Records on 45th Infinity Division Swastika Patch

Dear Jordan Lassiter:

Thank you for submitting your Freedom of Information Act (FOIA) request to
the National Archives and Records Administration (NARA) via email to
foia@nara.gov. We received your request on May 24, 2023. Your request
concerns the 45th Infinity Division Swastika Patch.

Our office handles FOIA and Privacy Act requests for NARA’s operational records
(records created by this agency). Because your FOIA request is for records
that may be archival records (records created by or originated in a
different agency but that may have been transferred to the legal custody of
NARA), we are forwarding it by this email to our Office of Research
Services, Textual Reference (RR2RR) staff who handle FOIA requests for
textual archival records.

That office will assign your request a tracking number and respond directly
to you. In the future, if you need to follow up with that office directly,
please contact them at the address below, or electronically via email
(email is preferred).

National Archives and Records Administration
Research Services, Textual Reference Branch (RR2RR)
8601 Adelphi Road, Room 2400
College Park, MD 20740

Phone: 301-837-3091
Fax: 301-837-1752
Email: archives2reference@nara.gov

For your reference, a copy of your request is below.

Please visit our website at www.archives.gov/foia for further information
about making a FOIA request to NARA. On our main website,
www.archives.gov, you
can learn more about the resources we offer to the public, and you can
access our online catalog.

Due to the COVID-19 pandemic, and pursuant to guidance received from the
Office of Management and Budget (OMB), NARA had adjusted its normal
operations to balance the need of completing its mission-critical work
while also adhering to the recommended social distancing for the safety of
our staff. As a result of this re-prioritization of activities, you may
experience a delay in receiving a substantive response to your FOIA
request. We apologize for this inconvenience and appreciate your
understanding and patience.

Sincerely,
Ashley A. Bryan
Government Information Specialist
Office of General Counsel (NGC)
National Archives and Records Administration
8601 Adelphi Road
College Park, Maryland, 20740-6001
301-837-3642

---------- Forwarded message ---------
From: <requests@muckrock.com>
Date: Wed, May 24, 2023 at 9:02 PM
Subject: Freedom of Information Act Request: Records on 45th Infinity
Division Swastika Patch
To: <foia@nara.gov>

Nat'l Archives & Records Admin
FOIA Office
Room 3110
8601 Adelphi Road
College Park, MD 20740

May 24, 2023

To Whom It May Concern:

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

National Archives and Records Administration
Office of the General Counsel
8601 Adelphi Road
College Park, MD 20740-6001

Subject: Freedom of Information Act Request – Record on 45th Infinity
Division Swastika Patch

Dear Sir/Madam,

I am writing to submit a formal request under the Freedom of Information
Act (5 U.S.C. § 552) for access to records held by the National Archives
and Records Administration (NARA) pertaining to the 45th Infinity Division
Swastika Patch. This request aims to obtain a comprehensive understanding
of the historical significance of the swastika patch within the 45th
Infinity Division during the specified time frame.

Category Points:

Historical Context:
a. Records providing the historical background and origins of the 45th
Infinity Division Swastika Patch.
b. Records detailing the adoption, usage, and symbolism of the swastika
patch within the division.
c. Records documenting the perception and interpretation of the swastika
symbol during the relevant time frame.
Design and Regulation:
a. Records outlining the design, creation, and manufacturing process of the
45th Infinity Division Swastika Patch.
b. Records pertaining to any regulations, guidelines, or directives
governing the use and display of the swastika patch within the division.
c. Records indicating any revisions, modifications, or changes to the
swastika patch design or regulations over time.
Distribution and Usage:
a. Records detailing the distribution methods and channels for the swastika
patches within the 45th Infinity Division.
b. Records illustrating the frequency and extent of usage of the swastika
patch by the division's personnel.
c. Records documenting any official ceremonies, events, or activities where
the swastika patch was prominently displayed or worn.
Public Perception and Controversies:
a. Records reflecting public opinion, media coverage, and public response
to the usage of the swastika patch by the 45th Infinity Division.
b. Records highlighting any controversies, debates, or objections raised
regarding the symbolism of the swastika patch within the division or in
wider society.
c. Records documenting official responses, statements, or actions taken in
response to public concerns or controversies related to the swastika patch.
Therefore, I kindly request your assistance in providing access to records
falling within the aforementioned categories, as they pertain to the 45th
Infinity Division Swastika Patch. The designated time frame for this
request is from the inception of the 45th Infinity Division until the
present day. I request that you include all relevant materials available in
NARA's custody up until the date of this FOIA request.

Furthermore, I remind you of the importance of preserving and not deleting
any responsive records. The deliberate destruction of such records may
result in legal consequences and accountability.

In support of this Freedom of Information Act request, I would like to
reference relevant court cases affirming the public's right to access
government records. These cases demonstrate the legal basis for granting
access to the requested records. The court cases are as follows:

Department of Justice v. Reporters Committee for Freedom of the Press, 489
U.S. 749 (1989)
Detroit Free Press v. Department of Justice, 73 F.3d 93 (6th Cir. 1996)
Judicial Watch, Inc. v. U.S. Department of Justice, 102 F. Supp. 2d 6
(D.D.C. 2000)
These court cases establish the importance of transparency and access to
government records, particularly in cases where the requested information
holds historical significance.

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,

Jordan Lassiter

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Dear Jordan Lassiter:

This is in response to your Freedom of Information Act request regarding
records related to the 45th Infinity Division Swastika Patch. Your request
was received in this office on May 30, 2023 with the assigned control
number 23-44722.

We conducted a search of our finding aids, holdings, and NARA’s online
catalog but were unsuccessful in locating records responsive to your
request. We specifically reviewed the following series of records.

*Records of the Adjutant General's Office, 1917- (Record Group 407)*

Entry PI-17 37-H

Central Decimal File, 1926-1939

Boxes 2481-2482

Files listed under 421.7 – Insignia

Entry NM-3 427

World War II Operations Reports

Box 9260

Files listed under 345-0 and 345-0.1 – unit histories

We make reasonable efforts to assist researchers with their work. As a
matter of policy, the National Archives is staffed to assist researchers
with their work, including but not limited to pointing researchers to
helpful finding aids to begin their research. However, given the
limitations on staff resources, we do not generally conduct substantive
research in response to requests filed under the Freedom of Information
Act, except in circumstances where documents are easily locatable.

Information relating to heraldic items such as coats of arms or historic
insignia, uniforms, flags, colors, streamers, and guidons of military units
can be obtained by writing the U.S. Army Institute of Heraldry, 9325
Gunston Road, Room S-112, Fort Belvoir, VA 22060-5579 or call (703)
806-4971. Their web site is https://tioh.army.mil/.

Additionally, you may want to contact the Oklahoma National Guard. The
website is https://ok.ng.mil/.

We do not consider this a denial of your FOIA request. However, if you are
not satisfied with our action on this request, your options for appeal and
dispute resolution are outlined in the attached enclosure. If you have any
questions, you may reach us at archives2reference@nara.gov.

This completes the processing of your request.

Sincerely,

SUZANNE ZOUMBARIS

Textual Reference Archives II Branch (RR2RR)

National Archives at College Park, MD

RR2RR 23-44722

EMAIL: requests@muckrock.com