Mr. John Greenewald Jr. Dear Mr. Greenewald: DEPARTMENT OF THE NAVY HEADQUARTERS NAVAL CRIMINAL INVESTIGATIVE SERVICE 27130 TELEGRAPH ROAD Q UANTICO VA 22134-2253 SEROOLJF/16U1258 The processing of your request for information pertaining to unidentified flying objects or UFO' s and unidentified submersible or submerged or USO' s has been completed. Our review of the requested documents reveals they contain personal identifiers (such as of third parties, the release of which would constitute an unwarranted invasion of personal privacy. Accordingly, we must partially deny your request and withhold this information pursuant to the Freedom oflnformation Act (FOIA) provisions 5 U.S.C. (b)(7)(C) and (b)(7)(E). All releasable information pertaining is provided to you at enclosure (1). As the official responsible for the partial denial of your request, I am advising you of your right to appeal this determination. Your appeal must be postmarked within 60 calendar days from the date of this letter and should be addressed to the Secretary of the Navy's designee: of the Judge Advocate General, (Code 14), 1322 Patterson Avenue, S.E., Suite 3000, Washington Navy Yard, D.C. 20374-5066. The envelope and letter should bear the annotation "FOIA Appeal." Please include a copy of your original request with your appeal letter. While processing your request we located documents proprietary to other agencies and those documents along with a copy of your request have been referred for review. Upon conclusion of the reviews you will be notified of the result. There are no assessable fees associated with the processing of your request. (1) Documents Sincerely, KAREN RICHMAN CDR, JAGC, USN Explanation of FOIAIP A Exemptions Subsections of Title S, United States Code, Section SSl (A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (B) are in fact properly classified to such Executive order; related solely to the internal personnel rules and practices of an agency; specifically exempted from disclosure by statute (other than section 552b of this title), provided that such statute(A) requires that the matters be withheld from the public in such a manner as to leave no discretion on or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld; trade secrets and commercial or financial information obtained from a person and privileged or confidential; inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency; personnel and medical tiles and similar tiles the disclosure of which would constitute a clearly unwarranted of personal privacy; records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information (A) could be 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 be reasonably expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of confidential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of record or information compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source, (E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention ofthe law, or (F) could reasonably be expected to endanger the life or physical safety of any individual; in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or geological and geophysical information and data, including maps, concerning wells. Subsections of Title IS, United States Code, Section S52a information compiled in reasonable