Thelbert David Morgan Military Record (U.S. Department of Veterans Affairs)
| Tracking # |
21-09731-F |
| Multi Request | Thelbert David Morgan Military Record |
| Submitted | May 27, 2021 |
| Est. Completion | None |
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Communications
From: jimmie lee staley
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Mr. Morgan is a candidate for mayor in Pensacola, FL. I believe he has a sealed investigation that he fraudulently covered up. I am looking to see if he was ever "under investigation"
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,
jimmie lee staley
From: U.S. Department of Veterans Affairs
Dear Jimmie Staley,
This email acknowledges receipt of your Freedom of Information Act (FOIA) request to the Department of Veterans Affairs (VA) dated May 27, 2021, in which you are seeking:
* "I hereby request the following records: Mr. Morgan is a candidate for mayor in Pensacola, FL. I believe he has a sealed investigation that he fraudulently covered up. I am looking to see if he was ever "under investigation"."
The FOIA Service received your request on May 6, 2021, and assigned it FOIA tracking number 21-06248-F. Please refer to this number when communicating with the VA about this request.
The FOIA provides that agencies are to search for records responsive to FOIA requests that "reasonably describe" the records requested. Further clarification is needed before we can process your request. According to our regulations, a request for records "must contain a reasonable description of the records desired so that it may be located with relative ease." Per 38 CFR, 1.554(d), the requester's description of the records sought needs to describe such records in enough detail to allow VA FOIA Officers to locate them with a "reasonable amount of effort." To the extent possible, the requester should include specific information about each record sought, such as the date, title or name, author, recipient and subject matter, building name, etc. Wide ranging requests that lack specificity or contain descriptions of very general subject matters with no description of specific records may be considered "not reasonably described. Please be advised, your request as currently written does not allow the VA to design a search that will ensure the production of any records."
Courts have held that agencies are not required to conduct wide-ranging, "unreasonably burdensome" searches for records. FOIA was not intended to reduce government agencies to full-time investigators on behalf of requesters. AFGE v. U.S. Dep't of Commerce, 907 F.2d 203, 209 (D.C. Cir. 1990) (holding that "while [plaintiff's requests] might identify the documents requested with sufficient precision to enable the agency to identify them... it is clear that these requests are so broad as to impose an unreasonable burden upon the agency," because agency would have "to locate, review, redact, and arrange for [the] inspection [of] a vast quantity of material"). If you would like to continue with your request, it is important that you respond to this letter.
In accordance with VA's FOIA regulations, found at 38 C.F.R. ยง 1.554(d)(4), I am allowed to grant you 30 calendar days to provide clarification on your request. If I have not heard from you within 30 calendar days (Friday, July 4, 2021) I am required to administratively close your request. You retain the right to re-file a new proper request with defined search terms. Your request will be "tolled" until we receive your response.
We appreciate your interest in the VA. If you have any questions concerning this letter, you may contact me, James Killens III, at (202) 632-7728..
Sincerely,
James Killens III
VACO FOIA Service
From: U.S. Department of Veterans Affairs
Dear Mr. Staley:
This letter acknowledges receipt of your Freedom of Information Act (FOIA) request to the Department of Veterans Affairs (VA) dated September 30, 2021, in which you are seeking:
* "all Article 32 reports of investigations (ROI) and all courts-martial records of trial (ROT) concerning Thelbert David Morgan. Morgan is a candidate for mayor in Pensacola, Florida, and there is substantial public interest in releasing these records if they exist. As the Air Force Judge Advocate General has opined: "Generally speaking, there is usually a sufficient public interest in military criminal justice proceedings to require release of some requested information.... Thus, once a request for an Article 32 hearing ROI or ROT is made pursuant to the FOIA, the Air Force will usually be required to release at least some of the requested records."
https://www.afjag.af.mil/LinkClick.aspx?fileticket=w4KTHQlNyXw%3D&portalid=77."
The FOIA Service received your request on September 30, 2021 and assigned it FOIA tracking number 21-09731-F. Please refer to this number when communicating with the VA about this request.
The Department of Veterans Affairs does not possess or maintain the records you are seeking. This information should be requested from the Branches of Service noted, The Department of the Air Force, and you can find their FOIA contact information at this link https://www.esd.whs.mil/FOID/Military-Services/
The FOIA Service will not take any further action on your request, and we are closing our tracking number 21-09731-F.
This concludes the FOIA Service's response to your request.
We appreciate your interest in the VA.
Sincerely,
Paula Presley
Department of Veterans Affairs
VACO FOIA Service (005R1C)
Quality, Performance, and Risk (QPR)
Office of Information and Technology (OIT)
Cell: 202-276-0413
Fax: (202) 632-7581
vacofoiaservice@va.gov<mailto:vacofoiaservice@va.gov>
FOIA Service Hotline: 1-877-750-3642
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 27, 2021. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 27, 2021. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 27, 2021. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: U.S. Department of Veterans Affairs
Dear Mr. Staley:
This letter acknowledges receipt of your Freedom of Information Act (FOIA) request to the Department of Veterans Affairs (VA)
The FOIA Service will not take any further action on your request, and we are closing our tracking number 21-09731-F.
This concludes the FOIA Service's response to your request.
We appreciate your interest in the VA.
Sincerely,
Denetria Holley
FOIA Analyst, TechOPS Contractor
VA FOIA Service (005R1C)
Quality, Performance, and Risk (QPR)
Office of Information and Technology (OI&T)
Fax: 202-632-7581
Hotline: 1-877-750-3642
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 27, 2021. Please let me know when I can expect to receive a response. You had assigned it reference number #21-09731-F.
Thanks for your help, and let me know if further clarification is needed.
From: U.S. Department of Veterans Affairs
Dear Mr. Staley:
The FOIA Service received your request on September 30, 2021 and assigned it FOIA tracking number 21-09731-F. Please refer to this number when communicating with the VA about this request.
The Department of Veterans Affairs does not possess or maintain the records you are seeking. This information should be requested from the Branches of Service noted, The Department of the Air Force, and you can find their FOIA contact information at this link https://www.esd.whs.mil/FOID/Military-Services/
The FOIA Service will not take any further action on your request, and we are closing our tracking number 21-09731-F.
This concludes the FOIA Service's response to your request.
We appreciate your interest in the VA.
v/r,
Denetria Holley
FOIA Analyst, TechOPS Contractor
VA FOIA Service (005R1C)
Quality, Performance, and Risk (QPR)
Office of Information and Technology (OI&T)
Fax: 202-632-7581
Hotline: 1-877-750-3642
Files
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