termined that granting access to medical information could have an adverse effect upon the individual to whom it pertains, the individual may be asked to name a physician to whom the information shall then be transmitted. This shall not be deemed a denial of a request for access.

(vi) Criteria for determinations on requests for amendment of records are set forth in § 701.106(d)(1).

(6) Time requirements for making acknowledgements and determinations. (i) A request for notification, access, or amendment of a record shall be acknowledged in writing within 10 working days (Saturdays, Sundays, and legal holidays excluded) or receipt by the proper office. The acknowledgement shall clearly identify the request and advise the individual when he may expect to be advised of action taken on the request. No separate acklnowledgement of receipt is necessary if a request for notification or access can be acted upon, and the individual advised of such action, within the 10-working-day period. If a request for amendment is presented in person, written acknowledgement may be provided at the time the request is presented.

(ii) Determinations and required action on initial requests for notification, access, or amendment of records shall be completed, if reasonably possible, within 30 working days of receipt by the cognizant office.

(b) Notification procedures. (1) Action upon receipt of request. Subject to the provisions of this paragraph, upon receipt of an individual's initial request for notification, the system manager or the other appropriate custodial official shall acknowledge the request as required by § 701.106 (a)(6)(i) and take one of the following actions:

(i) If consideration cannot be given to the request, because

(A) The individual's identity is not satisfactorily verified;

(B) The record system is not adequately identified, or the individual has not furnished the information needed to locate a record within the system; or

(C) The request is erroneously addressed to an official having no re

sponsibility for the record or system of records in question

inform the individual of the correct means, or additional information needed, for obtaining consideration of his request for notification;

(ii) Notify the individual, in writing, whether the system of records contains a record pertaining to him (a notification that a system of records contains no records pertaining to the individual shall not be deemed a denial of a request for notification or access);

(iii) If it is determined that notification should be denied under an available exemption and the official is not a denial authority, forward the request to the cognizant denial authority, with a copy of the requested record, and comments and recommendations concerning disposition; or

(iv) If the official is a denial authority, take the appropriate action prescribed in § 701.106(b)(2).

(2) Action by denial authority. (i) If the denial authority determines that no exemption is available or that an available exemption should not be exercised, he shall provide the requested notification, or direct the system manager or appropriate custodial authority to do so.

(ii) If the denial authority determines that an exemption is applicable and that denial of the notification would serve a significant and legitimate governmental purpose (e,g., avoid interfering with an on-going law enforcement investigation), he shall promptly send the requesting individual an original and one copy of a letter stating that no records from the system of records specified in the request are available to the individual under the Privacy Act. The letter shall also inform the individual that he may request further administrative review of the matter within 120 days, by letter to the:

Judge Advocate General (Code 14L), Department of the Navy, Washington, DC 20370.

The individual shall be further informed that a letter requesting such review should contain the enclosed copy and a statement of the individual's reasons for requesting the review.

(iii) A copy of the letter denying notification shall be forwarded directly to the Chief of Naval Operations (Op09B1) or the Commandant of the Marine Corps (Code M), as appropriate. These officials shall maintain copies of all denial letters in a form suitable for rapid retrieval, periodic statistical compilation, and management evaluation.

(3) Action by reviewing authority. Upon receipt of a request for review of a determination denying an individual's initial request for notification, the Judge Advocate General shall obtain a copy of the case file from the denial authority, review the matter, and make a final administrative determination. He is designated to perform such acts as may be required by or on behalf of the Secretary of the Navy to accomplish a thorough review and to effectuate the determination. Within 30 working days of receipt of the request for review, whenever practicable, the Judge Advocate General shall inform the requesting individual, in writing, of the final detemination and the action thereon. If the final determination is to grant notification, the Judge Advocate General may either provide the notification or direct the system manager to do so. If the final determination is to deny notification, the individual shall be informed that it has been determined upon review that there are no records in the specified system of records that are available to him under the Privacy Act.

(c) Access procedures. (1) Fees. When a copy of a record is furnished to an individual in response to a request for access, he will normally be charged duplication fees determined in accordance with § 701.40, unless such fees are waived. If the individual requests that his record be made available for review in person and copying is the only means by which the record can be shown to him (e.g., when a copy must be made in order to delete information pertaining to another individual in the record), a duplication fee shall not be charged. Search fees are not assessable under the Privacy Act. Civil Service Commission Regulation 297.115 will be used to determine the fees to be charged for copying records from

(2) Action upon receipt of request. Subject to the provisions of this paragraph, upon receipt of an individual's initial request for access, the system manager or other appropriate custodial official shall acknowledge the request as required by § 701.106(a)(6)(i), and take one of the following actions: (i) If consideration cannot be given to the request because

(A) The individual's identity is not satisfactorily verified;

(B) The record system is not adequately identified or the individual has not furnished the information needed to locate a record within a system; or

(C) The request is erroneously addressed to an official not having responsibility for granting access to the record or system of records in question

inform the individual of the correct means, or additional information needed, for obtaining consideration of his request for access;

(ii) If it is determined that the individual should be granted access to the entire record requested, the official shall inform the individual, in writing, that access is granted, and shall either:

(A) Inform the individual that he may review the record at a specified place and at specified times, that he may be accompanied by a person of his own choosing to review the record (in which event he may be asked to furnish written authorization for the record to be discussed in the accompanying person's presence), and that he may further obtain a copy of the record upon agreement to pay a duplication fee; or

(B) Furnish a copy of the record, if the individual requested that a copy to be sent and agreed in advance to pay duplication fees determined in accordance with § 701.40, unless such fees are waived.

