5 oldest FOIA requests (USEUCOM)

Jason Smathers filed this request with the U.S. European Command - USEUCOM of the United States of America.


From: Jason Smathers

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

All records referencing the five oldest FOIA and Privacy Act requests which are still being processed that contain remarks, comments, notes, explanations, etc. made by your personnel or contractors about the processing of these requests (and appeals, if appropriate), the invocation of exemptions, or related matters. This is to include any analysts' notes made during the processing of the requests, any standard worksheets completed by the analysts, any justifications for exemption invocations or other supporting documentation provided to the Appeals Authority, and any correspondence referencing the requests, including tasking orders, emails, and coordination documentation. However, any records previously released to the original requesters in unredacted form may be excluded from this request. Additionally, please provide the initial request letters for the 5 oldest open FOIA/PA requests.

When processing this request, please note that the D.C. Circuit has previously held that agencies have a duty to construe the subject material of FOIA requests liberally to ensure responsive records are not overlooked. See Nation Magazine, Washington Bureau v. U.S. Customs Service, 71 F.3d 885, 890 (D.C. Cir. 1995). Accordingly, you are hereby instructed that the term “record” includes, but is not limited to: 1) all email communications to or from any individual within your agency; 2) memoranda; 3) inter-agency communications; 4) sound recordings; 5) tape recordings; 6) video or film recordings; 7) photographs; 8) notes; 9) notebooks; 10) indices; 11) jottings; 12) message slips; 13) letters or correspondence; 14) telexes; 15) telegrams; 16) facsimile transmissions; 17) statements; 18) policies; 19) manuals or binders; 20) books; 21) handbooks; 22) business records; 23) personnel records; 24) ledgers; 25) notices; 26) warnings; 27) affidavits; 28) declarations under penalty of perjury; 29) unsworn statements; 30) reports; 31) diaries; or 32) calendars, regardless of whether they are handwritten, printed, typed, mechanically or electronically recorded or reproduced on any medium capable of conveying an image, such as paper, CDs, DVDs, or diskettes.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.


Jason Smathers
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Daytime: (617) 299-1832
For mailed responses, please address:
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Somerville, MA 02143


Mr. Smathers,

This is an initial response to your FOIA request pertaining to the "Five
oldest pending FOIA Requests at EUCOM" your FOIA case number is
11-F-011. Please refer to the case number in any future communications
with us.

Your request for a fee waiver has been granted.

Your request will be processed as quickly as possible in accordance with
procedural requirements contained in the Department of Defense (DOD)
Regulation 5400.7-R. The actual processing time will depend on the
complexity and whether it involves sensitive records.

Please be advised that all FOIA request are processed in a first-in,
first-out, easy-hard basis, and controlled in response queues. Your
request has been placed in the queue based upon the date it was


Phillips, Arthur SSG
EUCOM FOIA/PA Disclosure Specialist


Mr. Smathers

This is our final response to your FOIA request, 11-F-010.

COL Michael Godfrey, J1 Director for Manpower, Personnel and Administration, HQ USEUCOM, an Initial Denial Authority, has determined that the deleted portions of the attached document (64 pages) with portions of pages exempt from release. The requested information is exempt from release because it contains information pertaining to personnel overseas, sensitive or routinely deployable units and because its release would constitute a clearly unwarranted invasion of personal privacy of an individual. Therefore, the information is withheld pursuant to 5 USC§552(b)(3) 10 USC§130b and 5 USC§552(b)(6). If you would like a hard copies of the documents to you please let us know.

You have the right to appeal this finding. Should you decide to do so, your appeal must be submitted within 60 calendar days from the date of this letter to:

Mr. James Hogan
Chief, Defense Freedom of Information Policy Office
1155 Defense Pentagon
Washington DC 20301-1155

A copy of this letter must accompany your justification for appeal.

There is no charge for this service.

Thank you.


Arthur Phillips
Staff Sergeant
EUCOM FOIA/PA Disclosure Specialist