Beginning and ends of 10 recent audits (AAA)

United States Army Audit Agency
Attn: Freedom of Information Officer
3101 Park Center Drive, Suite 1315B
Alexandria, VA 22302
Fax: 703-681-3308
Email: AAA_FOIA@conus.army.mil

To Whom It May Concern:

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

The first five pages and the last five pages of the following ten audits:

A-2010-0059-ALO
DOD Support to the 2009
Presidential Inaugural 1-Mar-10

A-2010-0060-ALA
Pricing and Funding
Security Assistance to Iraq
and Afghanistan, U.S. Army
Security Assistance
Command 3-Mar-10

A-2010-0118-FFF
Followup Audit of the Use of
Role-Players for Training at
Combat Training Centers 21-Jun-10

A-2010-0119-ALL
Audit of U.S. Equipment
Transfer to Iraq
2010

A-2010-0121-ALO
Real Property Sustainment,
Restoration, and
Modernization 25-Jun-10

A-2010-0135-ALL
Audit of Contracting
Operations, Joint
Contracting Command -
Iraq/Afghanistan, Kandahar
Regional Contracting
Center, Afghanistan 12-Jul-10

A-2010-0142-ZBI
Management of
Communications Security
Materials, 66th Military
Intelligence Brigade 22-Jul-10

A-2010-0147-ALM
Army Management of Non-
Army Managed Items 2-Aug-10

A-2010-0154-ZBI
Management of Funds -
Site A 3-Aug-10

A-2010-0155-ALI
Excess, Vacant, and Not
Utilized Facilities and Land,
Army National Guard 5-Aug-10

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,

Jason Smathers
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Daytime: (617) 299-1832
For mailed responses, please address:
MuckRock
185 Beacon St. #3
Somerville, MA 02143

Hello,

This request was submitted in 2010, and according to our records was never completed. Please advise?

Thank you.

Hello,

This request was submitted in 2010, and according to our records was never completed. Please advise?

Thank you.

Hello,

This request was submitted in 2010, and according to our records was never completed. Please advise?

Thank you.

Hello,

The request below was submitted in 2010, and according to our records was never completed. Please advise?

Thank you.

About three years have passed since submitting this request and I have not received even an acknowledgement. Please provide me an estimated date of completion for this request.

Concerning this request, I agree to fees up to $12 billed under the "other" requester fee category. If fees are expected to exceed this amount, please let me know so that I can either adjust my willingness to pay fees or attempt to narrow the scope of this request.

I understand your concern over my several requests in a single day. However, I think we can agree that any reasonable review of these requests will find a sweeping range in topics. Each request is on s separate subject and are linked only by being submitted to your office on the same day. There was no attempt to avoid fees in the separation of requests into multiple requests. Rather, a unique request was made for each unique subject matter. Further, I think you are aware that the FOIA does not allow for a request to be denied based on the mere fact that you believe multiple requests are on the same subject and require consolidation. If for some reason you will not process my requests individually and insist on consolidation, please provide notice that you are doing so along with appeal rights and details so that I can escalate this matter.

Thank you very much for your reconsideration. I hope we are able to settle this matter without escalate.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 28, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 28, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

Hello,

The follow-up submitted on Dec. 9 2013 was never acknowledged. Please see below and advise on the status of this request.

Thank you.

To:
US Army Audit Agency
Attn: FOIA Officer
Building 1464
6000 Sixth Street
Ft. Belvoir, VA 22060

Copy to:
Office of the General Counsel
104 Army Pentagon, RM 3C546
Washington, DC 20310-0104

Dear Appeals Authority:

This is an appeal under the Freedom of Information Act concerning a FOIA request sent to the Army Audit Agency.

On November 28, 2010 I requested " The first five pages and the last five pages of the following ten audits: A-2010-0059-ALO, A-2010-0060-ALA, A-2010-0118-FFF, A-2010-0119-ALL, A-2010-0121-ALO, A-2010-0135-ALL, A-2010-0142-ZBI, A-2010-0147-ALM, A-2010-0154-ZBI, A-2010-0155-ALI."

To date, I have not gotten any specific communication back from the Army Audit Agency with the exemption of a December 2, 2013 letter stating that the Army Audit Agency was not going to process any of my FOIA requests at this time because I made multiple requests at the same time and I did not state a willingness to pay fees. I promptly responded to this letter, but am still waiting to hear from them three months later. I did ask if a fee waiver is appropriate and asked to be notified if fees are required so I could have the opportunity to agree to those fees or narrow the scope of my request if needed. I also stated a willingness to pay fees in my followup email.

