with sensitive information is controlled by DoD Common Access Card authentication with PKI encryption for authorized users having official need to know.

RETENTION AND DISPOSAL:

Automated records for prisoners in the U.S. Army Corrections System facilities are retained for 2 years following expiration of sentence/completion of parole/maximum release date, following which they are retired to the National Personnel Records Center (NPRC) for 50 years before destruction by shredding or burning. Records will be downloaded to paper copies before retiring to NPRC.

NOTE: Transfer of a prisoner from one DoD correctional facility or Federal Bureau of Prisons' Facility to another is not construed as release from confinement. When a prisoner is transferred to another facility, his/her file is electronically transferred to the gaining facility.

Information on tape/disc is erased after 3 years.

Army Clemency Board case files are returned on completion of Board action to the DoD Correctional Facility, where they are retained for 2 years following expiration of sentence/completion of parole/maximum release date, following which they are retired to the NPRC and maintained for 50 years before being destroyed by shredding or burning.

SYSTEM MANAGER(S) AND ADDRESS:

Office of the Provost Marshal General, 2800 Army Pentagon, Washington, DC 20310-2800; Army Corrections Command, 150 Army Pentagon, Washington, DC 20310-0150.

NOTIFICATION PROCEDURE:

Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the commander of the correctional facility where confined.

For verification purposes, individual should provide their full name, SSN and/or DoD-ID Number, dates of confinement, any details which may assist in locating records, and their signature.

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 outside the United States: 'I declare (or certify, verify, or state) under penalty of perjury under the laws of the United State 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)'.

RECORD ACCESS PROCEDURES:

Individuals seeking access to information about themselves contained in this system should address written inquiries to the commander of the correctional facility.

For verification purposes, individual should provide their full name, SSN and/or DoD-ID Number, dates of confinement, any details which may assist in locating records, and their signature.

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 outside 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)'.

CONTESTING RECORD PROCEDURES:

RECORD SOURCE CATEGORIES:

Record source categories: From the individual witnesses; victims; Military Police/U.S. Army Criminal Investigation Command personnel and/or reports; informants; various Federal, state and local investigative and law enforcement agencies; foreign governments; and other individual or organization that may supply pertinent information.

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), 5, 6, 7, (c) and (e) and published in 32 CFR part 505. For additional information contact the system manager.

FEDERAL REGISTER HISTORY:

June 28, 2010, 75 FR 36644; May 28, 2013, 78 FR 31907.