SYSTEM NAME:
Unfavorable Information Files (April 06, 2016, 81 FR 19960)
SYSTEM LOCATION:
Primary records are located at the Department of the Army Suitability Evaluation Board, Office of the Deputy Chief of Staff for Personnel, 4000 Army Pentagon, Washington, DC 20310-4000. Segments of the system may exist at Suitability Evaluation Board at Major Army Commands. Official mailing addresses are published as an appendix to the Army's compilation of systems of records notices.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Army personnel (active, reserve, National Guard) on whom unfavorable information has been discovered, considered, referred to individual, and disposed of, to include appeals and petitions for removal or transfer of such information from the individual's performance record.
CATEGORIES OF RECORDS IN THE SYSTEM:
Summary of unfavorable information, copy of letter of notification to individual, individual's response or appeal, summary of consideration of response or appeal, disposition determination, and voting record of Board members. Personal data includes full name, Social Security Number (SSN), DoD ID number, grade/rank, mailing address, email, unit and location at discharge or separation, work and home telephone numbers.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
10 U.S.C. 3013, Secretary of the Army; Department of Defense Directive 1030.01, Victim and Witness Assistance; DoDI 1030.2, Victim and Witness Assistance Procedures; and Army Regulation 600-37, Unfavorable Information; and E.O. 9397 (SSN), as amended.
PURPOSE(S):
To record Board action and to provide pattern of subsequent unfavorable information. Information filed in the performance portion of the Official Military Personnel File is also used by Department of Army promotion/selection boards when the individual has been afforded due process.
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, the 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 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 may apply to this system. The complete list of DoD Blanket Routine Uses can be found online at: http://dpcld.defense.gov/Privacy/SORNsIndex/BlanketRoutineUses.aspx
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper records and electronic storage media.
RETRIEVABILITY:
By individual's full name and SSN/DoD ID Number.
SAFEGUARDS:
Paper records in file cabinets are accessible only to authorized personnel who are properly instructed in the permissible use. The files are not accessible to the public or to persons within the command without an official need to know. File cabinets have locking capabilities and offices are locked during non-work hours. Army Activities and approved users ensure that electronic records collected and used are maintained in controlled areas accessible only to authorized personnel. Access to computerized data is restricted by use of Common Access Cards (CACs) and is accessible only by users with an authorized account. The system and electronic backups are maintained in controlled facilities that employ physical restrictions and safeguards such as security guards, identification badges, key cards, and locks.
RETENTION AND DISPOSAL:
Records are retained by the Suitability Evaluation Board for 6 years, following which they are destroyed by shredding.
SYSTEM MANAGER(S) AND ADDRESS:
Deputy Chief of Staff for Personnel, Headquarters, Department of the Army, 4000 Army Pentagon, Washington, DC 20310-4000.
NOTIFICATION PROCEDURE:
Individuals seeking to determine if information about themselves is contained in this system should address written inquiries to the Deputy Chief of Staff for Personnel, Department of the Army, 4000 Army Pentagon, Washington, DC 20310-4000.
Inquirer should furnish full name, SSN/DoD ID Number, current address and telephone number, and sufficient details concerning time and place of event to ensure locating pertinent records, and 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).”
RECORD ACCESS PROCEDURES:
Individuals seeking access to information about themselves contained in this system should address written request to the Deputy Chief of Staff for Personnel, Headquarters, Department of the Army, ATTN: DAPE-MPD, 4000 Army Pentagon, Washington, DC 20310-4000.
Inquirer should furnish full name, SSN/DoD ID Number, current address and telephone number, and sufficient details concerning time and place of event to ensure locating pertinent records, and 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:
The Army's rules for accessing records, and for contesting contents and appealing initial agency determinations are contained in 32 CFR part 505, Army Privacy Program; or may be obtained from the system manager.
RECORD SOURCE CATEGORIES:
From the individual; Suitability Evaluation Board proceedings.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
FEDERAL REGISTER HISTORY:
April 6, 2016, 81 FR 19960; December 8, 2000, 65 FR 77002; February 22, 1993, 58 FR 10002