USS Liberty War Crimes Report Investigation Report (National Archives and Records Administration)

Dear Mr. Meadors:

Thank you for submitting your Freedom of Information Act (FOIA) request.
Your request has been referred to the National Archives and Records
Administration (NARA) via foia@nara.gov. We received your request on September
30, 2022. Your request states:

*"On June 8, 2005 the USS Liberty Veterans Association filed “A Report: War
Crimes Committed Against U.S. Military Personnel, June 8, 1967” to the
Department of the Army.
https://www.documentcloud.org/documents/22135684-wcr-with-exhibits
<https://www.documentcloud.org/documents/22135684-wcr-with-exhibits> The
DoD Law of War Program requires the DoD to investigate all alleged
violations of the laws of war, whether committed by or against the United
States. We request a copy of the Report of the Investigation conducted by
the Department of Defense into the allegations in the aforementioned War
Crimes Report."*

Our office uses the *foia@nara.gov <foia@nara.gov> *account for FOIA and
Privacy Act requests for the National Archives and Records Administration's
operational records (records created by this agency). Because your request
is for records that may be textual 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 such archival records.

Textual Reference will assign you a new tracking number and respond
directly to you. In the future, if you need to follow up with that office,
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 submitting 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
301-837-3409

---------- Forwarded message ---------
From: <requests@muckrock.com>
Date: Fri, Sep 30, 2022 at 5:28 AM
Subject: Freedom of Information Act Request: USS Liberty War Crimes Report
Investigation Report (National Archives and Records Administration)
To: <foia@nara.gov>

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

September 30, 2022

To Whom It May Concern:

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

On June 8, 2005 the USS Liberty Veterans Association filed “A Report: War
Crimes Committed Against U.S. Military Personnel, June 8, 1967” to the
Department of the Army.
https://www.documentcloud.org/documents/22135684-wcr-with-exhibits

The DoD Law of War Program requires the DoD to investigate all alleged
violations of the laws of war, whether committed by or against the United
States.

We request a copy of the Report of the Investigation conducted by the
Department of Defense into the allegations in the aforementioned War Crimes
Report.

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,

Joe Meadors

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PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 132924
263 Huntington Ave
Boston, MA 02115

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is
being sent through MuckRock by the above in order to better track, share,
and manage public records requests. Also note that improperly addressed
(i.e., with the requester's name rather than "MuckRock News" and the
department number) requests might be returned as undeliverable.

Joe Meadors
MuckRock News
DEPT MR 132924
263 Huntington Ave
Boston, MA 02115

Dear Mr. Meadors,

This is in response to your Freedom of Information Act request dated
September 30, 2022, where you have requested records related to the
Department of Defense’s investigation into the 2005 filing of a report on
War Crimes against US Military Personnel during the attack on the USS
Liberty (AGTR 5) on June 8, 1967. Your request was received by the
Reference Branch (RR2RR) on October 7, 2022 with the assigned tracking
number 23-00947.

We have searched our holdings in Record Group 330: Records of the
Department of Defense, and we were unable to locate the records you have
requested.

If the report on the War Crimes by the USS Liberty Association was not
filed until 2005, and then it would be logical that the Department of
Defense did not investigate their findings until 2005 or later.

We searched for series in RG 330 dating from 2005 onwards and we did not
locate any series relating to investigations into war crimes (outside of
the Persian Gulf Wars) or the USS Liberty.

Typically, records from agencies are generally not accessioned to the
National Archives until they are at least 30 years old if not older. There
are some exceptions, but those exceptions did not include material related
to your topic.

We would recommend contacting the Department of Defense’s Records Manager
for further information:

Rodolph Morrison
Department of Defense
DOD CIO
4800 Mark Center Dr.
Suite, 11G18
Alexandria, VA 22311
osd.pentagon.dod-cio.mbx.dod-records-officer@mail.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,

NATHANIEL PATCH
Archivist, Archives II Reference Section (RR2RR)
National Archives at College Park, MD

*FOIA Appeal and Dispute Resolution Options*

You have the right to file an administrative appeal in writing via regular
U.S. mail or email. Your appeal should be received within ninety (90)
calendar days from the date of this letter and it should explain why you
believe this response does not meet the requirements of the Freedom of
Information Act. Please address it to the Deputy Archivist of the United
States (ND), National Archives and Records Administration, 8601 Adelphi
Road, College Park, Maryland 20740. Both the letter and the envelope
should be clearly marked “Freedom of Information Act Appeal.” You may also
submit your appeal to FOIA@nara.gov also addressed to the Deputy Archivist.
All correspondence should reference your internal case tracking number
23-00947.