I assume it is plainly evident that some new FOIA requests made in October of 2013 should not give reason to cancel a FOIA request made in November of 2010.

This December 2, 2013 letter stating that they will not process any of my FOIA requests is the first communication I have received from the Army Audit Agency that could possibly be construed to apply to my November 28, 2010 request.

In the case of this request I have sent the following unanswered communication to the Army Audit Agency:
11/28/2010: Initial request
8/28/2013: Status update request (returned as undeliverable)
9/25/2013: Status update request
10/18/2013: Status update request
10/22/2013: Status update request
11/25/2013: Status update request
12/9/2013: Response to letter stating none of my requests are being processed
1/8/2014: Status update request
2/7/2014: Status update request
2/12/2014: Status update request

Of these ten attempts on my part to request these records and to follow up on that request, I have received no tracking number for this FOIA request and have received no specific acknowledgement of my request other than a letter approximately three years after my request that stated none of my FOIA requests are being processed.

I also sent an email on 2/6/14 to usarmy.pentagon.hqda.-dcs-g-1.mbx.FOIA-Liaison@mail.mil which was listed as an Army FOIA Public Liaison online in hopes of finding a resolution to several FOIA requests which have been ignored by the Army Audit Agency. However, that email sent one month ago has also not been answered.

To date, the AAA has not provided me with details on how to appeal their adverse determination. I am sending this appeal to the Army General Counsel as I understand they are responsible for appeals at other Army components and I am sending a copy to the initial denial authority in hopes that between the two, this appeal reaches the proper authority and is considered.

I appeal the following:
1) The failure to acknowledge this request.
2) The failure to assign this request a tracking number.
3) The failure to provide an estimated date of completion as required by statue when requested.
4) The refusal to accept my FOIA request for whatever reason(s) they may have had.
5) The determination that I have made multiple requests on the same subject to avoid paying fees. Thus I request that you instruct the AAA to treat separate requests separately. Note that we are discussing requests submitted years apart from each other.
6) The refusal of the Army Audit Agency to provide proper details for appealing adverse determinations made by the initial denial authority.

For the reasons herein and for all other reasons deemed appropriate by the appeals authority, I hereby appeal.

Regards,
Jason Smathers

Please find the request for assistance attached and confirm its receipt.
Sincerely,

Dear Sirs,

The following appeal was sent to the Army Audit Agency on March 10, 2014. However, it has not been acknowledged as of this time. This concerns a FOIA request sent in 2010 that has not even been acknowledged and every request for a status update in those years has also been ignored. I have several FOIA requests send to the AAA FOIA office with the same problem. Please assign a FOIA tracking number to my request and appeal, acknowledge receipt, and provide me the current status of the request. Thank you!

A copy of my 3/10/14 appeal follows. This request is provided as an example and is typical of several other FOIA requests made to the AAA. I am hoping bringing attention to this one example will save the wider problem.

Regards,
Jason Smathers

To:
US Army Audit Agency
Attn: FOIA Officer
Building 1464
6000 Sixth Street
Ft. Belvoir, VA 22060

Copy to:
Office of the General Counsel
104 Army Pentagon, RM 3C546
Washington, DC 20310-0104

Dear Appeals Authority:

This is an appeal under the Freedom of Information Act concerning a FOIA request sent to the Army Audit Agency.

On November 28, 2010 I requested " The first five pages and the last five pages of the following ten audits: A-2010-0059-ALO, A-2010-0060-ALA, A-2010-0118-FFF, A-2010-0119-ALL, A-2010-0121-ALO, A-2010-0135-ALL, A-2010-0142-ZBI, A-2010-0147-ALM, A-2010-0154-ZBI, A-2010-0155-ALI."

To date, I have not gotten any specific communication back from the Army Audit Agency with the exemption of a December 2, 2013 letter stating that the Army Audit Agency was not going to process any of my FOIA requests at this time because I made multiple requests at the same time and I did not state a willingness to pay fees. I promptly responded to this letter, but am still waiting to hear from them three months later. I did ask if a fee waiver is appropriate and asked to be notified if fees are required so I could have the opportunity to agree to those fees or narrow the scope of my request if needed. I also stated a willingness to pay fees in my followup email.