(iii) If it is necessary to deny the individual access to all or part of the requested record, and

(A) The official is not a denial authority-forward the request to the cognizant denial authority, with a

copy of the requested record, and comments and recommendations concerning disposition; or

(B) The official is a denial authority-take the action prescribed in § 701.106(c)(3) (i) or (ii) as appropriate. (3) Action by denial authority. (i) If the denial authority determines that access should be granted to the entire record, he shall promptly make it available to the requesting individual in the manner prescribed in § 701.106(c)(2)(i), or direct the system manager to do so.

(ii) If the denial authority determines that access to the entire record should be denied under the criteria specified in paragraph (a)(5) (i), (ii), or (iii) of this section, he shall promptly send the requesting individual an original and one copy of a letter informing the individual of the denial of access and the reasons therefor, including citation of any applicable exemptions and a brief discussion of the significant and legitimate governmental purpose(s) served by the denial of access. The denial letter shall also inform the individual that he may request further administrative review of the matter within 120 days, by letter:

(A) If the record is from a civilian Official Personnel Folder or is contained on any other Civil Service Commission form, to—

Director, Bureau of Manpower Information Systems, U.S. Civil Service Commission, 1900 E Street NW., Washington, DC 20415; or

(B) If for any other record, toJudge advocate General (Code 14L), Department of the Navy, Washington, DC 20370. The individual shall be further informed that a letter requesting such review should contain the enclosed copy of the denial letter and a statement of the individual's reasons for seeking review of the initial determination.

(iii) A copy of the denial letter shall be forwarded directly to the Chief of Naval Operations (Op-09B1) or the Commandant of the Marine Corps (Code M) as provided in paragraph (b)(2)(iii) of this section.

(iv) If the denial authority determines that access to portions of the record should be denied under the cri

teria specified in paragraph (a)(5) (i), (ii), or (iii) of this section, he shall promptly make an expurgated copy of the record available to the requesting individual and issue a denial letter, in the manner and form provided in the preceding paragraph, as to the portions of the record that are required to be deleted.

(4) Action by reviewing authority. Upon receipt of a request for review of a determination denying an individual's initial request for access, the Judge Advocate General shall obtain a copy of the case file from the denial authority, review the matter, and make a final administrative determination. He is designated to perform such acts as may be required by or on behalf of the Secretary of the Navy to accomplish a thorough review and to effectuate the determination.

(i) Within 30 days of receipt of the request for review, if practicable, the Judge Advocate General shall inform the requesting individual, in writing, of the final determination and the action thereon.

(ii) If such determination has the effect of granting a request for access, in whole or in part, the Judge Advocate General may either provide access in accordance with paragraph (c)(2)(ii) (A) or (B) of this section, or direct the system manager to do so.

(iii) If the final determination has the effect of denying a request for access, in whole or part, the individual shall be informed of the reason(s) and statutory basis for the denial-including regulatory citations for any exemption exercised and an explanation of the significant and legitimate governmental purpose served by exercising the exemption-and of his rights to seek judicial review.

(iv) If the determination is based, in whole or part, on a security classification, the individual shall be apprised of the matters set forth in § 701.9(d)(4)(ii) of this subpart relating to declassification review and appeal.

(d) Amendment procedures—(1) Criteria for determinations on requests for amendment. (i) As further explained in § 701.111 of this subpart, many of the systems of records listed in Subpart G are exempt, in part,

from amendment requirements. Such exemptions, where applicable, may be exercised only by denial authorities (and by the designated review authorities upon requests for review of initial denials), and then only in cases where there is specifically determined to be a significant and legitimate governmental purpose to be served by exercising the exemption.

(ii) If an available exemption is not exercised an individual's request for amendment of a record pertaining to himself shall be granted if it is determined, on the basis of the information presented by the requester and all other reasonably available related records, that the requested amendment is warranted in order to make the record sufficiently accurate, relevant, timely, and complete as to ensure fairness in any determination which may be made about the individual on the basis of the record. If the requested amendment would involve the deletion of particular information from the record, the information shall be deleted unless it is determined that-in addition to being accurate, relevant to the individual, timely, and completethe information is relevant and necessary to accomplish a purpose or function required to be performed by the Department of the Navy pursuant to a statute or Executive order.

