Frank Vera III
P.O. Box 1313
Jamestown, CA 95327-1313
10 November 2015
By Fax: (703) 428-6522
U.S. Army Freedom of Information Office
Casey Building, Suite 150
7701 Telegraph Road
Alexandria, VA 22315-3905
Phone: (703) 428-6238
Lt. Gen. David Halverson’s order regarding the Army’s older buildings and their occupants
Dear FOIA Officer:
Please process this request pursuant to the Freedom of Information Act, 5 U.S.C. § 552.
I request a complete and unredacted printout or export of:
- Gen. David Halverson’s order and supporting records instructing Base Commanders to relocate the occupants of its older buildings and place the buildings into long-term mothball status and/or demolish them.
According to a news article in the FederalNewsRadio.com “Army tells commanders to move out of and mothball older facilities” – 19 October 2015
“Lt. Gen. David Halverson, the commander of Army Installation Management Command has just signed an execution order telling base commanders to consolidate their personnel into the newest buildings they have and do everything they can to clear out of older, half-empty facilities.” See: http://federalnewsradio.com/army/2015/10/army-tells-commanders-move-mothball-older-facilities/
In excising material, please “black out” rather than “white out” or “cut out.” Additionally, any reasonably segregable portion of a responsive record must be provided to me after redaction of any allegedly exempt material, as the law requires. 5 U.S.C. § 552(b). If this request is denied, in full or in part, please cite the exemptions pursuant to 5 U.S.C. § 552(b) that justify the denial. If an exemption applies, however, please consider exercising the agency’s discretionary release powers to disclose the information.
When processing this request, please note that the D.C. Circuit has previously held that agencies have a duty to construe the subject material of FOIA requests liberally to ensure responsive records are not overlooked. See Nation Magazine, Washington Bureau v. U.S. Customs Service, 71 F.3d 885, 890 (D.C. Cir. 1995).
In line with the guidance issued by the Department of Justice (“DOJ”) on 9 September 2008 to all federal agencies with records subject to FOIA, agency records that are currently in the possession of a U.S. Government contractor for purposes of records management remain subject to FOIA. Please ensure that your search complies with this clarification on the effect of Section 9 of the OPEN Government Act of 2007 of the definition of a “record” for purposes of FOIA. In addition, the Air Force should not interpret this request to exclude correspondence sent to outside third parties. Please also consider this letter an affirmative rejection of any limitation of your search to Air Force originated records.
Definition of Record
The term “record” includes, but is not limited to: 1) all email communications to or from any individual within your agency; 2) memoranda; 3) inter-agency communications; 4) sound recordings; 5) tape recordings; 6) video or film recordings; 7) photographs; 8) notes; 9) notebooks; 10) indices; 11) jottings; 12) message slips; 13) letters or correspondence; 14) telexes; 15) telegrams; 16) facsimile transmissions; 17) statements; 18) policies; 19) manuals or binders; 20) books; 21) handbooks; 22) business records; 23) personnel records; 24) ledgers; 25) notices; 26) warnings; 27) affidavits; 28) declarations under penalty of perjury; 29) unsworn statements; 30) reports; 31) diaries; 32) calendars, regardless of whether they are handwritten, printed, typed, mechanically or electronically recorded or reproduced on any medium capable of conveying an image, such as paper, CDs, DVDs, or diskettes.
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. I am willing to pay $15.00 dollars. I look forward to receiving the complete and unredacted documents within twenty (20) business days. If you wish to discuss this request, please do not hesitate to contact me at 209-782-4541.
Thank you for processing this FOIA request.
Frank Vera III Date