DEPARTMENT OF THE NAVY NAVAL AIR SYSTEMS COMMAND RADM WILLIAM A. MOFFETT BUILDING 47123 BUSE ROAD, BLDG 2272 PATUXENT RIVER MARYLAND 20670-1161 John Greenwald, Jr. 27305 W. Live Oak Road, Suite 1203 Castaic, CA 91384 Dear John Greenwald, SUBJECT: FREEDOM OF INFORMATION ACT CASE DON-NAVY-2020-006828 This responds to your Freedom of Information Act (FOIA) request of April 17, 2020 in which you seek: I respectfully request a copy of records, electronic or otherwise, of the following: 1) All communications, e-mails, letters, memos, internal communications, notes etc. regarding AFOSI investigation case #3290517356125. Although this is an AFOSI investigation, in it, it states that the Division Head, Naval Air Warfare Center - Aircraft Division, Naval Air Station Patuxent River, MD was contacted. There was analysis on three videos which they determined there was "no sensitive symbology or other items of concern." I am seeking all records pertaining to this, which would include, but not be limited to, memos, emails, letters, reports, notes, etc. Enclosed is a copy of All communications, e-mails, letters, memos, internal communications, notes etc. regarding AFOSI investigation case #3290517356125. We have considered the foreseeable harm standard when reviewing records and applying FOIA exemptions. Portions of the documents have been withheld under the following FOIA Exemptions: Exemption (b)(5) (5 U.S.C. 552 (b)(5)) protects information which includes internal advice, recommendations, or subjective evaluations pertaining to the decision-making process of the Exemption (b)(6) (5 U.S.C. 552 (b)(6)) protects personal information which if disclosed would result in an unwarranted invasion of personal privacy. We have withheld one internal communication document in its entirety under the following FOIA Exemption: Exemption (b)(5) (5 U.S.C. 552 (b)(5)) protects information which includes internal advice, recommendations, or subjective evaluations pertaining to the decision-making process of the There are no fees associated with the processing of your request in this instance. February 7, 2023 You have the right to an appeal. It must be received (i.e., post-marked if by mail, sent if by email, submitted if by FOIAonline) within 90 calendar days from the date of this letter. Please provide the appellate authority (see below) the following in an envelope marked Freedom of Information Act Appeal: a letter requesting an appeal that explains what you are appealing with any supporting arguments or reasons you think may be worthy of consideration; a copy of your initial request; a copy of the letter of denial. Also, please provide us a copy of your appeal letter at: ATTN FREEDOM OF INFORMATION ACT OFFICE NAVAIRWARCENACDIV 22095 FORTIN CIRCLE BUILDING 1489 SUITE 115 PATUXENT RIVER MD 20670 There are two ways to file an appeal: through FOIAonline or by mail. 1. Through FOIAonline. This will work only if you set up an account on FOIAonline before you make the request that you would like to appeal. To set up an account, go to FOIAonline (this is a website that will appear as the top hit if you search the internet for FOIAonline), click Create Account (a link located within the blue banner at the top in the upper right corner), enter your data into the field that subsequently appears, and click Save (at the bottom left of the screen). With your account thereby created, you will have the power to file an appeal on FOIAonline to any request you file on FOIAonline thereafter. To do so, locate your request (enter a keyword or the request tracking number in the Search for field on the Search tab), click on it, then the "Create Appeal" tab in the left-hand column. Complete the subsequent field, click Save, and FOIAonline will submit your appeal. 2. By mail. Address your appeal to: The Judge Advocate General (Code 14) 1322 Patterson Avenue SE, Suite 3000, Washington Navy Yard, DC 20374-5066 If you have any questions, please contact the FOIA coordinator at
[email protected] . You may also contact the DON FOIA Public Liaison, Christopher Julka, at
