**§1.579 Amendment of records.**

\(a\) Any individual may request amendment of any Department of Veterans
Affairs record pertaining to him or her. Not later than 10 days
(excluding Saturdays, Sundays, and legal public holidays) after the date
or receipt of such request, the Department of Veterans Affairs will
acknowledge in writing such receipt. The Department of Veterans Affairs
will complete the review to amend or correct a record as soon as
reasonably possible, normally within 30 days from the receipt of the
request (excluding Saturdays, Sundays, and legal public holidays) unless
unusual circumstances preclude completing action within that time. The
Department of Veterans Affairs will promptly either:

\(1\) Correct any part thereof which the individual believes is not
accurate, relevant, timely or complete; or

\(2\) Inform the individual of the Department of Veterans Affairs
refusal to amend the record in accordance with his or her request, the
reason for the refusal, the procedures by which the individual may
request a review of that refusal by the Secretary or designee, and the
name and address of such official. (Authority: 5 U.S.C. 552a(d)(2))

\(b\) The administration or staff office having jurisdiction over the
records involved will establish procedures for reviewing a request from
an individual concerning the amendment of any record or information
pertaining to the individual, for making a determination on the request,
for an appeal within the Department of Veterans Affairs of an initial
adverse Department of Veterans Affairs determination, and for whatever
additional means may be necessary for each individual to be able to
exercise fully, his or her right under 5 U.S.C. 552a.

\(1\) Headquarters officials designated as responsible for the amendment
of records or information located in Central Office and under their
jurisdiction include, but are not limited to: Secretary; Deputy
Secretary, as well as other appropriate individuals responsible for the
conduct of business within the various Department of Veterans Affairs
administrations and staff offices. These officials will determine and
advise the requester of the identifying information required to relate
the request to the appropriate record, evaluate and grant or deny
requests to amend, review initial adverse determinations upon request,
and assist requesters desiring to amend or appeal initial adverse
determinations or learn further of the provisions for judicial review.

\(2\) The following field officials are designated as responsible for
the amendment of records or information located in facilities under
their jurisdiction, as appropriate: The Director of each Center,
Domiciliary, Medical Center, Outpatient Clinic, Regional Office, Supply
Depot, and Regional Counsels. These officials will function in the same
manner at field facilities as that specified in the preceding
subparagraph for headquarters officials in Central Office. (Authority: 5
U.S.C. 552a(f)(4))

\(c\) Any individual who disagrees with the Department of Veterans
Affairs refusal to amend his or her record may request a review of such
refusal. The Department of Veterans Affairs will complete such review
not later than 30 days (excluding Saturdays, Sundays, and legal public
holidays) from the date on which the individual request such review and
make a final determination unless, for good cause shown, the Secretary
extends such 30-day period. If, after review, the Secretary or designee
also refuses to amend the record in accordance with the request the
individual will be advised of the right to file with the Department of
Veterans Affairs a concise statement setting forth the reasons for his
or her disagreement with the Department of Veterans Affairs refusal and
also advise of the provisions for judicial review of the reviewing
official's determination. (5 U.S.C. 552a(g)(1)(A))

\(d\) In any disclosure, containing information about which the
individual has filed a statement of disagreement, occurring after the
filing of the statement under paragraph (c) of this section, the
Department of Veterans Affairs will clearly note any part of the record
which is disputed and provide copies of the statement (and, if the
Department of Veterans Affairs deems it appropriate, copies of a concise
statement of the Department of Veterans Affairs reasons for not making
the amendments requested) to persons or other agencies to whom the
disputed record has been disclosed. (5 U.S.C. 552a(d)(4)) (38 U.S.C.
501(a))

\[47 FR 16324, Apr. 16, 1982, as amended at 61 FR 7216, Feb. 27, 1996\]