The inspector general system

Army Lawyer, July-August, 2003 by Craig A. Meredith

(52.) AR 20-1, supra note 2, para. 3-3a; see generally U.S. DEP'T OF ARMY, PROCEDURES FOR INVESTIGATING OFFICERS AND BOARDS OF OFFICERS (30 Sept. 1996).

(53.) U.S. DEP'T OF DEFENSE DRIVE, DIR. 1320.4, MILITARY OFFICER ACTIONS REQUIRING APPROVAL OF THE SECRETARY OF DEFENSE OR THE PRESIDENT, OR CONFIRMATION OF THE Senate (14 Mar. 1995); U.S. DEP'T OF ARMY, ARMY REC. 600-8-29, OFFICER PROMOTIONS para. 1-15b (30 Nov. 1994) [hereinafter AR 600-8-29].

(54.) Memorandum, Secretary of Defense, to Secretaries of the Army, Navy, and Air Force, Under Secretary of Defense (Personnel & Readiness), General Counsel, and Inspector General, subject: Processing Retirement Applications of Officers in the Grades of O-7 and O-8 (9 Oct. 1998) (on file with author).

(55.) AR 600-8-29, supra note 53, para. 1-15a. Army Regulation 600-8-29 applies to active duty list promotions only. See id. At this time there are no background screening requirements for non-active duty list promotions.

(56.) The DAIG conducts background screening for brigade and battalion command assignments, command sergeant major selections, and drill sergeant and recruiting duty assignments in accordance with PERSCOM policies and agreements between PERSCOM and DAIG. Interview with Lieutenant Colonel John Peeler, Executive Officer, Assistance Division, U.S. Dep't of Army, Office of the Inspector General, at Arlington, Va. (July 15, 2003) [hereinafter Peeler Interview].

(57.) Memorandum, Assistant Secretary of the Army (Manpower and Reserve Affairs), to Principal Officials of Headquarters, Department of the Army and Major Commands, subject: Adverse Information Screening for Senior Executive Service (3 Oct. 2000) (on file with author).

(58.) AR 600-8-29, supra note 53, para. 8-6. Inspector general records and other derogatory information that is not filed in the Official Military Personnel File are not forwarded to selection boards. The DAIG only provides them to review boards after the review board referral authority determinates that "the information is substantiated, relevant, and might reasonably and materially affect a promotion recommendation." Id.

(59.) AR 20-1, supra note 2, para. 3-7a.

(60.) See Privacy Act of 1974, 5 U.S.C. 552a(k)(2), (5) (2000). The Privacy Act permits agency heads to exempt systems of records from the access provisions of the Privacy Act when the system of records consists of investigatory material compiled for law enforcement purposes and investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for federal civilian employment and military service. See id. The systems notice for Army IG inquiries and investigations exempts materials compiled for law enforcement or for the determination of the suitability for employment and military service from the access provisions of the Privacy Act. If an individual is denied a right, privilege, or benefit, to which he or she would otherwise be entitled, the individual will be granted access to IG materials except those that would reveal the identity of a confidential source. Privacy Act of 1974; System of Records, 67 Fed. Reg. 1447-48 (Jan. 11, 2002).