[email protected], (703) 697-0031. In addition, the Office of Government Information Services provides a voluntary mediation process for resolving disputes between persons making FOIA requests and the DON. For more information, go to https://www.archives.gov/ogis/about-ogis/contact. Sincerely, Merry C. Whelan Merry C. Whelan NAVAIR FOI IDA Signed by: WHELAN.MERRY.C.1073213424 T h e B lack Vault The Black Vault is the larges t o n l ine Freedom of Information Act (FOIA) document clearinghouse in the world. The research efforts here are responsible for the declassification of hundreds of thousands of pages released by the U.S. Government & Military. Discover the Truth a t : h t tp://www.theblackvault.com This document is made av a i l a b l e through the declassification efforts and research of John Greenewald, Jr., creator of: UNCLASSIFIED FW: Navy Cockpit Videos for Review Attachments: FURT.mp4; GoFastwmv Classification: UNCLASSIFIED -----Original Message- Sent: Thursday, March 22, 2018 3:57 PM Subject:^^ Navy Cockpit Videos for Review Classification Caveats: NOFORN Good Day Gentlemen, Attached are two Navy cockpit videos in need of a classification review. They are similar in nature of the last video provided but are 2 entirely different videos. We would like a classification review of the video as a whole, to include the metadata on the screen. Your help is most appreciated. UNCLASSIFIED UNCLASSIFIED Attachment Classification Attachment Caveats: NO FORK Classificatioir^^^H Caveats:. NOFORN CLASSIFIED BY: DERIVED FROM: Multiple Sources DECLASSIFY ON: 20460326 Classification: UNCLASSIFIED UNCLASSIFIED UNCLASSIFIED Importance: Monday, March 26, 2018 1:40 PM (U) 2 Navy Cockpit Videos for Review Classification: UNCLASSIFIED (U) EO/IR has reviewed the videos, and from an EO/IR the "FLIR 1 is UNCLASSIFIED. For GoFast", from an EO/IR perspective that video is also UNCLASSIFIED. (U) From a non-EO/IR perspective, I'm providing the following coments on the GoFast video (see attached presentation for some additional information): Original Message Sent: Monday, March 26, 2018 9:07 AM Su bNavy Cockpit Videos for Review UNCLASSIFIED UNCLASSIFIED Attachment Classification:^^^H Attachment Caveats: NOFORN Classification:^^^^ Caveats: NOFORN UNCLASSIFIED Subject:RE: SIPR Email [QIQ] Note 26 Mar 18) - NOT IN ORIGINAL EMAIL: Reviewed files and responded on SIPR find Presentation). From an EO/IR perspective, both were Unclassified. Following up to my call. As stated, the FLIR1 video looks to be unclass, but the GoFast video looks as if it is classified. Therefore, I will be requesting completion by Mon/Tue of next week if all goes well. EO/IR Team review for a classification determination. I expect Please have publislcertificates to the GAL and do a separate handshake with everyone s< encrypted emails. The videos are on the functional acct. Please contact for access if needed. "If you are ashamed to stand by your colors, you had better seek another flag." ~ General Bernard W. Rogers eauuun. Tin JI nejjage IHB^ LUI Ilan i Lumpeuuue, jbi uiuue ui utliei i iui i publlL li ifui inatlui i ui iiifuiiiiauun uulilLli u F8R 8FFieiM UM ANUP (FAUB) ll ml 11IU JI bL pi ULLLLLU UI lULI Lt IL Pl I UULy AU Uf 19M (JLL API 99 999) UI Uli ILI JIUlUlLJ UI id is not to be disclosed outside of official government channels. Do not disseminate this message without the approval of die uiigiilaluiU uffiie. If yuu leieiued this 11lejjage in eiiui, pleaje notify Ilie jendei by ieply e mail and delete all tuples uf Uils message. Original Message Sent: Friday, March 16, 2018 7:34 AM Subject: RE: SIPR Email Will do gentlemen. I will send out a NIPR email when we are ready with the video. Original Message Sent: Thursday, March 15, 2018 4:59 PM Subject: RE: SIPR Email Send here please. "If you are ashamed to stand by your colors, you had better seek another flag." ~ General Bernard W. Rogers Caution: This message may contain competitive, sensitive or other nonpublic information or information which is FOR OFFICIAL USE ONLY (FOUO) that must be protected under the Privacy Act of 1974 (see AFI 33332) or other statutes and i t t b di l d t id f ffi i l gt h l D t di i t thi g ith t th pp l f the originator's office. If you received this message in error, please notify the sender by reply e mail and delete all Original Message Sent: Thursday, March 15, 2018 4:50 PM Subject: RE: SIPR Email Please provide the SIPR address you would like the information sent to. I originally received the request and forwarded. Thank you, Original Message Sent: Thursday, March 15, 2018 1:04 PM Subject: RE: SIPR Email We will certainly review and provide responses. Please