Freedom of Information Act Request, its not just a good idea, its the law...

I would like to start this entry by sharing with you the Mission Statement clearly stateed on the Army Deputy Chief of Staff (Army G1) web page (http://www.armyg1.army.mil/foia/)

Mission Statement

The Freedom of Information and Privacy Act Office is responsible for the management oversight of the implementation of Army G-1 FOIA and PA programs in accordance with 5 USC, and Public Law 106-554.

For your reading pleasure:

The Freedom of Information Act, 5 U.S.C. § 552 As Amended By Public Law No. 110-175, 121 Stat. 2524

Public Law 106-554

After almost three months of a total lack of response to my reasonable, properly formatted, and polite request for information from the Army Chief of Staff, I thought it was time to once again remind them of their duty under the law. As such, I sent this reminder today:

Date: Wed, 18 Apr 2012 17:40:37 -0400
From: Jonathan Alexander Walkenstein
Reply-To: jon@canvs.com
Organization: CANVS Corporation

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

Subject: Army G-1 Website FOIA Request

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

Just to let you know this is a direct quote from this page: http://www.foia.gov/faq.html#howlong

"the standard time limit established by the FOIA, which is twenty working days, or approximately one month"

I would also like to share with you a quote from the current Army Chief of Staff:

"Our Army is the nation's force of decisive action, a relevant and highly effective force for a wide range of missions. Trust is the bedrock of our honored profession -- trust between each other, trust between Soldiers and leaders, trust between Soldiers and their families and the Army, and trust with the American people. I am honored to serve in the ranks of the great men and women who willingly serve our country."

Gen. Raymond T. Odierno
Expectations for the future

Sounds like a reasonable person. I am having a hard time believing that his staff is not aware of the difference between 30 days and 90 days AND THE LAW.

I wonder what the over under in Vegas would be on how many more days this will take...