Army Review of Mefloquine Prescribing Practices

Remington Nevin filed this request with the Department of Defense, Office of the Secretary of Defense of the United States of America.
Tracking # 15-F-0215
Status
Completed

Communications

From: Remington Nevin

To Whom It May Concern:

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

Copies of the formal review, and any attachments thereto, submitted by the Office of the Army Surgeon General or the Commander, Army Medical Command, in response to Assistant Secretary of Defense (ASD) Health Affairs (HA) memorandum dated 17 January 2012, subject: Service Review of Mefloquine Prescribing Practices (http://truth-out.org/files/Mefloquine-QA-Memo-JAN-2012-(Signed).pdf), which requested that the results of a service-wide review of mefloquine prescribing practices within the Army be completed within 90 days of the date of the memorandum. In considering the possible application of FOIA exemption (b)(3) to this request, please consider that the provisions of 10 USC § 1102 (d) (1) specify that “[n]othing in this section shall be construed as authorizing or requiring the withholding from any person or entity aggregate statistical information regarding the results of Department of Defense medical quality assurance programs”.

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.

Sincerely,

Remington Nevin

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 22, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Peterson, John Phillip CIV USARMY MEDCOM HQ (US)

Mr. Nevin,

In response to your request for information pertaining to the review, and any attachments thereto, submitted by the Office of the Army Surgeon General in response to the ASD(HA) Memorandum dated 17 January 2012, subject: Service Review of Mefloquine Prescribing Practices.

As of this date your request is being processed in conjunction with 31 additional FOIA requests that were received prior to your request.
The FOIA provides for the extension of time limits for the processing of requests due to the need to search for and collect records and to consult with another agency.
Additionally when a Component has a significant number of requests, identified as 10 or more, requests are to be processed in order of receipt i.e. a practice of handling requests on a first -in, first out basis. As noted, I am currently working to complete the processing of your request as expeditiously as possible.

As the information you are requesting was produced by the AMEDD in response to the ASD(HA) Memorandum, 17 Jan 2012, Subject: Service Review of Mefloquine Prescribing Practices., in accordance with Department of Defense Manual 6025.13, dated October 29, 2013, aggregate statistical data derived from medical records and Medical Quality Assurance Peer Review (MQAPR) data at the Service level or below may be released outside of DoD when authorized by ASD(HA). Therefore a review by ASD(HA) of the AMEDD response is required.

Please call upon me should you require any additional information.
Regards,

Jpp

John P Peterson
Chief, Freedom of Information/
Privacy Act Office
HQ, U.S. Army Medical Command
(W) 210-221-4233

john.p.peterson.civ@mail.mil

From: Remington Nevin

Commander,
U.S. Army Medical Command
ATTN: Freedom of Information/Privacy Acts Office
2748 Worth Road
Fort Sam Houston, Texas 78234-6021
Re: FOIA Request dated September 22, 2014, subject: “Army Review of Mefloquine Prescribing Practices”

This is an appeal under the Freedom of Information Act. I hereby appeal the
the unreasonable delay in your agency responding to my original request, in excess of 20 business days, on the grounds that the FOIA does not provide for a delay in releasing the requested information for the specific reasons articulated by your agency.

My original request, submitted on September 22, 2014, requested “Copies of the formal review, and any attachments thereto, submitted by the Office of the Army Surgeon General [OTSG] or the Commander, Army Medical Command [MEDCOM], in response to Assistant Secretary of Defense (ASD) Health Affairs (HA) memorandum dated 17 January 2012, subject: Service Review of Mefloquine Prescribing Practices (http://truth-out.org/files/Mefloquine-QA-Memo-JAN-2012-(Signed).pdf)”. As this request seeks records produced directly by OTSG or MEDCOM in response to an official ASD(HA) tasker, it is not plausible that these records are not readily available from within your office, nor that they would not be immediately retrievable as responsive documents in response to this request. In your reply of October 24, 2014, you quite reasonably did not specify a need to search a large volume of records in order to respond to my request.

Rather, your agency has attempted to justify the unreasonable delay in releasing these responsive records to me by stating that the FOIA provides for the extension of time limits “for the processing of requests due to the need to search for and collect records and to consult with another agency”. You emphasize the need for a review by ASD(HA) of the AMEDD response, noting that in “accordance with Department of Defense Manual [DoDM] 6025.13, dated October 29, 2013, aggregate statistical data derived from medical records and Medical Quality Assurance Peer Review (MQAPR) data at the Service level or below may be released outside of DoD when authorized by ASD(HA). Therefore a review by ASD(HA) of the AMEDD response is required.”

In seeking to justify a delay in the release of documents responsive to my request in order to secure a review by ASD(HA), your agency appears to have interpreted 10 USC § 1102 as applying to the entirety of my request for “the formal review, and any attachments thereto, submitted by the Office of the Army Surgeon General or the Commander, Army Medical Command, in response to Assistant Secretary of Defense (ASD) Health Affairs (HA) memorandum dated 17 January 2012, subject: Service Review of Mefloquine Prescribing Practices”. It is not at all clear that this formal review, nor any attachments thereto, would be subject to the provisions of DODM 6025.13, dated October 29, 2013, which applies specifically to “medical quality assurance records”.

As currently written, 10 USC § 1102 (j) (2) defines a “medical quality assurance record” as “the proceedings, records, minutes, and reports that eminate from quality assurance programs”. As currently written, 10 USC § 1102 (j) (1) defines a “medical quality assurance program” as limited to “any peer review activity”. As currently written, 10 USC § 1102 (j) (4) further defines “peer review” as “any assessment of the quality of medical care carried out by a health care professional”. That the protections of 10 USC § 1102, and hence the limitations on mandatory FOIA release under exemption (b)(3), are intended to apply only to bona fide peer review activities conducted by bona fide health care professionals, is substantiated by USC Public Law 112-81 § 714(a)(1), which took care to substitute the phrase “any peer review activity” for the earlier “any activity carried out”.