send to the same SIPR email addresses as before. Thank You. "If you are ashamed to stand by your colors, you had better seek another flag." ~ General Bernard W. Rogers Caution: This message may contain competitive, sensitive or other non public information or information which is FOR OFFICIAL USE ONLY (FOUO) that must be protected under the Privacy Act of 1974 (see AFI 33332) or other statutes and is not to be disclosed outside of official government channels. Do not disseminate this message without the approval of the originator's office. If you received this message in error, please notify the sender by reply e mail and delete all copies of this message Original Message Sent: Thursday, March 15, 2018 11:06 AM Subject: RE: SIPR Email Good Morning All, First off I'd like to thank you again for your help/guidance in the matter below. I wanted to give you a heads up that there are two more videos in the public domain similar to the one reviewed by your shop. Maybe you have seen them? One video seems to be focused on a stationary object and then the other one is an overhead view of an object along the We plan to have these videos ready for review, hopefully, within a week. Would your office be willing to do 2 more reviews? Any help would be most appreciative. Thanks again, Original Message Sent: Friday, March 9, 2018 12:35 PM Subject: RE: SIPR Email Importance: High It was determined to be UNCLASS by Radar and EO_IR IPT leads... No sensitive symbology or other items of concern... "If you are ashamed to stand by your colors, you had better seek another flag." ~ General Bernard W. Rogers Caution: This message may contain competitive, sensitive or other non public information or information which is FOR OFFICIAL USE ONLY (FOUO) that must be protected under the Privacy Act of 1974 (see AFI 33332) or other statutes and is not to be disclosed outside of official government channels. Do not disseminate this message without the approval of the originator's office. If you received this message in error, please notify the sender by reply e mail and delete all copies of this message. Original Message Sent: Friday, March 09, 2018 11:08 AM Subject: RE: SIPR Email Do we have a status update on the video that was provided for review/classification determination from the DITMAC Office? Thank you, Original Message Sent: Thursday, March 08, 2018 11:30 AM Subject: SIPR Email Good Morning , Just wanted to give you a heads up that I sent you an email on SIPR. Thanks Importance: FW: SIPR Email Thursday, April 30, 2020 7:58:06 AM I unencrypted and did a fwd to you. If you are ashamed to stand by your colors, you had better seek another flag. ~ General Bernard W. Rogers Ouutiuii. Tlii-j incj-juic iiuij Luntuin cuinpctitii c. .jeiuitiie ui utlici nun public iiifuniuitiuii ui iiifuniuitiuii uliicli is POR OFFICIAL U9D 01 (POUO) tlun lllll.lt bl piUlLLUd lUlllll till P11UM All uflW (ILL ATI Ul icpl}1 finail and delete all cupics uf tliis message. -----Original Message----- Sent: Friday, March 23, 2018 1:54 PM Subject: RE: SIPR Email Thanks for all thelook forward to speaking with you next week. Original Message- Sent: Friday. March 23, 2018 11:41 AM Subject: RE: SIPR Email Following up to my call. As stated, the FLIR1 video looks to be unclass, but the GoFast video looks as if it is classified. Therefore, I will be requesting EO/IR Team review for a classification determination. I expect completion by Mon/Tue of next week if all goes well. Please have publish certificates to the GAL and do a separate handshake with everyone so can read encrypted emails. Please contact for access if "If you are ashamed to stand by your colors, you had better seek another ~ General Bernard W. Rogers This message may contain competitive, sensitive or other non public information or information which is FOR OFFICIAL USE ONLY (FOUO) that must be protected under the Privacy Act of 1974 (see AFI 33 332) or other statutes and is not to be disclosed outside of official government channels. Do not disseminate this message without the approval of the originator's office. If you received this message in error, please notify the sender by reply e mail and delete all copies of this message. -----Original Message----- Sent: Friday, March 16, 2018 7:34 AM Subject: RE: SIPR Email Will do gentlemen. I will send out a NIPR email when we are ready with the -----Original