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Form Instructions

GOVERNMENT EMPLOYEES – READ BEFORE SUBMITTING A REQUEST:
IAW Army Regulation 25-55, Soldiers and civilian employees of the Department of the Army (DA) may, as private citizens, request DA or other agencies' records under the FOIA.  They must prepare requests at their own expense and on their own time.  They may not use Government equipment, supplies, or postage to prepare personal FOIA requests.

PERFECTING YOUR REQUEST:
Provide a written request for Army records that reasonably describes the record(s) sought, that either explicitly or implicitly invokes the FOIA.  Generally, a record is reasonably described when the description contains sufficient file related information (type of document, title, subject area, date of creation, originator, etc.); or the request contains enough event-related information (date and circumstances surrounding the event the record covers) to permit the conduct of an organized, nonrandom search.)
All requesters must indicate a willingness to pay fees associated with the processing of their request (up to a particular dollar amount).  Requesters may request a fee waiver but must provide a specific dollar amount in case of a fee waiver denial. 32 CFR Part 286, Subpart E, 286.12, Schedule of fees. https://www.ecfr.gov/current/title-32/part-286/subpart-E.
Written requests may be received by postal service or other commercial delivery means, or electronically (such as e-mail).  Requests must include a personal email or postal mailing address.
Failure to provide the information above will result in processing delays.

REQUEST FOR RECORDS RELATED TO OR SPECIFICALLY ABOUT THE REQUESTER:
A requester who is making a request for records about himself or herself, regardless of whether the records are in a Privacy Act system of records, must comply with the verification of identity requirements as determined by the DoD Component in accordance with 32 CFR part 310.3(c) through (e). https://www.ecfr.gov/current/title-32/subtitle-A/chapter-I/subchapter-O/part-310/subpart-B/section-310.3

The requester must sign the request and have it notarized or submit the request under 28 U.S.C. 1746, a law that permits unsworn statements to be made under penalty of perjury as a substitute for notarization. To assist with the identification and location of requested records, when requested in the access procedures of the applicable SORN, the requester may also, at his or her option, include his or her DoD Identification Number (DoD ID Number) or Social Security Number (SSN). 
 
A Privacy Act (PA) Request is one in which a United States citizen or Legal Permanent Resident seeks records on herself/himself that are contained in a file retrievable by the individual's name or personal identifier. 
STEP 1: PREPARING YOUR REQUEST.
  • The request must include valid form of identification such as a copy of a photo ID or driver's license.
  • Include your full name and current address.
  • Describe the record you are seeking in detail. Details may include information about the document; the specific System of Records Notice (SORN), including the System ID and System Name, where the records can be found; and the time frame to be searched. 
  • As a resource, utilize the PCLD SORN page. Each SORN has a specific Record Access Procedure category; please include the detailed information from that section in your request.
  • Only the individual to whom the record pertains can request the records.
  • Sign your request. Your signature must be notarized or submitted via an unsworn declaration in accordance with 28 U.S.C. 1746, a law that permits statements to be made under penalty of perjury as a substitute for notarization.
    • If you are executing the unsworn declaration within the United States, its territories, possessions, or commonwealths, it must read as follows: "I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)."

You may use the attached NETCOM FOIA Request Template for the Verification of Identity for a first party request. Another option is to send a notarized signature by a notary. 

Contact Information

This information is needed so the agency knows where to send the response to your FOIA request. Please note that not all of these fields are required.







Your Request

The description of the records you are requesting is important. The scope of your request can impact how quickly an agency can respond to your request. Your description should be as clear and specific as possible and must give agency FOIA personnel enough detail so that they are able to reasonably determine exactly which records are being requested and where to locate them.

Additional information

If you are submitting a request for records on yourself (a “first-party” request), use this tool to upload any required documentation to verify your identity. You can also use this tool to upload any documents that provide context for your request or that could help FOIA personnel process your FOIA request.
If you are seeking records about yourself, additional documentation is required to verify your identity. 32 C.F.R. § 286.5(c).

Include all additional information via email to  usarmy.huachuca.netcom.mbx.foia@army.mil

Fees

Most FOIA requests do not involve any fees. However, if an agency informs you that there are fees associated with your request, you may request a fee waiver under the standard provided in the FOIA. You may request a fee waiver at any time during the processing of your request. The agency will grant a fee waiver when disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester. Requests for fee waivers from individuals who are seeking records pertaining to themselves usually do not meet this standard. Additionally, a requester’s inability to pay fees is not a legal basis for granting a fee waiver. When making a request for a fee waiver you must explain how your request meets the standard described above.

Request expedited processing

Agencies generally process requests on a first-in, first-out basis. Most agencies also use separate tracks to process simple and complex requests. Under certain circumstances, your request may qualify for placement into a separate, expedited track where the agency will process it as soon as practicable. The standards for expedited processing are set out in the FOIA and in the regulations of each federal agency. Under the FOIA, a requester may qualify for expedited processing if they can demonstrate a “compelling need” for the records. A “compelling need” can be shown by: (1) establishing that the failure to obtain the records on an expedited basis “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 disseminating information,” by demonstrating that there exists an “urgency to inform the public concerning actual or alleged Federal Government activity.” Agencies may also establish additional standards for granting expedited processing, which they describe in their FOIA regulations. Requesters must demonstrate how they meet one of the standards in order to have their request processed on an expedited basis.
Please review the information you entered above before submitting to an agency. You should hear from the agency within the coming weeks. If you don’t hear from the agency, please reach out using the contact information provided to you on this site.
 
 
 

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