In this respect, any component of the “formal review, and any attachments thereto, submitted by the Office of the Army Surgeon General or the Commander, Army Medical Command, in response to Assistant Secretary of Defense (ASD) Health Affairs (HA) memorandum dated 17 January 2012, subject: Service Review of Mefloquine Prescribing Practices”, that eminated from non-peer sources or from non-health care professionals, or that was conducted outside of a properly constituted medical quality assurance program, would not be exempt by statute from mandatory FOIA release under (b)(3).

While certain documents responsive to my request, including but not limited to cover letters and transmission notifications, executive summaries, analyses, and conclusions, are clearly exempt from withholding and are therefore subject to mandatory FOIA release, and would not necessitate consultation with outside agencies prior to mandatory release, under FOIA exemption (b)(3), nonetheless on appeal should certain documents within the “formal review, and any attachments thereto, submitted by the Office of the Army Surgeon General or the Commander, Army Medical Command, in response to Assistant Secretary of Defense (ASD) Health Affairs (HA) memorandum dated 17 January 2012, subject: Service Review of Mefloquine Prescribing Practices” be deemed to constitute the work of a bona fide medical quality assurance program, the entirety of these records would also not necessarily be exempt from mandatory release nor would necessarily require outside agency review. As currently written, 10 USC § 1102 (d) (1) states that “[n]othing in this section shall be construed as authorizing or requiring the withholding from any person or entity aggregate statistical information regarding the results of Department of Defense medical quality assurance programs”. Indeed, DoDM 6025.13, dated October 29, 2013, explicitely notes that the document “must not be misconstrued as authorizing or requiring the withholding from any person or entity aggregate statistical information regarding the results of DoD MQAPR programs”.

In this respect, any portion of the “formal review, and any attachments thereto, submitted by the Office of the Army Surgeon General or the Commander, Army Medical Command, in response to Assistant Secretary of Defense (ASD) Health Affairs (HA) memorandum dated 17 January 2012, subject: Service Review of Mefloquine Prescribing Practices” which address “aggregate statistical information”, would also not be exempt from mandatory release, and would also not necessitate consultation with outside agencies prior to mandatory release, under FOIA exemption (b)(3).

Please also note that should your agency not meet the statutory time requirement in responding to my request, the provisions of section 6 of the OPEN Government Act of 2007, Pub. L. No. 110-175, 121 Stat. 2524, shall apply, including the provision that "[a]n agency shall not assess search fees (or in the case of a requester described under clause (ii)(II) [of 5 USC § 552 (a)(4)(A) as described above], duplication fees) . . . if the agency fails to comply with any time limit… if no unusual or exceptional circumstances… apply to the processing of the request."

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

Sincerely,

Remington Nevin

From: MuckRock

Hello,

A copy of the following appeal has been mailed to the U.S. Army MEDCOM FOIA office. Please advise if another copy should be sent to a different destination.

Thank you very much for your help.

_________

Commander,
U.S. Army Medical Command
ATTN: Freedom of Information/Privacy Acts Office
2748 Worth Road
Fort Sam Houston, Texas 78234-6021
Re: FOIA Request dated September 22, 2014, subject: “Army Review of Mefloquine Prescribing Practices”

This is an appeal under the Freedom of Information Act. I hereby appeal the
the unreasonable delay in your agency responding to my original request, in excess of 20 business days, on the grounds that the FOIA does not provide for a delay in releasing the requested information for the specific reasons articulated by your agency.

My original request, submitted on September 22, 2014, requested “Copies of the formal review, and any attachments thereto, submitted by the Office of the Army Surgeon General [OTSG] or the Commander, Army Medical Command [MEDCOM], in response to Assistant Secretary of Defense (ASD) Health Affairs (HA) memorandum dated 17 January 2012, subject: Service Review of Mefloquine Prescribing Practices (http://truth-out.org/files/Mefloquine-QA-Memo-JAN-2012-(Signed).pdf)”. As this request seeks records produced directly by OTSG or MEDCOM in response to an official ASD(HA) tasker, it is not plausible that these records are not readily available from within your office, nor that they would not be immediately retrievable as responsive documents in response to this request. In your reply of October 24, 2014, you quite reasonably did not specify a need to search a large volume of records in order to respond to my request.

Rather, your agency has attempted to justify the unreasonable delay in releasing these responsive records to me by stating that the FOIA provides for the extension of time limits “for the processing of requests due to the need to search for and collect records and to consult with another agency”. You emphasize the need for a review by ASD(HA) of the AMEDD response, noting that in “accordance with Department of Defense Manual [DoDM] 6025.13, dated October 29, 2013, aggregate statistical data derived from medical records and Medical Quality Assurance Peer Review (MQAPR) data at the Service level or below may be released outside of DoD when authorized by ASD(HA). Therefore a review by ASD(HA) of the AMEDD response is required.”

In seeking to justify a delay in the release of documents responsive to my request in order to secure a review by ASD(HA), your agency appears to have interpreted 10 USC § 1102 as applying to the entirety of my request for “the formal review, and any attachments thereto, submitted by the Office of the Army Surgeon General or the Commander, Army Medical Command, in response to Assistant Secretary of Defense (ASD) Health Affairs (HA) memorandum dated 17 January 2012, subject: Service Review of Mefloquine Prescribing Practices”. It is not at all clear that this formal review, nor any attachments thereto, would be subject to the provisions of DODM 6025.13, dated October 29, 2013, which applies specifically to “medical quality assurance records”.

As currently written, 10 USC § 1102 (j) (2) defines a “medical quality assurance record” as “the proceedings, records, minutes, and reports that eminate from quality assurance programs”. As currently written, 10 USC § 1102 (j) (1) defines a “medical quality assurance program” as limited to “any peer review activity”. As currently written, 10 USC § 1102 (j) (4) further defines “peer review” as “any assessment of the quality of medical care carried out by a health care professional”. That the protections of 10 USC § 1102, and hence the limitations on mandatory FOIA release under exemption (b)(3), are intended to apply only to bona fide peer review activities conducted by bona fide health care professionals, is substantiated by USC Public Law 112-81 § 714(a)(1), which took care to substitute the phrase “any peer review activity” for the earlier “any activity carried out”.

