System location:

US Army Finance and Accounting Center, Ft Benjamin Harrison, IN 46249.

Categories of individuals covered by the system:

Separated and retired military/civilian personnel and others indebted to the US Army.

Categories of records in the system:

Records of current and former military members and civilian employees' pay accounts showing entitlements, deductions, payments made, and any indebtedness resulting from deductions and payments exceeding entitlements. These records include, but are not limited to:

a. Individual military pay records, substantiating documents such as military pay orders, pay adjustment authorizations, military master pay account printouts from the Joint Uniform Military Pay System (JUMPS), records of travel payments, financial record data folders, miscellaneous vouchers, personal financial records, credit reports, promissory notes, individual financial statements, and correspondence;

b. Application for waiver of erroneous payments or for remission of indebtedness with supporting documents, including, but not limited to statements of financial status (personal income and expenses), statements of commanders and/or accounting and finance officers, correspondence with members and employees;

c. Claims of individuals requesting additional payments for service rendered with supporting documents including, but not limited to, time and attendance reports, leave and earnings statements, travel orders and/or vouchers, and correspondence with members and employees;

d. Delinquent accounts receivable from field accounting and finance officers including, but not limited to, returned checks, medical services billings, collection records, and summaries of the Army Criminal Investigations Command and/or Federal Bureau of Investigation reports:

e. Reports from probate courts regarding estates of deceased debtors;

f. Reports from bankruptcy courts regarding claims of the United States against debt

ors.

Authority for maintenance of the system: 31 U.S.C., section 3711; 10 U.S.C., section 2774; and 12 U.S.C., section 1715.

Purpose:

To process, monitor, and post-audit accounts receivable, to administer the Federal Claims Collection Act, and to answer inquiries pertaining thereto.

Routine users of records maintained in the system, including categories of users and the purposes of such uses:

Information may be disclosed to:

US Department of Justice/US Attorneys: For legal action and/or final disposition of the debt claims. The litigation briefs (comprehensive, written referral recommendations) will restructure the entire scope of the collection cases.

Internal Revenue Service: To obtain locator status for delinquent accounts receivables; (Automated controls exist to preclude redisclosure of solicited IRS address data); and/or to report write-off amounts as taxable income as pertains to amounts compromised and accounts barred from litigation due to age.

Private Collection Agencies: For collection action when the Army has exhausted its internal collection efforts.

Disclosure to Consumer Reporting Agencies:

Disclosures pursuant to 5 U.S.C. 552a(b)(12) may be made to "consumer reporting agencies" as defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f) or the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)) when an individual is responsible for a debt to the US Army, provided the debt has been validated, is overdue, and the debtor has been advised of the disclosure and his rights to dispute, appeal or review the claim; and/or whenever a financial status report is requested for use in the administration of the Federal Claims Collection Act. Claims of the United States may be compromised, terminated or suspended when warranted by information collected.

Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system:

Storage:

Paper records in collection file folders and bulk storage; card files, computer magnetic tapes and printouts; microfiche.

Retrievability:

By Social Security Number, name, and substantiating document number; conventional indexing is used to retrieve data.

Safeguards:

The US Army Finance and Accounting Center employs security guards. An employee badge and visitor registration system is in effect. Hard copy records are maintained in areas accessible only to authorized personnel who are properly screened, cleared and trained. Computerized records are accessed by custodian of the records system and by persons responsible for servicing the record

system in the performance of their official duties. Certifying finance and accounting officers of debts have access to debt information to confirm if the debt is valid and collection action is to be continued. Computer equipment and files are located in a separate secured area.

Retention and disposal:

Individual military pay records and accounts receivables are converted to microfiche and retained for 6 years. Destruction is by shredding. Retention periods for other records vary according to category, but total retention does not exceed 56 years; these records are sent to the Federal Records Center, General Services Administration at Dayton, Ohio; destruction is by burning or salvage as waste paper.

System manager(s) and address: Commander, US Army Finance and Accounting Center Indianapolis, IN 46249.

Notification procedure:

Individuals desiring to know whether this system of records contains information about them should contact the System Manager, ATTN: FINCP-F, furnishing full name, Social Security Number, and military status or other information verifiable from the record itself.

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 courtsmartial, 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-PROVISIONS OF THE PRIVACY ACT FROM WHICH A GENERAL OR SPECIFIC EXEMPTION MAY BE CLAIMED

Section of the Privacy Act

(6) Disclosures to the National

Archives.

(7) Disclosures for law enforce

ment purposes.

(8) Disclosures under emergen

No

(9) Disclosures to the Con

(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 unau thorized disclosure.

(2) Criminal penalites for failure to publish.

(3) Criminal penalties for obtaining records under false pre

tenses.

(j) Rulemaking requirement.

(i)(1) General exemption for the Central Intelligence Agency.

(i)(2) General exemption for criminal

law enforcement records.

mation.

(k)(1) Exemption for classified material.

Yes

Yes

(5) Access to information com

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.)

73-104 0-86--3

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 individual's name or by some identifying number, symbol, or other identifying particular assigned to the individual. System

The regulations of this part prescribe the Department of the Army policy governing the manufacture sale, reproduction, possession, and wearing of military decorations medals, badges, and insignia.

§ 507.2 Statutory authority.

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

(b) The manufacture, sale, posses sion, and reproduction of badges, iden tification cards, insignia, or other de signs, prescribed by the head of a United States department or agency, or colorable imitations of them, are governed by title 18, United States Code, section 701.

§ 507.3 Authority to manufacture and sell.

(a) Authority to manufacture. Certificates of authority to manufacture articles listed in § 507.4 will be granted