Untitled

Greg Schwartz filed this request with the Air Force Office of Special Investigations of the United States of America.
Tracking #

2023-00093-A

DODOIG-2023-000637

2022-05601-F

FME23-0065

DCSA-B 23-05436

AF 2022-05473-F

Status
Rejected

Communications

From: Greg Schwartz

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

Any and all records pertaining to the AFOSI investigation into the April 2, 1997 death of USAF Captain Craig Button, including the name and rank of his flight trainer at the time of his death and the names of the other flight trainers at the Davis-Monthan Air Force Base during the duration of Button's time there; plus flight records and flight logs for of all Button's missions in 1997, as well as those of pilot Amy Lynn Svoboda through May of 1997.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, 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.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Greg Schwartz

From: Air Force Office of Special Investigations

This e-mail contains FOR OFFICIAL USE ONLY (FOUO) information which must be
protected under the Freedom of Information Act (5 U.S.C. 552) and/or the
Privacy Act of 1974 (5 U.S.C. 552a). Unauthorized disclosure or misuse of
this PERSONAL INFORMATION may result in disciplinary action, criminal and/or
civil penalties. Further distribution is prohibited without the approval of
the author of this message unless the recipient has a need to know in the
performance of official duties. If you have received this message in error,
please notify the sender and delete all copies of this message.

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Your initial Freedom of Information Act (FOIA) request was received by this
office on 10 August 2022. Your request was assigned tracking number AF
2022-05473-F.

To ensure fairness to all families, we are required to process all FOIA
requests on a "first in, first out" basis, in accordance with Federal Law,
DoD and Air Force Instructions. Many of these requests involve the loss of
loved ones, sexual assaults and other sensitive matters. As such, requests
could take a minimum of 6 months to substantially longer to complete based
upon the number and complexity of your case or the cases that precede it or
other mitigating circumstances.

You may also contact the Air Force FOIA Public Liaison Officer, Ms. Adriane
Paris, concerning this matter at AF FOIA Public Liaison Office (SAF/CIO
A6XA), 1800 Air Force Pentagon, Washington, DC 20330-1800,
usaf.pentagon.saf-cio-a6.mbx.af-foia@mail.mil
<mailto:usaf.pentagon.saf-cio-a6.mbx.af-foia@mail.mil> or (703) 614-8500.

Additionally, you may contact the Office of Government Information Services
(OGIS) at the National Archives and Records Administration to inquire about
the FOIA mediation services they offer. 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, e-mail at ogis@nara.gov <mailto:ogis@nara.gov> ; telephone at
202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.

Sincerely

FOIA

HQ OSI/XILI

27130 Telegraph Rd.

Quantico, VA 22134

From: Air Force Office of Special Investigations

Please find attached final response with regard to above mentioned FOIA
requests. Thank you for your time

FOIA

HQ/FSS/MSII

27130 Telegraph Rd.

Quantico, VA 22134

Comm: 571-305-8044; DSN: 240-8044

Fax: 571-305-8229

afosi_hq_foia_requests@us.af.mil <mailto:afosi_hq_foia_requests@us.af.mil>

From: Air Force Office of Special Investigations

Please see attached letter.

Thank you,
Jessica Shriver
Government Information Specialist
Privacy, Civil Liberties, and Freedom of Information
Defense Counterintelligence and Security Agency
1137 Branchton Road; Boyers PA, 16018
Office: (724) 794-5612 X 5113
Unclass Email:Jessica.A.Shriver.civ@mail.mil

From: Air Force Office of Special Investigations

Good morning Mr. Schwartz,

Please see attached for our FOIA response from the Armed Forces Medical Examiner System.

Thanks,

Tiffany M. Garcia
Government Information Specialist
Defense Health Agency
Armed Forces Medical Examiner System
Information Management Division
115 Purple Heart Drive
Room 112B
Dover AFB, DE 19902
Email: tiffany.m.garcia24.civ@health.mil<mailto:tiffany.m.garcia24.civ@health.mil>

