JPRA FOIA Appeal

Appealing a Decision

Appeals must be submitted to the Policy, Appeals & Litigation Branch of the Office of Freedom of Information. Requesters desiring to submit an appeal should follow the guidance provided in the "How to Submit a FOIA Request" section. Your appeal should include a statement as to why your appeal should be granted.

Requesters may appeal any determination that they consider to be adverse. The following are adverse determinations and are subject to appeal:

▪ A requested record is denied in whole or in part.

▪ A reasonable search of files failed to identify responsive records.

▪ The disapproval of a fee category claim by a requester, the disapproval of a request for waiver or reduction of fees, and a dispute regarding fee estimates.

▪ A determination not to grant expedited processing.

▪ Not providing a response determination to a FOIA request within the statutory time limits.

▪ Any determination found to be adverse in nature by the requester.

Appeals may be submitted via the following:

▪ Appeal Form Link: http://www.dod.gov/pubs/foi/appeal_form.html

▪ Mail/Courier: Mr. Jim Hogan

Office of Freedom of Information

1155 Defense Pentagon

Washington, DC 20301-1155

▪ Fax: (571) 372-0500

If appealing by mail/courier or fax your appeal must include a copy of the original request, the response to your request, and a statement as to why your appeal should be granted. The submission is not complete without the required attachments. Also, the appeal letter, the envelope, the e-mail subject line, and the fax cover sheet should be clearly marked “Freedom of Information Act Appeal.”

The e-mail, fax machine, and Policy, Appeals, and Litigation Branch of the Office of Freedom of Information, are monitored Monday through Friday from 8:00 AM to 5:00 PM (EST). FOIA appeals e-mailed or faxed after normal business hours will be deemed received on the next normal business day.

For further information, see DoD 5400.7R, DoD Freedom of Information Act Program .