Indirect Fire Attack Against Coalition Forces in Iraq, January 2, 2004

David Scantling filed this request with the United States Central Command - CENTCOM of the United States of America.
Tracking #

FA22-1719

17-0533

Status
Completed

Communications

From: David Scantling

Dear FOIA Officer:

1. This is a request under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, submitted to the United States Central Command ("CENTCOM") of the United States Department of Defense ("DoD").

2. I hereby request agency records related to the Indirect Fire ("IDF") attack on January 2, 2004, near Balad Air Base, Iraq, that killed United States Army Captain ("CPT") Eric T. Paliwoda while on duty during Operation Iraqi Freedom ("OIF") in the CENTCOM Area of Responsibility ("AOR"). The IDF attack occurred at Military Grid Reference System (“MGRS”) 38SMC24326149.

2.1. CPT Paliwoda was assigned to Company B, 4th Engineering Battalion, 3rd Brigade Combat Team, 4th Infantry Division, Fort Carson, Colorado.

3. The following constraints limit this FOIA request:

3.1. Only specific agency documents related to this IDF attack are requested, including:

3.1.1. Combined Information Data Network Exchange ("CIDNE") Significant Activity ("SIGACT") report(s);
3.1.2. Medical Evacuation ("MEDEVAC") 9–Line transcript(s);
3.1.3. MEDEVAC Assault Support Request(s) ("ASR");
3.1.4. Composite Timeline report(s);
3.1.5. Serious Incident Report(s) ("SIR");
3.1.6. Weapons Team Intelligence report(s);
3.1.7. Intelligence Directorate (“C2”) Operations Watch Highlights report(s);
3.1.8. Battle Damage Assessment (“BDA”) reports(s);
3.1.9. Multi National Division ("MND")/Multi National Corps–Iraq ("MNC–I") Update report(s);
3.1.10. Multi National Force–Iraq ("MNF–I") Battle Update Assessment(s) ("BUA") briefing slides;
3.1.11. AR 15–6 Investigation reports (s) and/or Command Directed Investigation (“CDI”) report(s);
3.1.12. Hospital casualty update report(s);
3.1.13. Defense Casualty Information Processing System–Forward ("DCIPS–CF") report(s).

3.2. Excluding any documents containing the agency’s deliberative material or recommendations;
3.3. Excluding any documents classified Top Secret (“TS”), Sensitive Compartmented Information (“SCI”), and/or Special Access Program (“SAP”); however,
3.4. Including all of CENTCOM’s responsive documents that are classified below the TS, SCI and/or SAP levels; for example, any documents marked Unclassified (“U”), Sensitive But Unclassified (“SBU”), For Official Use Only (“FOUO”), Confidential (“C”), Law Enforcement Sensitive (“LES”), and/or Secret (“S”).

4. Although FOIA has always presumed that government records are open to public inspection, the FOIA Improvement Act of 2016, Pub. L. 114-185, prohibits agencies from withholding records unless (1) “disclosure is prohibited by law” or (2) “the agency reasonably foresees that disclosure would harm an interest protected by” one of FOIA’s exemptions. 5 U.S.C. § 552(a)(8)(A). Thus, in addition to FOIA favoring disclosure and requiring its exemptions to be narrowly construed, Section 552(a)(8)(A) prohibits agencies from using their discretion to broadly withhold records merely because they believe an exemption could technically apply.

5. In order to expedite CENTCOM’s release of the requested documents, please disclose them on an interim, rolling basis as they become available; for example, without waiting for all of the agency’s relevant systems of record to be searched, or all of its relevant records to be processed. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

6. If CENTCOM’s processing costs for this request exceed $350.00, please notify me in advance so that I might consider paying any additional fees for a complete and accurate set of responsive documents. The requested documents will be made available to the general public and this request is not being made for commercial purposes.

7. 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,

David Scantling

From: United States Central Command - CENTCOM

An acknowledgement letter, stating the request is being processed.