From: Air Force Office of Special Investigations

Dear Mr. Schwartz,
This is to acknowledge receipt of referral of information from Air Force Office of Special Investigation (AFOSI) your 10 August 2023, Freedom of Information Act (FOIA) request for "any and all records pertaining to the AFOSI investigation into the April 2, 1997 death of USAF Captain, including the name and rank of his flight trainer at the time of his death and the names of the other flight trainers at the Davis-Monthan Air Force Base during the duration of Button's time there; plus flight records and flight logs for of all Button's missions in 1997, as well as those of pilot Amy Lynn Svoboda through May of 1997.
During processing of your initial request AFOSI located documents which fall under the purview of the Headquarters Air Force and subsequently referred those records to our office for processing and response to you.
Based on our initial review, we believe we cannot process your request within the statutory 20 workdays because our organization has a significant number of pending FOIA requests.  To ensure all requesters are properly served in the order their requests were received, we have instituted multitrack processing of requests.  Based on the information you provided, we have placed your request in the complex track.
We have assigned number 2022-05601-F to identify your request; should you need to contact us about your request.  Please direct your questions to Mr. Jonathan Staeblein at jonathan.staeblein@us.af.mil or SAF.AA.HAF.FOIA.Workflow@us.af.mil and use this assigned number to assist us in responding more promptly.
We will strive to provide an update between 90 and 120 days.  Our policy is to process requests within their respective tracks in the order in which they were received in accordance with 32 CFR, Part 286.8.  We will notify you in writing if additional processing time is required.  We do process each FOIA request as quickly as possible, however delayed responses can be expected.
Very Respectfully,
JONATHAN STAEBLEIN, GS-12, DAF
SAF/AAII (FOIA)
Office of the Secretary of the Air Force
1000 Air Force Pentagon
Washington, DC 20330-1000

From: Air Force Office of Special Investigations

Dear Mr. Schwartz:

Attached please find our acknowledgement letter pertaining to your FOIA request.

v/r

ERIC R. POWERS
Government Information Specialist
Department of Defense Office of Inspector General Freedom of Information Act
4800 Mark Center Drive
Alexandria, VA 22350-1500

This e-mail is from the Department of Defense Office of Inspector General
{DoD OIG}. It may contain Controlled Unclassified Information {CUI},
including information that is Law Enforcement Sensitive {LES}, subject to
the Privacy Act, and/or other privileges and restrictions that prohibit
release without appropriate legal authority. Do not disseminate without the
approval of the DoD OIG. If received in error, please notify the sender by
reply e-mail and delete all copies of this message.

From: Air Force Office of Special Investigations

This is in reference to your FOIA request. Please respond immediately if you
are not the intended recipient and/or if you believe you received this email
in error.

You requested to receive this material by secure email. I have finalized your
request and will release the file using DoD SAFE (Secure Access File
Exchange). Please expect to receive an email notification from DoD SAFE,
which is reliant upon system/personnel availability.

The Passphrase required to access your file is: DCSAFOIP-B@yers Once
transmitted, you will have seven (7) days to retrieve the material.
Thanks,
Jessica Shriver
Government Information Specialist
Privacy, Civil Liberties, and Freedom of Information
Defense Counterintelligence and Security Agency
1137 Branchton Road; Boyers PA, 16018
Office: (724) 794-5612 X 5113
Unclass Email:Jessica.A.Shriver.civ@mail.mil

From: Air Force Office of Special Investigations

*** DO NOT FORWARD ***

This is an automated message sent to you by the DoD SAFE service.
SHRIVER.JESSICA.A <jessica.a.shriver.civ@mail.mil> has dropped off a file for you.
IF YOU TRUST THE SENDER, and are expecting to receive a file from them, you may choose to retrieve the drop-off by clicking the following link (or copying and pasting it into your web browser):
https://safe.apps.mil/pickup.php?claimID=kKcrpMxCovHNZgVc&recipCode=9QPBsf

** This drop-off is encrypted. **<br />
To download any files you must have the correct passphrase, which you can only get from the sender.
You have 7 days to retrieve the drop-off; after that the link above will expire. If you wish to contact the sender, just reply to this email.
The sender has left you a note:
Please see the attached hyperlink to access the
information.

Once transmitted , you will have (7) days to retrieve the information.

Thank you,
Jessica Shriver
Government Information Specialist
Freedom of Information and Privacy Office
Defense Counterintelligence and Security Agency
1137 Branchton Road; Boyers PA, 16018
Office: (724) 794-5612 X 5113

Full information about the drop-off:
Claim ID: kKcrpMxCovHNZgVc Recipient Code: 9QPBsf
Claim Passcode: J3vCrZe4rf4EctH4 Drop-off Submitted: 2023-03-27 14:36:22 UTC Drop-off Completed: 2023-03-27 14:36:27 UTC
-- Sender --
Name: SHRIVER.JESSICA.A Organization: DCSA Email Address: jessica.a.shriver.civ@mail.mil
-- File --
Name: 23-05436 Schwartz Requester Packet.pdf Size: 83954303 SHA-256 Checksum: 42DF1CCB38438F43026DFF870FFA389E2810BB63ABA1566914497E6CA25F3A15 Content Type: application/pdf

NOTICE: This e-mail message is intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately.

Thank you.