(iii) The foregoing is not intended to permit the alteration of evidence presented in the course of judicial or quasi-judicial proceedings. Any changes in such records should be made only through the procedures established for changing such records. These provisions are also not designed to permit collateral attack upon that which has already been the subject of a judicial or quasi-judicial action. For example, an individual would not be permitted to challenge a court-martial conviction under this subpart, but the individual would be able to challenge the accuracy with which a conviction has been recorded in a record.

(iv) As indicated in paragraph (a)(1) of this section the procedures in this paragraph are generally applicable to requests for amendment of records, irrespective of whether a particular record is contained in a system of re

cords, provided that it can be identified and located.

(2) Action upon a receipt of request. Subject to the provisions of this paragraph, upon receipt of an individual's initial request for amendment of a record, the system manager (or official occupying a comparable position with respect to a record not contained in a system of records) shall acknowledge the request in the manner prescribed by paragraph (a)(6)(i) of this section and, within 30 days, if reasonably possible, take one of the following actions:

(i) If consideration cannot be given to the request because

(A) The individual's identity is not satisfactorily verified;

(B) The individual has not furnished the information needed to locate the record;

(C) The individual has not provided adequate information as to how or why the record should be amended; or

(D) The request is erroneously addressed to an official having no responsibility for the record or system of records in question

inform the individual of the correct means, or additional information needed, for obtaining consideration of his request for amendment (a request may not be rejected, nor may the individual be required to resubmit his request, however, unless this is essential for processing the request);

(ii) If the system manager determines that the individual's request to amend a record is warranted under the criteria in paragraph (d)(1) of this section, he shall promptly amend the record and advise the individual, in writing, of that action and its effect. The system manager also should attempt to identify other records affected by the requested amendment and should make other necessary amendments, Amendments to records should be made in accordance with existing directives and established procedures for changing records, if applicable and consistent with this subpart. The system manager shall advise previous recipients of the record for whom a disclosure accounting has been made that the record has been amended, and of the substance of the correction;

(iii) If the system manager is a denial authority, and denial of the request for amendment, in whole or part, is warranted, take the appropriate action prescribed in paragraph (d)(3) (ii) or (iii) of this section; or

(iv) If the system manager is not a denial authority, but denial of the request for amendment, in whole or part, appears to be warranted, forward the request to the cognizant denial authority with a copy of the disputed record, and comments and recommendations concerning disposition.

(3) Action by denial authority. (i) If the denial authority determines that amendment of the record is warranted under the criteria in paragraph (d)(1) of this section, he shall direct the system manager to take the action prescribed in paragraph (d)(2)(ii) of this section.

(ii) If the denial authority determines that amendment of the record is not warranted under the criteria in paragraph (d)(1) of this section, he shall promptly send the requesting individual an original and one copy of a letter informing him of the denial of the request and the reason(s) for the denial, including a citation of any exemption exercised and a brief discussion of the significant and legitimate governmental purpose(s) served by exercising the exemption. The denial letter shall inform the individual that he may request further administrative review of the matter, as follows:

(A) If the record is a fitness report or performance evaluation (including proficiency and conduct marks) from a military personnel file-by letter, within 120 days, to:

Assistant Secretary of the Navy (Manpower and Reserve Affairs), Department of the Navy, Washington, DC 20350; or

(B) If the record is from a civilian Official Personnel Folder or is contained in any other Civil Service Commission form-by letter, within 30 days, to:

Director, Bureau of Manpower Information Systems, U.S. Civil Service Commission, 1900 E Street NW., Washington, DC 20415; or

(C) For any other record-by letter, within 120 days, to:

Judge Advocate General (Code 14L), Department of the Navy, Washington, DC 20370.

The individual shall be further informed that a letter requesting such review should contain the enclosed copy of the denial letter and a statement of the reasons for seeking review of the initial determination denying the request for amendment. A copy of the denial letter shall be forwarded to the Chief of Naval Operations or Commandant of the Marine Corps, as provided in paragraph (b)(2)(iii) of this section.

(iii) If the denial authority determines that a request for amendment of a record should be granted in part and denied in part, he shall take the action prescribed in paragraph (d)(3)(ii) of this section with respect to the portion of the request which is granted, and the action prescribed in paragraph (d)(3)(ii) of this section with respect to the portion of the request which is denied.

(4) Action by reviewing authority, Upon receipt of a request for review of a determination denying an individual's initial request for amendment of a record, the Assistant Secretary of the Navy (Manpower and Reserve Affairs) or the Judge Advocate General, as appropriate, shall obtain a copy of the case file from the denial authority, review the matter, and make a final administrative determination, either granting or denying amendment, in whole or in part. Those officials are designated to perform such acts as may be required by or on behalf of the Secretary of the Navy to accomplish a thorough review and effectuate the determination.

(i) Within 30 working days of receipt of the request for review, the designated reviewing official shall inform the requesting individual, in writing, of the final determination and the action thereon, except that the Assistant Secretary of the Navy (Manpower and Reserve Affairs) may authorize an extension of the time limit where warranted because a fair and equitable review cannot be completed within the prescribed time, or for other good cause, If an extension is granted, the requesting individual shall be informed, in

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