DoD IG : Evaluation of Foreign Officer Involvement at the United States Special Operations Command

Dear Mr. Musgrave,

This acknowledges receipt of your June 24, 2016, Freedom of Information Act (FOIA) request for "copy of report DODIG-2016-098 Evaluation of Foreign Officer Involvement at the United States Special Operations Command". We received your request on September 26, 2016, and assigned it case number FOIA-2016-00787.

If you have any questions about your request, please feel free to contact our office at (703) 604-9775.

Sincerely,

FOIA Team
Department of Defense
Office of Inspector General

This e-mail is from the Office of the Inspector General, Department of Defense, and may contain information that is "Law Enforcement Sensitive" {LES} or "For Official Use Only" {FOUO} or otherwise subject to the Privacy Act and/or legal and or other privileges that restrict release without appropriate legal authority.

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d281310305)
* Tracking Number: DODOIG-2017-000595
* Requester Name: Shawn Musgrave
* Date Submitted: 05/16/2017
* Request Status: Submitted
* Description: Requests a copy of report DODIG-2016-098, "Evaluation of Foreign Officer Involvement at the United States Special Ops Command".

Dear Mr. Musgrave,
Attached please find our acknowledgement letter pertaining to your FOIA request.

Dear Mr. Musgrave,

This is in reference to your follow up concerning your FOIA
request 2016-00787 a.k.a. 2017-000595

This report is currently being reviewed by agencies outside of the DoD OIG.
As we cannot control how long they take to review documents, it may take
considerable time for the agencies to return their reviews to this office.

If you have any further questions concerning your case, you can reach me at
this email address or by phone at 703-699-7498.
Regards,

FOIA Team
Office of the Inspector General
Department of Defense

We are currently still processing your FOIA Request FOIA 2016-00787. At this time we do not have an estimated date for completion of your request. You can contact this office back at any time for a follow-up on the status of this request.

v/r

ERIC R. POWERS
Government Information Specialist
Department of Defense Office of Inspector General
Freedom of Information Act
4800 Mark Center Drive
Alexandria, VA 22350-1500
Phone: 703-699-7576

This e-mail is from the Office of the Inspector General, Department of Defense, and may contain information that is "Law Enforcement Sensitive" {LES} or "For Official Use Only" {FOUO} or otherwise subject to the Privacy Act and/or legal and or other privileges that restrict release without appropriate legal authority.

Good Morning,

We are currently still processing your FOIA Request Number 2017-000595. At this time we do not have an estimated date for completion of your request. You can contact this office back at any time for a follow-up on the status of this request.

Sincerely,

FOIA Requester Service Center
Office of Inspector General
Department of Defense

Dear Mr. Musgrave:

This responds to your Freedom of Information Act (FOIA) request for a copy
of DODIG-2016-098, Evaluation of Foreign Officer Involvement at the United
States Special Operations Command. We received your request on May 16, 2017
and assigned it case number DODOIG-2017-000595.

The Evaluations component conducted a search and located records
responsive to your request. In coordination with U.S. Special Operations
Command (USSOCOM) and the Office of Secretary of Defense/Joint Staff, we
determined that the attached report, totaling 144 pages, is appropriate for
release in part pursuant to the following FOIA (5 U.S.C. § 552) exemptions:

• (b)(1), which pertains to information that is currently and properly
classified pursuant to Executive Order 13526, sections:

o 1.4(a), military plans, weapon systems, or operations;

o 1.4(d), foreign relations or foreign activities of the
United States, including confidential sources;

o 1.4(g), vulnerabilities or capabilities of systems,
installations, infrastructures, projects, plans, or protection services
relating to the national security; and

o 1.7(e), compilations of items of information that are
individually unclassified may be classified if the compiled information
reveals an additional association or relationship that: (1) meets the
standards for classification under this order; and (2) is not otherwise
revealed in the individual items of information.

• (b)(3), which pertains to information exempted from release by
statute, in this instance, 10 U.S.C. § 130(b) – Personally identifiable
information pertaining to members of the armed forces assigned to "routinely
deployable unit[s]" and certain employees of DOD and DHS.

• (b)(5), which protects privileged communications within or between
agencies, including those protected by the deliberative process privilege.

• (b)(6), which pertains to information, the release of which would
constitute a clearly unwarranted invasion of personal privacy.

Our review included consideration of the foreseeable harm standard, as
stated in DoDM 5400.07. Under this standard, the content of a particular
record should be reviewed and a determination made as to whether the DoD
Component reasonably foresees that disclosing it, given its age, content,
and character, would harm an interest protected by an applicable exemption.

If you consider this an adverse determination, you may submit an appeal.
Your appeal, if any, must be postmarked within 90 days of the date of this
letter, clearly identify the determination that you would like to appeal,
and reference to the FOIA case number above. Send your appeal to the
Department of Defense, Office of Inspector General, ATTN: FOIA Appellate
Authority, Suite 10B24, 4800 Mark Center Drive, Alexandria, VA 22350-1500,
or via facsimile to 571-372-7498. Please note that FOIA appeals can only
examine adverse determinations concerning the FOIA process. For more
information on appellate matters and administrative appeal procedures,
please refer to 32 C.F.R. Sec. 286.9(e) and 286.11(a).