From: Air Force Office of Special Investigations

Dear Mr. Schwartz,
This responds to your 01-Sep-22 FOIA request 2023-02855-F received on 20-Mar-23, which seeks the following:
Any and all records pertaining to the AFOSI investigation into the April 2, 1997 death of USAF Captain Craig Button,including the name and rank of his flight trainer at the time of his death and the names of the other flight trainers at theDavis-Monthan Air Force Base during the duration of Button's time there; plus flight records and flight logs for of allButton's missions in 1997, as well as those of pilot Amy Lynn Svoboda through May of 1997.
We reviewed 45 pages for release anddetermined they are granted in part because FOIA Exemptions 6 permit the redaction of information that should be withheld and protected in accordancewith 5 U.S.C. §552a. Our review included consideration of the “Foreseeable Harm Standard.” The records areattached. If you disagree and interpret thisresponse as an adverse action, you may write to the Secretary of the Air Force,Through: 47 CS FOIA Office 350 Mitchell Blvd. Bldg. 348 Laughlin AFB, TX 78843 within 90calendar days from the date of this letter. Include in the appeal your reasons for reconsideration and attach acopy of this letter. You may also submit your appeal online at the Air Force’sPublic Access Link: https://efoia.cce.af.mil/ (https://efoia.cce.af.mil/) .You may contact the Air Force FOIAPublic Liaison Officer, Mr. Robert E. Bivins, concerning this final response at AirForce FOIA Public Liaison Office, 1800 Air Force Pentagon, Washington, DC20330-1800 or
DAF.FOIA@us.af.mil or(703) 614-8500. You may also seek dispute resolution services from the Officeof Government Information Services and can find information on this Office at (mailto:DAF.FOIA@us.af.mil) https://www.archives.gov/ogis/mediation-program/request-assistance. (https://www.archives.gov/ogis/mediation-program/request-assistance) Using thedispute resolution services, will not affect your appeal rights.
The FOIA Office provides for the collectionof fees based on the costs of processing a FOIA request and your feecategory. In this case, we assessed nofees for processing this request. Direct questions to 47CS.SCXK.FOIA@us.af.mil or call 830-298-9298 andreference the above FOIA case number. Sincerely, //SIGNED//
Gustavo Cantu, SSgt, USAF
Freedom of Information Act Manager Attachment:
ReleasableRecords ( 45 pages)

From: Air Force Office of Special Investigations

Attached is the final response package for your FOIA request. You will receive a separate email listing the password for the protected pdf.

If you have any questions relating to this matter my contact information can be found on the final response memo or you may wish to contact our agency's FOIA Requester Service Center listed below.

FOIA Requester Service Center
Office of the Inspector General
Department of Defense

P: (703) 604-8757
F: (571) 372-7498
E: foiarequests@dodig.mil

This e-mail is from the Department of Defense Office of Inspector General {DoD OIG}. It may contain Controlled Unclassified Information {CUI}, including information that is Law Enforcement Sensitive {LES}, subject to the Privacy Act, and/or other privileges and restrictions that prohibit release without appropriate legal authority. Do not disseminate without the approval of the DoD OIG. If received in error, please notify the sender by reply e-mail and delete all copies of this message.

From: Air Force Office of Special Investigations

This email contains information needed to open your FOIA responsive documents.

Adobe Acrobat Password: Dodoig2023000637

V/R,
Bethlehem Addis
Government Information Specialist
(703) 604-8757

This e-mail is from the Department of Defense Office of Inspector General {DoD OIG}. It may contain Controlled Unclassified Information {CUI}, including information that is Law Enforcement Sensitive {LES}, subject to the Privacy Act, and/or other privileges and restrictions that prohibit release without appropriate legal authority. Do not disseminate without the approval of the DoD OIG. If received in error, please notify the sender by reply e-mail and delete all copies of this message.

From: Air Force Office of Special Investigations

Dear Mr. Schwartz

This is in response to your 2 April 2023 appeal (2023-00093-A) regarding
FOIA 2022-05601-F. You appealed our final response. We have completed our
portion of your appeal and we have forwarded your appeal to the Secretary of
the Air Force via the Air Force Legal Operations Agency (AFLOA) for
continued processing. Any further questions regarding your appeal should be
directed to AFLOA/JACL, 1500 West Perimeter Rd, Suite 1370, Joint Base
Andrews, MD 20762.

Thank you!

v/r,

Angeline D. Hester

Information Release Specialist

HQ/FSS/MSII (formerly HQ OSI/XILI)

From: Air Force Office of Special Investigations

Mr. Schartz,

Attached is the final decision from your appeal. I do apologize for my delay. Our office received your memo on 1 Mar 24 and I have been working on a hot tasker.
-Cheryl

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