In this respect, any component of the “formal review, and any attachments thereto, submitted by the Office of the Army Surgeon General or the Commander, Army Medical Command, in response to Assistant Secretary of Defense (ASD) Health Affairs (HA) memorandum dated 17 January 2012, subject: Service Review of Mefloquine Prescribing Practices”, that eminated from non-peer sources or from non-health care professionals, or that was conducted outside of a properly constituted medical quality assurance program, would not be exempt by statute from mandatory FOIA release under (b)(3).

While certain documents responsive to my request, including but not limited to cover letters and transmission notifications, executive summaries, analyses, and conclusions, are clearly exempt from withholding and are therefore subject to mandatory FOIA release, and would not necessitate consultation with outside agencies prior to mandatory release, under FOIA exemption (b)(3), nonetheless on appeal should certain documents within the “formal review, and any attachments thereto, submitted by the Office of the Army Surgeon General or the Commander, Army Medical Command, in response to Assistant Secretary of Defense (ASD) Health Affairs (HA) memorandum dated 17 January 2012, subject: Service Review of Mefloquine Prescribing Practices” be deemed to constitute the work of a bona fide medical quality assurance program, the entirety of these records would also not necessarily be exempt from mandatory release nor would necessarily require outside agency review. As currently written, 10 USC § 1102 (d) (1) states that “[n]othing in this section shall be construed as authorizing or requiring the withholding from any person or entity aggregate statistical information regarding the results of Department of Defense medical quality assurance programs”. Indeed, DoDM 6025.13, dated October 29, 2013, explicitely notes that the document “must not be misconstrued as authorizing or requiring the withholding from any person or entity aggregate statistical information regarding the results of DoD MQAPR programs”.

In this respect, any portion of the “formal review, and any attachments thereto, submitted by the Office of the Army Surgeon General or the Commander, Army Medical Command, in response to Assistant Secretary of Defense (ASD) Health Affairs (HA) memorandum dated 17 January 2012, subject: Service Review of Mefloquine Prescribing Practices” which address “aggregate statistical information”, would also not be exempt from mandatory release, and would also not necessitate consultation with outside agencies prior to mandatory release, under FOIA exemption (b)(3).

Please also note that should your agency not meet the statutory time requirement in responding to my request, the provisions of section 6 of the OPEN Government Act of 2007, Pub. L. No. 110-175, 121 Stat. 2524, shall apply, including the provision that "[a]n agency shall not assess search fees (or in the case of a requester described under clause (ii)(II) [of 5 USC § 552 (a)(4)(A) as described above], duplication fees) . . . if the agency fails to comply with any time limit… if no unusual or exceptional circumstances… apply to the processing of the request."

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

Sincerely,

Remington Nevin

From: Gibbens, Curtis A CIV WHS ESD (US)

Remington Nevin
MuckRock News
Boston, MA 02205-5819

Dear Mr. Nevin,

This is an interim response to your attached Freedom of Information Act (FOIA) request to the U.S. Army Medical Command (MEDCOM). In response to your FOIA request, MEDCOM referred one responsive document to this office for review and direct response to you. Your request has been assigned the case number 15-F-0215 and we ask that you use that number when referring to your request.

We will be unable to respond to your request within the FOIA's 20 day statutory time period as there are unusual circumstances which impact on our ability to quickly process your request. These unusual circumstances are: (a) the need to search for and collect records from a facility geographically separated from this office; (b) the potential volume of records responsive to your request; and (c) the need for consultation with one or more other agencies or DoD components having a substantial interest in either the determination or the subject matter of the records. For these reasons, your request has been placed in our complex processing queue and will be worked in the order the request was received. Our current administrative workload is over 1,200 open requests.

I am the action officer assigned to your request and can be reached at either curtis.a.gibbens.civ@mail.mil or (571) 372-0412.

Sincerely,

Curtis Gibbens
OSD/JS FOIA Office
571-372-0412

From: Remington Nevin

OSD/Joint Staff Freedom of Information Office
ATTN: Appeals Office
1155 Defense Pentagon
Washington, D.C. 20301-1155
Re: Freedom of Information Act Appeal, Case # 15-F-0215

This is an appeal under the Freedom of Information Act. I hereby appeal the unreasonable delay in your agency responding to my original request, in excess of 20 business days, on the grounds that the FOIA does not provide for a delay in releasing the requested information for the specific reasons articulated by your agency.

As described in your interim response of November 5, 2014, the U.S. Army Medical Command (MEDCOM) has referred one responsive document to your office for review and direct response to me. Your office is now claiming that on the basis of three “unusual circumstances”, your office has placed my request in your “complex processing queue”. This is neither necessary nor permitted by statute, given that you are in possession of a document responsive to my request that neither requires nor is entitled to any further delay in release.

Your office claims that one “unusual circumstance” justifying the unreasonable delay in your agency releaseing this document is the need to search for and collect records geographically separated from your office. This is not plausible given that the one responsive document forwarded to your office by MEDCOM is already in the possession of your office.

Your office further claims another “unusual circumstance” justifying the unreasonable delay in your agency releasing this document is the “potential volume of records responsive” to my request. This is clearly also not plausible given that only a single responsive document has been forwarded to your office by MEDCOM for your review prior to release.

Your office claims a final “unusual circumstance” justifying the unreasonable delay in your agency responding to my request is “the need for consultation with one or more other agencies or DoD components having a substantial interest in either the determination or the subject matter of these records”. This is also not plausible given that MEDCOM has already forwarded the responsive document to your office for direct response. As described in the original FOIA request, the requested information consists of “Copies of the formal review, and any attachments thereto, submitted by the Office of the Army Surgeon General [OTSG] or the Commander, Army Medical Command [MEDCOM], in response to Assistant Secretary of Defense (ASD) Health Affairs (HA) memorandum dated 17 January 2012, subject: Service Review of Mefloquine Prescribing Practices (http://truth-out.org/files/Mefloquine-QA-Memo-JAN-2012-(Signed).pdf)”. As this request seeks records produced directly by OTSG or MEDCOM, only OTSG/MEDCOM would have any “substantial interest” in these documents. As OTSG/MEDCOM has released this document to your office, clearly no further consultation with this office is necessary. Additionally, OTSG is located in the immediate vicinity of your office, and is clearly not “geographically separated” from your office.

For these reasons, I hereby request that your office immediately release the responsive document you have received from MEDCOM, as the statute clearly requires.