anticipation of a civil action proceeding; material reporting investigative efforts pertaining to the enforcement of criminal law including efforts to prevent, control, or reduce crime or apprehend criminals; information which is currently and properly classified pursuant to an Executive order in the interest of the national defense or foreign policy, for example, information involving intelligence sources or methods; investigatory material compiled for law enforcement purposes, other than criminal, which did not result in loss of a right, benefit or privilege under Federal programs, or which would identifY a source who furnished information pursuant to a promise that his/her identity would be held. in confidence; material maintained in connection with providing protective services to the President of the United States or any other individual pursuant to the authority of Title 18, United States Code, Section 3056; required by statute to be maintained and used solely as statistical records; investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment or for access to classified information, the disclosure of which would reveal the identity of the person who furnished information pursuant to a promise that his/her identity would be held in confidence; testing or e:o<amination material used to determine individual qualifications for appointment or promotion in Federal Government service the release of which would compromise the testing or examination process; material used to detennine potential for promotion in the armed services, the disclosure of which would reveal the identity of the person who furnished the material pursuant to a promise that his/her identity would be held in confidence. Cover Page Page 1 of 1 DECLASSIFIE --sEeRET Nef&RN- UNCLASSIFIED NAVAL CRIMINAL INVESTIGATIVE SERVICES RECORDS MANAGEMENT DIVISION COUNTERINTELLIGENCE/COUNTERTERRORISM RECORDS FORCE PROTECTION UMBRELLA SUPPORT OPERATION FOR Social Security Number: Impersonal Title of Birth: State of Birth: Country of Birth: US-United States of America Case Number: 07FEB12SWND0087XXFP DCII INDEX CODE: Date Closed: G = 25 Years RECORD SERIES (FILE PLAN) I Ops & Readiness-Provide Intel Svcs- Counterlntel (CI)-NCIS Counterlntei/Counterterrorism-Counterlntellnvestigations/Report-Case Files Counterintelligence Investigations/Reports of a Routine Nature 8 Polygraph Examination Conducted EJ Finger Prints Submitted to Code 23C2 ~ Final Disposition Report to FBI Disclosure/Accountability Statement: If this investigation is disseminated outside NCIS, complete NCIS Form 009/10-80, and ensure it is retained in the case file. certify that this doCL mplete. yped Name of SSA Unclassified when separated from attachment unless otherwise indicated. Privacy Act Statement rivacy Sensitive-Any misuse o r unauthorized disclosure may resu~ in. both civil or criminal penalties -ftECL7tSSI~lED -UNC.LASSIFIFD https:?7rtms.ncts.navy .mit/pnntcoversheet.aspx?recnum= 13/12623&print=yes --9710/2013 DECLAS S I FlED Page I of2 UNCLASSIFIED SECRETN NOFORN Amhsid: 512373 Originatorfb)(6) & (b)(7)(C) From: NAVCRIMINVSERVFO SW SAN DIEGO CA(SC) To: NAVCRIMINYSERYFO SW SAN DIEGO CArse), NAVCBIMINYSERVHO NSD QUANTICO VA(sc) , DIRNAYCRIMINYSEBY QUANTICO Primary Precedence: ROUTINE Classification: SECRE'f1'7' f401 ORN Message