Record source categories:

Information is received from Department of Defense staff and field installations, Social Security Administration, Treasury Department, financial organizations, and automated system interface.

Systems exempted from certain provisions of the act:

None.

APPENDIX B TO PART 505-EXAMPLE OF REPORT FOR NEW SYSTEM OF RECORDS

1.

Narrative Statement

System Identification and Name: A0404.02DAJA, Courts-Martial Files.

2. Responsible Official: Mr. James D. Kemper, US Army Legal Services Agency, Office of The Judge Advocate General, Room 204B, Nassif Building, Falls Church, VA 22041.

3. Purpose of the System: Records of trial by court-martial are necessary for the purpose of legal review and final action in court-martial cases. After completion of appellate review, they protect each accused against a subsequent trial for the same offense(s).

4. Authority for the System: Title 10 U.S.C., Chapter 47, Section 865 states that, in the case of a general court-martial or when sentence that includes a bad conduct discharge is approved by the convening authority in a special court-martial, the record will be sent to The Judge Advocate General. All other special and summary court-martial records will be reviewed by a Judge Advocate.

5. Number (or estimate) of individuals on whom records will be maintained: Approximately 7,000,000.

6. Information on First Amendment Activities: The system contains no information on First Amendment activities per se; however, the system may include records of trial in which the charged misconduct was an activity arguably protected by the First Amendment.

7. Measures to Assure Information Accuracy: In a trial by court-martial, the accused has a unique opportunity to assure that his record is accurate, relevant, timely, and complete as it is made. He has the right to be present at trial, to be represented by counsel in general and special courts-martial and to consult with counsel prior to a summary courts-martial to review and challenge all information before it is introduced into evidence, to cross-examine all witnesses against him, to present evidence in his behalf, and in general and special courts-martial, to review and comment upon the record of trial before the convening authority's action. 8. Other Measures to Assure System Security: As courts-martial records reflect criminal proceedings ordinarily open to the public, copies are normally releasable to the public pursuant to the Freedom of Information Act.

However, access to the original records is limited to authorized individuals. Security measures consist of standard physical security devices and civilian and military guards.

9. Relationship to State/Local Government Activities: None.

10. Supporting Documentation: Proposed system notice and proposed exemption rule are at Encl 1 and 2 respectively.

APPENDIX C TO PART 505-PROVISIONS OF THE PRIVACY ACT FROM WHICH A GENERAL OR SPECIFIC EXEMPTION MAY BE CLAIMED

Section of the Privacy Act

(b)(1) Disclosures within the Department of Defense.

(2) Disclosures to the public.

(3) Disclosures for a "Routine Use."

(4) Disclosures to the Bureau of Census.

(5) Disclosures for statistical research and reporting.

(6) Disclosures to the National Archives.

Disclosures for law enforcement purposes.

(8) Disclosures under emergency
circumstances.

(9) Disclosures to the Congress.
(10) Disclosures to the General
Accounting Office.

(11) Disclosures pursuant to court
orders.

(12) Disclosure to consumer reporting agencies.

(c)(1) Making disclosure accountings.

(2) Retaining disclosure accountings.

(c)(3) Making disclosure accounting available to the individual.

corrections.

(d)(1) Individual access to records.

(2) Amending records.

(3) Review of the Component's refusal to amend a record.

(4) Disclosure of disputed information.

(c)(4) Informing prior recipients of

(5) Access to information compiled in anticipation of civil action. (e)(1) Restrictions on collecting information.

(e) (2) Collecting directly from the individual.

(3) Informing individuals from whom information is requested. (e)(4)(A) Describing the name and location of the system.

(B) Discribing categories of individuals.

(C) Describing categories of records.

(D) Describing routine uses.

(E) Describing records management policies and practices. (F) Identifying responsible officials.

ས

Section of the Privacy Act

(e)(4)(G) Procedures for determining if a system contains a record on an individual.

(H) Procedures for gaining access. (1) Describing categories of information sources.

(e)(5) Standards of accuracy. (e)(6) Validating records before disclosure.

(e)(7) Records of First Amendment activities.

(e)(8) Notification of disclosure under compulsory legal process. (e)(9) Rules of conduct.

(e)(10) Administrative, technical and physical safeguards.

(11) Notice for new and revised routine uses.

(f)(1) Rules for determining if an individual is subject of a record. (f)(2) Rules for handling access requests.

(f)(3) Rules for granting access. (f)(4) Rules for amending records. (f)(5) Rules regarding fees. (g)(1) Basis for civil action. (g)(2) Basis for judicial review and remedies for refusal to amend. (g) (3) Basis for judicial review and remedies for denial of access. (g)(4) Basis for judicial review and remedies for other failure to comply.