Please also note that should your agency not meet the statutory time requirement in responding to my request, the provisions of section 6 of the OPEN Government Act of 2007, Pub. L. No. 110-175, 121 Stat. 2524, shall apply, including the provision that "[a]n agency shall not assess search fees (or in the case of a requester described under clause (ii)(II) [of 5 USC § 552 (a)(4)(A) as described above], duplication fees) . . . if the agency fails to comply with any time limit… if no unusual or exceptional circumstances… apply to the processing of the request."

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

Sincerely,

Remington Nevin

From: MuckRock

Hello Mr. Gibbens,

Please find the below FOIA appeal, which has been sent to the OSD/JS FOIA office via mail.

Thank you for your help.

_____________________________

OSD/Joint Staff Freedom of Information Office
ATTN: Appeals Office
1155 Defense Pentagon
Washington, D.C. 20301-1155
Re: Freedom of Information Act Appeal, Case # 15-F-0215

This is an appeal under the Freedom of Information Act. I hereby appeal the unreasonable delay in your agency responding to my original request, in excess of 20 business days, on the grounds that the FOIA does not provide for a delay in releasing the requested information for the specific reasons articulated by your agency.

As described in your interim response of November 5, 2014, the U.S. Army Medical Command (MEDCOM) has referred one responsive document to your office for review and direct response to me. Your office is now claiming that on the basis of three “unusual circumstances”, your office has placed my request in your “complex processing queue”. This is neither necessary nor permitted by statute, given that you are in possession of a document responsive to my request that neither requires nor is entitled to any further delay in release.

Your office claims that one “unusual circumstance” justifying the unreasonable delay in your agency releaseing this document is the need to search for and collect records geographically separated from your office. This is not plausible given that the one responsive document forwarded to your office by MEDCOM is already in the possession of your office.

Your office further claims another “unusual circumstance” justifying the unreasonable delay in your agency releasing this document is the “potential volume of records responsive” to my request. This is clearly also not plausible given that only a single responsive document has been forwarded to your office by MEDCOM for your review prior to release.

Your office claims a final “unusual circumstance” justifying the unreasonable delay in your agency responding to my request is “the need for consultation with one or more other agencies or DoD components having a substantial interest in either the determination or the subject matter of these records”. This is also not plausible given that MEDCOM has already forwarded the responsive document to your office for direct response. As described in the original FOIA request, the requested information consists of “Copies of the formal review, and any attachments thereto, submitted by the Office of the Army Surgeon General [OTSG] or the Commander, Army Medical Command [MEDCOM], in response to Assistant Secretary of Defense (ASD) Health Affairs (HA) memorandum dated 17 January 2012, subject: Service Review of Mefloquine Prescribing Practices (http://truth-out.org/files/Mefloquine-QA-Memo-JAN-2012-(Signed).pdf)”. As this request seeks records produced directly by OTSG or MEDCOM, only OTSG/MEDCOM would have any “substantial interest” in these documents. As OTSG/MEDCOM has released this document to your office, clearly no further consultation with this office is necessary. Additionally, OTSG is located in the immediate vicinity of your office, and is clearly not “geographically separated” from your office.

For these reasons, I hereby request that your office immediately release the responsive document you have received from MEDCOM, as the statute clearly requires.

Please also note that should your agency not meet the statutory time requirement in responding to my request, the provisions of section 6 of the OPEN Government Act of 2007, Pub. L. No. 110-175, 121 Stat. 2524, shall apply, including the provision that "[a]n agency shall not assess search fees (or in the case of a requester described under clause (ii)(II) [of 5 USC § 552 (a)(4)(A) as described above], duplication fees) . . . if the agency fails to comply with any time limit… if no unusual or exceptional circumstances… apply to the processing of the request."

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

Sincerely,

Remington Nevin

From: Remington Nevin

Mr. Curtis Gibbens
OSD/Joint Staff Freedom of Information Office
ATTN: Appeals Office
1155 Defense Pentagon
Washington, D.C. 20301-1155
Re: Freedom of Information Act Appeal, Case # 15-F-0215
Email: curtis.a.gibbens.civ@mail.mil
Telephone: (571) 372-0412.

Mr. Gibbens,

Please acknowledge receipt of my appeal, submitted to your office November 6, 2014, and unacknowledged as of the present date.

Thank you in advance for your anticipated cooperation with this matter.

Sincerely,

Dr. Remington Nevin

From: U.S. Army Medical Command (MEDCOM)

A letter stating that the request appeal has been succesful.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 22, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #15-A-0215-A1.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 22, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #15-A-0215-A1.

Thank you for your help.

From: Gibbens, Curtis A CIV WHS ESD (US)

Dr. Nevin,

This email is in response to your request for an update on the processing of your Please know that our office processes all incoming FOIA requests on a first-in, first-out, basis. This means that your request was placed in a queue once it was received in our office. It also means it will be placed in a queue by the office that is tasked to search for responsive records. We already have initiated just such a search for responsive records, but the timing of the results to be provided to our office will depend on the place in the queue that your request was assigned. It is conceivable that all processing could be completed and the results provided to you at an early date, but it is also possible that more time will be required. In any case, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, we will send a formal letter to you.
As previously noted, our backlog of open requests is approximately 1554. Included among these open cases are requests which are less complex than others, such as your request. As the results for those less complex cases are provided to our office, we take those requests from that queue and complete our action on them, and then send them out to the requesters. This will be the way your request, too, will be handled.

We appreciate your patience and understanding in this matter.

Sincerely,

Curtis Gibbens
OSD/JS FOIA Office
571-372-0412

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 22, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #15-A-0215-A1.

Thank you for your help.

From: Gibbens, Curtis A CIV WHS ESD (US)

Dr. Nevin,

This email is in response to your request for an update on the processing of your Please know that our office processes all incoming FOIA requests on a first-in, first-out, basis. This means that your request was placed in a queue once it was received in our office. It also means it will be placed in a queue by the office that is tasked to search for responsive records. We already have initiated just such a search for responsive records, but the timing of the results to be provided to our office will depend on the place in the queue that your request was assigned. It is conceivable that all processing could be completed and the results provided to you at an early date, but it is also possible that more time will be required. In any case, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, we will send a formal letter to you.
As previously noted, our backlog of open requests is approximately 1554. Included among these open cases are requests which are less complex than others, such as your request. As the results for those less complex cases are provided to our office, we take those requests from that queue and complete our action on them, and then send them out to the requesters. This will be the way your request, too, will be handled.

