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 #

17-0533

Due July 17, 2017
Est. Completion None
Status
Awaiting Response

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: United States Central Command - CENTCOM

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

From: United States Central Command - CENTCOM

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

From: United States Central Command - CENTCOM

Mr. Scantling,
You are currently #420 in our queue.
v/r
Steven
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From: United States Central Command - CENTCOM

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

From: United States Central Command - CENTCOM

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

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