Devin Patrick Kelley’s Military File (Air Force)

Michael Morisy filed this request with the Air Force of the United States of America.

It is a clone of this request.

Tracking # 2018-00454-F
Due Dec. 6, 2017
Est. Completion Dec. 21, 2017
Status
Awaiting Response

Communications

From: Michael Morisy

To Whom It May Concern:

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

A copy of the United States Air Force’s Personnel Files on Devin Patrick Kelley (Born February 21, 1991, deceased November 5, 2017 ), including performance reports, job assessments, disciplinary records, training received, discharge papers, and any other releasable records.

According to publicly available news reports, Kelley served in the Air Force in logistics readiness at Holloman Air Force Base in New Mexico until his discharge in 2014

https://www.cbsnews.com/news/devin-patrick-kelley-texas-shooting-suspect-sutherland-springs-first-baptist-church-latest/

The public interest in Kelley should favor disclosure of many of these records, as well as minimal privacy interest since the individual is deceased.

If you determine that another agency has custody of the requested records, please let me know.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, 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,

Michael Morisy

From: Air Force

View in HTML

Mr. Morisy,

The Air Force Personnel Center (AFPC), Freedom of Information Act (FOIA)
office (AFPC/DS1F) received your FOIA request submitted to HAF/IMIO via
electronic mail (email) transfer on 07 Nov 17. Tentative target date to
respond is 21 Dec 17. Your request is being processed under case number
2018-00454-F; however, if delays are expected you will be contacted.

Questions can be directed to our office. Provide your case number when
contacting us.

Organizational E-mail box: afpc.ds1f.foia.pa@us.af.mil
<mailto:afpc.ds1f.foia.pa@us.af.mil>

Phone: 210-565-2751

YOUR REQUEST SEEKS RELEASABLE INFORMATION AS FOLLOWS:

1. DD Form 214

2. Performance Reports & job assessments

3. Training received

4. Disciplinary records

5. Discharge papers

Based on request received you are being considered a "third party"
requester.

* Third party: Someone who requests records on someone else other
than themselves. They are allowed to obtain copies of documents but certain
information would be withheld (exempt) In Accordance With (IAW) governing
FOIA policy. Exempt items would include such items as; SSN (on member and
other individuals found in the records), home address(s) or other Personally
Identifiable Information (PII). This is based on Privacy requirements.

* Personal information is protected from release under DoD
5400.7-Regulation, AFMAN 33-302, Freedom of Information Act Program,
paragraph C3.2.1.8. or related subparagraphs.: Title 5, United States Code
(U.S.C.), Section 552 (b)(6). Exemption (b)(6) permits the withholding of
all "information in personnel and medical files, as well as similar personal
information in other files, that, if disclosed to a requester, other than
the person about whom the information is about, would result in a clearly
unwarranted invasion of personal privacy. Release of information about an
individual contained in a Privacy Act System of records that would
constitute a clearly unwarranted invasion of privacy is prohibited, and
could subject the releaser to civil and criminal penalties. If the
information qualifies as exemption 6 information, there is no discretion in
its release.

FEE WAIVER: Your request for a fee waiver is tentatively denied for lack of
justification. If you wish to be reconsidered please review paragraph
C6.1.4. Fee Waivers under the FOIA program and submit your justification by
return e-mail.

MULTI-TRACK TYPE:

Your request has been placed under the category of "Complex." These
requests take substantial time and cause significant impact on responding
units. Complications and delays are likely. Records sought are massive in
volume. Multiple organizations must review/coordinate on requested records.
Records are classified; originated with a nongovernmental source; are part
of the Air Force's decision-making process; or are privileged.

2018-00454-F is a Significant FOIA IAW DOD5400.7-R_AFMAN33-302 C5.2.1.6.1.

CATEGORY:

C6.1.5.2.2.2. Educational or Noncommercial Scientific Institution or News
Media. Requesters should indicate a willingness to pay duplication charges
in excess of 100 pages if more than 100 pages of records are desired.

WITHDRAW YOUR REQUEST

Should you decide to withdraw your request after reading this clarification
e-mail, our agency would only need your e-mail response stating: "I wish to
officially withdraw my FOIA request." We will close your request with no
further action by us.

Respectfully,

//SIGNED//

ALLEN E. PLUNKETT, Contractor,

FOIA/PA Manager, HQ AFPC/DS1F

DSN 665-2751 Comm 210-565-2751

Afpc.ds1f.foia.pa@us.af.mil

From: Air Force

Mr. Morisy

Attached please find the response to FOIA Request 2018-00450-F.

V/r

//SIGNED//
JANET F. BEASLEY
Government Information Specialist/Paralegal
Headquarters Air Force Information Office (SAF/AAII)
DSN: 224-3025
Commercial: 703-614-3025
Janet.f.beasley.civ@mail.mil
Workflow: usaf.pentagon.saf-aa.mbx.haf-foia-workflow@mail.mil

This electronic transmission may contain FOR OFFICIAL USE ONLY
(FOUO)information that must be protected under the Privacy Act of 1974 (see
AFI33-332). Do not release outside of DoD channels without the consent of
the originator's office. If you received this message in error, please
notify the sender by reply e-mail and delete all copies of the message.

Files

pages

Close