SYSTEM NAME:
Performance File (August 03, 1993, 58 FR 41254)
SYSTEM LOCATION:
The Director, Judge Advocate Division, Headquarters, U.S. Marine Corps, Washington, DC 20380-1775.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The file pertains to all members and former members of the Marine Corps, who, while on active duty or in a reserve status, become the subject of investigation, indictment, or criminal proceedings by military or civilian authorities, whether or not such investigation, indictment or proceedings result in a final adjudication of guilt of innocence.
CATEGORIES OF RECORDS IN THE SYSTEM:
The file contains information pertaining to civilian and military criminal matters including investigative reports, documents indicating court proceedings have begun and/or in progress, and post trial or investigative matters, as well as records of any resultant administrative action or proceedings.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301, Departmental Regulations; 10 U.S.C. 5031; and E.O. 9397 (SSN).
PURPOSE(S):
To provide a record on individuals from the initiation of investigation or indictment until the procedure is final, whether by conviction, acquittal, dismissal or by the matter being dropped, and any resultant administrative action or proceedings, for use in determining assignments, whether an individual selected for promotion should be promoted while the matter is pending.
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' that appear at the beginning of the Marine Corps compilation apply to this system.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
File folders.
RETRIEVABILITY:
Retrieved alphabetically by name.
SAFEGUARDS:
Access is limited. The file folders are stored in the file cabinets which are stored in a locked room during nonbusiness hours.
RETENTION AND DISPOSAL:
Files are maintained for 50 years and then destroyed. Files maintained in Judge Advocate Division at Headquarters are transferred to Federal Records Center, Suitland, MD, after three years.
SYSTEM MANAGER(S) AND ADDRESS:
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 Director, Judge Advocate Division, Headquarters, U.S. Marine Corps (Code JA), Washington, DC 20380-1775.
Written requests for information should contain the full name and grade of the individual.
RECORD ACCESS PROCEDURES:
Individuals seeking access to records about themselves contained in this record system should address written inquiries to the Director, Judge Advocate Division, Headquarters, U.S. Marine Corps (JA), Washington, DC 20380-1775.
Written requests for information should contain the full name and grade of the individual.
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:
Investigative records of arrest from civilian law enforcement sources; records of indictment of conviction from civilian law enforcement or judicial agencies; records of appellate and other post trial procedures received from civilian law enforcement and judicial agencies.
Records indicating apprehension or investigation by military authorities received from individual's command or other military agencies, law enforcement or command.
Records of nonjudicial punishment, courts-martial, pre courts-martial and post courts-martial activities relating to the individual received from the individual's command.
Records of administrative eliminative processes conducted by military authorities received from the individual's command.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
FEDERAL REGISTER HISTORY: