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Global Military Personnel Law Practice

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    • Contact Now
    • Practice Areas
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    • Combat Related Pay
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    • Investigations
    • Promotion Review Boards
    • Security Clearance
    • Blog
    • Prior Cases

PENTAGON LAW OFFICE
Global Military Personnel Law Practice

PENTAGON LAW OFFICE Global Military Personnel Law Practice PENTAGON LAW OFFICE Global Military Personnel Law Practice PENTAGON LAW OFFICE Global Military Personnel Law Practice
  • Home
  • Contact Now
  • Practice Areas
  • Your Rights
  • Court of Federal Claims
  • Administrative Actions
  • Barment - Base Access
  • Combat Related Pay
  • Correct Military Records
  • Debarment and Suspension
  • Firearm Related Challenge
  • FOIA Appeals
  • Investigations
  • Promotion Review Boards
  • Security Clearance
  • Blog
  • Prior Cases

Freedom of information act appeals

The Freedom of Information Act

The Freedom of Information Act or FOIA gives the right to request access to federal agency records or information.  This is very important because many times Service members do not have access to all the records but at the same time they have the burden of proof to show that they are entitled to relief. Generally, the U.S. Government enjoys the presumption of regularity and that public officials act in good faith. One way to meet this burden is to show records or documents that public officials did not comply with their own regulations. There are however numerous exemptions. If your Freedom of Information Act request is denied, you may consider appealing it.


Generally, there are 9 exemptions that authorize the U.S. Government to withhold information. They are:

          

  1. classified information for national defense or foreign policy
  2. internal personnel rules and practices
  3. information that is exempt under other laws
  4. trade secrets and confidential business information
  5. inter-agency or intra-agency memoranda or letters that are protected by legal privileges
  6. personnel and medical files
  7. law enforcement records or information
  8. information concerning bank supervision
  9. geological and geophysical information


There are also exclusions. Exclusions involve:

         1.   ongoing investigations

         2.   informant records

         3.   foreign intelligence and counter-intelligence, or international terrorism records - when they are classified.


You can learn more about FOIA here. 


You can read about general tips for filing a FOIA request here.



FOIA appeal

disclaimer

CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE; 

CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER

REPRESENTATIVE CASES

FOIA Appeal Freedom of Information Act attorney

Overredactions and Non-Segregation of Records

Service member filed a Freedom of Information Act request to request records concerning an administrative investigation. The FOIA response was over-redacted and not segregated, and the agency used an improper exemption. After the appeal was filed, the appellate authority granted the appeal in part and it denied it in part. The appellate authority remanded it to the agency to corrected the overredactions and segregate the documents

Freedom of Information Act attorney

Closed Investigation

The agency denied a Freedom of Information Act request stating that the investigation was ongoing. Filed an appeal showing proof that the investigation was closed. The appellate authority reviewed the appeal, coordinated with the agency, and it remanded it to the agency stating that new facts could warrant release of responsive documents.


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  • Court of Federal Claims
  • Administrative Actions
  • Correct Military Records
  • Debarment and Suspension
  • Promotion Review Boards
  • Security Clearance
  • Blog
  • Prior Cases

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