Department of the Navy (Navy and Marine Corps)

N05830-1

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SYSTEM NAME:

JAG Manual Investigative Records  (May 07, 1999,  64 FR 24619)

SYSTEM LOCATION:

For those records of incidents occurring prior to 1996, and all Litigation type investigations Office of the Judge Advocate General (Code 35), Department of the Navy, Washington Navy Yard, 1322 Patterson Avenue, SE, Suite 3000, Washington, DC 20374-5066.

For all other incidents occurring after 1996 the General Court Martial Convening Authority of the activity in question. Official mailing addresses are published as an appendix to the Navy's compilation of system of records notices.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Any individual who participated in, who was involved in, who incurred an injury, disease, or death in, who was intoxicated (drugs or alcohol) during, before, or after, or who had an interest in any accident, incident, transaction, or situation involving or affecting the Department of the Navy, naval personnel, or any procedure, operation, material, or design involving the Department of the Navy.

CATEGORIES OF RECORDS IN THE SYSTEM:

The records contain all documented evidence relevant to the item under investigation, together with an investigating officer's report, which makes findings of fact and expresses opinions and recommendations, the reviewing authority's actions which either approved or modified the investigating officer's report or returned the entire record for further investigation or remedial action to perfect the record, and, the results of hearings afforded persons who incurred injuries and diseases, to allow them to explain or rebut adverse information in the record.

The Judge Advocate General's correspondence to locate and obtain required investigations is also included in the record. Some records contain only a field command's explanation as to why an investigation is not required, together with documents pertinent to this lack of requirement. Some records contain only an accident, injury, or death report, prepared for the Department of the Navy by the Army, Air Force, Coast Guard, or other agency under reciprocal agreements, in situations where the Navy or Marine Corps could not conduct the investigation.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Requirement that Enlisted Men Make Up Time Lost Due to Misconduct or Abuse of Alcohol or Drugs (10 U.S.C. 972(5)); Retirement or Separation for Physical Disability (10 U.S.C. 1201-1221); E.O. 11476; Manual for Courts-Martial, paragraph 133b; Uniform Code of Military Justice (10 U.S.C. 815, 832, 869, 873, 935, 936, and 938-940); Collection From Third Party Payers Act (10 U.S.C. 2095); Military Claims Act (10 U.S.C. 2733); Foreign Claims Act (10 U.S.C. 2734, 2734a, 2734b); Emergency Payment of Claims (10 U.S.C. 2736); Non-scope Claims (10 U.S.C. 2737); Duties of the Secretary of the Navy (10 U.S.C. 5013); Duties of the Office of the Chief of Naval Operations (10 U.S.C. 5031-5033, 5035-5037); Duties of the Bureaus and Offices of the Department of the Navy and Duties of the Judge Advocate General (10 U.S.C. 5131-5153); Duties of the Commandant of the Marine Corps (10 U.S.C. 5043); Reservist's Disability and Death Benefits (10 U.S.C. 6148); Requirement of exemplary conduct (10 U.S.C. 5947); Promotion of Accident and Occupational Safety by the Secretary of the Navy (10 U.S.C. 7205); Admiralty Claims (10 U.S.C. 7622-23); Public Vessels Act (46 U.S.C. 781-790); Suits in Admiralty Act (46 U.S.C. 741-752); Admiralty Extension Act (46 U.S.C. 740); Transportation Safety Act (49 U.S.C. 1901); Federal Tort Claims Act (28 U.S.C. 1346, 2671-2680); Financial Liability of Accountable Officers (31 U.S.C. 82, 89-92); Military Personnel and Civilian Employee's Claims Act of 1964, as amended (31 U.S.C. 240-243); Federal Claim Collection Acts (31 U.S.C. 71-75, 951-953); Forfeiture of Pay for Time Lost Due to Incapacitation Caused by Alcohol or Drug Use (37 U.S.C. 802); Eligibility for Certain Veterans Benefits (38 U.S.C. 105); Postal claims (39 U.S.C. 712); Federal Medical Care Recovery Act (42 U.S.C. 2651-2653); General Authority to Maintain Records (5 U.S.C. 301); Records Management By Agency Heads (44 U.S.C. 3101); and E.O. 9397 (SSN).

PURPOSE(S):

JAG Manual Investigative Records are used internally within the Department of the Navy as a basis for evaluating procedures operations, material, and designs with a view to improving the efficiency and safety of the Department of the Navy; determinations concerning status of personnel regarding disability benefits, entitlements to pay during periods of disability, severance pay, retirement pay, increases of pay for longevity, survivors' benefits, and involuntary extensions of enlistments, dates of expiration of active obligated service and accrual of annual leave; determinations concerning relief of accountable personnel from liability for losses of public funds or property; determinations pertaining to disciplinary or punitive action and evaluation of petitions, grievances, and complaints; adjudication, pursuit, or defense of claims for or against the Government; and public information releases.

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

To officials and employees of the Department of Veterans Affairs for use in determinations concerning entitlements to veterans and survivors' benefits.

