Small Arms Fire Attack Against Coalition Forces, January 2, 2004

David Scantling filed this request with the United States Central Command - CENTCOM of the United States of America.
Tracking #

17-0557

Due July 17, 2017
Est. Completion None
Status
Awaiting Response

Communications

From: David Scantling

Dear FOIA Officer:

1. This is a request under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, submitted to the United States Central Command ("CENTCOM") of the United States Department of Defense ("DoD").

2. I hereby request agency records related to the Small Arms Fire ("SAF") attack on January 2, 2004, near Fallujah, Iraq, that killed United States Army Captain ("CPT") Kimberly N. Hampton while conducting an OH-58 close air support mission during Operation Iraqi Freedom ("OIF") in the CENTCOM Area of Responsibility ("AOR"). The SAF attack occurred at Military Grid Reference System (“MGRS”) 38SLB8429589389.

2.1. CPT Hampton was assigned to the 1st Squadron (Air), 17th Cavalry, 82nd Aviation Brigade, Fort Bragg, North Carolina.

3. The following constraints limit this FOIA request:

3.1. Only specific agency documents related to this SAF attack are requested, including:

3.1.1. Combined Information Data Network Exchange ("CIDNE") Significant Activity ("SIGACT") report(s);
3.1.2. Medical Evacuation ("MEDEVAC") 9–Line transcript(s);
3.1.3. Assault Support Request(s) ("ASR");
3.1.4. Composite Timeline report(s);
3.1.5. Storyboard report(s);
3.1.6. Serious Incident Report(s) ("SIR");
3.1.7. Weapons Team Intelligence report(s);
3.1.8. Intelligence Directorate (“C2”) Operations Watch Highlights report(s);
3.1.9. Battle Damage Assessment (“BDA”) reports(s);
3.1.10. Multi National Division ("MND")/Multi National Corps–Iraq ("MNC–I") Update report(s);
3.1.11. Multi National Force–Iraq ("MNF–I") Battle Update Assessment(s) ("BUA") briefing slides;
3.1.12. AR 15–6 Investigation reports (s) and/or Command Directed Investigation (“CDI”) report(s);
3.1.13. Hospital casualty update report(s);
3.1.14. Defense Casualty Information Processing System–Forward ("DCIPS–CF") report(s).

3.2. Excluding any documents containing the agency’s deliberative material or recommendations;
3.3. Excluding any documents classified Top Secret (“TS”), Sensitive Compartmented Information (“SCI”), and/or Special Access Program (“SAP”); however,
3.4. Including all of CENTCOM’s responsive documents that are classified below the TS, SCI and/or SAP levels; for example, any documents marked Unclassified (“U”), Sensitive But Unclassified (“SBU”), For Official Use Only (“FOUO”), Confidential (“C”), Law Enforcement Sensitive (“LES”), and/or Secret (“S”).

4. Although FOIA has always presumed that government records are open to public inspection, the FOIA Improvement Act of 2016, Pub. L. 114-185, prohibits agencies from withholding records unless (1) “disclosure is prohibited by law” or (2) “the agency reasonably foresees that disclosure would harm an interest protected by” one of FOIA’s exemptions. 5 U.S.C. § 552(a)(8)(A). Thus, in addition to FOIA favoring disclosure and requiring its exemptions to be narrowly construed, Section 552(a)(8)(A) prohibits agencies from using their discretion to broadly withhold records merely because they believe an exemption could technically apply.

5. In order to expedite CENTCOM’s release of the requested documents, please disclose them on an interim, rolling basis as they become available; for example, without waiting for all of the agency’s relevant systems of record to be searched, or all of its relevant records to be processed. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

6. If CENTCOM’s processing costs for this request exceed $350.00, please notify me in advance so that I might consider paying any additional fees for a complete and accurate set of responsive documents. The requested documents will be made available to the general public and this request is not being made for commercial purposes.

7. 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,

David Scantling

From: United States Central Command - CENTCOM

An acknowledgement letter, stating the request is being processed.

From: United States Central Command - CENTCOM

An interim response, stating the request is being processed.

From: CENTCOM Macdill AFB CENTCOM HQ Mailbox Freedom of Information Act

Dear Mr. Scantling,

USCENTCOM is still processing your request. Your request is #512 in our queue.

Respectfully,

FOIA Team

FOIA Requester Service Center

USCENTCOM/J6-RDF

(813) 529-6285

From: United States Central Command - CENTCOM

Sir,

USCENTCOM is still processing your request. You are currently #459 in the USCENTCOM queue.

v/r

Steven

Steve,
Please provide an update. Thanks.

Evlyn A. Hearne
Chief, FOIA/PA
(813)529-6135 (Comm)
(302)529-6136 (VOSIP)
(NIPR): evlyn.a.hearne.civ@mail.mil
(SIPR): evlyn.a.hearne.civ@mail.smil.mil
(JWICS): evlyn.a.hearne@coe.ic.gov

From: United States Central Command - CENTCOM

Sir,

USCENTCOM is still processing your request. You are currently #423 in the USCENTCOM queue.

v/r

Steven

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