I assume it is plainly evident that some new FOIA requests made in October of 2013 should not give reason to cancel a FOIA request made in November of 2010.

This December 2, 2013 letter stating that they will not process any of my FOIA requests is the first communication I have received from the Army Audit Agency that could possibly be construed to apply to my November 28, 2010 request.

In the case of this request I have sent the following unanswered communication to the Army Audit Agency:
11/28/2010: Initial request
8/28/2013: Status update request (returned as undeliverable)
9/25/2013: Status update request
10/18/2013: Status update request
10/22/2013: Status update request
11/25/2013: Status update request
12/9/2013: Response to letter stating none of my requests are being processed
1/8/2014: Status update request
2/7/2014: Status update request
2/12/2014: Status update request

Of these ten attempts on my part to request these records and to follow up on that request, I have received no tracking number for this FOIA request and have received no specific acknowledgement of my request other than a letter approximately three years after my request that stated none of my FOIA requests are being processed.

I also sent an email on 2/6/14 to usarmy.pentagon.hqda.-dcs-g-1.mbx.FOIA-Liaison@mail.mil which was listed as an Army FOIA Public Liaison online in hopes of finding a resolution to several FOIA requests which have been ignored by the Army Audit Agency. However, that email sent one month ago has also not been answered.

To date, the AAA has not provided me with details on how to appeal their adverse determination. I am sending this appeal to the Army General Counsel as I understand they are responsible for appeals at other Army components and I am sending a copy to the initial denial authority in hopes that between the two, this appeal reaches the proper authority and is considered.

I appeal the following:
1) The failure to acknowledge this request.
2) The failure to assign this request a tracking number.
3) The failure to provide an estimated date of completion as required by statue when requested.
4) The refusal to accept my FOIA request for whatever reason(s) they may have had.
5) The determination that I have made multiple requests on the same subject to avoid paying fees. Thus I request that you instruct the AAA to treat separate requests separately. Note that we are discussing requests submitted years apart from each other.
6) The refusal of the Army Audit Agency to provide proper details for appealing adverse determinations made by the initial denial authority.

For the reasons herein and for all other reasons deemed appropriate by the appeals authority, I hereby appeal.

Regards,
Jason Smathers

Dear OGIS,

Will you please confirm receipt of my request for assistance concerning several FOIA requests sent to the Army Audit Agency. My letter was dated June 30th, and it was emailed on July 16th. Please let me know if you need any additional information.

Thank you.

Regards,
Jason Smathers

Dear Sirs,

The following appeal was sent to the Army Audit Agency on March 10, 2014. However, it has not been acknowledged as of this time. This concerns a FOIA request sent in 2010 that has not even been acknowledged and every request for a status update in those years has also been ignored. I have several FOIA requests send to the AAA FOIA office with the same problem. Please assign a FOIA tracking number to my request and appeal, acknowledge receipt, and provide me the current status of the request. Thank you!

A copy of my 3/10/14 appeal follows. This request is provided as an example and is typical of several other FOIA requests made to the AAA. I am hoping bringing attention to this one example will save the wider problem.

Regards,
Jason Smathers

To:
US Army Audit Agency
Attn: FOIA Officer
Building 1464
6000 Sixth Street
Ft. Belvoir, VA 22060

Copy to:
Office of the General Counsel
104 Army Pentagon, RM 3C546
Washington, DC 20310-0104

Dear Appeals Authority:

This is an appeal under the Freedom of Information Act concerning a FOIA request sent to the Army Audit Agency.

On November 28, 2010 I requested " The first five pages and the last five pages of the following ten audits: A-2010-0059-ALO, A-2010-0060-ALA, A-2010-0118-FFF, A-2010-0119-ALL, A-2010-0121-ALO, A-2010-0135-ALL, A-2010-0142-ZBI, A-2010-0147-ALM, A-2010-0154-ZBI, A-2010-0155-ALI."

To date, I have not gotten any specific communication back from the Army Audit Agency with the exemption of a December 2, 2013 letter stating that the Army Audit Agency was not going to process any of my FOIA requests at this time because I made multiple requests at the same time and I did not state a willingness to pay fees. I promptly responded to this letter, but am still waiting to hear from them three months later. I did ask if a fee waiver is appropriate and asked to be notified if fees are required so I could have the opportunity to agree to those fees or narrow the scope of my request if needed. I also stated a willingness to pay fees in my followup email.

