Foia Request
Step 1: Preparing Your Request
1. Your request should state: "This is a Freedom of Information Act Request."
2. Describe the specific record(s) you are seeking with enough detail so that a knowledgeable agency official can locate the record(s) with a reasonable amount of effort. Details should include descriptive information, time frame to be searched, full names and any other information that may assist in identifying the subject of the request. CNIC IS NOT the appropriate agency to submit FOIA requests for records such as military justice/admin board records, military personnel service/disciplinary records, medical treatment records, records of Navy weapons or weapons systems, or records of Navy supply systems.
3. Because most Navy records are not retained permanently, the more information provided, the better opportunity there is to determine if the records still exist and where. The Freedom of Information Act clearly states that records must exist at the time of the request. Also, agencies are not required to create a record(s) to comply with your request.
4. The Freedom of Information Act does not require agencies to answer questions, venture opinions, or conduct independent inquiries to satisfy queries from the public. Please ensure your request asks for records, not answers to questions.
5. Freedom of Information Act authorizes agencies to estimate and collect fees associated with the search for, review and duplication of federal records. State your willingness to pay all fees or those fees up to a specified amount, and if applicable, provide supporting information or documentation to justify a fee waiver.
6. Be sure to include your name, complete mailing address and telephone number.
Step 2: Submitting Your Request
To submit a FOIA/PA request to the Department of the Navy, please do so via our online portal at www.securerelease.us or through FOIA.gov - Freedom of Information Act. This is the fastest and most reliable way to send us your request, and it ensures that all requests are properly and accurately tracked from the date/time of submission.
******* To assist us in responding to your request as quickly as possible, please submit it to the
correct office after reviewing the information below.
******* For your own Official Military Personnel File –
Send to bupers-00j@navy.mil. In the subject line please state “FOIA Request".
If you are Retired/Discharged/Separated, please send to Military Personnel Records | National Archives
******* For your own medical record (the Navy does not maintain medical records) -
If you are Retired/Discharged/Separated, please send to the National Archives. www.archives.gov/veterans.
If you are Retired/Discharged/Separated between May 1, 1994, and December 31,2013, please contact the VA. www.va.gov
******* For Naval Criminal Investigative Service (NCIS) records: Please submit your request to the
United States Navy via the Secure Release portal.
Step 3: Processing Your Request
Upon receipt of your request, you will receive an acknowledgement letter (via mail, email, fax, etc.) within 3 business days providing you with the date your request was received, a case tracking number and identifying a point of contact and telephone number to address any questions you have.
Activities are required to process your request within 20 working days (does not include Saturdays, Sundays or legal holidays); however, due to the complexity of certain requests, on occasion we may not be able to respond within that period.
To ensure fair and equitable treatment, Freedom of Information Act requests are placed in a multi-track "first-in, first-out," queue. This command operates a three-track system: one for simple requests, one for complex requests and one for expedited requests. By narrowly focusing your request, you can assist us to more quickly and thoroughly process your request.
Some records may be withheld from public disclosure and need not be made available. Categories that are exempt from the Freedom of Information Act are:
- Classified information
- Internal rules and practices
- Information denied by other specific withholding statutes
- Trade secrets and commercial or financial information given in confidence
- Inter- and Intra-Agency communication, primarily deliberative in nature
- Personal information protected by the Privacy Act
- Investigative information compiled for law enforcement
- Reports on financial institutions
- Geological and geophysical information and data (including maps) concerning well
If you are not satisfied with the response from this center, you may contact the DON FOIA Public Liaison, Christopher Julka, at (703) 697-0031
Step 4: Appeals
You may appeal the denial of information. Your letter of appeal must be postmarked within 90 calendar days of the date of the denial letter. At a minimum, an appeal letter should state the following information:
- Why the denial may be in error, and
- Reason(s) why your appeal should be granted.
You should include a copy of your original request and a copy of the response letter denying your request. It is recommended you clearly mark your letter and the envelope "Freedom of Information Act Appeal."
Appellate authorities for the Department of the Navy are the office of General Counsel and the Office of the Judge Advocate General.
For Freedom of Information Act matters pertaining to business and commercial law, civilian personnel issues, and environmental matters, please submit your appeal to:
General Counsel of the Navy
Department of the Navy
ATTN: FOIA APPEALS
1000 Navy Pentagon, Room 5A532
Washington, DC 20350-1000
However, mail is NOT the recommended method of appeal submission to the OGC. Instead, the preferred method is to use the following email address: DONOGCAPPEALS@us.navy.mil
For Freedom of Information Act matters pertaining to military justice, military law, and all other matters except those falling under the General Counsel, please submit your appeal to:
Office of the Judge Advocate General
Department of the Navy
ATTN: FOIA APPEALS
1332 Patterson Ave SE Suite 3000
Washington Navy Yard DC 20374-5066
Expedited Processing. (Optional)
Under the FOIA, an agency may grant expedited processing for requesters who demonstrate a compelling need, or for any other case deemed appropriate by the agency (5 U.S.C. § 552(a)(6)(E)). A requester can show “compelling need” in one of two ways: (1) by establishing that his or her failure to obtain the records quickly could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or (2) if the requester is a person primarily engaged in dissemination of information, by demonstrating that there exists an urgency to inform the public concerning actual or alleged Federal Government activity.
Additionally, a request may also be expedited if it is shown that substantial due process rights of the requester would be impaired by the failure to process immediately and that the information sought is not otherwise available. (It is not sufficient, however, for a requester merely to allege that requested records are needed in connection with a judicial or administrative proceeding.)
If you believe your request qualifies for expedited processing, you may submit a request for expedited processing together with your FOIA request.