July 2012 CMC Monthly report (USMC)

Jason Smathers filed this request with the Marines - United States Marine Corps, USMC of the United States of America.
Status
Completed

Communications

From: Jason Smathers

To Whom It May Concern:

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

The July 2012 CMC Monthly report.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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,

Jason Smathers

From: Gonzalez CIV Barbara

Dear Mr. Smathers,

Your correspondence of July 31, 2012, (copy below) was received by this Headquarters and has been controlled under the file USMC-HQ 2012F080699.

Questions concerning this action should be directed to undersigned at (571) 256-8636 or (703) 614-4008, via email to smb.hqmc.foia@usmc.mil or fax at (703) 614-6287. Please reference the file number in the subject line above when corresponding with our office on this matter.

Sincerely,

Barbara Gonzalez

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 31, 2012. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Gonzalez CIV Barbara

I am out of the office and will return on Wednesday. If you need immediate assistance please contact smb.hqmc.foia@usmc.mil or call (703) 614-4008. Thanks and have a great day.

Barb Gonzalez

From: Gonzalez CIV Barbara

Good Morning Sir,

I am still waiting on a response from a couple of areas and will send a response to you as soon as possible. Thanks for your patience.

Sincerely,

Barbara Gonzalez

From: Vogt CIV David E

MUCKROCK NEWS
ATTN MR JASON SMATHERS
DEPT MR 1621
PO BOX 55819
BOSTON MA 02205-5819

Dear Mr. Smathers:

SUBJECT: FILE NUMBER USMC-HQ-2012F080699

This refers to your July 31, 2012, Freedom of Information Act (FOIA) request by which you seek to obtain a copy of the CMC Monthly report for July 2012.

As a result of a records search at this Headquarters, the Office of the Director, Marine Corps Staff (DMCS) personnel and all HQMC Department/Divisions for their input documents, the CMC monthly report for July, 2012, was identified and provided to this office.

A review of the July 2012, CMC monthly report reveals revealed that it identifies intelligence sources and methods of the U.S. Marine Corps that are precluded from public release by 50 U.S.C.A. §
403.1(i) and 5 U.S.C. § 421. Accordingly, since this type of information is exempt from FOIA disclosure
[5 U.S.C. § 552(b)(3), as amended], the applicable intelligence sources and methods have been redacted and are denied. Additionally, information that is classified as secret and proprietary in nature while being submitted with an understanding of confidentiality is not subject to disclosure [5 U.S.C. § 552(b)(4), as amended] and has also been redacted and removed.

Further review also demonstrated that this report also includes executive privilege, interagency, pre-decisional, subjective opinion and recommendation that if disclosed would chill the free and candid exchange of advice and recommendations during the Agency's decision making process. Accordingly, since this type of information is exempt from FOIA disclosure [5 U.S.C. § 552(b)(5), as amended], the applicable pre-decisional subjective opinion and/or recommendations have been redacted and are denied.

Lastly, as applies to this report, the presence of personal information (i.e., social security number, home of record, date of birth, discharge data, home addresses, beneficiary information, remarks, and next-of-kin data) about others that, if disclosed, would constitute a clearly unwarranted invasion of their personal privacy. Because the FOIA precludes the disclosure of this type of information [5 U.S.C. § 552(b)(6) as amended], the applicable personal information has been redacted and is denied. In consideration of these aforementioned exemptions, attached at the enclosure is the FOIA releasable copy of the July 2012, CMC Monthly Report.

I have categorized you as an "Other" requester for the purpose of assessing FOIA processing fees. As such, you are entitled to two hours of search and 100 pages of duplication at no cost to you. However, because "Other" requesters are responsible for the payment of any search and/or duplication fees that exceed their free entitlement. In this instance, however, since processing costs do not exceed your free entitlement, there are no billed fees for the processing of this request.

In view of the above, you may consider this an adverse determination that may be appealed to the Judge Advocate General of the Navy, Judge Advocate General (Code 14), 1322 Patterson Avenue SE, Suite 3000, Washington Navy Yard, DC 20374-5066. Your appeal, if any, must be postmarked within 60
calendar days from the date of this letter to be considered and should include a copy of your initial request, a copy of this correspondence, and a written statement indicating why you believe your appeal should be granted. I recommend that your appeal and its envelope both bear the notation "Freedom of Information Act Appeal."

Questions concerning this action should be directed to the undersigned at (703) 614-4008, via email to smb.hqmc.foia@usmc.mil or fax at (703) 614-6287. Please reference the file number in the subject line above when corresponding with our office on this matter.

Very respectfully and semper fidelis,
Mr. David E. Vogt, III
Team Leader FOIA/PA Section (ARSF)
Office 2B289 (located within 2A288)
Headquarters U.S. Marine Corps
3000 Marine Corps Pentagon
Washington, D.C.  20350-3000
Direct - (571)256-8634
Main - (703) 614-4008
Fax (703) 614-6287
email: david.vogt@usmc.mil

"Prepare for the unexpected of tomorrow, learn from the lessons of yesterday, but above all else, never forget the possibilities of today!" - David

INFORMATION AND DOCUMENTS ENCLOSED ARE SUBJECT TO THE PRIVACY ACT OF 1974
Contents shall not be disclosed, discussed, or shared with individuals unless they have a direct need-to-know in the performance of their official duties. The enclosed document(s) may contain personal or privileged information and should be treated as "For Official Use Only." Unauthorized disclosure of this information may result in CIVIL and CRIMINAL penalties. If you are not the intended recipient or believe you have received this document(s) in error, do not copy, disseminate or otherwise used the information and contact the owner/creator or your Privacy Act Officer regarding the document(s).

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