I assume it is plainly evident that some new FOIA requests made in October of 2013 should not give reason to cancel a FOIA request made in November of 2010.

This December 2, 2013 letter stating that they will not process any of my FOIA requests is the first communication I have received from the Army Audit Agency that could possibly be construed to apply to my November 28, 2010 request.

In the case of this request I have sent the following unanswered communication to the Army Audit Agency:
11/28/2010: Initial request
8/28/2013: Status update request (returned as undeliverable)
9/25/2013: Status update request
10/18/2013: Status update request
10/22/2013: Status update request
11/25/2013: Status update request
12/9/2013: Response to letter stating none of my requests are being processed
1/8/2014: Status update request
2/7/2014: Status update request
2/12/2014: Status update request

Of these ten attempts on my part to request these records and to follow up on that request, I have received no tracking number for this FOIA request and have received no specific acknowledgement of my request other than a letter approximately three years after my request that stated none of my FOIA requests are being processed.

I also sent an email on 2/6/14 to usarmy.pentagon.hqda.-dcs-g-1.mbx.FOIA-Liaison@mail.mil which was listed as an Army FOIA Public Liaison online in hopes of finding a resolution to several FOIA requests which have been ignored by the Army Audit Agency. However, that email sent one month ago has also not been answered.

To date, the AAA has not provided me with details on how to appeal their adverse determination. I am sending this appeal to the Army General Counsel as I understand they are responsible for appeals at other Army components and I am sending a copy to the initial denial authority in hopes that between the two, this appeal reaches the proper authority and is considered.

I appeal the following:
1) The failure to acknowledge this request.
2) The failure to assign this request a tracking number.
3) The failure to provide an estimated date of completion as required by statue when requested.
4) The refusal to accept my FOIA request for whatever reason(s) they may have had.
5) The determination that I have made multiple requests on the same subject to avoid paying fees. Thus I request that you instruct the AAA to treat separate requests separately. Note that we are discussing requests submitted years apart from each other.
6) The refusal of the Army Audit Agency to provide proper details for appealing adverse determinations made by the initial denial authority.

For the reasons herein and for all other reasons deemed appropriate by the appeals authority, I hereby appeal.

Regards,
Jason Smathers

Hello Ms. McGuire,

Thank you for your message. I'm reattaching the aforementioned message.

Thanks again!

Dear Sirs,

The following appeal was sent to the Army Audit Agency on March 10, 2014. However, it has not been acknowledged as of this time. This concerns a FOIA request sent in 2010 that has not even been acknowledged and every request for a status update in those years has also been ignored. I have several FOIA requests send to the AAA FOIA office with the same problem. Please assign a FOIA tracking number to my request and appeal, acknowledge receipt, and provide me the current status of the request. Thank you!

A copy of my 3/10/14 appeal follows. This request is provided as an example and is typical of several other FOIA requests made to the AAA. I am hoping bringing attention to this one example will save the wider problem.

Regards,
Jason Smathers

To:
US Army Audit Agency
Attn: FOIA Officer
Building 1464
6000 Sixth Street
Ft. Belvoir, VA 22060

Copy to:
Office of the General Counsel
104 Army Pentagon, RM 3C546
Washington, DC 20310-0104

Dear Appeals Authority:

This is an appeal under the Freedom of Information Act concerning a FOIA request sent to the Army Audit Agency.

On November 28, 2010 I requested " The first five pages and the last five pages of the following ten audits: A-2010-0059-ALO, A-2010-0060-ALA, A-2010-0118-FFF, A-2010-0119-ALL, A-2010-0121-ALO, A-2010-0135-ALL, A-2010-0142-ZBI, A-2010-0147-ALM, A-2010-0154-ZBI, A-2010-0155-ALI."

To date, I have not gotten any specific communication back from the Army Audit Agency with the exemption of a December 2, 2013 letter stating that the Army Audit Agency was not going to process any of my FOIA requests at this time because I made multiple requests at the same time and I did not state a willingness to pay fees. I promptly responded to this letter, but am still waiting to hear from them three months later. I did ask if a fee waiver is appropriate and asked to be notified if fees are required so I could have the opportunity to agree to those fees or narrow the scope of my request if needed. I also stated a willingness to pay fees in my followup email.

I assume it is plainly evident that some new FOIA requests made in October of 2013 should not give reason to cancel a FOIA request made in November of 2010.

This December 2, 2013 letter stating that they will not process any of my FOIA requests is the first communication I have received from the Army Audit Agency that could possibly be construed to apply to my November 28, 2010 request.

In the case of this request I have sent the following unanswered communication to the Army Audit Agency:
11/28/2010: Initial request
8/28/2013: Status update request (returned as undeliverable)
9/25/2013: Status update request
10/18/2013: Status update request
10/22/2013: Status update request
11/25/2013: Status update request
12/9/2013: Response to letter stating none of my requests are being processed
1/8/2014: Status update request
2/7/2014: Status update request
2/12/2014: Status update request

Of these ten attempts on my part to request these records and to follow up on that request, I have received no tracking number for this FOIA request and have received no specific acknowledgement of my request other than a letter approximately three years after my request that stated none of my FOIA requests are being processed.

I also sent an email on 2/6/14 to usarmy.pentagon.hqda.-dcs-g-1.mbx.FOIA-Liaison@mail.mil which was listed as an Army FOIA Public Liaison online in hopes of finding a resolution to several FOIA requests which have been ignored by the Army Audit Agency. However, that email sent one month ago has also not been answered.

To date, the AAA has not provided me with details on how to appeal their adverse determination. I am sending this appeal to the Army General Counsel as I understand they are responsible for appeals at other Army components and I am sending a copy to the initial denial authority in hopes that between the two, this appeal reaches the proper authority and is considered.

I appeal the following:
1) The failure to acknowledge this request.
2) The failure to assign this request a tracking number.
3) The failure to provide an estimated date of completion as required by statue when requested.
4) The refusal to accept my FOIA request for whatever reason(s) they may have had.
5) The determination that I have made multiple requests on the same subject to avoid paying fees. Thus I request that you instruct the AAA to treat separate requests separately. Note that we are discussing requests submitted years apart from each other.
6) The refusal of the Army Audit Agency to provide proper details for appealing adverse determinations made by the initial denial authority.

For the reasons herein and for all other reasons deemed appropriate by the appeals authority, I hereby appeal.

Regards,
Jason Smathers

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 28, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #201400815.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 28, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #201400815.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 28, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #201400815.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 28, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #201400815.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 28, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #201400815.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 28, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #201400815.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 28, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #201400815.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 28, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #201400815 ; Appeal 1504138325.

Thank you for your help.

Upon appeal, the US Army general counsel has rule that your determination that my request was not perfected was inappropriate and has remanded my request back to your office. Please immediately provide me with a tracking number and an estimated date of completion, then promptly thereafter provide the records requested.

Thank you.

Regards,
Jason Smathers

Original request:

United States Army Audit Agency
Attn: Freedom of Information Officer
3101 Park Center Drive, Suite 1315B
Alexandria, VA 22302
Fax: 703-681-3308
Email: AAA_FOIA@conus.army.mil

To Whom It May Concern:

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

The first five pages and the last five pages of the following ten audits:

A-2010-0059-ALO
DOD Support to the 2009
Presidential Inaugural 1-Mar-10

A-2010-0060-ALA
Pricing and Funding
Security Assistance to Iraq
and Afghanistan, U.S. Army
Security Assistance
Command 3-Mar-10

A-2010-0118-FFF
Followup Audit of the Use of
Role-Players for Training at
Combat Training Centers 21-Jun-10

A-2010-0119-ALL
Audit of U.S. Equipment
Transfer to Iraq
2010

A-2010-0121-ALO
Real Property Sustainment,
Restoration, and
Modernization 25-Jun-10

A-2010-0135-ALL
Audit of Contracting
Operations, Joint
Contracting Command -
Iraq/Afghanistan, Kandahar
Regional Contracting
Center, Afghanistan 12-Jul-10

A-2010-0142-ZBI
Management of
Communications Security
Materials, 66th Military
Intelligence Brigade 22-Jul-10

A-2010-0147-ALM
Army Management of Non-
Army Managed Items 2-Aug-10

A-2010-0154-ZBI
Management of Funds -
Site A 3-Aug-10

A-2010-0155-ALI
Excess, Vacant, and Not
Utilized Facilities and Land,
Army National Guard 5-Aug-10

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,

Jason Smathers
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Daytime: (617) 299-1832
For mailed responses, please address:
MuckRock
185 Beacon St. #3
Somerville, MA 02143

(Note that in follow up, I agreed to fees up to $12)

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 28, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #201400815 ; Appeal 1504138325.

Thank you for your help.

Department of the Army
Office of The General Counsel
104 Army Pentagon
Washington, DC 20310-0104

August 20, 2015

Re: FOIA Remand 2015-03

To Whom it May Concern:

This is an appeal under the Freedom of Information Act.

By way of letter dated August 13, 2015 the Army Audit Agency (AAA) informed me that I was determined to be in the "all other" fee category for this request and they are requiring a fee to be paid for 1 hour of professional labor for "other/coordination/denial" along with 15 cents per page for 100 pages of responsive records.

This request was first submitted on October 22, 2013. At that time AAA refused to process the request and I appealed. Although the US Army General Counsel granted my appeal and remanded the case back to AAA, the AAA continues to find illegal means to constructively deny the request twenty months after it was filed.

I therefore appeal the constructive denial through illegal fees because "other/coordination/denial" is not a valid item to bill an "all other" requester, nor is it legitimate to bill for the first 100 pages of duplication for an "all other" requester's responsive records. Further, even if such fees were otherwise allowable, the AAA has failed to meet a statutory deadline and under the 2007 amendments to the FOIA, their ability to charge fees is further limited.

Regards,
Jason Smathers

To Whom It May Concern:

The appeal copied below was returned without reason. Please confirm its receipt and provide any additional appropriate appeal regulations.

Thank you.

_____________________

Department of the Army
Office of The General Counsel
104 Army Pentagon
Washington, DC 20310-0104

August 20, 2015

Re: FOIA Remand 2015-03

To Whom it May Concern:

This is an appeal under the Freedom of Information Act.

By way of letter dated August 13, 2015 the Army Audit Agency (AAA) informed me that I was determined to be in the "all other" fee category for this request and they are requiring a fee to be paid for 1 hour of professional labor for "other/coordination/denial" along with 15 cents per page for 100 pages of responsive records.

This request was first submitted on October 22, 2013. At that time AAA refused to process the request and I appealed. Although the US Army General Counsel granted my appeal and remanded the case back to AAA, the AAA continues to find illegal means to constructively deny the request twenty months after it was filed.

I therefore appeal the constructive denial through illegal fees because "other/coordination/denial" is not a valid item to bill an "all other" requester, nor is it legitimate to bill for the first 100 pages of duplication for an "all other" requester's responsive records. Further, even if such fees were otherwise allowable, the AAA has failed to meet a statutory deadline and under the 2007 amendments to the FOIA, their ability to charge fees is further limited.

Regards,
Jason Smathers

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 28, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #201400815 ; Appeal 1504138325.

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

This is an appeal under the Freedom of Information Act concerning FOIA Remand 2015-03. On 11/28/2010 I requested "the first five pages and the last five pages of the following ten audits" then listed ten specific audits. On August 13, 2015 fees in the amount of $59 were requested for duplication and "OTHER/COORDINATION/DENIAL" I appealed these illegal fees and received a revised statement requesting $44 in fees for searching dated 9/25/2015. The Freedom of Information Act does not allow search fees to "other" requester when a statutory time limit is not met. In the case of this request, the statutory time limit was exceeded nearly 5 years ago.

In the alternative, I appeal the actual calculation of search time. I find it suspicious that the time was first labeled as "OTHER/COORDINATION/DENIAL" then only changed to search after an appeal is filed. Further, the attitude of the Army Audit Agency toward all FOIA requests (which surely is seen the appeal records of this very case) clearly shows that the AAA is accustomed to arbitrary and capricious treatment of FOIA requests and their statements should be given additional scrutiny. The records requested were pages from 10 recently completed audits. These final products from the AAA should have been readily at hand. If they were harder to access because they waited five years to complete the search, the additional search time should be the burden of the agency, not the requester.

For these reasons and all others deemed appropriate by the appeals authority, I appeal the $44 fee for searching and request the immediate release of the records which should have been released nearly 5 years ago.

Hello Ms. Greiner-Lee,

Thank you very much for your note and the additional copy of the fee waiver denial. However, I'm hoping you can provide further clarification. This request, initially submitted in 2010, was for the first and last five pages of particular reports. Those materials were never received. Is my understanding that the fee waiver was denied and a $44 fee levied but unpaid correct?

Thanks so much,
Beryl, MuckRock