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Website:  http://foia.navy.mil   Date: 10/14/2004   Time:  7:29:00 PM

SAMPLE LETTER H

"NO RECORDS" RESPONSE

 

NOTE TO PREPARER: If after conducting a search for records you are unable to locate responsive documents, apprise the requester of the locations searched and also apprise him/her of the records disposition requirements set forth in SECNAVINST 5212.5D.  For example, if a requester is seeking a copy of a FOIA request that was filed 8 years ago, you can explain that granted FOIA requests are only retained for two years and then destroyed, while denied or partially denied requests are retained for 6 years and then destroyed. 

 

Because a requester can appeal a NO RECORDS RESPONSE, you will want to thoroughly explain what efforts were undertaken to conduct a thorough search.

 

This response does not require the signature of your Initial Denial Authority (IDA).

 

 

Dear [MR/MS/MRS _________]: 

 

This responds to your Freedom of Information Act (FOIA) request of [DATE OF REQUEST LETTER] in which you seek [RESTATEMENT OF WHAT REQUESTER IS SEEKING].  Your request was received by this office on [DATE REQUEST RECEIVED] and assigned file number [FILE NUMBER]. 

 

NOTE:  IF REQUEST DOES NOT DELINEATE DATE/TIME FRAME OF DOCUMENTS OR SEACH TO BE UNDERTAKEN, THEN ADD THIS PARAGRAPH:

Pursuant to procedures established in Secretary of the Navy Instruction (SECNAVINST) 5720.42F, our search for responsive records encompassed only those records in existence as of [DATE REQUEST RECEIVED OR DATE REQUEST PROCESSING COMPLETED]. 

 

Our search for records included files maintained by [IDENTITY OF SEARCH LOCATION(S)].  However, despite this diligent search, we were unable to locate responsive documents.  Additionally, be advised that Navy and Marine Corps Records Disposition Manual (SECNAVINST 5212.5D) of April 22, 1998, states that [DESCRIBE RECORDS RETENTION REQUIREMENTS FOR TYPE OF DOCUMENTS THAT COULD NOT LOCATED].

 


[INSERT APPLICABLE FEE LANGUAGE]

 

    Option 1 (no fees involved): 

 

Fees associated with the processing of your request are waived in this instance.

 

    Option 2 (all search fees to be charged to requester):

 

A total of [NUMBER OF SEARCH HOURS EXHAUSTED] hours of search were incurred during the processing of your request.  Although we were unable to locate responsive records, you are responsible for the costs of this search.  Accordingly, please forward a check or money order, payable to the Treasurer of the United States, for [$   ], to this office within 30 calendar days

from the date of this correspondence. 

 

    Option 3 (search fees to be charged when requester afforded two free hours): 

 

A total of [NUMBER OF SEARCH HOURS EXHAUSTED] hours of search were incurred during the processing of your request.  Although we were unable to locate responsive records, you are responsible for the costs of all search incurred after the first two hours which we afforded you free of charge.   

 

Accordingly, please forward a check or money order, payable to the Treasurer of the United States, for [$   ] to cover the costs for [NUMBER OF SEARCH HOURS MINUS TWO) to this office within 30 calendar days from the date of this correspondence. 

 

If you believe that an adequate search was not conducted, you may consider this an adverse determination of your request that may be appealed, in writing, to the [SELECT ONE OF THE FOLLOWING APPELLATE AUTHORITIES]. 

 

          FOR BUSINESS/COMMERCIAL LAW AND CIVILIAN PERSONNEL LAW ISSUES:  General Counsel of the Navy,720 Kennon Street SE, Room 214, Washington Navy Yard, DC 20374-5012; or

 

         FOR MILITARY LAW AND ALL MATTERS OTHER THAN THOSE FALLING UNDER THE COGNIZANCE OF GENERAL COUNSEL:  Judge Advocate General of the Navy (Code 14), 1322 Patterson Avenue SE, Suite 3000, Washington Navy Yard, DC 20374-5066.

 

Your appeal must be postmarked within 60 calendar days from the date of this letter to be considered.  A statement as to why you believe a diligent search was not conducted should be included and the enclosed copy of this letter should be attached.  Both the appeal letter and the envelope should bear the notation, "Freedom of Information Act Appeal."

 

Any questions concerning this matter should be directed to

[ACTION OFFICER'S NAME AND CODE] at [ACTION OFFICER'S TELEPHONE NUMBER].    

 

                             Sincerely,

 

 

 

                             SIGNATURE




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About this Site: This is an official Department of the Navy website provided as a public service of the Office of the General Counsel in cooperation with the SECNAV/CNO Freedom of Information Act Office (FOIA). The FOIA Office reports to the Director of Navy Staff. Registered with GILS as: Department of the Navy Freedom of Information Act Web Site. Before contacting us read our Privacy Policy.

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