In addition to your right to file an administrative appeal with the Deputy
Archivist, you may seek assistance from our FOIA Public Liaison, Rebecca
Calcagno. Contact information for the FOIA Public Liaison at the National
Archives, Washington DC area is as follows:

Accessioned Executive Branch Agency Records - Washington, DC Area
FOIA Public Liaison: Rebecca Calcagno
8601 Adelphi Road, Room 5500
College Park, MD 20740-6001
Email: DC.foia.liaison@nara.gov
Telephone: 301-837-3190

You may also contact the Office of Government Information Services (OGIS),
the Federal FOIA Ombudsman’s office, for assistance. OGIS offers mediation
services to help resolve disputes between FOIA requesters and Federal
agencies. The contact information for OGIS is:
Office of Government Information Services
National Archives and Records Administration
8601 Adelphi Road–OGIS
College Park, MD 20740-6001
Email: ogis@nara.gov
https://www.archives.gov/ogis
Phone: 202-741-5770 or 1-877-684-6448

NATHANIEL PATCH
Archivist, Archives II Reference Branch (RR2RR)
National Archives at College Park, MD
"Pax per scientiam"

Original Request:

Joe Meadors

MuckRock News

DEPT MR 132924

263 Huntington Ave

Boston, MA 02115

Dear Mr. Meadors,

This is in response to your Freedom of Information Act request dated
September 30, 2022, where you have requested records related to the
Department of Defense’s investigation into the 2005 filing of a report on
War Crimes against US Military Personnel during the attack on the USS
*Liberty* (AGTR 5) on June 8, 1967. Your request was received by the
Reference Branch (RR2RR) on October 7, 2022 with the assigned tracking
number 23-00947.

We have searched our holdings in Record Group 330: Records of the
Department of Defense, and we were unable to locate the records you have
requested.

If the report on the War Crimes by the USS Liberty Association was not
filed until 2005, and then it would be logical that the Department of
Defense did not investigate their findings until 2005 or later.

We searched for series in RG 330 dating from 2005 onwards and we did not
locate any series relating to investigations into war crimes (outside of
the Persian Gulf Wars) or the USS *Liberty*.

Typically, records from agencies are generally not accessioned to the
National Archives until they are at least 30 years old if not older. There
are some exceptions, but those exceptions did not include material related
to your topic.

We would recommend contacting the Department of Defense’s Records Manager
for further information:

Rodolph Morrison

Department of Defense

DOD CIO

4800 Mark Center Dr.

Suite, 11G18

Alexandria, VA 22311

osd.pentagon.dod-cio.mbx.dod-records-officer@mail.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,

NATHANIEL PATCH

Archivist, Archives II Reference Section (RR2RR)

National Archives at College Park, MD

*FOIA Appeal and Dispute Resolution Options*

You have the right to file an administrative appeal in writing via regular
U.S. mail or email. Your appeal should be received within ninety (90)
calendar days from the date of this letter and it should explain why you
believe this response does not meet the requirements of the Freedom of
Information Act. Please address it to the Deputy Archivist of the United
States (ND), National Archives and Records Administration, 8601 Adelphi
Road, College Park, Maryland 20740. Both the letter and the envelope
should be clearly marked “Freedom of Information Act Appeal.” You may also
submit your appeal to FOIA@nara.gov also addressed to the Deputy Archivist.
All correspondence should reference your internal case tracking
number 23-00947.

In addition to your right to file an administrative appeal with the Deputy
Archivist, you may seek assistance from our FOIA Public Liaison, Rebecca
Calcagno. Contact information for the FOIA Public Liaison at the National
Archives, Washington DC area is as follows:

Accessioned Executive Branch Agency Records - Washington, DC Area
FOIA Public Liaison: Rebecca Calcagno
8601 Adelphi Road, Room 5500
College Park, MD 20740-6001
Email: DC.foia.liaison@nara.gov
Telephone: 301-837-3190

You may also contact the Office of Government Information Services (OGIS),
the Federal FOIA Ombudsman’s office, for assistance. OGIS offers mediation
services to help resolve disputes between FOIA requesters and Federal
agencies. The contact information for OGIS is:
Office of Government Information Services
National Archives and Records Administration
8601 Adelphi Road–OGIS
College Park, MD 20740-6001
Email: ogis@nara.gov
https://www.archives.gov/ogis
<https://www.archives.gov/ogis>
Phone: 202-741-5770 or 1-877-684-6448

NATHANIEL PATCH
Archivist, Archives II Reference Branch (RR2RR)
National Archives at College Park, MD
"Pax per scientiam"

Original Request: