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39 Section 4. Access to a BUEs OPF, EPF, medical, and security file will not be granted, except as authorized by law and OPM regulation. Section 5. In accordance with 5 U.S.C. 552a, a BUE may request that a record maintained by the Employer be corrected or amended if he/she believes the information is incorrect. The Employer will advise the BUE, within fifteen (15) calendar days of the BUEs request of the Employer's de termination. If the Employer determines the BUEs request is valid the OPF shall be corrected immediately. A BUE who attempts unsuccessfully to correct or amend a record maintained by the Employer will be advised of the reasons for the refusal and may have a statement of disagreement placed within his/her folder. Section 6. In accordance with 5 U.S.C. 552a, any disclosure of a BUE's record, containing information about which the individual has filed a statement of disagreement, the Employer shall clearl y note any portion of the record which is disputed and also provide copies of the BUEs statement and, if appropriate, the Employer's reasons for not making the amendments. Section 7. Personal records, notes, or diaries maintained by a Supervisor with reg ard to his/her work Unit or BUEs are merely extensions of the Supervisor's memory, and may be retained or discarded at the Supervisor's discretion. a. Such notes are not subject to the provisions of the Privacy Act so long as the following condit ions are met: (1). They are kept and maintained for the Supervisors personal use only. (2). They are not circulated to anyone else, including secretarial staff or another Supervisor of the same BUE. (3). They are n ot under the control of the DoN in any way or required to be kept by the DoN. (4). They are kept or destroyed solely as the Supervisor sees fit. b. Such records, notes, or diaries shall not be used as evidence to support the following : (1). A Performance evaluation of less than acceptable; (2). The denial of a career ladder promotion; (3). The denial of a within - grade increase; (4). Disciplinary or adverse actions; unless the BUE was provided a copy of such documentation. If a BUE is shown a note, record, or diary as part of the administrative process, he/she shall be given the opportunity to submit a written response contesting the information contained therein.

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