Type: OTHER-ORGANIZATIONAL Subject: NCIS CASE REPORT: SUPPORT OP FOR PELELIU ARG (CLOSED) 07FEB12-SWND-0087-XXFP REPORT OF INVESTIGATION (CLOSED) FORCE PROTECTION (II) CONTROL: 07FEB12-SWND-0087-XXFP/C I/FORCE PROTECTION UMBRELLA SUPPORT OPERATION FOR PELELIO AMPHIBIOUS READINESS GROUP (PELARG) COM ND/AMPHIBIOUS SQUADRON THREE/55281 DE AT /SWX8/USS PELELI U (LHA 5) I SPECIAL AGENT REFERENCES uss PELELIU (LHA 5) ROI (INTERIM)/30MAR12 PELELIO (LHA 5) (INTERIM)/29MAY12 PELELIU (LHA 5) (INTERIM)/21JUL12 (D) NCISREP 5) ROI (INTERIM)/24SEP12 uss PELELIU (LHA 5) ROI (INTERIM)/26NOV12 (F) NCISREP oss PELELIO (LHA 5) ROI (INTERIM)/14JAN13 (G) NCISREP PELELIO (LHA 5) ROI (INTERIM)/08MAR13 oss PELELIU (LHA 5) (INTERIM)/31~AY13 EXECUTIVE SUMMARY l(u)LSI References (A) through (H) documented Force Protection (FP), Counterintelligence (CI), and Counterterrorism {CT) efforts and General Criminal Investigative support provided to the USS Peleliu (PEL) (LHA-5) Amphibious Readiness Group (PELARG) comprising of Amphibious Squadron Three (PHIBRON 3), the 15th Marine Expeditionary Unit {15th MEU), and all supporting military commands from the period of MAR13 through JUN13. Force Protection Support (FPS) provided by the Naval Criminal Investigative Service (NCIS) involved collections, reporting and protective measures. Information collected by NCIS providing FPS focused on threats posed by international, transitional and native terrorist organizations as well as rebellious groups, Foreign Intelligence Security Services (FISS), and criminal enterprises. (t ~Subsequent to the submission of Reference (H), PHIBRON Three and its su~ordinate cow~ands entered a Planned Incremental Availability (PIA) period and will be birthed at San Diego Naval Station, San Diego, CA, until a readiness date and anticipated to be circa JUL14. In accordance with PIA, PHIBRON 3 and Staff have disembarked. As the b readth of PHIBRON 3 units remain in a non-deployable status and in accordance with the t ransfer of Reporting Agent, the captione d Operation will be closed. (u~) FORCE PROTECTION SUPPORT DATA: DECLASSIFIED BY: NClS!CODE 22 Security Specialist TOTALS DECLASSIFIED ON: 19APR 16 EEE FUNDS EXPENDED DECLASSIFIED UNCLASSIFIED Amhs/compose/dms/print.asp?id=666812&editMode... 9/3/2013 Message: 5123 73 DECLASSIFI Page2of2 ! NCLASSIFIED 3. (U/tFeBG+ The captioned operation was productive and provided the requisite support to PHIBRON 3 and her deployed units. This investigation is closed. DISTRIBUTION INFO: SWFO/SWND/SWX8 DECLASSIFIED https:/ (b)(7)(E) UNCLASSIFIED 'Amhs/compose/dms/print.asp?id=666812&editMode... 9/3/2013 Message: 485266 DECLASSIFIED UNCLASSIFIED Amhsid: 485266 Origlnator\'b)(6) & (b)(?)(C). SI!CRETH NOFORf'F From: NAVCRIMINVSERVFO SW SAN DIEGO CA(SC) To: DIRNAVCRIMINVSERV QUANTICO VA(sc), NAVCRIMINVSERVFO SW SAN DIEGO CA(sc), NAVCRIMINVSERVHO NSD QUANTICO Primary Precedence: ROUTINE Classification: SfCQFI";';' PJ9FEI1Uf Message Type: OTHER- ORGANIZATIONAL Subject: NCIS CASE REPORT: FP SUPPORT FOR PELEUU (INTERIM) 07FEB12-SWND-0087-XXFP REPORT OF INVESTIGATION (INTERIM) FORCE PROTECTION (II) CONTROL: 07FEB12-SWND-0087-XXFP I/FORCE PROTECTION UMBRELLA SUPPORT OPERATION FOR PELELIU AMPHIBIOUS READINESS GROUP (PELARG) COMMAND/AMPHIBIOUS SQUADRON THREE/55281 MADE AT/SWXS/USS PELELIU (LHA 