Surface to Air Missile Attack Against Coalition Forces in Iraq, January 20, 2007

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

38809

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 Surface to Air Missile ("SAM") attack on January 20, 2007, near Baghdad, Iraq, that killed United States Army Colonel ("COL") Brian D. Allgood; COL Paul M. Kelley; Lieutenant Colonel ("LTC") David. C Canegata, III; Major ("MAJ") Michael V. Taylor; Captain ("CPT") Sean E. Lyerly; Command Sergeant Major ("CSM") Roger M. Haller; Sergeant Major ("SGM") Marilyn L Gabbard; First Sergeant ("1SG") William T. Warren; Sergeant First Class ("SFC") John G. Brown; Staff Sergeant ("SSG") Daryl D. Booker; SSG Floyd E. Lake; and Corporal ("CPL") Victor M. Langarcia while conducting an UH-60A air assault mission during Operation Iraqi Freedom ("OIF") in the CENTCOM Area of Responsibility ("AOR"). The SAM attack occurred at Military Grid Reference System (“MGRS”) 38SMC6688600015.

2.1. COL Allgood was assigned to the Headquarters Company, 30th Medical Brigade, V Corps, Heidelberg, Germany;
2.2. COL Kelley was assigned to Joint Forces Headquarters, Blackstone, Virginia;
2.3. LTC Canegata and SSG Lake were assigned to the Joint Forces Headquarters, Virgin Islands Army National Guard, Christiansted, Saint Croix, US Virgin Islands;
2.4. MAJ Taylor, 1SG Warren, and SFC Brown were assigned to Company B, 1st Battalion, 185th Aviation, Camp Robinson, North Little Rock, Arkansas;
2.5. CPT Lyerly was assigned to the Headquarters Company, 36th Aviation Brigade, Austin, Texas;
2.6. CSM Haller was assigned to Headquarters, 70th Regiment, Camp Fretterd, Reisterstown, Maryland;
2.7. SGM Gabbard was assigned to Joint Forces Headquarters, Forward, Fort Bliss, Texas;
2.8. SSG Booker was assigned to the 29th Tactical Command Post, Sandston, Virginia;
2.9. CPL Langarica was assigned to Company B, 86th Signal Battalion, Fort Huachuca, Arizona;
2.10. The UH-60A's tail number was 84-23984, with a call sign of "EASY 40"; and,
2.11. The Combined Information Data Network Exchange–Iraq ("CIDNE–I") database report key associated with the SAM attack data is 3FC63644-1143-D62E-D1BA59E83C3A1590.

3. The following constraints limit this FOIA request:

3.1. Only specific agency documents related to this SAM 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. Detainee SPOT report(s);
3.1.13. AR 15–6 Investigation reports (s) and/or Command Directed Investigation (“CDI”) report(s);
3.1.14. Hospital casualty update report(s);
3.1.15. 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

Sir,

Please use the FOIA Case number assigned to you when requesting status on the FOIA Request.
The number you used is not a USCENTCOM FOIA Case Number - Request number 38809

Your information: FOIA Case #17-0535 currently 415 in our queue.

Respectfully,
US CENTRAL COMMAND (USCENTCOM)
FOIA Requester Service Center
(813) 529-6285

From: United States Central Command - CENTCOM

Sir,

You are currently number 250 in our FOIA queue.
Thanks,

Steven

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