Amendment Requests

The Privacy Act of 1974, 5 U.S.C 552a, as amended, allows individuals to gain access to their personal records, subject to certain exemptions, and to seek amendment and/or correction of their records. Title 32 Code of Federal Regulation §310.7 governs amendment procedures for the Department of Defense.

Amendment requests to the Defense Counterintelligence and Security Agency (DCSA) should identify each particular record in question, state the amendment or correction that is sought, and state why the record is not accurate, relevant, timely, or complete without the correction. Relevant factual documentation supporting the proposed amendment, or correction, should be submitted with the request.

Certain records maintained by the DCSA are not subject to amendment or correction under the Privacy Act. A detailed list of DCSA records exempt from Privacy Act amendment requirements can be found at 32 CFR §310.7(b).

If a request for an amendment is granted in whole, or in part, the individual will receive a description, or copy, of the amendment, or notification of the right to obtain a copy of the amended record. If the request for amendment is denied in whole, or in part, the notification of denial letter will explain: (1) the reason(s) for the denial, and (2) the procedures for filing an appeal.

Submitting an Amendment Request

The following information must be included in any amendment request:

  • Full name
  • Date of birth
  • Place of birth
  • Full social security number
  • A precise identification of the record in question
  • The amendment sought with an explanation as to why the record is not accurate, relevant, timely or complete without the correction
  • Factual documentation supporting the requested amendment
  • Mailing address and email address if you'd like your material returned electronically
  • Handwritten requests must include an original notarized statement or an unsworn declaration in accordance with 28 U.S.C. 1746, in the following format: I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Handwritten Signature).

Requests to Amend Background Investigation Records

Requests to amend background investigation records may be sent to the DCSA FOIA and Privacy Office for Investigations. Requests may be handwritten or submitted using the INV100 form.

Requests to Amend DCSA Adjudication or Vetting Records 

Requests to amend DCSA adjudication or vetting records may be sent to the DCSA FOIA and Privacy Office for Adjudications and Vetting. Requests may be handwritten or submitted using the DCSA 335 form.

Note: The Privacy Act Amendment process is not the proper avenue for amending eligibility, suitability, fitness, or security clearance determinations made by the DCSA Adjudication and Vetting Services (AVS), formerly known as the Consolidated Adjudication Services (CAS). Generally, these determinations are based on a number of factors or diverse set of facts, and these determinations do not fall within the scope of the Privacy Act Amendment procedures. Should you wish to address an eligibility, suitability, fitness, or security clearance determination made by DCSA AVS, contact your security manager or facility security officer for further assistance. You may also visit the AVS website.

Amendment Requests Submitted by Representatives and/or Guardians

Representatives and/or guardians may submit an amendment request on behalf of the subject of the investigation. Requests must include everything mentioned above, and the following information:

  • The subject must provide written authorization for the representative to request the amendment on their behalf. The authorization should include the name and mailing address of the representative.
  • The authorization must clearly indicate that the DCSA Office of Privacy, Civil Liberties, and Freedom of Information is authorized to correspond with and release records to the representative.
  • The subject’s authorization must include an original notarized statement or an unsworn declaration in accordance with 28 U.S.C. 1746, in the following format: I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Handwritten Signature).

Appealing an Amendment Denial

Requesters have the right to appeal the DCSA FOI/P component office’s decision. Appeals must be post marked within sixty (60) calendar days from the date on the denial letter. The appeal should include: (1) factual documentation supporting the requested amendment, (2) an explanation why the agency decision may have been in error, (3) a copy of the original request, (4) a copy of the amendment denial response letter, and (5) a reference to the tracking number provided in the amendment denial response letter. Clearly mark the outside of the envelope and your appeal letter: “Privacy Amendment Appeal”.

Appeals may be submitted in writing to:

Defense Counterintelligence and Security Agency
ATTN: FOIA Appellate Authority
1137 Branchton Road 
P.O. Box 618
Boyers, PA 16018
 
Email: dcsa.quantico.dcsa-hq.mbx.foia@mail.mil 
 
Note: Prior to sending, please ensure the security of your e-mail system is adequate for transmitting sensitive, personally identifiable information (full name, social security number, date of birth, etc.).
 
The appellant will be notified of the appeal decision within thirty (30) working days from the date of the appeal letter, unless the period is extended for good cause. The appellant will be notified of the decision on their appeal in writing. If the appeal is denied, in whole or in part, the appellant will be informed of their right to file a Statement of Disagreement and their right for judicial review. 
 
If a Statement of Disagreement is filed, it must clearly identify each part of any record that is disputed, be concise in nature, and generally shorter than one typed page. The Statement of Disagreement will be filed or notated in the system of records and an annotation to the record itself will indicate the existence and location of the Statement of Disagreement.
 
Pursuant to 5 U.S.C. §552a(g)(1) and 32 CFR 310.6(b), appellants may also seek judicial review for any negative determinations in the District Court of the United States in the district: (1) in which they reside; (2) in which they maintain their principal place of business; (3) where the disputed agency records are maintained; or (4) in the U.S. District Court for the District of Columbia.
 
If a decision is remanded or modified on appeal, in whole or in part, the appellant will be notified of that determination in writing. The DCSA FOI/P component office will thereafter further process the request in accordance with that appeal determination and respond directly to the appellant.