FOIA March Madness 2017 - III - Appeal logs, procedures, letters, opinions (Marines - United States Marine Corps, USMC)

Beryl Lipton filed this request with the United States Marine Corps of the United States of America.
Tracking #

DON-NAVY-2017-004524

Est. Completion None
Status
Fix Required

Communications

From: Beryl Lipton

To Whom It May Concern:

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

1. Any available log of appeals submitted to this agency or the agency tasked with processing Freedom of Information Act appeals for this division. Please provide such logs for the period from January 1, 2015 through December 31, 2016. Please, if possible, include with the log the following items:
• the request number associated with the FOIA in question
• the appeal number assigned to the appeal
• the description of the subject matter addressed by the request
• the division or office of initial receipt
• the date on which the appeal was received
• the date on which the appeal was closed
• the determination or final disposition status of the appeal

2. All appeal letters and opinion letters associated with appeals for which the determination was to reverse, in whole or in part, the decision of the initial request agency. Please provide such letters for appeals closed during the period from January 1, 2015 through December 31, 2016.

3. All appeal letters and opinion letters associated with appeals for which the determination was to remand the request to the appropriate agency. Please provide such letters for appeals closed during the period from January 1, 2015 through December 31, 2016.

4. All appeal letters and opinion letters associated with appeals for which the determination was to affirm the decision of the initial agency. Please provide such letters for appeals closed during the period from January 1, 2015 through December 31, 2016.

5. Any instructive or guiding materials provided to and/or utilized by employees of this department’s Freedom of Information Act office. Please include any manuals, procedural materials, reference guides, checklists, training materials, flow charts, directives, memorandums, legal decisions, presentations, or similar material used in the process of an appeal by this office or the office tasked to process FOIA appeals for this office. Any guiding materials used for the preparation of an appeal package should be considered responsive to, though not the entirety of, this element of this request.

6. The name and contact information for the appropriate appeal authority to whom appeals for this agency should be directed. If such information exists as part of a template letter sent to requesters, provision of this document will be considered satisfactory.

Please provide responsive materials on a rolling basis.

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,

Beryl Lipton

From: Marines - United States Marine Corps, USMC

A fix is required to perfect the request.

From: Marines - United States Marine Corps, USMC

A letter stating that the request appeal has been received and is being processed.

From: Yost, Adam B LCDR OJAG, Code 14

Mr. Lipton,

Good afternoon. Please give me a call (at the below number) on Tuesday, 30 May or respond to this email with a good phone number to reach out to you directly that day.

My office handles certain FOIA appeals within the Department of the Navy (the appeals we process depend on the nature of the request - the Navy's Office of General Counsel also handles FOIA appeals, specifically in those areas delineated in the SECNAV FOIA Instruction).

We were made aware of and received in our office on May 17, 2017 a referred FOIA request from HQMC that you submitted to them, the subject request now categorized for processing in our office as DON-NAVY-2017-004524 (original request number DON-USMC-2017-004476).

I had some questions for you regarding the nature of your request to clarify what you are asking for before I look at whether fees are appropriate and provide you an estimate (if applicable) of the amount.

Thank you. I look forward to speaking with you.

V/r,

Adam B. Yost
LCDR, JAGC, USN
General Litigation (Code 14)
Office of the Judge Advocate General
Phone: (202) 685-5398
Email: adam.yost@navy.mil
SIPR: adam.yost@navy.smil.mil

This email may contain privacy sensitive information which is "FOR OFFICIAL USE ONLY - PRIVACY SENSITIVE: Any misuse or unauthorized disclosure may result in both civil and criminal penalties."

CONFIDENTIALITY NOTICE: This email message and any attachments are intended only for the person or entity to which it is addressed, and may contain confidential or privileged material protected by the attorney-client relationship which are protected from disclosure under the Freedom of Information Act, 5 USC 552. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. If you are the intended recipient, but do not wish to receive communications through this medium, please advise the sender immediately.

From: Office of the Judge Advocate General

Ms. Lipton,

Good afternoon - I believe this is a correct email address for you. My office, Office of the Judge Advocate General, Code 14, will be responding initially to your FOIA request within the next 2-3 days.

That said, I am requesting you give me a call at the below phone number to discuss your request - I have a couple questions for you. If I am out of the office when you call, please just leave a good phone number and I'll give you a call back promptly.

Thank you.

V/r,
LCDR Yost

Adam B. Yost
LCDR, JAGC, USN
General Litigation (Code 14)
Office of the Judge Advocate General
Phone: (202) 685-5398
Email: adam.yost@navy.mil
SIPR: adam.yost@navy.smil.mil

This email may contain privacy sensitive information which is "FOR OFFICIAL USE ONLY - PRIVACY SENSITIVE: Any misuse or unauthorized disclosure may result in both civil and criminal penalties."

CONFIDENTIALITY NOTICE: This email message and any attachments are intended only for the person or entity to which it is addressed, and may contain confidential or privileged material protected by the attorney-client relationship which are protected from disclosure under the Freedom of Information Act, 5 USC 552. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. If you are the intended recipient, but do not wish to receive communications through this medium, please advise the sender immediately.

