|Submitted||Feb. 14, 2014|
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To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
A copy of each of the 1698 bibliographic references located by Tracy Lay while processing FP-11-041212 and FB-11-0045.
I am requesting all records, whether or nor they are under the authority of your agency. If your search locates records under the authority of another entity, please refer those records to that entity. Do not limit the search to only the records you have the authority to release.
This is a non-commercial request. After reviewing the records, I may use the information to create a news media story for publication. However, I have no commercial interest in the information. I agree to fees up to $25. If fees are expected to exceed this amount, please let me know before continuing.
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.
Hello Mr. Smathers:
Please see our attached response to your request.
Tonya N. McGlon
FOIA & Privacy Officer/Paralegal Specialist
US Army Dugway Proving Ground
Command Judge Advocate: TEDT-DP-JA
5450 Doolittle Avenue
Dugway, UT 84022
PH: 435 831-3333
FAX: 435 831-3390
Please use this email address to communicate about this request.
My request provided sufficient information to locate the records sought, which is sufficient under the statue. Please either process my request or provide proper appeals information so I may escalate the issue.
Support Services Team/FOIA Officer
Secretary of the General Staff
US Army Test and Evaluation Command
2202 Aberdeen Boulevard – Third Floor
Aberdeen Proving Ground, MD 21005-5001
March 6, 2014
Dear Appeals Authority:
This is an appeal under the Freedom of Information Act.
On February 14, 2014, I requested a copy of each of the 1698 bibliographic references located by Tracy Lay while processing FP-11-041212 and FB-11-0045 from Dugway Proving Ground’s FOIA Office.
On February 20, 2014 I was informed via letter that my request was closed because it did not reasonably describe the records I was seeking. This denial did not include appeals details. On February 22, 2014, I submitted a follow up email asking for my request to be processed, asserting that I did in fact describe the records I was seeking in a manner that would allow someone familiar with the records to locate them, or in the alternative, I request appeal rights and details.
Via letter dated February 24, 2014, I was informed that I did not provide sufficient information to locate the records I sought and was provided the proper address for an appeal. I hereby appeal.
You will notice that my request is for specific records already located by the FOIA office. I requested “a copy of each of the 1698 bibliographic references located by Tracy Lay while processing FP-11-041212 and FB-11-0045 from Dugway Proving Ground’s FOIA Office.” I am requesting specific records that have already been located by the FOIA Office. Therefore, it is absurd to state that I have not provided sufficient detail to locate the records, as they have already been located.
To provide some background on this request, on August 3, 2011 I made a request for “a technical report bibliography from all sources available at WDTIC and all years of reports with the subject or keyword of any of the following: embryo, embryonated egg technique , dry heat, ethnic weapon, experimental animal, firing table, foreign technology gene, gene cloning, gene encoding, gene expression, gene mapping, gene probe, gene sequence, genetic, genetic alteration, genetic engineering, genetic expression, genetic manipulation, genetic mapping, genetic recombination, cloning neurotoxin, cloning, clones, clone, mitogens clone, mitogen clone”
On November 16, 2011 I was informed via letter from Kateni T. Leakehe that my request was closed because no responsive documents were located. However, more recently, I have obtained records of communication concerning this 2011 FOIA request which demonstrate that responsive records were found. 1,698 Bibliographic references were located in a search completed by Tracy Lay while processing FP-11-041212 and FB-11-0045. These already located records are the records I am requesting.
While reviewing the internal communication concerning my previous request, I found that the problem Dugway proving Ground had with processing this request was self-imposed. Dugway proving Ground holds records that they do not themselves have release authority over. They attempted to sort the 1698 records and limit the search to only those they have release authority over. They spent 12 hours of time trying to select only the records they maintain release authority over using an electronic search. However, I did not limit my request in 2011, nor am I limiting my 2014 request to records they have release authority over. I am including this internal communication as an attachment to this appeal.
For the reasons herein and all other reasons the appeals authority deems appropriate, I appeal the withholding of the 1689 bibliographic references requested.
Finally, when responding to this appeal, please use the address provided on this appeal. Dugway Proving Ground has been using the wrong address to communicate about this request.
PO BOX 55819
Boston, MA 02205-5819
Dear Mr. Smathers,
This is in response to your Freedom of Information Act (FOIA)
request received in our office dated March 6, 2014. You are requesting 1698
bibliographic references located by an employee assigned to U.S. Army Dugway
Proving Ground. This request was made in conjunction with a previous
request FP-11-041212, where you submitted a FOIA request requesting a search
be conducted using multiple terms.
Your response was processed in accordance with Title 5 United States Code
552, The Freedom of Information Act. We have attached the requested
If this office can be of further assistance, please contact us at the
Policy Specialist/FOIA Officer
U.S. Army Test and Evaluation Command
2202 Aberdeen Boulevard-Third Floor
Aberdeen Proving Ground, Maryland 21005