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###### Department of Defense

###### Office of the Secretary

          - [Docket No. DoD-2009-OS-0102]

# AGENCY:

Office of the Under Secretary of Defense (Personnel and Readiness), DoD.

# ACTION:

Notice.

                    In compliance with Section 3506(c)(2)(A) of the                     *Paperwork Reduction Act of 1995,*                     the Office of the Under Secretary of Defense (Personnel and Readiness) announces the following proposed extension of a public information collection and seeks public comment on the provisions thereof. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.                

# DATES:

Consideration will be given to all comments received by September 15, 2009.

# ADDRESSES:

You may submit comments, identified by docket number and title, by any of the following methods:
      -  Federal eRulemaking Portal: http://www.regulations.gov . Follow the instructions for submitting comments.                    
      -  Mail:                          Federal Docket Management System Office, 1160 Defense Pentagon, Washington, DC 20301-1160.                    

*Instructions:*                         All submissions received must include the agency name, docket number and title for this                         **Federal Register**                         document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at                         *http://www.regulations.gov*                         as they are received without change, including any personal identifiers or contact information.                    

# FOR FURTHER INFORMATION CONTACT:

To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instruments, please write to the Office of the Under Secretary of Defense (Personnel and Readiness) (Program Integration) Legal Policy, ATTN: Lt Col Williams, 4000 Defense Pentagon, Washington, DC 20301-4000 or call at (703) 697-3387.

*Title, Associated Form, and OMB Control Number:*                         Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552, DD Form 149, OMB Control Number 0704-0003.                    

*Needs and Uses:*                         This information collection requirement is necessary for all Service personnel (current and former Service members) to apply to their respective Boards for Correction of Military Records (BCMR) for a correction of their military records under Title 10, United States Code 1552. The BCMRs of the Services are the highest administrative boards and appellate review authorities in the Services for the resolution of military personnel disputes. The Service Secretaries, acting through the BCMRs, have broad powers and are duty bound to correct records if an error or injustice exists. The range of issues includes, but is not limited to, awards, clemency petitions (of courts-martial sentences), disabilities, evaluation reports, home of record, memoranda of reprimands, promotions, retirements, separations, survivor benefit plans, and titling decisions by law enforcement authorities.                    

Information collection is needed to provide current and former Service members with a method through which to request correction of a military record and to provide the Services with the basic data needed to process the request.

*Affected Public:*                         Individuals or Households.                    

*Annual Burden Hours:*                         16,500.                    

*Number of Respondents:*                         33,000.                    

*Responses per Respondent:*                         1.                    

*Average Burden per Response:*                         30 Minutes.                    

*Frequency:*                         On Occasion.                    

# SUPPLEMENTARY INFORMATION:

## Summary of Information Collection

                    The respondents for this information collection are current and former Service members requesting correction to their military records. The Service member submits to the respective BCMR a DD Form 149, “Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code Section 1552.” The information from the DD Form 149 is used by the respective Service BCMR in processing the applicant's request authorized by Title 10 U.S.C. 1552. The DD Form 149 was devised to standardize applications to the BCMRs. This information is used to identify and secure the appropriate official military and medical records from the appropriate records storage                           ( print page 34729)                        facilities. Information on the form is used by the BCMRs to identify the issues and arguments raised by applicants, identify any counsel representing applicants, and determine if the applicants filed their petitions within the three-year statute of limitations established by Congress.                

Dated: June 30, 2009.

Patricia L. Toppings,

OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. E9-17061 Filed 7-16-09; 8:45 am]

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