We appreciate your patience and understanding in this matter.

Sincerely,

Curtis Gibbens, FOIA Analyst
for Adrienne M. Santos on behalf of
Stephanie L. Carr, Chief,
Chief, Freedom of Information Act Division
OSD/JS FOIA Requester Service Center

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 22, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #15-A-0215-A1.

Thank you for your help.

From: Gibbens, Curtis A CIV WHS ESD (US)

Dear Dr. Nevin,

This email is in response to your request for an update on the processing of your FOIA request, case number 15-F-0215. Please know that our office processes all incoming FOIA requests on a first-in, first-out, basis. This means that your request was placed in a queue once it was received in our office. It also means it will be placed in a queue by the office that is tasked to search for responsive records. We already have initiated just such a search for responsive records, but the timing of the results to be provided to our office will depend on the place in the queue that your request was assigned. It is conceivable that all processing could be completed and the results provided to you at an early date, but it is also possible that more time will be required. In any case, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, we will send a formal letter to you.

As previously noted, our backlog of open requests is approximately 1473. Included among these open cases are requests which are less complex than others, such as your request. As the results for those less complex cases are provided to our office, we take those requests from that queue and complete our action on them, and then send them out to the requesters. This will be the way your request, too, will be handled.

We appreciate your patience and understanding in this matter.

Sincerely,

Curtis Gibbens
OSD/JS FOIA Office
571-372-0412

From: Gibbens, Curtis A CIV WHS ESD (US)

Dear Dr. Nevin,

This email is in response to your request for an update on the processing of your FOIA request, case number 15-F-0215. Please know that our office processes all incoming FOIA requests on a first-in, first-out, basis. This means that your request was placed in a queue once it was received in our office. It also means it will be placed in a queue by the office that is tasked to search for responsive records. We already have initiated just such a search for responsive records, but the timing of the results to be provided to our office will depend on the place in the queue that your request was assigned. It is conceivable that all processing could be completed and the results provided to you at an early date, but it is also possible that more time will be required. In any case, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, we will send a formal letter to you.

As previously noted, our backlog of open requests is approximately 1473. Included among these open cases are requests which are less complex than others, such as your request. As the results for those less complex cases are provided to our office, we take those requests from that queue and complete our action on them, and then send them out to the requesters. This will be the way your request, too, will be handled.

We appreciate your patience and understanding in this matter.

Sincerely,

Curtis Gibbens
OSD/JS FOIA Office
571-372-0412

From: Gibbens, Curtis A CIV WHS ESD (US)

Dear Dr. Nevin,

This email is in response to your request for an update on the processing of your FOIA request, case number 15-F-0215. Please know that our office processes all incoming FOIA requests on a first-in, first-out, basis. This means that your request was placed in a queue once it was received in our office. It also means it will be placed in a queue by the office that is tasked to search for responsive records. We already have initiated just such a search for responsive records, but the timing of the results to be provided to our office will depend on the place in the queue that your request was assigned. It is conceivable that all processing could be completed and the results provided to you at an early date, but it is also possible that more time will be required. In any case, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, we will send a formal letter to you.

As previously noted, our backlog of open requests is approximately 1473. Included among these open cases are requests which are less complex than others, such as your request. As the results for those less complex cases are provided to our office, we take those requests from that queue and complete our action on them, and then send them out to the requesters. This will be the way your request, too, will be handled.

We appreciate your patience and understanding in this matter.

Sincerely,

Curtis Gibbens
OSD/JS FOIA Office
571-372-0412

From: Gibbens, Curtis A CIV WHS ESD (US)

Dear Dr. Nevin,

This email is in response to your request for an update on the processing of your FOIA request, case number 15-F-0215. Please know that our office processes all incoming FOIA requests on a first-in, first-out, basis. This means that your request was placed in a queue once it was received in our office. It also means it will be placed in a queue by the office that is tasked to search for responsive records. We already have initiated just such a search for responsive records, but the timing of the results to be provided to our office will depend on the place in the queue that your request was assigned. It is conceivable that all processing could be completed and the results provided to you at an early date, but it is also possible that more time will be required. In any case, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, we will send a formal letter to you.

As previously noted, our backlog of open requests is approximately 1473. Included among these open cases are requests which are less complex than others, such as your request. As the results for those less complex cases are provided to our office, we take those requests from that queue and complete our action on them, and then send them out to the requesters. This will be the way your request, too, will be handled.

We appreciate your patience and understanding in this matter.

Sincerely,

Curtis Gibbens
OSD/JS FOIA Office
571-372-0412

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 22, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #15-A-0215-A1.

Thank you for your help.

From: Gibbens, Curtis A CIV WHS ESD (US)

Dear Dr. Nevin,

This email is in response to your request for an update on the processing of your FOIA request, case number 15-F-0215 (please note that 15-A-0215-A1 appeal has been remanded and closed). Please know that our office processes all incoming FOIA requests on a first-in, first-out, basis. This means that your request was placed in a queue once it was received in our office. It also means it will be placed in a queue by the office that is tasked to search for responsive records. We already have initiated just such a search for responsive records, but the timing of the results to be provided to our office will depend on the place in the queue that your request was assigned. It is conceivable that all processing could be completed and the results provided to you at an early date, but it is also possible that more time will be required. In any case, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, we will send a formal letter to you.
As previously noted, we have a large backlog, our current administrative workload is 1496 open requests. Included among these open cases are requests which are less complex than others, such as your request. As the results for those less complex cases are provided to our office, we take those requests from that queue and complete our action on them, and then send them out to the requesters. This will be the way your request, too, will be handled.

We appreciate your patience and understanding in this matter.

Sincerely,

Curtis Gibbens, FOIA Analyst
for Adrienne M. Santos on behalf of
Stephanie L. Carr, Chief,
Freedom of Information Act Division
OSD/JS FOIA Requester Service Center

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 22, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #15-F-0215 ; 15-A-0215-A1.

