DCII records on Timothy McVeigh (OSD)

Jason Smathers filed this request with the Department of Defense, Office of the Secretary of Defense of the United States of America.
Submitted April 13, 2012
Est. Completion None
Status
Withdrawn

Communications

From: Jason Smathers

Subject: None

None

To Whom It May Concern:

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

All records in DCII (DEFENSE CENTRAL INDEX of INVESTIGATIONS) for Timothy McVeigh, who was born April 23, 1968 and died June 11, 2001. DCII can be located here: https://dcii.dmdc.osd.mil and is managed by the Defense Manpower Data Center (DMDC).

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

From: "Graves, Aaron CIV WHS/ESD" <aaron.graves@whs.mil>

Subject: None

None

Mr. Smathers,

Please note that this office only has "general access" to the DCII and
we can only access that general information by using the social security
number (SSN) of the individual in question. Further, those records to
which the DCII may point, are held in a Privacy Act system of records.
Therefore, the request must be made in writing, and include the SSN.
However, please note that the physical records will be held by the
investigating authority (i.e. the FBI, DSS, Army, etc.). You would need
to submit your request directly to those agencies that you believe would
have such records. Again, this office does not possess or have access to
those records.
Please also remember that as a 'third party requester', the amount of
information released will be limited, if not denied in its entirety.
Please feel free to contact me directly with any questions you may have
regarding this response.

V/r,

Aaron Graves
OSD/JS FOIA Team Chief
(703) 696-3190

From: Jason Smathers

Subject: None

None

Aaron Graves,

You responded to my initial request stating that you could only search DCII by social security number. Please either continue my previous request or open a new one. At that time I did not have access to Timothy McVeigh's social security number. However, it has become available from other FOIA requests. Therefore, I hereby request all records stored in DCII on, about, mentioning or concerning Timothy McVeigh, whom has social security number 129-58-4709. Please be advised that the privacy act does not apply to the deceased and proof of death is not required in such a case as this where the death is common knowledge. The death was one of the rare cases in modern history where the US Government has carried out an execution. McVeigh's death is well known as he was executed by the US Government for his crimes while in US Bureau of Prison custody.

I prefer electronic copies of the files. I agree to fees up to $25.

Thank you in advance for your help.

Regards,
Jason Smathers

From: "Graves, Aaron CIV WHS/ESD" <aaron.graves@whs.mil>

Subject: None

None

Mr. Smathers,

Please note the following, as mentioned in my previous email.

First, this office only has [general] access to the DCII. That limited
access only provides us with basic (reference to) investigative
information on an individual. We do not have access to any records.
Second, and as previously mentioned, only the investigative agency(ies)
would have access to actual records. In this case, using the SSN
provided, the Army Crime Records Depository (ACRD) and the Naval
Criminal Investigative Service (NCIS) are possible entities that may
have such records. These agencies are the two DoD components mentioned
in the DCII (the only "general" information available to me within the
DCII).

Therefore, if you have not already done so, you will need to submit your
request directly to those agencies FOIA offices for records related to
your previous request.

V/r,

Files

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