Cmdr. Adam K. Pendleton

Dear Ms. Mongilio,

Your Freedom of Information Act (FOIA) request of May 21, 2024 has been received by the Navy Personnel Command (NPC). This command received your request on May 22, 2024. Your FOIA request number is 2024-NavyFOIA-005073 and your FOIA correspondence file number is NPC0455.

In accordance with the Department of the Navy’s (DON) FOIA regulations (32 CFR 701.8 (a)(1)), a requester is required to describe the records sought in sufficient detail to enable an employee familiar with the subject area of the request to locate responsive records with a reasonable amount of effort. Requests for records must enable an agency to determine precisely what records are being requested and if the agency has jurisdiction over the records to release. Your request does not comply with this requirement because the request is so broad in description that if fails to establish a reasonable scope to search and could be interpreted to mean several different things.

This office has begun coordination on your request; however, a request that uses open-ended phrases such as "all” “reports” and “documents" is not reasonably described, as it provides an unrestricted scope in which any but the most meticulous of searches could be ruled inadequate. As a result, it precludes a knowledgeable individual from conducting a search with a reasonable amount of effort. Requests for records must enable an agency to determine precisely what records are being requested. Can you please narrow the scope and provide which agency completed the investigation, specific points of contact are preferred? Can you also provide a description of the documents you are seeking and the agencies that may have cognizance over them?

We will not proceed further with your request until we receive the needed information. If we do not hear from you by May 31, 2024, we will assume you are no longer interested in this request and your FOIA request will be administratively closed for a lack of response.

If you have any questions or concerns, my contact information is listed below.

Sincerely,

ERIN J. RAMIL

Bureau of Naval Personnel

Office of Legal Counsel

FOIA/PA Officer, BUPERS-00J6

<mailto:erin.j.ramil.civ@us.navy.mil> erin.j.ramil.civ@us.navy.mil

(901) 874-3165

Good Morning Ma’am,

Thank you for the response. I better understand what you are looking for. I have perfected your request, and will begin looking for documents.

The records you seek require a search in and/or consultation with another office, and so your request falls within the "unusual circumstances" See 5 U.S.C. § (a)(6)(B)(i)-(iii). Because of these unusual circumstances, we may need to extend the time limit to respond to your request beyond the twenty days provided by the statute. For your information, we use multiple tracks to process requests, but within the tracks we working an agile manner. The time needed to complete our work on your request will necessarily depend on a variety of factors, including the complexity of a records search, the volume and complexity of any material located, and the order of receipt of your request. At this time we have assigned your request to the complex track. Any decision with regard to the application of fees will be made only after we determine whether fees will be implicated for this request.

If you have questions or concerns my contact information is below.

Sincerely,

ERIN J. RAMIL

Bureau of Naval Personnel

Office of Legal Counsel

FOIA/PA Officer, BUPERS-00J6

erin.j.ramil.civ@us.navy.mil

(901) 874-3165

Good Afternoon Ma’am,

I apologize for the delayed response, this request was transferred to the agency that has cognizance over the requested information. Please let me know if you have any other questions.

SUBJECT: YOUR FREEDOM OF INFORMATION ACT (FOIA) REQUEST

This is in response to your FOIA request of May 21, 2024. You seek “all documents and investigative reports related to the relief of Cmdr. Adam Pendleton as the commanding officer of Navy Talent Acquisition Group (NTAG) Pacific on Dec. 7, 2023.” This command received your request on May 22, 2024. Your FOIA request number is 2024-NavyFOIA-005073 and your FOIA correspondence file number is NPC0455.

The information you seek requires a search in and/or consultation with another office; therefore, your request was forwarded for their review and action on June 7, 2024. Once they have received your request, they will contact you with appropriate updates. If you need to contact them immediately, here is their contact information:

Navy Recruiting Command

Special Assistant for Legal Affairs/FOIA Coordinator (Code 017)

5722 Integrity Drive

Millington, TN 38054

Phone: (901) 874-9111

<https://www.cnrc.navy.mil/pages-nrc-links/foia.html> https://www.cnrc.navy.mil/pages-nrc-links/foia.html

Under 32 CFR §701.12(a), you have the right to an appeal. Appeals can be filed via email or through the U.S. mail. In both cases, send the appellate authority the following items:

* a letter requesting an appeal that explains what you are appealing with any supporting arguments or reasons you think may be worthy of consideration;
* a copy of your initial request;
* and, a copy of the letter of denial.

An appeal sent by email must be received within 90 calendar days from the date of this letter. In the subject line of the email, type “FOIA Appeal” and your case number

2024-NavyFOIA-005073. Send the appeal to usn.ncr.dns.mbx.don-foia-pa@us.navy.mil.

An appeal sent by mail must be postmarked within 90 calendar days from the date of this letter. Make sure to mark the envelope “FOIA Appeal”. For issues related to the military, mail your appeal to The Judge Advocate General (Code 14). The appropriate addresses has been provided below:

The Judge Advocate General (Code 14)

1322 Patterson Avenue SE, Suite 3000

Washington Navy Yard, DC 20374-5066

Alternatively, an appeal may also be sent to the Department of the Navy General Counsel (OGC) which generally handles issues outside of those of the uniformed service. The preferred method of receipt is through use of the following email address: <mailto:DONOGCAPPEALS@us.navy.mil> DONOGCAPPEALS@us.navy.mil. However, an appeal can be mailed using the addresses provided below:

General Counsel of the Navy

1000 Navy Pentagon, Room 5A532

Washington, DC 20350-1000

Please provide a copy of your appeal letter to us either via email to <mailto:bupers-00j@navy.mil> bupers-00j@navy.mil; or via mail at Bureau of Naval Personnel, Attn: FOIA, PERS Code 00J6, 5720 Integrity Drive, Millington, TN 38055.

In this instance, the fees associated with processing this request were below the minimum threshold and have not been addressed. Please be advised, however, that fees, fee categories, and fee waivers are determined on a case-by-case basis, and a previous determination has no influence over future determinations.

If you have any questions, please contact me at <mailto:erin.j.ramil.civ@us.navy.mil> erin.j.ramil.civ@us.navy.mil or (901) 874-3165. You may also contact the DON FOIA Public Liaison, Christopher Julka, at <mailto:christopher.a.julka@navy.mil> christopher.a.julka.civ@us.navy.mil, (703) 697-0031. In addition, the Office of Government Information Services (OGIS) at the National Archives and Records Administration (NARA) provides a voluntary mediation process for resolving disputes between persons making FOIA requests and the Department of the Navy (DON). The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001; email address: ogis@nara.gov; telephone: (202) 741-5770; toll free number: 1-877-684-6448; and facsimile: (202) 741-5769. For more information, go to <https://www.archives.gov/ogis/mediation-program> https://www.archives.gov/ogis/mediation-program.

Sincerely,

ERIN J. RAMIL

Bureau of Naval Personnel

Office of Legal Counsel

FOIA/PA Officer, BUPERS-00J6