Naval Hospital Camp Lejeune Mefloquine Training Documents

To Whom It May Concern:

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

All documents disseminated to Naval Hospital Camp Lejeune (NHCL) healthcare providers from September 2012 to the present day related to required training on mefloquine prescribing and dispensing, to specifically include any documents disseminated by email to healthcare providers at Naval Hospital Camp Lejeune on Monday, August 4th, 2014.

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,

Remington Nevin

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted by mail on Sept. 18, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 18, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

Office of the Judge Advocate General
NJAG Code 14
1322 Patterson Avenue, SE, Suite 3000
Building 33, Washington Navy Yard
Washington, DC 20374-5066
Re: FOIA Request dated September 18, 2014, subject: “Naval Hospital Camp Lejeune Mefloquine Training Documents”

This is an appeal under the Freedom of Information Act. I am writing to appeal the constructive denial of a request properly made to the U.S. Naval Hospital Camp Lejeune on September 18, 2014 and formally unacknowledged as of this date.

The Freedom of Information Act provides an agency no more than thirty days to respond to a request . When an agency fails to respond within that statutory timeline, it has constructively denied the request. (See Oglesby v. U.S.
Dep't of Army, 920 F.2d 57, 65 (D.C. Cir. 1990) (“Congress adopted the time limit provision in the FOIA in order to ‘contribute to the fuller and faster release of information, which is the basic objective of the Act.’” (quoting H.R. Rep. No. 93-876, 93d Cong., 2d Sess., reprinted (1974) U.S. Code Cong. & Ad. News 6267 at 6271))).

As may be confirmed at the public website MuckRock (https://www.muckrock.com/foi/united-states-of-america-10/naval-hospital-camp-lejeune-mefloquine-training-documents-13449/), a FOIA request for “[a]ll documents disseminated to Naval Hospital Camp Lejeune (NHCL) healthcare providers from September 2012 to the present day related to required training on mefloquine prescribing and dispensing, to specifically include any documents disseminated by email to healthcare providers at Naval Hospital Camp Lejeune on Monday, August 4th, 2014.”) was submitted the FOIA representative at U.S. Naval Hospital Camp Lejeune, NC at the following address on September 18, 2014:

Commanding Officer
ATTN: Command Judge Advocate
Naval Hospital
100 Brewster Blvd.
Camp Lejeune NC, 28547-2538

Follow-up messages requesting acknowledgement were sent October 24, 2014 and November 24, 2014, but despite this, no acknowledgement or replies have been forthcoming.

As your agency has not met the statutory time requirement in responding to my request, the provisions of section 6 of the OPEN Government Act of 2007, Pub. L. No. 110-175, 121 Stat. 2524, shall apply, including the provision that "[a]n agency shall not assess search fees (or in the case of a requester described under clause (ii)(II) [of 5 USC § 552 (a)(4)(A) as described above], duplication fees) . . . if the agency fails to comply with any time limit… if no unusual or exceptional circumstances… apply to the processing of the request."

Thank you in advance for your anticipated cooperation with this matter. I look forward to receiving a response to my original request no later than January 15, 2015.

Sincerely,

Remington Nevin