You may contact our FOIA Public Liaison at FOIAPublicLiaison@dodig.mil, or
by calling 703-604-9785, for any further assistance with your request.
Additionally, you may contact the Office of Government Information Services
(OGIS) at the National Archives and Records Administration to inquire about
the FOIA mediation services they offer. The contact information for OGIS is
as follows: Office of Government Information Services, National Archives and
Records Administration, 8601 Adelphi Road-OGIS, College Park, MD 20740-6001,
email at ogis@nara.gov; telephone at 202-741-5770; toll free at
1-877-684-6448; or facsimile at 202-741-5769. However, OGIS does not have
the authority to mediate requests made under the Privacy Act of 1974
(request to access one's own records).

If you have any questions regarding this matter, please contact Mr. Joseph
Kasper at 703-604-9775 or via email to foiarequests@dodig.mil.

JOSEPH KASPER
Government Information Specialist
Freedom of Information, Privacy and Civil Liberties Office
Office of the Inspector General
Department of Defense

This e-mail is from the Office of the Inspector General, Department of
Defense, and may contain information that is "Law Enforcement Sensitive"
{LES} or "For Official Use Only" {FOUO} or otherwise subject to the Privacy
Act and/or legal and or other privileges that restrict release without
appropriate legal authority.

Dear Mr. Musgrave:

This responds to your Freedom of Information Act (FOIA) request for a copy
of DODIG-2016-098, Evaluation of Foreign Officer Involvement at the United
States Special Operations Command. We received your request on June 24,
2016, and assigned it case number FOIA-2016-00787.

The Evaluations component conducted a search and located records
responsive to your request. In coordination with U.S. Special Operations
Command (USSOCOM) and the Office of Secretary of Defense/Joint Staff, we
determined that the attached report, totaling 144 pages, is appropriate for
release in part pursuant to the following FOIA (5 U.S.C. § 552) exemptions:

• (b)(1), which pertains to information that is currently and properly
classified pursuant to Executive Order 13526, sections:

o 1.4(a), military plans, weapon systems, or operations;

o 1.4(d), foreign relations or foreign activities of the
United States, including confidential sources;

o 1.4(g), vulnerabilities or capabilities of systems,
installations, infrastructures, projects, plans, or protection services
relating to the national security; and

o 1.7(e), compilations of items of information that are
individually unclassified may be classified if the compiled information
reveals an additional association or relationship that: (1) meets the
standards for classification under this order; and (2) is not otherwise
revealed in the individual items of information.

• (b)(3), which pertains to information exempted from release by
statute, in this instance, 10 U.S.C. § 130(b) – Personally identifiable
information pertaining to members of the armed forces assigned to "routinely
deployable unit[s]" and certain employees of DOD and DHS.

• (b)(5), which protects privileged communications within or between
agencies, including those protected by the deliberative process privilege.

• (b)(6), which pertains to information, the release of which would
constitute a clearly unwarranted invasion of personal privacy.

Our review included consideration of the foreseeable harm standard, as
stated in DoDM 5400.07. Under this standard, the content of a particular
record should be reviewed and a determination made as to whether the DoD
Component reasonably foresees that disclosing it, given its age, content,
and character, would harm an interest protected by an applicable exemption.

If you consider this an adverse determination, you may submit an appeal.
Your appeal, if any, must be postmarked within 90 days of the date of this
letter, clearly identify the determination that you would like to appeal,
and reference to the FOIA case number above. Send your appeal to the
Department of Defense, Office of Inspector General, ATTN: FOIA Appellate
Authority, Suite 10B24, 4800 Mark Center Drive, Alexandria, VA 22350-1500,
or via facsimile to 571-372-7498. Please note that FOIA appeals can only
examine adverse determinations concerning the FOIA process. For more
information on appellate matters and administrative appeal procedures,
please refer to 32 C.F.R. Sec. 286.9(e) and 286.11(a).

You may contact our FOIA Public Liaison at FOIAPublicLiaison@dodig.mil, or
by calling 703-604-9785, for any further assistance with your request.
Additionally, you may contact the Office of Government Information Services
(OGIS) at the National Archives and Records Administration to inquire about
the FOIA mediation services they offer. The contact information for OGIS is
as follows: Office of Government Information Services, National Archives and
Records Administration, 8601 Adelphi Road-OGIS, College Park, MD 20740-6001,
email at ogis@nara.gov; telephone at 202-741-5770; toll free at
1-877-684-6448; or facsimile at 202-741-5769. However, OGIS does not have
the authority to mediate requests made under the Privacy Act of 1974
(request to access one's own records).

If you have any questions regarding this matter, please contact Mr. Joseph
Kasper at 703-604-9775 or via email to foiarequests@dodig.mil.

JOSEPH KASPER
Government Information Specialist
Freedom of Information, Privacy and Civil Liberties Office
Office of the Inspector General
Department of Defense

This e-mail is from the Office of the Inspector General, Department of
Defense, and may contain information that is "Law Enforcement Sensitive"
{LES} or "For Official Use Only" {FOUO} or otherwise subject to the Privacy
Act and/or legal and or other privileges that restrict release without
appropriate legal authority.