Thanks for your help, and let me know if further clarification is needed.

From: Gibbens, Curtis A CIV WHS ESD (US)

Dear Dr. Nevin:

This email is in response to your request for an update on the processing of your FOIA request, case number 15-F-0215. Please know that our office processes all incoming FOIA requests on a first-in, first-out, basis. This means that your request was placed in a queue once it was received in our office. It also means it will be placed in a queue by the office that is tasked to search for responsive records. We already have initiated just such a search for responsive records, but the timing of the results to be provided to our office will depend on the place in the queue that your request was assigned. It is conceivable that all processing could be completed and the results provided to you at an early date, but it is also possible that more time will be required. In any case, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, we will send a formal letter to you.

We have a large backlog, our current administrative workload is 1,485 open requests. Included among these open cases are requests which are less complex than others, such as your request. As the results for those less complex cases are provided to our office, we take those requests from that queue and complete our action on them, and then send them out to the requesters. This will be the way your request, too, will be handled.

We appreciate your patience and understanding in this matter.

Sincerely,

Curtis Gibbens, FOIA Analyst
for Adrienne M. Santos on behalf of
Stephanie L. Carr, Chief,
Freedom of Information Act Division
OSD/JS FOIA Requester Service Center

From: Gibbens, Curtis A CIV WHS ESD (US)

Dear Dr. Nevin:

This email is in response to your request for an update on the processing of your FOIA request, case number 15-F-0215. Please know that our office processes all incoming FOIA requests on a first-in, first-out, basis. This means that your request was placed in a queue once it was received in our office. It also means it will be placed in a queue by the office that is tasked to search for responsive records. We already have initiated just such a search for responsive records, but the timing of the results to be provided to our office will depend on the place in the queue that your request was assigned. It is conceivable that all processing could be completed and the results provided to you at an early date, but it is also possible that more time will be required. In any case, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, we will send a formal letter to you.

We have a large backlog, our current administrative workload is 1,484 open requests. Included among these open cases are requests which are less complex than others, such as your request. As the results for those less complex cases are provided to our office, we take those requests from that queue and complete our action on them, and then send them out to the requesters. This will be the way your request, too, will be handled.

We appreciate your patience and understanding in this matter.

Sincerely,

Curtis Gibbens
OSD/JS FOIA Office
571-372-0412

From: Gibbens, Curtis A CIV WHS ESD (US)

Dear Dr. Nevin:

This email is in response to your request for an update on the processing of your FOIA request, case number 15-F-0215. Please know that our office processes all incoming FOIA requests on a first-in, first-out, basis. This means that your request was placed in a queue once it was received in our office. It also means it will be placed in a queue by the office that is tasked to search for responsive records. We already have initiated just such a search for responsive records, but the timing of the results to be provided to our office will depend on the place in the queue that your request was assigned. It is conceivable that all processing could be completed and the results provided to you at an early date, but it is also possible that more time will be required. In any case, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, we will send a formal letter to you.

We have a large backlog, our current administrative workload is 1,525 open requests. Included among these open cases are requests which are less complex than others, such as your request. As the results for those less complex cases are provided to our office, we take those requests from that queue and complete our action on them, and then send them out to the requesters. This will be the way your request, too, will be handled.

We appreciate your patience and understanding in this matter.

Sincerely,

Curtis Gibbens
OSD/JS FOIA Office
571-372-0412

From: Gibbens, Curtis A CIV WHS ESD (US)

Dear Dr. Nevin:

This email is in response to your request for an update on the processing of your FOIA request, case number 15-F-0215. Please know that our office processes all incoming FOIA requests on a first-in, first-out, basis. This means that your request was placed in a queue once it was received in our office. It also means it will be placed in a queue by the office that is tasked to search for responsive records. We already have initiated just such a search for responsive records, but the timing of the results to be provided to our office will depend on the place in the queue that your request was assigned. It is conceivable that all processing could be completed and the results provided to you at an early date, but it is also possible that more time will be required. In any case, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, we will send a formal letter to you.

In response to your request for an update for 15-A-0215-A1, this appeal was closed July 24, 2015.

We have a large backlog, our current administrative workload is 1,561 open requests. Included among these open cases are requests which are less complex than others, such as your request. As the results for those less complex cases are provided to our office, we take those requests from that queue and complete our action on them, and then send them out to the requesters. This will be the way your request, too, will be handled.

We appreciate your patience and understanding in this matter.

Sincerely,

Curtis Gibbens
OSD/JS FOIA Office
571-372-0412

From: Gibbens, Curtis A CIV WHS ESD (US)

Dear Dr. Nevin:

This email is in response to your request for an update on the processing of your FOIA request, case number 15-F-0215. Please know that our office processes all incoming FOIA requests on a first-in, first-out, basis. This means that your request was placed in a queue once it was received in our office. It also means it will be placed in a queue by the office that is tasked to search for responsive records. We already have initiated just such a search for responsive records, but the timing of the results to be provided to our office will depend on the place in the queue that your request was assigned. It is conceivable that all processing could be completed and the results provided to you at an early date, but it is also possible that more time will be required. In any case, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, we will send a formal letter to you.

In response to your request for an update for 15-A-0215-A1, this appeal was closed July 24, 2015.

We have a large backlog, our current administrative workload is 1,608 open requests. Included among these open cases are requests which are less complex than others, such as your request. As the results for those less complex cases are provided to our office, we take those requests from that queue and complete our action on them, and then send them out to the requesters. This will be the way your request, too, will be handled.

We appreciate your patience and understanding in this matter.

Sincerely,

Curtis Gibbens
OSD/JS FOIA Office
571-372-0412

From: Gibbens, Curtis A CIV WHS ESD (US)

Dear Dr. Nevin:

This email is in response to your request for an update on the processing of your FOIA request, case number 15-F-0215. Please know that our office processes all incoming FOIA requests on a first-in, first-out, basis. This means that your request was placed in a queue once it was received in our office. It also means it will be placed in a queue by the office that is tasked to search for responsive records. We already have initiated just such a search for responsive records, but the timing of the results to be provided to our office will depend on the place in the queue that your request was assigned. It is conceivable that all processing could be completed and the results provided to you at an early date, but it is also possible that more time will be required. In any case, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, we will send a formal letter to you.