(g)(5) Jurisdiction and time limits. (h) Rights of legal guardians.

(i)(1) Criminal penalties for unauthorized disclosure.

(2) Criminal penalites for failure to publish.

(3) Criminal penalties for obtaining records under false pretenses. (j) Rulemaking requirement. (i)(1) General exemption for the Central Intelligence Agency. (i)(2) General exemption for criminal law enforcement records. (k)(1) Exemption for classified material.

(k) (2) Exemption for law enforce(k)(2) ment material.

(k)(3) Exemption for records pertaining to Presidential protection. (k)(4) Exemption for statistical records.

(k)(5) Exemption for investigatory material compiled for determining suitability for employment or service.

(k)(6) Exemption for testing or examination material.

(k)(7) Exemption for promotion evaluation materials used by the Armed Forces.

(I)(1) Records stored in GSA records centers.

(1)(2) Records archived before September 27, 1975.

(1)(3) Records archived on or after September 27, 1975.

(m) Applicability to government contractors.

(n) Mailing lists.

APPENDIX D TO PART 505-GLOSSARY OF

TERMS

Section

Abbreviations

AAFES

Army and Air Force Exchange Service

AARA

Access and Amendment Refusal Authority

ACSIM

Assistant Chief of Staff for Information Management

DA

Department of the Army

DOD

Department of Defense

GAO

General Accounting Office

GSA

General Services Administration

JUMPS

Joint uniform military pay system

MACOM

Major Army command

MPMIS

Military Police management information system

NARS

National Archives and Records Service

NGB

National Guard Bureau

OMB

Office of Management and Budget

OPM

Office of Personnel Management

SSN

Social Security Number

TAG

The Adjutant General

TIG

The Inspector General

TJAG

The Judge Advocate General

USACIDC

U.S. Army Criminal Investigation Command

Section II Terms

ACCESS

The review of a record or obtaining a copy of a record or parts thereof in a system of records.

AGENCY

The DOD is a single agency for the purpose of disclosing records subject to The Privacy Act of 1974. For other purposes, including access, amendment, appeals from denials of access or amendment, exempting systems of records, and record-keeping for release to non-DOD agencies, the DA is an agency.

ACCESS AND AMENDMENT REFUSAL AUTHORITY The Army Staff agency head or major Army commander designated sole authority by this regulation to deny access to, or refuse amendment of, records in his or her assigned area or functional specialization.

CONFIDENTIAL SOURCE

A person or organization that has furnished information to the Federal Government under an express promise that its identity would be withheld, or under an implied promise of such confidentiality if this implied promise was made before September 27, 1975.

DATA SUBJECT

The individual about whom the Army is maintaining information in a system of records.

DISCLOSURE

The furnishing of information about an individual by any means, to an organization, Government agency, or to an individual who is not the subject of the record, the subject's designated agent or legal guardian. Within the context of the Privacy Act and this regulation, this term applies only to personal information that is a part of a system of records.

INDIVIDUAL

A living citizen of the United States or an alien admitted for permanent residence. The Privacy Act rights of an individual may be exercised by the parent or legal guardian of a minor or an incompetent. (The Privacy Act

confers no rights on deceased persons, nor may their next-of-kin exercise any rights for them.)

MAINTAIN

Collect, use, maintain, or disseminate.

OFFICIAL USE

Any action by a member or employee of DOD that is prescribed or authorized by law or a regulation and is intended to perform a mission or function of the Department.

PERSONAL INFORMATION

Information about an individual that is intimate or private to the individual, as distinguished from information related solely to the individual's official functions or public life.

PRIVACY ACT REQUEST

A request from an individual for information about the existence of, or for access to or amendment of, a record about him or her that is in a system of records. The request must cite or implicitly refer to the Privacy Act.

RECORD

Any item, collection, or grouping of information about an individual that—

a. Is kept by the Government including, but not limited to, an individual's home address, home telephone number, SSN, education, financial transactions, medical history, and criminal or employment history.

b. Contains an individual's name, identifying number, symbol, or other individual identifier such as a finger, voice print, or a photograph.

ROUTINE USE

Disclosure of a record outside DOD without the consent of the subject individual for a use that is compatible with the purpose for which the information was collected and maintained by DA. The routine use must be included in the published system notice for the system of records involved.

STATISTICAL RECORD

A record maintained only for statistical research or reporting purposes and not used in whole or in part in making determinations about specific individuals.

SYSTEM MANAGER

The official responsible for policies and procedures for operating and safeguarding a system or records. This official is located normally at Headquarters, DA.

SYSTEM OF RECORDS

A group of records under the control of DA from which information is retrieved by the

Subpart A-Introduction

§ 507.1 Purpose.

