32 C.F.R. Appendix B to Part 505—Example of Report for New System of Records
Title 32 - National Defense
Narrative Statement 1. 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.
Title 32: National Defense
PART 505—THE ARMY PRIVACY PROGRAM
Appendix B to Part 505—Example of Report for New System of Records
