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