In response to your request for an update for 15-A-0215-A1, this appeal was closed July 24, 2015.

We have a large backlog, our current administrative workload is 1,638 open requests. Included among these open cases are requests which are less complex than others, such as your request. As the results for those less complex cases are provided to our office, we take those requests from that queue and complete our action on them, and then send them out to the requesters. This will be the way your request, too, will be handled.

We appreciate your patience and understanding in this matter.

Sincerely,

Curtis Gibbens
OSD/JS FOIA Office
571-372-0412

From: Gibbens, Curtis A CIV WHS ESD (US)

Dear Dr. Nevin:

This email is in response to your request for an update on the processing of your FOIA request, case number 15-F-0215. Please know that our office processes all incoming FOIA requests on a first-in, first-out, basis. This means that your request was placed in a queue once it was received in our office. It also means it will be placed in a queue by the office that is tasked to search for responsive records. We already have initiated just such a search for responsive records, but the timing of the results to be provided to our office will depend on the place in the queue that your request was assigned. It is conceivable that all processing could be completed and the results provided to you at an early date, but it is also possible that more time will be required. In any case, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, we will send a formal letter to you.

In response to your request for an update for 15-A-0215-A1, this appeal was closed July 24, 2015.

We have a large backlog, our current administrative workload is 1,652 open requests. Included among these open cases are requests which are less complex than others, such as your request. As the results for those less complex cases are provided to our office, we take those requests from that queue and complete our action on them, and then send them out to the requesters. This will be the way your request, too, will be handled.

We appreciate your patience and understanding in this matter.

Sincerely,

Curtis Gibbens
OSD/JS FOIA Office
571-372-0412

From: Gibbens, Curtis A CIV WHS ESD (US)

Dear Dr. Nevin:

This email is in response to your request for an update on the processing of your FOIA request, case number 15-F-0215. Please know that our office processes all incoming FOIA requests on a first-in, first-out, basis. This means that your request was placed in a queue once it was received in our office. It also means it will be placed in a queue by the office that is tasked to search for responsive records. We already have initiated just such a search for responsive records, but the timing of the results to be provided to our office will depend on the place in the queue that your request was assigned. It is conceivable that all processing could be completed and the results provided to you at an early date, but it is also possible that more time will be required. In any case, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, we will send a formal letter to you.

In response to your request for an update for 15-A-0215-A1, this appeal was closed July 24, 2015.

We have a large backlog, our current administrative workload is 1,632 open requests. Included among these open cases are requests which are less complex than others, such as your request. As the results for those less complex cases are provided to our office, we take those requests from that queue and complete our action on them, and then send them out to the requesters. This will be the way your request, too, will be handled.

We appreciate your patience and understanding in this matter.

Sincerely,

Curtis Gibbens
OSD/JS FOIA Office
571-372-0412

From: Gibbens, Curtis A CIV WHS ESD (US)

Dear Dr. Nevin:

This email is in response to your request for an update on the processing of your FOIA request, case number 15-F-0215. Please know that our office processes all incoming FOIA requests on a first-in, first-out, basis. This means that your request was placed in a queue once it was received in our office. It also means it will be placed in a queue by the office that is tasked to search for responsive records. We already have initiated just such a search for responsive records, but the timing of the results to be provided to our office will depend on the place in the queue that your request was assigned. It is conceivable that all processing could be completed and the results provided to you at an early date, but it is also possible that more time will be required. In any case, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, we will send a formal letter to you.

In response to your request for an update for 15-A-0215-A1, this appeal was closed July 24, 2015.

We have a large backlog, our current administrative workload is 1,665 open requests. Included among these open cases are requests which are less complex than others, such as your request. As the results for those less complex cases are provided to our office, we take those requests from that queue and complete our action on them, and then send them out to the requesters. This will be the way your request, too, will be handled.

We appreciate your patience and understanding in this matter.

Sincerely,

Curtis Gibbens
OSD/JS FOIA Office
571-372-0412

From: Gibbens, Curtis A CIV WHS ESD (US)

Dear Dr. Nevin:

This email is in response to your request for an update on the processing of your FOIA request, case number 15-F-0215. Please know that our office processes all incoming FOIA requests on a first-in, first-out, basis. This means that your request was placed in a queue once it was received in our office. It also means it will be placed in a queue by the office that is tasked to search for responsive records. We already have initiated just such a search for responsive records, but the timing of the results to be provided to our office will depend on the place in the queue that your request was assigned. It is conceivable that all processing could be completed and the results provided to you at an early date, but it is also possible that more time will be required. In any case, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, we will send a formal letter to you.

In response to your request for an update for 15-A-0215-A1, this appeal was closed July 24, 2015.

We have a large backlog, our current administrative workload is 1,698 open requests. Included among these open cases are requests which are less complex than others, such as your request. As the results for those less complex cases are provided to our office, we take those requests from that queue and complete our action on them, and then send them out to the requesters. This will be the way your request, too, will be handled.

We appreciate your patience and understanding in this matter.

Sincerely,

Curtis Gibbens
OSD/JS FOIA Office
571-372-0412

From: Gerow, Corynne N CIV WHS ESD (US)

Good Afternoon, Dr. Nevin,

Thank you for your inquiry regarding FOIA request 15-F-0215, and appeal 15-A-0215-A1. My name is Corynne Gerow, and I am the new Action Officer managing these requests.

We are continuing to process 15-F-0215. Please note that our office manages all incoming FOIA requests in the order they are received, and our current administrative workload is approximately 1,900 cases. Because 15-F-0215 involves coordination with offices that have significant case backlogs, we cannot yet provide an estimate for the completion of your request. However, I will contact you with our best estimate as soon as it is available.

We have closed 15-A-0215-A1 and responded to you on July 24, 2015. Please notify me if you have not received this response.

We regret the delay in responding to your open request and thank you for your continued patience.

