SYSTEM NAME:

Reserve Disability Appellate Records  (June 01, 1999,  64 FR 29291)

SYSTEM LOCATION:

Office of the Judge Advocate General (Code 13), Department of the Navy, Washington Navy Yard, 1322 Patterson Avenue SE, Suite 3000, Washington, DC 20374-5066. Duplicate copies may be maintained by Commander, Naval Reserve Force or Commandant Marine Corps, and medical offices.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Reserve members of the Navy and Marine Corps who claim to have incurred or aggravated an illness or injury during active or reserve duty.

CATEGORIES OF RECORDS IN THE SYSTEM:

Requests originated by individuals concerned; Chief, Bureau of Medicine and Surgery historical narratives and opinions concerning the origins of disabilities of individuals; copies of Judge Advocate General determinations; Internal Revenue Service and Social Security Administration records; and related correspondence.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 301, Departmental Regulations; 10 U.S.C. 1074(a); 37 U.S.C. 204, 206; 50 U.S.C. 403, 2082; and 44 U.S.C. 3101.

PURPOSE(S):

Information is used for appellate review of adverse determinations made by Commander, Naval Reserve Force or Commandant of the Marine Corps concerning the eligibility of reservists to disability benefits. Final determination is provided to the appropriate medical treatment facility, Commandant of the Marine Corps or Commander, Naval Reserve Force. Final determination may be provided to Physical Evaluation Board.

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. 555a(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

The 'Blanket Routine Uses' that appear at the beginning of the Navy's compilation of system of record notices also apply to this system.

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

STORAGE:

Automated and paper records.

RETRIEVABILITY:

Name and year action taken.

SAFEGUARDS:

Files are maintained in file cabinets under the control of authorized personnel during working hours; the office space in which the file cabinets are located is locked outside official working hours. Automated records are password protected.

RETENTION AND DISPOSAL:

Records are maintained in office for 1 year after closure of case and then forwarded to the Washington Federal Records Center, 4205 Suitland Road, Suitland, MD 20409 for

SYSTEM MANAGER(S) AND ADDRESS:

Deputy Assistant Judge Advocate General (Administrative Law), Office of the Judge Advocate General, Washington Navy Yard, 1322 Patterson Avenue SE, Suite 3000, Washington, DC 20374-5066.

NOTIFICATION PROCEDURE:

Individuals seeking to determine whether this system of records contains information about themselves should address written inquiries to the Deputy Assistant Judge Advocate General (Administrative Law), Office of the Judge Advocate General, Washington Navy Yard, 1322 Patterson Avenue SE, Suite 3000, Washington, DC 20374-5066.

The request must be signed by the requesting individual and should contain the full name of the individual concerned and the approximate date on which the appeal was filed. Visits may be made to the Administrative Law Division (Code 13), Office of the Judge Advocate General, Suite 7000, Presidential Towers, 2611 South Jefferson Davis Highway, Arlington, VA 22209. Armed Forces' identification card or state driver's license is required for identification.

RECORD ACCESS PROCEDURES:

Individuals seeking access to records about themselves should address written inquiries to the Deputy Assistant Judge Advocate General (Administrative Law), Office of the Judge Advocate General, Washington Navy Yard, 1322 Patterson Avenue SE, Suite 3000, Washington, DC 20374-5066.

The request must be signed by the requesting individual and should contain the full name of the individual concerned and the approximate date on which the appeal was filed. Visits may be made to the Administrative Law Division (Code 13), Office of the Judge Advocate General, Suite 7000, Presidential Towers, 2611 South Jefferson Davis Highway, Arlington, VA 22209. Armed Forces' identification card or state driver's license is required for identification.

CONTESTING RECORD PROCEDURES:

The Navy's rules for accessing records, and for contesting contents and appealing initial agency determinations are published in Secretary of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained from the system manager.

RECORD SOURCE CATEGORIES:

Reserve personnel information is provided by Commander, Naval Reserve Force or Commandant of the Marine Corps, and the individual concerned. Medical opinions may be provided by the Chief, Bureau of Medicine and Surgery. Verification of loss of civilian earnings is provided by the Internal Revenue Service and the Social Security Administration.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

FEDERAL REGISTER HISTORY: