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

Est. Completion Dec. 21, 2017
Status
Partially Completed

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

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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.

From: Air Force

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Mr. Morisy,

Your 6 Nov 17 FOIA request, case number 2018-00454-F, is still being processed.
Subject of the records (A1C Kelley) is a deceased suspect in ongoing multiple murder investigations.

Your request is "Complex." These requests take substantial time and cause significant impact on responding units.
Complications and delays are likely. Multiple organizations outside DoD must review/coordinate on requested records.

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

The request has been rejected by the agency.

From: Air Force

Mr. Morisy,

Please find attached final response to your FOIA request.

v/r
//SIGNED//
MONIKA K. WAGNER
Holloman FOIA Manager
572-7248

From: Air Force

Dear Mr. Morisy This email is to update you on the status of your FOIA request 2018-1431-F, which requests: all USAF personnel file on Devin Patrick Kelley (born 21 Feb 91 deceased 5 Nov 17) including performance reports, job assessments, disciplinary records, training received, discharge papers, and any other releasable records As a reminder, we created this request to capture and process the responsive records the Air Force Security Forces Center identified.  Air Force has identified requests for records pertaining to this incident as significant requiring additional reviews prior to release.  However, we continue to process your FOIA request and anticipate we will provide a final response to you in the next 30 days.  If we are unable to meet this deadline, we will advise you.  Thank you for your patience. You may contact the Air Force FOIA Public Liaison Officer, Ms. Anh Trinh, concerning this response at Air Force FOIA Public Liaison Office, 1800 Air Force Pentagon, Washington, DC 20330-1800 or usaf.pentagon.saf-cio-a6.mbx.af-foia@mail.mil/(703) 614-8500. You may also seek dispute resolution services from the Office of Government Information Services, and can find information on this Office at https://ogis.archives.gov/mediation-program/request-assistance.htm.  Using the dispute resolution services will not affect your rights under the FOIA. Please direct questions to me at AFIMSC.FOIA.Workflow@us.af.mil or call me at 210-395-8206 and refer to FOIA case number 2018-01431-F. Sincerely, //signed/set/11Apr18// Sharlotte Terry Freedom of Information Act Manager Information Access Branch Headquarters Air Force Installation and Mission Support Center

From: Air Force

Mr. Morisy

Please see the attached regarding your FOIA 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.

From: Air Force

Mr. Morisy

I sent your response today via AMRDEC Safe Access File Exchange. You should
open that email and download the contents within 14 days of receipt of that
email. The password will expire at that time. Please note that AMRDEC Safe
Access File Exchange IS NOT spam

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.

From: Air Force

Direct replies will not be read by a human.

=======================

***DO NOT FORWARD***

Please note, IAW Para 4-5.a(8) and 4-12.c, AR 25-2, it is a violation of SAFE security policy to share/forward Package passwords.

You must contact the Package originator, janet.f.beasley.civ@mail.mil to have the Package re-sent via SAFE (https://safe.amrdec.army.mil/safe/) to other users.

NOTICE: If any doubt exists as to the safety or origin of the file(s) or the veracity of the sender, the recipient reading this message should NOT download the file(s) and should contact the appropriate Information Assurance Security Officer immediately for further guidance.

janet.beasley, janet.f.beasley.civ@mail.mil has granted you access to a file(s) uploaded on 4/26/2018 1:21:41 PM Central Time Zone, USA.

File Description: FOIA Request 2018-00450-F response

Package ID: 13416813

The file(s) will be available at:

https://safe.amrdec.army.mil/safe/pickupfiles.aspx?id=13416813

Until: 5/6/2018

The password is dXuLa25S*s8FP59V3#

NOTE: This password can only be used ONCE. Do NOT open files on a device where the files cannot be downloaded and saved.

If you have questions or need assistance with the contents of the packages, please contact the package originator.

If you require technical assistance, please contact the AMRDEC SAFE Team at usarmy.redstone.rdecom-amrdec.mbx.safe-team@mail.mil or call 256-336-1200 and reference Package ID 13416813 and include a copy of this email message in your request.

NOTICE: This e-mail message is intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately.

Thank you.

***This message may be forwarded to usarmy.redstone.rdecom-amrdec.mbx.safe-team@mail.mil for technical support purposes.***

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From: Air Force

Mr. Morisy

I sent your response today via AMRDEC Safe Access File Exchange. You should
open that email and download the contents within 14 days of receipt of that
email. The password will expire at that time. Please note that AMRDEC Safe
Access File Exchange IS NOT spam.

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.

From: Air Force

Dear Mr. Morisy This email pertains to your FOIA request 2018-01431-F, which we established to process 30 responsive pages found in the Air Force Security Forces Center and the 37th Training Wing located on Joint Base-San Antonio, in response to your initial request for all United States Air Force’s PersonnelFiles 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, Headquarters Air Force and the Department of Defense are still reviewing this request and its supporting documentation for release.  We anticipate we will provide a response to you in the next 60 days.  If we are unable to meet that timeline, we will advise you.  Thank you for your patience. You may contact the Air Force FOIA Public Liaison Officer, Ms. Anh Trinh, concerning this response at Air Force FOIA Public Liaison Office, 1800 Air Force Pentagon, Washington, DC 20330-1800 or usaf.pentagon.saf-cio-a6.mbx.af-foia@mail.mil/ (703) 614-8500. You may also seek dispute resolution services from the Office of Government Information Services, and can find information on this Office at https://ogis.archives.gov/mediation-program/request-assistance.htm.  Using the dispute resolution services will not affect your rights under the FOIA. Sincerely, //signed/set/3Jul18// Sharlotte Terry Freedom of Information Act Manager Information Access Branch Headquarters Air Force Installation and Mission Support Center

From: Air Force

Direct replies will not be read by a human.

=======================

***DO NOT FORWARD***

Please note, IAW Para 4-5.a(8) and 4-12.c, AR 25-2, it is a violation of SAFE security policy to share/forward Package passwords.

You must contact the Package originator, janet.f.beasley.civ@mail.mil to have the Package re-sent via SAFE (https://safe.amrdec.army.mil/safe/) to other users.

NOTICE: If any doubt exists as to the safety or origin of the file(s) or the veracity of the sender, the recipient reading this message should NOT download the file(s) and should contact the appropriate Information Assurance Security Officer immediately for further guidance.

janet.beasley, janet.f.beasley.civ@mail.mil has granted you access to a file(s) uploaded on 7/26/2018 2:54:48 PM Central Time Zone, USA.

File Description: Response to FOIA Requests 2018-00450-F, 2018-00454-F, 2018-01122-F, and 2018-01431-F

Package ID: 14571470

The file(s) will be available at:

https://safe.amrdec.army.mil/safe/pickupfiles.aspx?id=14571470

Until: 8/5/2018

The password is #auj#%9RsE#Ncj$7

NOTE: This password can only be used ONCE. Do NOT open files on a device where the files cannot be downloaded and saved.

If you have questions or need assistance with the contents of the packages, please contact the package originator.

If you require technical assistance, please contact the AMRDEC SAFE Team at usarmy.redstone.rdecom-amrdec.mbx.safe-team@mail.mil or call 256-336-1200 and reference Package ID 14571470 and include a copy of this email message in your request.

NOTICE: This e-mail message is intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately.

Thank you.

***This message may be forwarded to usarmy.redstone.rdecom-amrdec.mbx.safe-team@mail.mil for technical support purposes.***

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