From: Yost, Adam B LCDR OJAG, Code 14

Ms. Lipton,

Good afternoon - I believe this is a correct email address for you. My office, Office of the Judge Advocate General, Code 14, will be responding initially to your FOIA request within the next 2-3 days.

That said, I am requesting you give me a call at the below phone number to discuss your request - I have a couple questions for you. If I am out of the office when you call, please just leave a good phone number and I'll give you a call back promptly.

Thank you.

V/r,
LCDR Yost

Adam B. Yost
LCDR, JAGC, USN
General Litigation (Code 14)
Office of the Judge Advocate General
Phone: (202) 685-5398
Email: adam.yost@navy.mil
SIPR: adam.yost@navy.smil.mil

This email may contain privacy sensitive information which is "FOR OFFICIAL USE ONLY - PRIVACY SENSITIVE: Any misuse or unauthorized disclosure may result in both civil and criminal penalties."

CONFIDENTIALITY NOTICE: This email message and any attachments are intended only for the person or entity to which it is addressed, and may contain confidential or privileged material protected by the attorney-client relationship which are protected from disclosure under the Freedom of Information Act, 5 USC 552. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. If you are the intended recipient, but do not wish to receive communications through this medium, please advise the sender immediately.

From: Winston, Wendy A CIV OJAG, CODE 14

Good Morning,

Attached please find the final disposition ICO Ms. Beryl Lipton; original request number DON-NAVY-2017-004476.

Thank you and have a great day!

Very respectfully,

Wendy A. Winston
Office of the Judge Advocate General
General Litigation Division (Code 14)
1322 Patterson Ave, SE, Ste 3000
Washington Navy Yard, DC 20374
(202)685-5446

From: Beryl Lipton

Hello Ms. Winston,

Thanks so much for this response! I'll let you know if I have any other questions.

I hope you have a lovely weekend!

Best wishes,
Beryl

From: Yost, Adam B LCDR OJAG, Code 14

Beryl,

Good morning - when you have a moment today, please give me a call at the phone number below - I was hoping to speak with you about your FOIA request DON-NAVY-2017-004524.

Thanks!

V/r,

Adam B. Yost
LCDR, JAGC, USN
General Litigation (Code 14)
Office of the Judge Advocate General
Phone: (202) 685-5398
Email: adam.yost@navy.mil
SIPR: adam.yost@navy.smil.mil

This email may contain privacy sensitive information which is "FOR OFFICIAL USE ONLY - PRIVACY SENSITIVE: Any misuse or unauthorized disclosure may result in both civil and criminal penalties."

CONFIDENTIALITY NOTICE: This email message and any attachments are intended only for the person or entity to which it is addressed, and may contain confidential or privileged material protected by the attorney-client relationship which are protected from disclosure under the Freedom of Information Act, 5 USC 552. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. If you are the intended recipient, but do not wish to receive communications through this medium, please advise the sender immediately.

From:

Beryl,

Good morning - we are going through an end of year review and I wanted to inquire as to whether you believe there is anything outstanding from your FOIA request DON-NAVY-2017-004476.

Thank you.

V/r,

Adam B. Yost
LCDR, JAGC, USN
General Litigation (Code 14)
Office of the Judge Advocate General
Phone: (202) 685-5398
Email: adam.yost@navy.mil
SIPR: adam.yost@navy.smil.mil

This email may contain privacy sensitive information which is "FOR OFFICIAL USE ONLY - PRIVACY SENSITIVE: Any misuse or unauthorized disclosure may result in both civil and criminal penalties."

CONFIDENTIALITY NOTICE: This email message and any attachments are intended only for the person or entity to which it is addressed, and may contain confidential or privileged material protected by the attorney-client relationship which are protected from disclosure under the Freedom of Information Act, 5 USC 552. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. If you are the intended recipient, but do not wish to receive communications through this medium, please advise the sender immediately.

From:

Beryl,

Good afternoon. We have not received a response to the below email regarding your FOIA request; therefore, our intention is to close this request out as complete - please respond to me or Ms. Winston, cc'd, via email or the below phone number if you believe this to be in error.

Thank you.

V/r,
LCDR Yost

Adam B. Yost
LCDR, JAGC, USN
General Litigation (Code 14)
Office of the Judge Advocate General
Phone: (202) 685-5398
Email: adam.yost@navy.mil
SIPR: adam.yost@navy.smil.mil

This email may contain privacy sensitive information which is "FOR OFFICIAL USE ONLY - PRIVACY SENSITIVE: Any misuse or unauthorized disclosure may result in both civil and criminal penalties."

CONFIDENTIALITY NOTICE: This email message and any attachments are intended only for the person or entity to which it is addressed, and may contain confidential or privileged material protected by the attorney-client relationship which are protected from disclosure under the Freedom of Information Act, 5 USC 552. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. If you are the intended recipient, but do not wish to receive communications through this medium, please advise the sender immediately.

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