Sincerely,

Corynne N. Gerow
OSD/JS FOIA Specialist
571.372.0410

Department of Defense
Office of Freedom of Information
1155 Defense Pentagon
Washington, D.C. 20301-1155

........................................................................................................
Please note that the Office of Government Information Services (OGIS) offers services to requesters who have disputes with Federal agencies. If you have concerns about the processing of your request, please contact OGIS at:

Office of Government Information Services
National Archives and Records Administration
8601 Adelphi Road-OGIS
College Park, MD 20740
E-mail: ogis@nara.gov
Telephone: 202-741-5770
Fax: 202-741-5769
Toll-free: 1-877-684-6448

From: Gerow, Corynne N CIV WHS ESD (US)

Good Afternoon, Dr. Nevin,

Our office completed processing 15-A-0215-A1 and responded to you on July 24, 2015. Please notify me if you have not received this response.

Our office continues to process your FOIA request, 15-F-0215. Our best estimate for completion of your request is August 31, 2016.

We regret the delay in responding to your open request and thank you for your continued patience.

Sincerely,

Corynne N. Gerow
OSD/JS FOIA Specialist
571.372.0410

From: Gerow, Corynne N CIV WHS ESD (US)

Good Afternoon, Dr. Nevin,

Thank you for your inquiry regarding FOIA request 15-F-0215, and appeal 15-A-0215-A1.

Our office completed processing 15-A-0215-A1 and responded to you on July 24, 2015. Please notify me if you have not received this response.

Our office continues to process your FOIA request, 15-F-0215. Our best estimate for completion of your request is August 31, 2016.

We regret the delay in responding to your request, and appreciate your continued patience.

Sincerely,

Corynne N. Gerow
OSD/JS FOIA Specialist
571.372.0410

From: Gerow, Corynne N CIV WHS ESD (US)

Dr. Nevin,

Please find attached our final response to your Freedom of Information Act (FOIA) request, received from the U.S. Army Medical Command on October 27, 2014. If you have any questions, you may contact me, the action officer assigned your request, directly.

Thank You,
Corynne N. Gerow
OSD/JS FOIA Specialist
571.372.0410

........................................................................................................
Please note that the Office of Government Information Services (OGIS) offers services to requesters who have disputes with Federal agencies. If you have concerns about the processing of your request, please contact OGIS at:

Office of Government Information Services
National Archives and Records Administration
8601 Adelphi Road-OGIS
College Park, MD 20740
E-mail: ogis@nara.gov
Telephone: 202-741-5770
Fax: 202-741-5769
Toll-free: 1-877-684-6448

From: Remington Nevin

Dear OSD/JS FOIA Office,

I am in receipt of correspondence from your office dated August 24, 2016, in reference to FOIA 15-F-0215, in which your office states it has closed my request without providing responsive documents on the claimed basis that these documents had been provided to me by another office. This claim is incorrect, as I have not been provided these documents by MEDCOM, nor should I have been, as this request had been forwarded to your office by MEDCOM for direct response to me.

As can be verified at the public website Muckrock (https://www.muckrock.com/foi/united-states-of-america-10/army-review-of-mefloquine-prescribing-practices-13520/), I originally submitted my request for "Copies of the formal review, and any attachments thereto, submitted by the Office of the Army Surgeon General or the Commander, Army Medical Command, in response to Assistant Secretary of Defense (ASD) Health Affairs (HA) memorandum dated 17 January 2012, subject: Service Review of Mefloquine Prescribing Practices" to the U.S. Army Medical Command on September 22, 2014. In response dated October 24, 2014, John Peterson, Chief, Freedom of Information/Privacy Act Office, U.S. Army MEDCOM stated that "a review by ASD(HA) of the AMEDD response is required", and forwarded my request directly to your office.

Your office acknowledged this forwarding in a message to me, sent by Curtis Gibbens, OSD/JS FOIA Office, dated November 5, 2014, in which he assigned my request case number 15-F-0215 and noted that MEDCOM had "referred one responsive document to this office for review and direct response to you."

As this response emphasized that I would be receiving a "direct response" from OSD/JS, I have continued to communicate with your office regularly seeking updates as to the status of this request. Although you claim — incorrectly — that MEDCOM provided me with this document on April 9, 2015, your office has also claimed, in seven separate pieces of correspondence dated between April 2015 and August 2016, that it continued to process this request — presumably while it undertook the required OSD/JS level review. Your response therefore would suggest either that MEDCOM acted unilaterally in releasing a document to me that your office had not cleared (which seems unlikely), or that your office had in fact cleared the document for release in April 2015 as implied by MEDCOM's release, and your office has been providing me with inaccurate information regarding its status for over 16 months.

As your office is clearly in possession of the responsive document, and as your office has previously stated its responsibility for sending me the responsive document (i.e. "direct response to you"), I would appreciate it if you would kindly comply with the statutory requirements of the FOIA by providing me with the responsive document directly at your earliest convenience.

Sincerely,

Dr. Remington Nevin

From: Gerow, Corynne N CIV WHS ESD (US)

Good Afternoon, Dr. Nevin,

This is in further response to your attached Freedom of Information Act (FOIA) request, OSD FOIA #15-F-0215. This case involved one document provided to our office by the U.S. Army Medical Command (MEDCOM). MEDCOM recently informed us that they previously released this record to you. However, your email below indicates that you were not provided the responsive document by MEDCOM.

Attached, please find a copy of MEDCOM's release. As I mentioned over the phone, we omitted this from our response in order to avoid redundancy, believing that you already were in receipt of this record.

Please contact me if you have any further questions about 15-F-0215. Thank you, again, for your patience in this matter.

Sincerely,
Corynne N. Gerow
OSD/JS FOIA Specialist
571.372.0410

........................................................................................................
Please note that the Office of Government Information Services (OGIS) offers services to requesters who have disputes with Federal agencies. If you have concerns about the processing of your request, please contact OGIS at:

Office of Government Information Services
National Archives and Records Administration
8601 Adelphi Road-OGIS
College Park, MD 20740
E-mail: ogis@nara.gov
Telephone: 202-741-5770
Fax: 202-741-5769
Toll-free: 1-877-684-6448

From: Remington Nevin

Dear OSD/JS FOIA office,

Thank you very much for providing me with the documents responsive to this request. I consider request 15-F-0215 and any associated appeals closed, and I again thank you and appreciate your assistance.

Sincerely,

Dr. Remington Nevin

Files

pages

Close