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A-65768 O.M., OCT 12, 1982

A-65768 O.M. Oct 12, 1982
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ALLEN: THIS IS IN RESPONSE TO YOUR MEMORANDUM OF SEPTEMBER 20. THAT WE WERE UNABLE TO AGREE TO THE PROPOSAL. WE ADVISED YOUR OFFICE THAT SUCH INFORMATION WAS NOT HELPFUL IN DETERMINING WHETHER A DIFFERENT RETENTION PERIOD SHOULD BE AUTHORIZED. THIS PROPOSAL IS BASED UPON STUDIES ON THE ACTUAL REFERENCE ACTIVITY INVOLVING THESE RECORDS AND UPON ASSURANCES FROM THE OFFICE OF PERSONNEL MANAGEMENT (OPM) THAT DESTRUCTION OF THESE RECORDS WILL NOT ADVERSELY AFFECT THE RETIREMENT PROGRAMS ADMINISTERED BY OPM. FEW AGENCIES HAVE REQUESTED COPIES OF THE PAY RECORDS PRIOR TO 1938. WE HAVE BEEN ASSURED BY MR. MOSLEY FROM NARS THAT ONLY PRE-1938 RECORDS WILL BE DESTROYED AT THIS TIME AND THAT ANY PROPOSED DESTRUCTION OF RECORDS FROM 1938 TO THE PRESENT WILL BE THE SUBJECT OF FURTHER STUDY AND EVALUATION BY NARS BEFORE AN APPROVAL IS REQUESTED.

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A-65768 O.M., OCT 12, 1982

SUBJECT: PROPOSED DESTRUCTION OF CIVILIAN AND MILITARY PAY RECORDS DATED BEFORE 1938, A-65768-O.M.

CHIEF, RECORDS MANAGEMENT AND ANALYSIS SECTION - SHIRLEY A. ALLEN:

THIS IS IN RESPONSE TO YOUR MEMORANDUM OF SEPTEMBER 20, 1982, REQUESTING OUR REVIEW OF A PROPOSAL BY THE NATIONAL ARCHIVES AND RECORDS SERVICE (NARS) TO DESTROY CERTAIN CIVILIAN AND MILITARY PAY RECORDS DATED BEFORE 1938.

IN 1977, NARS PROPOSED REDUCING THE PERIOD OF RETENTION OF CERTAIN CIVILIAN AND MILITARY PAYROLL RECORDS FROM 56 YEARS TO 10 YEARS. MEMORANDUM DATED FEBRUARY 2, 1978, WE ADVISED THE DIRECTOR, OAS, THAT WE WERE UNABLE TO AGREE TO THE PROPOSAL, IN PART, BECAUSE OF THE APPLICATION OF THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT, 50 U.S.C. APP. SECS. 501 ET SEQ. WHICH TOLLS THE RUNNING OF THE STATUTE OF LIMITATIONS ON CLAIMS. FOR EXAMPLE, CLAIMS MIGHT BE SUBMITTED BEYOND THE 10-YEAR PERIOD, AND THE DESTRUCTION OF THE ONLY REMAINING OFFICIAL RECORDS WOULD NOT PROTECT THE INTERESTS OF THE GOVERNMENT OR THE INDIVIDUAL CLAIMANT. A-65768, FEBRUARY 2, 1978.

THE REPLY FROM NARS IN 1979 PROVIDED ONLY INFORMATION REGARDING POTENTIAL COST SAVINGS IN REDUCING STORAGE COSTS, AND WE ADVISED YOUR OFFICE THAT SUCH INFORMATION WAS NOT HELPFUL IN DETERMINING WHETHER A DIFFERENT RETENTION PERIOD SHOULD BE AUTHORIZED. A-65768, DECEMBER 24, 1980.

IN 1982 NARS HAS AGAIN PROPOSED A REDUCTION IN THE RETENTION PERIOD FOR THESE RECORDS BY DESTROYING ALL RECORDS PRIOR TO 1938. THIS PROPOSAL IS BASED UPON STUDIES ON THE ACTUAL REFERENCE ACTIVITY INVOLVING THESE RECORDS AND UPON ASSURANCES FROM THE OFFICE OF PERSONNEL MANAGEMENT (OPM) THAT DESTRUCTION OF THESE RECORDS WILL NOT ADVERSELY AFFECT THE RETIREMENT PROGRAMS ADMINISTERED BY OPM. WE CONTACTED MR. RAY MOSLEY OF NARS, AND HE ADVISED THAT OTHER THAN OPM, FEW AGENCIES HAVE REQUESTED COPIES OF THE PAY RECORDS PRIOR TO 1938. SINCE OPM, THE MAJOR USER OF SUCH RECORDS, HAS NOT OBJECTED TO THE PROPOSAL, HE SAW NO REASON TO OBJECT TO THE PROPOSAL.

WE HAVE BEEN ASSURED BY MR. MOSLEY FROM NARS THAT ONLY PRE-1938 RECORDS WILL BE DESTROYED AT THIS TIME AND THAT ANY PROPOSED DESTRUCTION OF RECORDS FROM 1938 TO THE PRESENT WILL BE THE SUBJECT OF FURTHER STUDY AND EVALUATION BY NARS BEFORE AN APPROVAL IS REQUESTED. THEREFORE, BASED ON THE ABOVE, WE HAVE NO LEGAL OBJECTIONS TO THIS PROPOSAL.

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