Military Justice Navy 2019

Andrew Perez filed this request with the US Navy Judge Advocate General of the United States of America.
Submitted April 28, 2019
Est. Completion None
Status
No Responsive Documents

Communications

From: Andrew Perez

Subject: Freedom of Information Act Request: Military Justice Navy 2019

Email

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

I am seeking records of all service members charged under Article 134, paragraph 68b of the U.S. Code of Military Justice (child pornography), to include the following for the last 10 fiscal years:

*** Name and rank of service member;
*** Base assigned where charges were brought;
*** Date of charges filed against service member; and
*** Disposition of case (dismissed, pleaded, court-martialed, convicted/exonerated)

To help determine my status to assess fees, you should know that I am a representative of the news media affiliated with MapLight, and this request is made as part of news gathering and not for commercial use.

I request a waiver of all fees for this request. Disclosure of the requested information to me is in the public interest because it is likely to contribute significantly to public understanding of the military justice system and is not primarily in my commercial interest.

I ask that the information be made available to me in an electronic format.

Finally, I ask that this data be provided to me in an expedited fashion because of the compelling need to determine the size and scope of a problem that affects the youngest and most vulnerable people in our country. There are few higher priorities for our nation than the health and safety of children.

I may be reached at 202.509.3681 if you would like to discuss any aspect of my request. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Thank you,

Frank Bass
Managing Editor
MapLight
Email: frank@maplight.org

From: US Navy Judge Advocate General

Subject: RE: [Non-DoD Source] Freedom of Information Act Request: Military Justice Navy 2019

Email

Good morning,

Thank you for your request. This is a no records response.

This office can only conduct a search for court-martial records of trial if a first and last name of the accused is provided. Without this information our office is unable to conduct a proper search for records.

As you may be aware, this office is the release authority for all Navy and Marine Corps court-martial records of trial from 1978 to current. However, this office maintains only those records of trial relating to general courts-martial or to special courts-martial in which the accused was awarded a punitive discharge or at least one year of confinement.

This office can only conduct a search for court-martial records of trial if a first and last name of the accused is provided. Without this information our office is unable to conduct a proper search for records.

You are advised of your right to appeal this determination by writing to the Department of the Navy, Office of the Judge Advocate General (Code 14), 1322 Patterson Avenue SE, Suite 3000, Washington Navy Yard, DC 20374-5066. If you wish to appeal, please include a copy of your original request, a copy of this e‑mail, your rationale as to why the appeal should be granted, and any other information you would like considered in the adjudication of your appeal. Your appeal must be postmarked no later than 90 calendar days from the date of this letter. Both the appeal letter and the envelope should bear the notation, "Freedom of Information Act Appeal."

Further, you have the right to seek dispute resolution services from either the DoD Navy Component FOIA Public Liaison, Mr. Chris Julka, at: Christopher.a.julka@navy.mil, via phone: (703) 697-0031; or by contacting the Office of Government Information Services at:(https://ogis.archives.gov/), (202) 741-5770, ogis@nara.gov <mailto:ogis@nara.gov>.

Please let me know if you have any questions regarding this request.

Respectfully,

Allison K. Einhorn

Office of the Judge Advocate General

Criminal Law Division, Code 20

FOIA/PA Branch Supervisor

1254 Charles Morris Street, SE, Suite B-01

Washington Navy Yard, DC 20374-5124

PHONE: (202) 685-7064

EMAIL: allison.k.einhorn@navy.mil

FOR OFFICIAL USE ONLY / PRIVACY SENSITIVE. The information contained in this e-mail and/or accompanying documents was prepared by personnel of the Criminal Law Division, Office of the Judge Advocate General of the Navy and is intended for the exclusive use of the individuals to whom it is addressed. It may contain information that is pre-decisional, privileged or protected from release under the Privacy Act, FOIA or other applicable laws. Do not disseminate this e-mail, or its contents, to anyone who does not have an official need for access, or without the express consent of the sender. If you are not the intended recipient, you are on notice that copying, disclosure or any distribution of this message, in any form, is prohibited. Any misuse or unauthorized disclosure can result in both civil and criminal penalties.

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