Message----- Sent: Thursday, March 15, 2018 4:59 PM Subject: RE: SIPR Email Send here please. "If you are ashamed to stand by your colors, you had better seek another ~ General Bernard W. Rogers This message may contain competitive, sensitive or other non public inform tion or inform tion which is FOR OFFICIAL USE ONLY (FOUO) that must be protected under the Privacy Act of 1974 (see AFI 33 332) or other statutes and is not to be disclosed outside of official government channels. Do not disseminate this message without the approval of the originator's office. If you received this message in error, please notify the sender by reply e mail and delete all copies of this message. -----Original Message----- Sent: Thursday, March 15, 2018 4:50 PM Subject: RE: SIPR Email Please provide the SIPR address you would like the information sent to. I originally received the request and forwarded. Thank you, -----Original Message----- Sent: Thursday, March 15, 2018 1:04 PM Subject: RE: SIPR Email We will certainly review and provide responses. Please send to the same SIPR email addresses as before. Thank You. "If you are ashamed to stand by your colors, you had better seek another ~ General Bernard W. Rogers Caution: This message may contain competitive, sensitive or other non public information or information which is FOR OFFICIAL USE ONLY (FOUO) that must be protected under the Privacy Act of 1974 (see AFI 33 332) or other statutes and is not to be disclosed outside of official government channels. Do not disseminate this message without the approval of the originator's office. If you received this message in error, please notify the sender by reply e mail and delete all copies of this message. -----Original Message----- Sent: Thursday, March 15, 2018 11:06 AM Subject: RE: SIPR Email Good Morning All, First off I'd like to thank you again for your help/guidance in the matter I wanted to give you a heads up that there are two more videos in the public domain similar to the one reviewed by your shop. Maybe you have seen them? One video seems to be focused on a stationary object and then the other one is an overhead view of an object along the water. We plan to have these videos ready for review, hopefully, within a week. Would your office be willing to do 2 more reviews? Any help would be most appreciative. Thanks again, -----Original Message----- Sent: Friday, March 9, 2018 12:35 PM Subject: RE: SIPR Email Importance: High It was determined to be UNCLASS by Radar and EO_IR IPT leads... No sensitive symbology or other items of concern... "If you are ashamed to stand by your colors, you had better seek another ~ General Bernard W. Rogers Caution: This message may contain competitive, sensitive or other non public information or information which is FOR OFFICIAL USE ONLY (FOUO) that must be protected under the Privacy Act of 1974 (see AFI 33 332) or other statutes and is not to be disclosed outside of official government Do not disseminate this message without the approval of the originator's office. If you received this message in error, please notify the sender by reply e mail and delete all copies of this message. -----Original Message----- Sent: Friday, March 09, 2018 11:08 AM Subject: RE: SIPR Email Do we have a status update on the video that was provided for review/classification determination from the DITMAC Office? Thank you, -----Original Message----- Sent: Thursday, March 08, 2018 11:30 AM Subject: SIPR Email Good Morning Just wanted to give you a heads up that I sent you an email on SIPR. Thanks Subject:RE: SIPR Email Date:Thursday, March 15, 2018 11:07:12 AM Good Morning All, First off I'd like to thank you again for your help/guidance in the matter I wanted to give you a heads up that there are two more videos in the public domain similar to the one reviewed by your shop. Maybe you have seen them? One video seems to be focused on a stationary object and then the other one is an overhead view of an object along the water. We plan to have these videos ready for review, hopefully, within a week. Would your office be willing to do 2 more reviews? Any help would be most appreciative. Thanks again, -----Original Message----- Sent: Friday, March 9, 2018 12:35 PM Subject: RE: SIPR Email Importance: High It was determined to be UNCLASS by Radar and EO_IR IPT leads... No sensitive symbology or other items of co