To Servicemen's Group Life Insurance administrators for determinations concerning payment of life insurance proceeds.

To the U.S. Government Accounting Office for purposes of determinations concerning relief of accountable personnel from liability for losses of public funds and related fiscal matters.

To contractors for use in connection with settlement, adjudication, or defense of claims by or against the Government, and for use in design and evaluation of products, services, and systems.

To agencies of the Federal, State or local law enforcement authorities, court authorities, administrative authorities, and regulatory authorities, for use in connection with civilian and military criminal, civil, administrative, and regulatory proceedings and actions.

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:

Paper documents and data stored prior to 1985 are stapled together (with real evidence attached, if any) in paper file folders and stored in metal file cabinets, on shelves, and in cardboard boxes.

Records of reports received and stored since 1985 are maintained within a computer data base.

RETRIEVABILITY:

Records and data stored prior to 1985 are filed in calendar year groupings by surname of individual, bureau number of aircraft, name of ship, hull number of unnamed watercraft, or vehicle number of Government vehicles, or date of incident. Incidents are topically cross-referenced.

Records stored since 1985 are maintained on data base and are retrievable from the data base in calendar year groupings by surname, Social Security Number, bureau number of aircraft, name of ship, hull number of unmanned watercraft, vehicle number of Government vehicles, or date of incident. Incidents are topically cross-referenced.

SAFEGUARDS:

Files are maintained in file cabinets and other storage devices under the control of authorized personnel during working hours; the office spaces in which the file cabinets and storage devices are locked outside official working hours. Access to the building is protected by uniformed guards requiring positive identification for admission. The data base system is protected by user account number and password sign-on, data base access authority, data set authority for add and delete, and data item authority for list and update.

RETENTION AND DISPOSAL:

The records are retained for 75 years. All naval activities which prepare JAG manual Investigative Reports or Command Investigations or which are intermediate addresses, typically retain duplicate copies in local files for a two year period. The release authority or the General Court Martial Convening authority retires his reports after two years to a Federal Storage Facility where they are retained for 75 years.

SYSTEM MANAGER(S) AND ADDRESS:

Office of the Judge Advocate General (Code 35), Department of the Navy, Washington Navy Yard, 1322 Patterson Avenue, SE, Suite 3000, Washington, DC 20374-5066 for those incidents occurring prior to 1996, and all Litigation type investigations.

For all other incidents occurring after 1996 The General Court Martial Convening Authority of the activity in question. Official mailing addresses are published as an appendix to the Navy's compilation of system of records notices.

NOTIFICATION PROCEDURE:

Individuals seeking to determine whether this system of records contains information about themselves should address written inquiries to the Office of the Judge Advocate General (Claims, Investigations, and Tort Litigation), Department of the Navy, Washington Navy Yard, 1322 Patterson Avenue, SE, Suite 3000, Washington, DC 20374-5066 for incidents occurring prior to 1996 and all Litigation type investigations.

All other requests should be directed to the General Court Martial Convening Authority of the activity in question. Official mailing addresses are published as an appendix to the Navy's compilation of system of record notices.

The request should contain as much identifying data as possible, including, but not limited to the complete names of all individuals involved, the location and date of incident, the bureau number of aircraft or name and hull number of ship, government vehicle number, and type of incident.

RECORD ACCESS PROCEDURES:

Individuals seeking access to records about themselves contained in this system of records should address written inquiries to the Office of the Judge Advocate General (Claims, Investigations, and Tort Litigation), Department of the Navy, Washington Navy Yard, 1322 Patterson Avenue, SE, Suite 3000, Washington, DC 20374-5066 for incidents occurring prior to 1996 and all Litigation type investigations.

All other requests should be directed to the General Court Martial Convening Authority of the activity in question. Official mailing addresses are published as an appendix to the Navy's compilation of system of record notices.

The request should contain as much identifying data as possible, including, but not limited to the complete names of all individuals involved, the location and date of incident, the bureau number of aircraft or name and hull number of ship, government vehicle number, and type of incident.

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:

Records of JAG Manual Investigations are compilations of evidence, information, and data concerning the circumstances of incidents, accidents, events, transactions, and situations, prepared by administrative fact-finding bodies of utilization by proper authorities in making determinations, decisions, or evaluations relating to the matters under investigation.

Records may contain (1) testimony or statements of individuals who are parties to the investigations, witnesses, and others having pertinent knowledge concerning matters under investigation; (2) documentary evidence, including records and reports of military or Federal, state, or foreign, civilian law enforcement investigation, judicial, or corrections authorities; medical records and reports, investigations and accident and injury reports prepared by federal, state, or foreign governmental agencies or other organizations or persons; court records and other public records; official logs and other official naval records; letters and correspondence, personnel, pay, and medical records; financial records, receipts, and cost estimates; publications, and other pertinent documents and writings; (3) pertinent real evidence; and (4) pertinent demonstrative evidence.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

FEDERAL REGISTER HISTORY: