Department of the Navy (Navy and Marine Corps)

N05890-1

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SYSTEM NAME:

Claims Information System  (May 07, 1999,  64 FR 24619)

SYSTEM LOCATION:

Primary location 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.

Secondary locations

Federal Tort Claims Files and Military Claims Files are located at Naval Legal Service Offices and Detachments, overseas commands with a Navy or Marine Corps judge advocate attached, and the Federal Records Center, Suitland, MD. Local commands, with which claims under the Federal Tort Claims Act or Military Claims Act are initially filed, retain copies of such claims and accompanying files.

Affirmative Claims Files are located at Naval Legal Service Offices and Detachments; U.S. Sending State Office For Italy; with overseas commands with a Navy or Marine Corps judge advocate attached; the Federal Records Center, Suitland, MD; and such other offices or officers as may be designated by the Judge Advocate General.

Foreign Claims Files are located at U.S. Sending State Office for Italy; Naval Missions (including the office of the naval section of military missions); Military Assistance Advisory Groups (including the Office of Chiefs, Naval Section, Military Assistance Advisory Groups); Office of the Naval Advisory to Argentina; naval attaches; any command which has appointed a Foreign Claims Commission; and the Federal Records Center, Suitland, MD. Local commands, with which claims under the Foreign Claims Act are initially filed and which do not have or choose to appoint a Foreign Claims Commission, retain copies of such claims and accompanying files.

Nonscope Claims Files are located at Naval Legal Service Offices and Detachments, and the Federal Records Center, Suitland, MD. Local commands, with which claims under the 'Nonscope' Claims Act are initially filed, retain copies of such claims and accompanying files.

Military personnel and Civilian Employees' Claims Files are located at Naval Legal Service Offices and Detachments; the Federal Records Center, Suitland, MD; naval activities where there are officers specifically designated by the Judge Advocate General to adjudicate personnel claims.

U.S. Postal Service Indemnity Claims Files are located at the Federal Records Center, Suitland, MD 20409.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

All individuals who have filed claims against the Department of the Navy under the Federal Tort Claims Act, Military Claims Act, the 'Nonscope' Claims Act, or Military and Civilian Employees' Claims Act.

All individuals who have filed claims with the U.S. Postal Service for loss or damage to mailed matter, and which claims have been paid by the U.S. Postal Service and thereafter forwarded for reimbursement by the Department of the Navy pursuant to 39 U.S.C. 406 and 2601.

All individuals against whom the Navy has claims sounding in tort, and all individuals who are in the military or retired or are dependents of military members and have been provided medical care by a naval medical facility or civilian medical facility for injuries or illness.

All commercial insurance carriers against whom recovery has been sought by the Department of the Navy. Any medical personnel involved in medical malpractice claims against the Department of the Navy.

CATEGORIES OF RECORDS IN THE SYSTEM:

The files may contain claims filed, correspondence, investigative reports, personnel, medical and dental records, x-rays, allied reports (such as police and U.S. Postal Service investigations), photographs, drawings, legal research and memoranda, opinions of experts and others, court documents, reports of injuries to individuals entitled to care at Navy expense, reports of damage to Navy property, statements of charges for medical and dental treatment, copies of orders, copies of insurance policies, government bills of lading, copies of powers of attorney, estimates of loss or damage, inventories, demands on carriers for reimbursement, substantiating documents.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Federal Tort Claims Act (28 U.S.C. 1346(b), 2671-2680); 32 CFR 750.21-750.40; Medical Care Recovery Act (42 U.S.C. 2651-2653); Collection From Third Party Payers Act (10 U.S.C. 1095); Federal Claims Collection Act (31 U.S.C. 3701, 3711, 3716-3719); 32 CFR 757.1-757.21; Foreign Claims Act (10 U.S.C. 2734); Military Claims Act (10 U.S.C. 2733); 32 CFR 750.41-750.60; 'Nonscope' Claims Act (10 U.S.C. 2737); 32 CFR 750.60-750.69; Military and Civilian Employees Claims Act (31 U.S.C. 3701, 3721); 32 CFR 751.0-751.3; 10 U.S.C. 1552; 39 U.S.C. 406 and 2601; 5 U.S.C. 301, Departmental Regulations; 44 U.S.C. 3101; and 31 U.S.C. 3729.

PURPOSE(S):

To manage and evaluate, and process claims both for and against the Department of the Navy for purposes of adjudication, collection and litigation.

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

The Federal Tort Claims Files and Military Claims Files are used by the claimant or his authorized representative for those claims for which payment is determined proper; to third parties in those cases in which they indemnify the U.S. Government or to verify claims; to officials and employees of the General Accounting Office and of the Department of Treasury for those claims for which payment is determined proper.

The Affirmative Claims Files are used by insurance companies to support claims by documenting injuries or diseases for which treatment was provided at government expense; by civilian attorneys representing injured parties and the government's interest. For those claims for which payment is determined proper, the files or portions thereof may be provided to the Department of the Treasury.

The Nonscope Claims Files are used by officials and employees of the Department of Justice to defend unauthorized suits brought against the U.S. under the Military Personnel and Civilian Employees' Claim Act. To the claimant of his/her authorized representative.

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

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


STORAGE:

Paper records in file folders stored in file cabinets or other storage devices. Some records are also maintained on magnetic disc, magnetic tape, or within a computer system.

RETRIEVABILITY:

Filed alphabetically by name of claimant or by a locally assigned claim number. Additionally, Military Personnel and Civilian Employees' Claims Act files may be filed alphabetically by name of common carrier, warehousemen, contractors, and insurers.

SAFEGUARDS:

Documents and computer disks are maintained in filing cabinets or other storage devices under control of authorized personnel during working hours. Password access is restricted to those personnel with a need-to-know. The office space in which the file cabinets and storage devices are located is locked and guarded outside official working hours.

RETENTION AND DISPOSAL:

Records are destroyed four years after final action.

SYSTEM MANAGER(S) AND ADDRESS:

Deputy Assistant Judge Advocate General (Claims and Tort Litigation), Office of the Judge Advocate General, Department of the Navy, 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 (Claims and Tort Litigation), Office of the Judge Advocate General, Department of the Navy, Washington Navy Yard, 1322 Patterson Avenue, SE, Suite 3000, Washington, DC 20374-5066.

The request should contain full name and address of the individual concerned and must be signed. Visitors should be able to identify themselves by any commonly recognized evidence of identity.

RECORD ACCESS PROCEDURES:

Individuals seeking access to record about themselves contained in this system of records should address written inquiries to the Deputy Assistant Judge Advocate General (Claims and Tort Litigation), Office of the Judge Advocate General, Department of the Navy, Washington Navy Yard, 1322 Patterson Avenue, SE, Suite 3000, Washington, DC 20374-5066.

The request should contain full name and address of the individual concerned and must be signed. Visitors should be able to identify themselves by any commonly recognized evidence of identity.

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:

The sources of information contained in the files include the following X-rays and medical and dental records from civilian and military doctors and medical facilities; investigative reports of accidents from military and civilian police agencies; report of circumstances if incidents from operators of Government vehicles an equipment; witnesses; correspondence from claimants, their insurance companies, state commissions, United States Attorneys, and various other Government agencies with information concerning the claim; line of duty investigations; commercial credit and asset reports; questionnaires completed by accident victims; statements of charges from civilian and military doctors and medical facilities; information provided by the claimant; investigative reports from personal property offices; investigative reports from a military member's command or an investigative agency; information contributed from commercial carriers; substantiating documents; allied reports (such as U.S. Postal Service investigative reports); legal memoranda.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

FEDERAL REGISTER HISTORY: