Processing Notes for Control Number 2016-010 (FOIA)

To Whom It May Concern:

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

All processing notes (including email correspondence between staff at DHA and AFHSC/AFHSB) related to DHA's processing of a FOIA request sent to DHA dated August 25, 2015 for “Minutes from all "Epi-Chiefs" teleconference meetings hosted by the Armed Forces Health Surveillance Center (AFHSC) from July 1, 2012 to the date of processing of this request which reference the antimalarial drug mefloquine (also known as Lariam)”, and which was formally assigned Control Number 2016-010 (FOIA) by DHA in a letter by Ms. Nadine Brown dated October 8, 2015, and closed by DHA without return of any responsive documents in a letter by Ms. Nadine Brown dated January 12, 2016 which claimed that "[u]nder Exemption (b)(5): the responsive documents are exempt from disclosure pursuant to FOIA exemption (b)(5) due to being internal records that are deliberative in nature and part of the decision-making process, containing opinions and recommendations".

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, 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,

Dr. Remington Nevin

Dear DHA FOIA Staff,

Please acknowledge receipt of my request for all processing notes for DHA FOIA Control Number 2016-010. This request was sent to your office in an email dated February 12, 2016, and has yet to be formally acknowledged or assigned a DHA control number.

Thank you very much.

Sincerely,

Dr. Remington Nevin

Dear DHA FOIA Staff,

Please formally acknowledge receipt of my request for all processing notes for DHA FOIA Control Number 2016-010. This request was sent to your office in an email dated February 12, 2016, and has yet to be formally acknowledged or assigned a DHA control number in formal correspondence, as has been customary for my prior requests.

Thank you very much.

Sincerely,

Dr. Remington Nevin

Defense Health Agency Office of General Counsel
National Capital Region Medical Directorate
Attn: Mr. Paul T. Cygnarowicz
8901 Wisconsin Avenue (Building 27)
Bethesda, MD 20889

Re: Constructive Denial of Unacknowledged FOIA Request Sent February 12, 2016, re: Processing Notes for DHA FOIA 2016-010.

Dear Office of the General Counsel,

This is an appeal under the Freedom of Information Act (FOIA). I am writing to appeal the constructive denial of a request made under the FOIA.

As can be verified at the public website MuckRock (https://www.muckrock.com/foi/united-states-of-america-10/processing-notes-for-control-number-2016-010-foia-23932/), on February 12, 2016, I submitted a FOIA request (the “Request”) to DHA seeking all processing notes (including email correspondence between staff at DHA and the Armed Forces Health Surveillance Center/Branch (AFHSC/AFHSB) related to DHA's processing of DHA FOIA 2016-010.

Nearly four months have passed since I submitted my Request, and DHA has not provided any documents responsive to this Request. I have also not received formal correspondence acknowledging this request nor assigning it a unique DHA FOIA control number. I most recently requested such acknowledgement in an email sent May 22, 2016, requesting a formal control number.

On May 23, 2016, I received an email response from DHA, suggesting that my request had been assigned FOIA 2016-096. This response suggested that other requests of mine for processing notes related to other requests had been merged by DHA into this single request.

On May 25, 2016, I received a formal letter from DHA in reference to FOIA 2016-096, which stated "This letter is in response to your FOIA request seeking all processing notes for FOIA Control Numbers 2016-007, 2016-008, 2016-009 and 2016-010 used by the DHA. On February 11, 2016, 2016-007 was closed out without responsive records and 2016-008 through 2016-010, were closed out under 5 USC 552 (b)(5). The information responsive to this inquiry regarding the processing of these FOIAs is being released in its entirety".

Attached to this response were 4 documents, none of which referenced the processing of FOIA 2016-010.

It is not credible that DHA would have no documents related to the processing of FOIA 2016-010. Contrary to the claims of DHA, remains open and pending appeal.

I respectfully request that DHA assign a unique FOIA control number to my request for the processing documents for FOIA 2016-010, and quickly provide responsive documents, including email correspondence between staff at DHA and AFHSC/AFHSB and other documents related to its processing of this request.

I also respectfully request that DHA respond to this appeal within 20 business days [see 5 USC § 552(a)(6)(A)(ii)]. If you have any questions or require any additional information, please contact me.

Sincerely,

Dr. Remington Nevin

FREEDOM OF INFORMATION ACT APPEAL
Defense Health Agency Office of General Counsel
National Capital Region Medical Directorate
Attn: Mr. Paul T. Cygnarowicz
8955 Wood Road, Building 1, Floor 9
Bethesda, MD 20889-5628

Re: Constructive Denial of Defense Health Agency Control Number 2016-096 (FOIA)

Dear Mr. Cygnarowicz,

Thank you for your letter dated July 28, 2016, in which you acknowledge receipt of my appeal related to the constructive denial of DHA 2016-096, which is described as a request for “All processing notes for FOIA Control Numbers 2016-007, 2016-008, [2016-009], and 2016-010…”.

In your letter, it is stated that you first received this appeal on June 24, 2016.

I am writing this letter to clarify that at no time did I make a single request to DHA for the processing notes for all four above-listed FOIA requests. As described further in my appeal dated June 17, 2016, I submitted a request for the processing notes for 2016-010 on February 12, 2016, but have yet to receive formal correspondence acknowledging this request nor assigning it a unique DHA FOIA control number. It is only through other DHA correspondence that I have come to understand that this request has apparently been merged with my other requests for the processing notes for 2016-007, 2016-008, and 2016-009 and assigned FOIA control number 2016-096.

It is my understanding that my appeal for the constructive denial of my request for the processing notes for 2016-010 remains under review. Please advise me at your earliest convenience as to the status of your deliberations and whether any further clarification of the basis for my appeal is needed.

Sincerely,

Dr. Remington Nevin

FREEDOM OF INFORMATION ACT APPEAL
Defense Health Agency Office of General Counsel
National Capital Region Medical Directorate
Attn: Mr. Paul T. Cygnarowicz
8955 Wood Road, Building 1, Floor 9
Bethesda, MD 20889-5628

Re: Constructive Denial of Defense Health Agency Control Number 2016-096 (FOIA)

Dear Mr. Cygnarowicz,

Thank you for your letter dated July 28, 2016, in which you acknowledge receipt of my appeal related to the constructive denial of DHA 2016-096, which is described as a request for “All processing notes for FOIA Control Numbers 2016-007, 2016-008, [2016-009], and 2016-010…”.

In your letter, it is stated that you first received this appeal on June 24, 2016.

I am writing this letter to clarify that at no time did I make a single request to DHA for the processing notes for all four above-listed FOIA requests. As described further in my appeal dated June 17, 2016, I submitted a request for the processing notes for 2016-010 on February 12, 2016, but have yet to receive formal correspondence acknowledging this request nor assigning it a unique DHA FOIA control number. It is only through other DHA correspondence that I have come to understand that this request has apparently been merged with my other requests for the processing notes for 2016-007, 2016-008, and 2016-009 and assigned FOIA control number 2016-096.

It is my understanding that my appeal for the constructive denial of my request for the processing notes for 2016-010 remains under review. Please advise me at your earliest convenience as to the status of your deliberations and whether any further clarification of the basis for my appeal is needed.

Sincerely,

Dr. Remington Nevin