From: Johnson, Steven L CIV CENTCOM CENTCOM HQ (US)

Good morning Sir,

FOIA 17-0533 is currently #471 in the USCENTCOM queue.

v/r

Steven
-------------------------------------------------

From: Johnson, Steven L CIV CENTCOM CENTCOM HQ (US)

Good morning Sir,

FOIA 17-0533 is currently #483 in the USCENTCOM queue.

v/r
Steven

From:

Mr. Scantling,
You are currently #442 in our queue.
v/r
Steven

From:

Mr. Scantling,
You are currently #436 in our queue.
v/r
Steven

From:

Mr. Scantling,
You are currently #420 in our queue.
v/r
Steven
---

From:

Mr. Scantling,
You are currently #413 in our queue.
v/r
Steven

From:

Mr. Scantling,
You are currently #248 in our queue.
v/r
Steven

From:

Mr. Scantling,
You are currently #228 in our queue.
v/r
Steven

From: United States Central Command - CENTCOM

Evlyn,

This is not my FOIA request. This request belongs to SSG Alvarado as of 1/11/2019.
Thanks,

Steven

From: United States Central Command - CENTCOM

Good morning,

This is in response to your request for release of information from the files of the U.S. Army Criminal Investigation Division (USACID), your request was referred from CENTCOM on February 24, 2022, and has been assigned case number FA22-1719.

It is our policy that each request receives prompt attention, and every effort is made to treat all requesters equally. This office receives thousands of FOIA requests annually on behalf of the U.S. Army Criminal Investigation Command. DOD FOIA Regulation 5400.7-R at C1.5.4.2 and C1.5.4.3 acknowledges the reality of the situation of large volumes of requests and establishes a queuing concept, based on general fairness to the public at large. Consequently, the only fair way to address all of these requests is to work them on a first-in, first-out, easy to hard basis (whether the case is easy or difficult to complete). The actual processing time depending upon its complexity, whether it involves sensitive records, voluminous records, extensive searches, consultation with other agencies and our administrative workload. We expect to respond to your request within a 60-90 day timeframe. We hope that you can bear with us and understand our problem with volumes of requests. We do regret this delay and any inconvenience it may bring you. Your request will be processed as expeditiously as possible. You should receive a further reply in the near future.

Notice: As a result of increases in the Health Protection Condition (HPCON) level, our offices are limited to mission-essential personnel only and maximizing the use of telework for other personnel. This means that we are unable to handle requests sent via traditional methods and can only respond to electronic inquiries while under elevated HPCON levels.

v/r,
Erin

Mrs. Erin Chidester
FOIA/PA Division
USACID CRC
27130 Telegraph Road
Quantico, VA 22134
(571) 305-4231
Erin.l.chidester.civ@army.mil<mailto:Erin.l.chidester.civ@army.mil>
Erin.l.chidester.civ@army.smil.mil<mailto:Erin.l.chidester.civ@army.smil.mil>

From: United States Central Command - CENTCOM

Good morning,

Attached is our release pertaining to FA22-1719.

V/r
Erin

Mrs. Erin Chidester
FOIA/PA Division
USACID CRC
27130 Telegraph Road
Quantico, VA 22134
(571) 305-4231
Erin.l.chidester.civ@army.mil
Erin.l.chidester.civ@army.smil.mil

From: United States Central Command - CENTCOM

None

From: United States Central Command - CENTCOM

*** DO NOT FORWARD ***

This is an automated message sent to you by the DoD SAFE service.

STANDLEY.HARRISON.EPHRAIM <harrison.e.standley.ctr@mail.mil> has dropped off a file for you.

IF YOU TRUST THE SENDER, and are expecting to receive a file from them, you may choose to retrieve the drop-off by clicking the following link (or copying and pasting it into your web browser):

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You have 7 days to retrieve the drop-off; after that the link above will expire. If you wish to contact the sender, just reply to this email.

The sender has left you a note:

Mr. Scantling,

USCENTCOM's response to your FOIA request #17-0533 is attached.

Sincerely,

USCENTCOM FOIA Requester Service Center
(813)529-6285

Full information about the drop-off:

Claim ID: 83ZVfBERYo3SpKMy
Recipient Code: P9efKH
Claim Passcode: GbjFBVRZctUSrYXe
Drop-off Submitted: 2022-04-18 14:38:16 UTC
Drop-off Completed: 2022-04-18 14:38:19 UTC

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Name: STANDLEY.HARRISON.EPHRAIM
Organization: CENTCOM
Email Address: harrison.e.standley.ctr@mail.mil

-- File --
Name: USCENTCOM Response to FOIA 17-0533.pdf
Size: 1359561
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