Army G1 Responds...

Today I got a nice email from Kathleen Vaughn-Burford (thank you Kathleen), The Deputy Chief of Staff G-1 for the Army Chief of Staff (that's not confusing at all...). I have included the entire email chain including the message I just sent back to her. After reading this you will start to appreciate why most people just dry up and blow away in the face of monolithic bureaucracies and why every time I have to read this kind of material my eyes bleed.

Here is the message I just sent Kathleen:

[To usarmy.belvoir.hqda-oaa-aha.mbx.rmda-foia@mail.mil please read this message in its entirety as it is a Freedom Of Information Act Request that was properly submitted and has gone unanswered since 20JAN12]

Dear Kathleen:

Thank you for your prompt response to my inquiry.

First let me state the chain of events that led me to sending you this email:

1) On 20JAN12 I submitted a Freedom of Information Act request (FOIR) to this email address (sent from my jon@canvs.com email address):

DAFOIA@conus.army.mil

The DAFOIA@conus.army.mil address is stipulated as the correct place to submit a FOIAR to the U.S. Army according to this document:

http://www.dod.mil/pubs/foi/dfoipo/docs/FOIA_RequesterServiceCenterContacts.pdf

2)The following is a direct quote from your organizations web page:

http://www.armyg1.army.mil/foia/

"Statement: FOIA requesters, who have any questions concerning the processing of their requests at the US Army Freedom of Information and Privacy Office, should contact this center at

(703) 695-7783 / usarmy.pentagon.hqda-dcs-g1.mbx.FOIA@mail.mil.

If you are not satisfied with the response from the center, you may contact the FOIA G-1 Public Liaison

usarmy.pentagon.hqda.-dcs-g-1.mbx.FOIA-Liaison@mail.mil

or by telephone at (703) 693-2124."

3) As I have received no response, action, or information on the status of my 20JAN12 FOIAR to the Army, on 18APR12 I sent an email (contained at the bottom of this message and received by you) to the two email addresses above, namely:

usarmy.pentagon.hqda-dcs-g-1.mbx.FOIA@mail.mil

usarmy.pentagon.hqda.-dcs-g-1.mbx.FOIA-Liaison@mail.mil

4) Today your message directs me to direct all future claims to:

usarmy.belvoir.hqda-oaa-aha.mbx.rmda-foia@mail.mil

(please note they have been copied on this message and I will direct future claims to their attention).

5)I understand that you are the Army G-1 FOIA Office, BUT according to your own web page (http://www.armyg1.army.mil/foia/) and I quote:

"FOIA requesters, who have any questions concerning the processing of their requests at the US Army Freedom of Information and Privacy Office, should contact this center"

This is in direct contravention to your comment: "I believe you have sent this email to the wrong FOIA office"

If the verbiage on your own page (http://www.armyg1.army.mil/foia/) is incorrect, as you have indicated, I highly suggest that your web page be changed to reflect the correct information.

If on the other hand it is correct then my 18APR12 email to you constitutes my officially reporting my concerns to the G1 reference my concern about the lack of response to my initial inquiry and asking for your assistance in this matter.

Please note (http://www.justice.gov/open/responding.html)

"Under the law, all federal agencies are required to respond to a FOIA request within 20 business days, unless there are "unusual circumstances.".

6) 19APR12 I have sent you this email.

Thanks you again for your help in this matter I look forward to obtaining the information that I am requesting in a timely manner. Feel free to contact me if you need any additional information or have any questions.

Sincerely,

Jonathan Alexander Walkenstein
President, CANVS Corporation

On 4/19/2012 7:27 AM, Vaughn-Burford, Kathleen CIV (US) wrote:

> Mr. Walkenstein, this office has no record of a request pertaining to the below subject matter. I believe you have sent this email to the wrong FOIA office. Your original email probably was sent to the DA FOIA office and this is the Army G-1 FOIA office. The email and website address to DA FOIA is listed below, please direct all future inquires to that agency.

www.rmda.army.mil
usarmy.belvoir.hqda-oaa-aha.mbx.rmda-foia@mail.mil

Kathleen Vaughn-Burford
Deputy Chief of Staff, G-1
Management Support Office
300 Army Pentagon, Room# 1D374
Washington, DC 20310-0300
Phone: 703-695-7783/DSN 225-7783


-----Original Message----- From: Jonathan Alexander Walkenstein [mailto:jon@canvs.com]
Sent: Wednesday, April 18, 2012 5:41 PM
To: USARMY Pentagon HQDA DCS G-1 Mailbox FOIA
Subject: Army G-1 Website FOIA Request
Importance: High


Hi to the Army Freedom of Information Act Request officer reading this E-Mail.

I am writing to determine the status of the request I sent to your office on 20 January, 2012 at 07:53.

As almost three months have passed since I submitted my request I think it is appropriate for me to ascertain the status of my request and when I can expect an answer.

Thank you for consideration in this matter,

Jonathan A. Walkenstein

The 20JAN12 request in its entirety is below:

Dear Department of the Army Freedom of Information Act Request Processor:

My name is Jonathan A Walkenstein, President of CANVS Corporation.

I quote CFR 32 Sub Part 249.5 Subsection e

"(e) Clearance for public release. A review is required by DoD Directive 5230.9 5 for all public releases by DoD personnel"

At 16:32 on WE 08JUN05 I was at the Night Vision and Electronic Sensors Directorate (NVESD) booth at the 2005 International SOF Week and APBI Conference at the Tampa Convention Center, the conference ran form JUNE 6 - 10, 2005.

CANVS Corporation Color Night Vision Technology was displayed by NVESD at their booth (including a CNVS-4949 Color Night Vision Goggle as well as technical data in the form of a poster with color images of and through CANVS Color Night Vision devices).

As the technical data displayed on the poster was released in a public forum (into the public domain) there should be (according to CFR 32 Sub Part 249.5 Subsection e) a copy of the request for release of the presentation as well as a copy of the material that was presented (I believe this approval for release is called the "Form F1").

This email constitutes a formal Freedom Of Information Act request by me, Jonathan A Walkenstein, to The U.S. Army Night Vision and Electronic Sensors Directorate (specifically to the office A. Fenner Milton, PhD, Director, Night Vision and Electronic Sensors Directorate) for any forms associated with request to release the information referenced in the above mentioned Poster presentation, any approvals or denials reference same, and a copy of the materials presented.

As the materials in question were also identified by the U.S. Department of State as International Traffic in Arms Regulations (ITAR) Restricted at the time of the presentation, there should be corresponding paperwork showing U.S. Department of State approval for the release of the materials in question as there were foreign nationals present at the event in question.

As this request is directly related to the current CANVS Corporation Armed Services Board of Contract Appeals Case Number 57784, I am asking for an expedited response to this request.

Thank you for your consideration in this matter.

If there are any questions or comments please address them to me:

Jonathan Alexander Walkenstein
President, CANVS Corporation
1172 South Dixie Highway Suite 364
Coral Gables, FL 33146-2918
Cell Phone = (305) 582-3301
E-Mail = jon@canvs.com