5); (b)(6)&(b)(7)(C). SPECIAL AGENT ~EFERENCES (A) NCISREP USS PELELIU (LHA 5) ROI (INTERIM)/30MAR12 (B) NCISREP USS PELELIU (LHA 5) ROI (INTERIM)/29MAY12 (C) NCISREP USS PELELIU (LHA 5) ROI (INTERIM)/21JUL12 (D) NCISREP USS PELELIU (LHA 5) ROI (INTERIM)/24SEP12 (E) NCISREP USS PELELIU (LHA 5) ROI (INTERIM)/26NOV12 (F) NCISREP USS PELELIU (LHA 5) ROI (INTERIM)/14JAN13 (G) NCISREP USS PELELIU (LHA 5) ROI (INTERIM)/08MAR13 (H) NCISREP USS PELELIU (LHA 5) CASE FILE: (b)(6)&(b)(7)(C). (I) NCISREP USS PELELIU (LHA 5) CASE FILE: (b)(6)&(b)(7)(C). (J) NCISREP USS PELELIU (LHA 5) CASE FILE: (b)(6)&(b)(7)(C). (K) NCISREP USS PELELIU (LHA 5) CASE FILE: (b)(6)&(b)(7)(C). (L) NCISREP USS PELELIU (LHA 5) CASE FILE: (q)(6)&(b)(7)(C). (M) NCISREP USS E'ELELIU (LHA 5) CASE FILE: (b)(6) & (b)(?)(C). (N) NCISREP USS PELELIU (LHA 5) CASE FILE: (b)(6)&(b)(7)(C). (0) NCISREP USS PELELIU (LHA 5) CASE FILE: (b)(6)&(b)(7)(C). (P) NCISREP USS PELELIU (LHA 5)/19MAR13/I/PORT BRIEF UNITED ARAB EMIRATES/USS GREEN BAY/CCN: 19MAR13-SWX8-0014-9ZNA (Q) NCISREP USS PELELIU (LHA 5)/19MAR13/I/FORCE PROTECTION SUPPORT ARAB EMIRATES/US$ GREEN BAY/CCN: 19MAR13-SWX8-0015-5CNA (R) NCISREP USS PELELIU (LHA 5)/25MAR13/I/PORT BRIEF UNITED ARAB EMIRATES/USS PELELIU/CCN: 25MAR13-SWX8-0016-9ZNA (S) NCISREP USS PELELIU (LHA 5)/25MAR13/I/FORCE PROTECTION SUPPORT ARAB EMIRATES/USS PELELIO/CCN: 25MAR13- SWX8-0017-5CNA (T) NCISREP OSS PELELIU (LHA 5)/15APR13/I/PORT BRIEF HONG KONG, CHI NA/USS PELELIU/CCN: 15AE'R13-SWX8-0018-9ZNA (U) NCISREP USS PELELIO (LHA 5)/15APR13/I/FORCE PROTECTION SUPPORT HONG KONG, CHINA/USS PELELIU/CCN: 15APR13-SWX8-0019-5CNA ll..lll..l DECLASSIFIED UNCLASSIFIED Amhs/compose/dms/print.asp?id=63254 3&editMode... 6/4/2013 Message: 485266 # Page2 of3 DECLASSIFIED UNCLASSIFIED (V) NCISREP USS PELELIU (LHA 5)/15APR13/I/PORT BRIEF HONG KONG, CHINA/USS GREEN BAY/CCN: 15APR13-SWX8-0020-9ZNA (W) NCISREP USS PELELIU (LHA 5)/15APR13/I/FORCE PROTECTION SUPPORT HONG KONG, CHINA/USS GREEN BAY/CCN: 15APR13-SWX8-0021-5CNA (X) NCISREP USS PELiLIU (LHA 5)/15APR13/I/PORT BRIEF HONG KONG, CHINA/USS RUSHMORE/CCN: 15APR13-SWX8-0022-9ZNA (Y) NCISREP USS PELELIU (LHA 5)/15APR13/I/FORCE.PROTECTION SUPPORT HONG KONG,CHINA/USS RUSHMORE/CCN: 15APR13-SWX8-0023-5CNA (Z) NCISREP USS PELELIU (LHA 5)/03MAY13/I/PORT BRIEF HAWAII/ USS PELELIU/CCN: 22FEB13-SWX8-0024-9ZNA (AA) NCISREP USS PELELIU (LHA 5)/03MAY13/I/FORCE PROTECTION SUPPORT HAWAII/USS PELELIU/CCN: 3MAY13-SWX8-0025-5CNA (BB) NCISREP USS PELELIU (LHA 5) /03MAY13/I/PORT BRIEF HAWAII/ USS GREEN BAY/CCN: 03MAY13-SWX8-0026-9ZNA (CC) NCISREP USS PELELIU (LHA 5)/03MAY13/I/FORCE PROTECTION SUPPORT HAWAII/USS GREEN BAY/CCN: 03MAY13-SWX8-0027-5CNA (DD) NCISREP USS PELELIU (LHA 5)/03MAY13/I/PORT BRIEF HAWAII/ USS RUSHMORE/CCN: 03MAY13-SWX8-0028-9ZNA (EE) NCISREP USS PELELIU (LHA 5)/03MAY13/I/FORCE PROTECTION SUPPORT HAWAII/USS RUSHMORE/CCN: 03MAY13-SWX8-0029-5CNA EXECUTIVE SUMMARY 1.(ul~) This operation is being conducted in order to document Force Protection (FP), Counterintelligence (CI), Counterterrorism (CT) and Criminal Investigative support to the USS Peleliu (PEL) (LHA-5) Amphibious Readiness Group (PELARG) comprising of Amphibious Squadron Three (PHIBRON 3), the 15th Marine Expeditionary Unit (15th MEU), and all supporting military commands. Force Protection Support ( FPS) provided by the Naval Criminal Investigative Service (NCIS) involves collections, reporting and protective measures. Information collected by NCIS providing FPS will focus on threats posed by international, transitional and native terrorist o~ganizations as well as rebellious groups, Foreign Intelligence Security Services (FISS), and criminal enterprises. 