This part prescribes the Department of the Army and the Air Force policy governing the manufacture, sale, reproduction, possession, and wearing of military decorations, medals, badges, and insignia. It also establishes the Heraldic Item Quality Control Program to improve the appearance of the Army and Air Force by controlling the quality of heraldic items purchased from commercial sources.

$507.2 References.

Related publications are listed in paragraphs (a) through (f) of this section. (A related publication is merely a source of additional information. The user does not have to read it to understand this part). Copies of referenced publications may be reviewed at Army and Air Force Libraries or may be purchased from the National Technical Information Services, U.S. Department of Commerce, 5285 Port Royal Road, Springfield, VA 22161.

(a) AFI 36-2903, Dress and Personal Appearance of Air Force Personnel. (b) AR 360-5, Public Information. (c) AR 670-1, Wear and Appearance of Army Uniforms and Insignia.

(d) AR 840–1, Department of the Army Seal, and Department of the Army Emblem and Branch of Service Plaques.

(e) AR 840-10, Heraldic Activities, Flags, Guidons, Streamers, Tabards and Automobile Plates.

(f) AFR 900-3, Department of the Air Force Seal, Organizational Emblems, Use and Display of Flags, Guidons, Streamers, and Automobile and Aircraft Plates.

§ 507.3 Explanation of abbreviations and terms.

(a) Abbreviations.

(1) AFB—Air Force Base.

(2) DA-Department of the Army. (3) DCSPER-Deputy Chief of Staff for Personnel.

(4) DSCP-Defense Supply Center Philadelphia.

(5) DUI-distinctive unit insignia. (6) ROTC-Reserve Officers' Training Corps.

(7) SSI-shoulder sleeve insignia. (8) TIOH—The Institute of Heraldry.

(9) USAF-United States Air Force. (b) Terms.—(1) Cartoon. A drawing six times actual size, showing placement of stitches, color and size of yarn and number of stitches.

(2) Certificate of authority to manufacture. A certificate assigning manufacturers a hallmark and authorizing manufacture of heraldic items.

(3) Hallmark. A distinguishing mark consisting of a letter and numbers assigned to certified manufacturers for use in identifying manufacturers of insignia.

(4) Heraldic items. All items worn on the uniform to indicate unit, skill, branch, award or identification and a design has been established by TIOH on an official drawing.

(5) Letter of agreement. A form signed by manufacturers before certification, stating that the manufacturer agrees to produce heraldic items in accordance with specific requirements

(6) Letter of authorization. A letter issued by TIOH that authorizes the manufacture of a specific heraldic item after quality assurance inspection of a preproduction sample.

(7) Tools. Hubs, dies, cartoons, and drawings used in the manufacture of heraldic items.

$507.4 Responsibilities.

(a) Deputy Chief of Staff for Personnel (DCSPER), Army. The DCSPER has staff responsibility for heraldic activities in the Army.

(b) The Director, The Institute of Heraldry (TIOH). The Director, TIOH, will

(1) Monitor the overall operation of the Heraldic Quality Control Program. (2) Authorize the use of insignia designs in commercial items.

(3) Certify insignia manufacturers. (4) Inspect the quality of heraldic items.

(c) The Commander, Air Force Personnel Center, Randolph AFB, TX 781504739. The Commander has staff responsibility for heraldic activities in the Air Force.

(d) The Chief, Air Force Personnel Center Commander's Programs Branch (HQ AFPC/DPSFC), 550 C Street West, Suite 37, Randolph AFB, TX 78150-4739. The Chief, Commander's Programs Branch is responsible for granting permission

for the incorporation of certain Air Force badges and rank insignia designs in commercial items.

(e) Commander, Air Force Historical Research Agency (AFHRA/RSO), Maxwell AFB, AL 36112-6424. The Commander, AFHRA/RSO, is responsible for granting permission for use of the Air Force seal, coat of arms, and crest.

(f) Commanders. Commanders are responsible for purchasing heraldic items that have been produced by manufacturers certified by TIOH. Commanders will ensure that only those heraldic items that are of quality and design covered in the specification and that have been produced by certified manufacturers are worn by personnel under their command.

§ 507.5 Statutory authority.

(a) The wear, manufacture, and sale of military decorations, medals, badges, their components and appurtenances, or colorable imitations of them, are governed by section 704, title 18, United States Code (18 U.S.C. 704).

(b) The manufacture, sale, possession, and reproduction of badges, identification cards, insignia, or other designs, prescribed by the head of a U.S. department or agency, or colorable imitations of them, are governed by Title 18, United States Code, Section 701 (18 U.S.C. 701).

(c) This part incorporates the statutory provisions.

Subpart B-Manufacture and Sale of Decorations, Medals, Badges, and Insignia.