FREEDOM OF INFORMATION ACT (FOIA)
The Freedom of Information Act (FOIA) is a federal law (5 U.S.C. §552) that establishes the public’s right to request existing records from Federal government agencies.
As a component of the Department of the Navy, Secretary of the Navy Instruction 5720.42G, Department of the Navy Freedom of Information Act (FOIA) Program (SECNAVINST 5720.42G) governs the Marine Corps FOIA program. SECNAVINST 5720.42G is codified at 32 Code of Federal Regulations (CFR) Part 701.
WHO CAN FILE A FOIA REQUEST?
The Freedom of Information Act (FOIA), 5 United States Code (USC) 552, allows an individual (regardless of nationality), a private organization or company, or a local, state, or foreign government to seek access to Executive Branch agency RECORDS, such as those held by the U.S. Marine Corps.
WHAT INFORMATION CAN BE REQUESTED UNDER THE FOIA?
A FOIA request can be made for any agency record in any format you specify. You should be aware that the FOIA does not require agencies to do research for you, to analyze data, to answer written questions, or to create records in response to a request. The records are subject to review, and you will not receive information that is exempt from release.
WHAT INFORMATION IS EXEMPT?
In limited instances, information may be withheld from disclosure if it is
• currently and properly classified in the interest of national defense or foreign policy [FOIA exemption (b)(1) pertains].
• related solely to internal personnel rules and practices, the release of which would allow circumvention of a statute or rule [FOIA exemption (b)(2) pertains].
• protected by a statute that specifically exempts the information from public release [FOIA exemption (b)(3) pertains].
• trade secrets and commercial or financial information which was obtained from a private source which would cause substantial competitive harm to the information source [FOIA exemption (b)(4) pertains].
• pre-decisional opinions and recommendations, inter-agency or intra-agency memoranda or letters, that show foreseeable harm if released. Also, attorney-client privilege and attorney-work product are covered [FOIA exemption (b)(5) pertains].
• personal and medical information, the release of which would result in a clearly unwarranted invasion of personal privacy [FOIA exemption (b)(6) pertains].
• investigatory records or information compiled for law enforcement purposes, which (a) could reasonably be expected to interfere with enforcement proceedings, (b) would deprive a person of a right to a fair trial or an impartial adjudication, (c) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (d) could reasonably be expected to disclose the identity of a confidential source, (e) would disclose investigative techniques, and/or (f) could reasonably be expected to endanger the life or physical safety of any individual [FOIA exemption (b)(7) pertains].
FOIA REQUEST RESPONSE TIME
The time it takes to respond to each request varies depending on the complexity of the request and the number of pending requests at the agency.
The FOIA establishes a standard time limit of 20 working days; if more time is needed you will be notified in writing and provided an opportunity to modify or limit the scope of your request. Under certain conditions specified by law, you may be entitled to expedited processing.
SUBMITTING A FOIA REQUEST ONLINE
Electronic requests are submitted via https://www.securerelease.us . Requests submitted to MCAGCC via securerelease.us must be directed to the following:
Agency: United States Marine Corps
Component: Marine Air Ground Tack Force Training Command/Marine Corps Air Ground Combat Center 29 Palms
All requests must contain the following information:
Requestors complete name, mailing address, and email address. An email address is required as records are typically sent electronically.
A willingness to pay fees is required. Although there is no fee to file a FOIA request, FOIA has established four fee categories that agencies use to determine if fees will be charged:
(1) Commercial requesters may be charged fees to search for records, reviewing the records and photocopying them.
(2) Educational and Non-commercial scientific institutions pay only duplication fees, unless it is determined that fees are waived or reduced in the public interest. The first 100 pages. Are provided at no cost. (Note: students are not considered Educational Use requestors).
(3) News media pay only duplication fees, unless it is determined that fees are waived or reduced in the public interest. The first 100 pages. Are provided at no cost.
(4) All other requesters (requesters who do not fall into any of the other three categories) are charged for photocopying after 100 pages and for time spent searching for records more than two hours.
Requestors can choose to pay all fees or just those up to a specified amount or provide a justification to support a fee waiver. Agreements to pay fees are up to $25 unless another amount is specified.
A detailed description of the specific records being requested. Include enough detail so the records may be located with a reasonable amount of effort.
Generally, a record is reasonably described when the description contains sufficient information to conduct an organized, non-random search. If specific file-related information is known, include the type of record, title of the record, subject area, date of creation, originator, and any other pertinent details. If the record information is unknown, provide as much event-related information as possible, such as the date of the event, circumstances surrounding the event, names of those involved, etc.
Because most Navy records are not retained permanently, providing as much information as possible will better assist the agency in determining if the records still exist and where they are located.
If you are experiencing technical difficulties with the SecureRelease™ Portal, please follow the directions below.
1. Go to https://www.29palms.marines.mil/Staff-Offices/Resource-Management-Directorate/Adjutant/#freedom-of-information-act
2. Once you’ve opened the link, you will need to select the forms link and complete form 5720-1 and 5720-2 in its entirety, to include home address, phone number, and email.
3. In the narrative section, please be very specific about what you are looking for. Include dates of concern, FULL NAMES, case numbers, which department maintains the records, etc.
4. FOIA requires that you are WILLING to pay for a request, so please put a dollar amount in the appropriate box.
5. Email the completed form to SMBPLMSG-1FOIA@usmc.mil.
SUBMITTING A FOIA REQUEST VIA POSTAL SERVICE
Label your request "FREEDOM OF INFORMATION ACT REQUEST" on the request and on the outside of the envelope.
Include all the same information required for an electronic FOIA request (see above). Do not forget to include the requestor's complete mailing address.
Address your requests to:
Commanding General
Attn: Adjutant (FOIA Coordinator)
Box 788101
MAGTFTC, MCAGCC
Twentynine Palms, CA 92278-8101
For more information, requestors may call the FOIA/PA Coordinator at (760) 830-6141 or send an email to SMBPLMSG-1FOIA@usmc.mil. Additional information can be found at USMC FOIA .