SYSTEM NAME:

DoD Final Personnel and General Claims and Waiver Files  (December 10, 1998,  63 FR 68256)

SYSTEM LOCATION:

Defense Office of Hearings and Appeals, Defense Legal Services Agency, Department of Defense, 4015 Wilson Boulevard, Suite 300, Arlington, VA 22203-1995.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Pay and Travel Claims: Uniformed service members of DoD, the Coast Guard, National Oceanic and Atmospheric Administration, and the Public Health Service or their dependents, beneficiaries, agents, attorneys or other individuals who may benefit from the member's tenure and who have an unresolved dispute related to a claim for pay, allowances, travel, transportation, retired pay, or survivor benefits. Waiver Authority: DoD civilian employees, uniformed service members of DoD, the Coast Guard, National Oceanic and Atmospheric Administration, and the Public Health Service or their dependents, beneficiaries, agents, attorneys or other individuals who may benefit from the member's tenure and who have an unresolved dispute related to a request for waiver of erroneous payments of pay and allowances. General Claims: Any individuals with other general claims arising from activities within DoD.

CATEGORIES OF RECORDS IN THE SYSTEM:

Case files include administrative reports from DoD military and civilian employees, the Coast Guard, the National Oceanic and Atmospheric Administration, and the Public Health Service; claims, waiver applications, and all pertinent or supporting materials related to a claim or waiver application; written decisions of this Office, the Agency concerned, and the Deputy General Counsel (Fiscal); and such other matter as the claims adjudicators and attorneys may include in the record, including copies of precedents relied on in resolving a case. Automated case status records for current cases and inactive cases are used to provide location and status and internal identification of cases, to prepare listings and internal statistical reports, and to monitor work flow and case handling actions.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 5584; 10 U.S.C. 140; 10 U.S.C. 2575; 10 U.S.C. 2771; 10 U.S.C. 2774; 24 U.S.C. 420; 31 U.S.C. 3529; 31 U.S.C. 3702; 32 U.S.C. 714; 32 U.S.C. 716; 37 U.S.C. 554; and E.O. 9397 (SSN).

PURPOSE(S):

Records are collected and maintained to support the resolution of a claim or waiver application and to provide decisions to those parties involved in:

• Claims related to uniform services members' pay, allowances, travel, transportation, retired pay, and survivor benefits;
• Claims by transportation carriers for amounts collected from them for loss and damage incurred to property incident to shipment at Government expense;
• Claims for proceeds of sale of unclaimed property coming into the custody or control of the Army, Navy, Air Force or Coast Guard;
• Final settlements of accounts of members of the Armed Forces, including the National Guard;
• Reports on disposition of the effects of deceased members of the Army and Air Force for settlement under 10 U.S.C. 2771, 10 U.S.C. 4712 and 9712; Claims for the proceeds of the sale of motor vehicles and items of household goods and personal property of members of the Uniformed Services reported dead, injured, ill or absent for a period of more than 29 days in a missing status; Claims for the proceeds from the disposition of effects of deceased residents of the Armed Forces Retirement Home; Claims arising from DoD activities cognizable under 31 U.S.C. 3702, not otherwise delegated by the Director, OMB. Waivers of payment submitted by individuals who seek final adjudication of their requests for waiver of erroneous payments of pay and allowances. Waivers are submitted by: Uniformed service members of DoD, the Coast Guard, National Oceanic and Atmospheric Administration, and the Public Health Service, of individuals who may derive any benefit on account of such tenure who have an unresolved dispute relating to a claim for pay, allowances, travel, transportation, retired pay, or survivor benefits.
DoD civilian employees who have an unresolved dispute related to a request for waiver of erroneous payments of pay. Records also are collected and maintained to record processing steps taken and processing time; to prepare statistical listings and summaries; to monitor and control adjudicative actions and processes.

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 the Coast Guard, the National Oceanic and Atmospheric Administration, and the Public Health Service for the purpose of obtaining and providing information relating to claims and waivers. The 'Blanket Routine Uses' set forth at the beginning of OSD's 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 are maintained in file folders and electronic records are stored on magnetic or optical media.

RETRIEVABILITY:

Paper records are retrieved by case number. Computer data is retrieved by name, address, and Social Security Number, case number, or a combination of other personal identifying data.

SAFEGUARDS:

Records are stored in a secure area accessible only to DOHA authorized personnel. All records are stored, processed, transmitted and protected as the equivalent of For Official Use Only information. Records are accessed by the custodian of the record system and by persons responsible for using or servicing the system, who are properly screened and have a need-to-know. Computer hardware is located in controlled areas with access limited to authorized personnel. Computer access is via dedicated data circuits with password control. Individual passwords are changed periodically and upon departure of personnel. The dedicated data feature prevents access from standard dial-up telephones. Only DOHA personnel are given the security level on the computer system needed to amend, add, alter, change, or delete Claims and Waiver records.

RETENTION AND DISPOSAL:

Records are destroyed 6 years and 3 months after date of last DOHA action.

SYSTEM MANAGER(S) AND ADDRESS:

Director, Defense Office of Hearings and Appeals, P.0. Box 3656, Arlington, VA 22203-1995.

NOTIFICATION PROCEDURE:

Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Director, Defense Office of Hearings and Appeals, P.O. Box 3656, Arlington, VA 22203-1995. Request should include the individual's full name, address, telephone number, Social Security Number and other information identifiable from the record.

RECORD ACCESS PROCEDURES:

Individuals seeking access to information about themselves contained in this system of records should address written inquiries to the Director, Defense Office of Hearings and Appeals, P.O. Box 3656, Arlington, VA 22203-1995. Request should include the individual's full name, address, telephone number, Social Security Number and other information identifiable from the record. In addition, the requester must provide a notarized statement or an unsworn declaration made in accordance with 28 U.S.C. 1746, in the following format: If executed without the United States: 'I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature)'. If executed within the United States, its territories, possessions, or commonwealths: 'I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)'. Records may be made available for review at DOHA Headquarters upon appointment made with the Director. Individual must be able to provide picture identification, such as a valid driver's license.

CONTESTING RECORD PROCEDURES:

The OSD rules for accessing records, for contesting contents and appealing initial agency determinations are published in OSD Administrative Instruction 81; 32 CFR part 311; or may be obtained from the system manager.

RECORD SOURCE CATEGORIES:

Information is received from agency claims and waiver application files; from subject individuals, their attorneys or authorized representatives; or other documentary evidence made part of the record by the individual or the agency.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

FEDERAL REGISTER HISTORY: