SYSTEM NAME:

Personnel Appeals and Grievances  (February 04, 2015,  80 FR 6062)

SYSTEM LOCATION:

Office of the General Counsel at Headquarters, Army and Air Force Exchange Service, 3911 S. Walton Walker Boulevard, Dallas, TX 75236-1598.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Any employee of the Army and Air Force Exchange Service (Exchange) who has filed an appeal of an adverse action and/or is contesting a personnel action when the appeal/grievance has been referred to the appropriate General Counsel's office; appellant’s spouse; witnesses and informants.

CATEGORIES OF RECORDS IN THE SYSTEM:

Name, telephone numbers, e-mail addresses, address, social media user names, marital status, race/ethnicity, gender, type of disability of the appellant, medical records pertaining to the appellant’s appeal or grievance,  military rank, branch and time of service, discipline and adverse actions taken against the appellant.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

10 U.S.C. 3013, Secretary of the Army; 10 U.S.C. 8013, Secretary of the Air Force; Army Regulation 215-3, Non-appropriated Funds Personnel Policies; and Army Regulation 690-700, Personnel Relations and Services.

PURPOSE(S):

To determine propriety and legal sufficiency or the agency's action in the appeal or grievance matter.

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:

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.

Note:  This system of records contains Personal Identifiable Health Information.  The DoD Health Information Privacy Regulation (DoD 6025.18-R) issued pursuant to the Health Insurance Portability and Accountability Act of 1996, applies to most such health information.  DoD 6025.18-R may place additional procedural requirements on the use and disclosures of such information beyond those found in the Privacy Act of 1974 or mentioned in this system of records notice.

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

STORAGE:

Paper records in locked file cabinets and/or electronic storage media.

RETRIEVABILITY:

Appellant name.

SAFEGUARDS:

Records are maintained in a controlled facility.  Physical entry is restricted by the use of locks, guards, and is accessible only to authorized personnel.  Access to records is limited to person(s) with an official “need to know” who are responsible for servicing the record in performance of their official duties.  Persons are properly screened and cleared for access.  Access to computerized data is role-based and further restricted by passwords, which are changed periodically.  In addition, integrity of automated data is ensured by internal audit procedures, data base access accounting reports and controls to preclude unauthorized disclosure.

RETENTION AND DISPOSAL:

Paper records are retained in the servicing General Counsel's office for one year after final decision is made; subsequently retired to the Exchange warehouse or servicing General Services Administration records holding center where it is held four years before being destroyed by shredding. The disposition for electronic media is four years after the final decision is made.

SYSTEM MANAGER(S) AND ADDRESS:

Director/Chief Executive Officer, Army and Air Force Exchange Service, 3911 S. Walton Walker Boulevard, Dallas, TX 75236-1598.

NOTIFICATION PROCEDURE:

Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Hearing Examiner’s Office at the Army and Air Force Exchange Service location where appeal/grievance was filed.

Individual should provide full name, current address and telephone number, 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 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 Hearing Examiner’s Office at the Army and Air Force Exchange Service location where appeal/grievance was filed.

Individual should provide full name, current address and telephone number, 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 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).’

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:

From Exchange personnel office responsible for records on the employee; from the Exchange Grievance Examiner; from the Exchange employee and/or his/her representative and from medical officers and physicians.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

FEDERAL REGISTER HISTORY:

August 19, 1996, 61 FR 41572; February 4, 2015, 80 FR 6062.