Department of the Navy (Navy and Marine Corps)

MJA00009

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SYSTEM NAME:

Marine Corps Command Legal Files  (May 18, 1995,  60 FR 26723)

SYSTEM LOCATION:

All Marine Corps commands whose commander or officer in charge has the authority to convene a special courts-martial. See 10 U.S.C. 826 and the U.S. Marine Corps official mailing addresses which are incorporated into the Department of the Navy's address directory, published as an appendix to the Navy's compilation of systems of records notices.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Civilian employees of the Department of Defense or guests who have visited Marine Corps installations who have allegedly committed criminal offenses aboard a military installation or whose conduct has been subject to investigation.

Any Marine or Navy service member who is the subject of the disciplinary action under the provisions of the Uniform Code of Military Justice (10 U.S.C. 801) who has been the subject of administrative discharge action pursuant to the provisions of Marine Corps Order P1900.16); or who has been the subject of an investigation (JAG Manual investigations) convened pursuant to the provisions of the Uniform Code of Military Justice or the Manual of the Judge Advocate General (JAG Instruction 5800.7) or any other type of investigation or inquiry.

CATEGORIES OF RECORDS IN THE SYSTEM:

Records of disciplinary proceedings, including courts-martial records and records of nonjudicial punishments with supporting documents, military justice management information pre-post trial (e.g., courts-martial docketing logs, reports of cases tried, etc.), pre-disciplinary inquires and investigations and documentation pertaining to post-hearing/trial review, clemency action, appellate leave or other personnel action related to or resulting from courts-martial, JAG Manual investigations pertaining to claims, line of duty misconduct determinations, command irregularities, and unusual incidents or accidents with supporting documentation and post-investigation review and actions. Inquiries made into incidents or situations which result in disbarment of an individual or from entry upon a military installation, referral to base traffic court or civilian, federal, state or local judicial or law enforcement authorities. Recommendations for administrative discharge with supporting documentation, including records of any hearing held and any review or other action taken with respect to the discharge recommendations.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 301, Departmental Regulations; 10 U.S.C. 801, et. seq; 18 U.S.C. 382; and E.O. 9397 (SSN).

PURPOSE(S):

To provide a record of actions for use by commanding officers or officers in charge who have authority to convene a special courts-martial. The records are used as required to initiate, refer or complete appropriate disciplinary proceedings.

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 'Blanket Routine Uses' set forth at the beginning of the Marine CorpsÂ’ compilation of systems of records notices 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.

RETRIEVABILITY:

Retrieved by name or service member involved or chronologically with cross-reference to individual involved.

SAFEGUARDS:

Records are kept in either locked cabinets or guarded or locked buildings.

RETENTION AND DISPOSAL:

Two years or as provided in the Manual of the Judge Advocate General (JAG Instruction 5800.7).

SYSTEM MANAGER(S) AND ADDRESS:

Commanding Officer of the unit concerned. Official mailing addresses are published as an appendix to the Navy's compilation of systems of records notices, or information may be obtained from the Director, Judge Advocate Division, Headquarters, U.S. Marine Corps, Washington, DC 20380-1775.

NOTIFICATION PROCEDURE:

Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Commanding Officer of the unit concerned. U.S. Marine Corps official mailing addresses are incorporated into the Department of the Navy's address directory, published as an appendix to the Navy's compilation of systems of records notices, or write to the Director, Judge Advocate Division, Headquarters, U.S. Marine Corps, Washington, DC 20380-1775.

Written requests for information should contain the full name, Social Security Number, and military status.

For personal visits, the individual should be able to provide a military identification card, a DD Form 214, or a driver's license.

RECORD ACCESS PROCEDURES:

Individuals seeking access to information about themselves that may be contained in this system should address written inquiries to the Commanding Officer of the unit concerned. U.S. Marine Corps official mailing addresses are incorporated into the Department of the Navy's address directory, published as an appendix to the Navy's compilation of systems of records notices, or write to the Director, Judge Advocate Division, Headquarters, U.S. Marine Corps, Washington, DC 20380-1775.

Written requests for information should contain the full name, Social Security Number, and military status.

For personal visits, the individual should be able to provide a military identification card, a DD Form 214, or a driver's license.

CONTESTING RECORD PROCEDURES:

The USMC rules for contesting contents and appealing initial agency determinations are published in Secretary of the Navy Instruction 5211.5; Marine Corps Order P5211.2; 32 CFR part 701; or may be obtained from the system manager.

RECORD SOURCE CATEGORIES:

Individual concerned, witnesses to the incident in question or parties concerned therewith, officer investigating the incident, documents or items of real evidence, documents pertaining to the review, action or authorities charged with making a review or taking action.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

FEDERAL REGISTER HISTORY: