|Submitted||Nov. 26, 2014|
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To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
A clearly legible copy of the Navy Bureau of Medicine and Surgery (BUMED) letter (ltr) "Navy Review of Mefloquine Prescribing Practices", dated 9 Mar 12, and identified by the code "BUMED ltr 6300 Ser/M3B2/E12UGEN001444c".
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.
Dr. Remington Nevin
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 26, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
Office of the Judge Advocate General
NJAG Code 14
1322 Patterson Avenue, SE, Suite 3000
Building 33, Washington Navy Yard
Washington, DC 20374-5066
Re: FOIA Request dated November 26, 2014 for a copy of BUMED Letter 6300 Ser/M3B2/E12UGEN001444c
This is an appeal under the Freedom of Information Act. I am writing to appeal the constructive denial of a request properly made to the U.S. Navy Bureau of Medicine and Surgery on November 26, 2014 and formally unacknowledged as of this date.
The Freedom of Information Act provides an agency no more than thirty days to respond to a request . When an agency fails to respond within that statutory timeline, it has constructively denied the request. (See Oglesby v. U.S. Dep't of Army, 920 F.2d 57, 65 (D.C. Cir. 1990) (“Congress adopted the time limit provision in the FOIA in order to ‘contribute to the fuller and faster release of information, which is the basic objective of the Act.’” (quoting H.R. Rep. No. 93-876, 93d Cong., 2d Sess., reprinted (1974) U.S. Code Cong. & Ad. News 6267 at 6271))).
As may be confirmed at the public website MuckRock (https://www.muckrock.com/foi/united-states-of-america-10/copy-of-bumed-letter-6300-serm3b2e12ugen001444c-14352/), a FOIA request for “[a] clearly legible copy of the Navy Bureau of Medicine and Surgery (BUMED) letter (ltr) ‘Navy Review of Mefloquine Prescribing Practices’, dated 9 Mar 12, and identified by the code ‘BUMED ltr 6300 Ser/M3B2/E12UGEN001444c’”, was submitted to the FOIA representative at the U.S. Navy Bureau of Medicine and Surgery at the following address on November 26, 2014:
Bureau of Medicine and Surgery
Medical-Legal Affairs Office
7700 Arlington Blvd Ste 5124
Falls Church, VA 22042-5124
A follow-up message requesting acknowledgement was sent January 6, 2015, but despite this, no acknowledgement or replies have been forthcoming.
As your agency has not met 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."
I thank you in advance for your anticipated cooperation with this matter, and I look forward to receiving a response to my original request no later than February 28, 2015.
Dr. Remington Nevin
A letter stating that the request appeal has been received and is being processed.
A letter stating that the request appeal has been succesful.
A copy of documents responsive to the request.
A cover letter granting the request and outlining any exempted materials, if any.