1. (U//FOUO) References (A) through (G) encapsulate all investigative and operational activities that occurred prior to this report. 2. (U//FOUO) Reference (H) cites allegations of suspected sexual assault of (b)(6) & (b)(7)(C) All investigative activity is completed. This investigation was orougn~ ~o an Article 32 and based on the recommendations of the Investigating Officer, command elected to drop the charges against{b)(6) & (b)(7)(C).This investigation is clo.sed. 3. (U/--IFOU(7)-References (I and J) cite onaC'li na i.nvestigations into allegations (b)(6) & (b)(7)(C). used his cellphone to film (b)(6) & (b)(7)(C).while she used the restroom aboard USS Peleliu without her knowledge. During the interrogation for that suspected offense, (b)(6) & (b)(7)(C). acknowledged he sought, found, downloaded and possessed what he described as approximately 100 photos of half-dressed and fully nude photos of children between the ages of 8-12 years. This investigation continues pending further analysis of images provided by the National Center for Missing and Exploited Children (NCMEC) extracted from (b)(B) & (b)(?)(C). cellphone, laptop computer and external hard drive. 4. (U/-tFO'OO) Reference (K) cites allegations (b)(6) & (b)(7)(C). 3exually assaulted (b)(6) & (b)(7)(o.jzhile the two slept in his bed in his apartment at the Pacific Beacon, Naval Base San Diego, CA. This investigation is pending command's prosecutorial determination. 5. (U/fl?et10}Reference (L) cites allegationS(b)(6)&(b)(7)(C}.hoved, punched, and utilized a taser to shock several Marines while aboard USS Peleliu in port in DECLASSIFIED UNCLASSIFIED A.mhs/compose/dms/print.asp?id=632543&editMode... 6/4/2013 Message: 485266 Page 3 of3 Phuket, Thai land .(b)(6) & (b)(?)(C.is also alleged to have shocked and bealb)(6) & (b)(7)(CB!1 ti 1 hP w~.~ nnconscious. During the assaultib)(6)&(b)(7)(C)is alleged to havebitten (b)(6) & (b)(?)(C)face until his mouth was forcibly removed frOitb)(6) & (b)(?)(~)y other Marines. During this reporting perio~)(6) & (b)(?)(Cpled guilty to the aforementioned charges 1 and was sentenced to 10 months confinement and reduced to an E-2. This investigation is now closed. 6. (U/ /FOUOl Reference (M) cites an ongoing investigatior(b)(6) & (b)(?)(q;exually assaulted ile she was sleeping and another occasior(b)(6) & (b)(7)(C$exually assaulted (b)( )&(b)(?)(C). while she was heavily intoxicated. This investigation is pending command's prosecutorial determination. 7. (U/fFOYO+ Reference (N) cites an ongoing investioation into allegations that S/LOLIN placed his hand inside of an intoxicated (b)(6) & (b)(?)(C). pants while the two sat next to each other on a Liberty Bus in Khalifa, UAE. Command reviewed this investigation and elected to not refer this investigation to an Article 32. This investigation is closed. B. (U// FOUO) Reference (0) cites the details and disposition of (b)(6) & (b)(?)(C). who arrested during the Hong Kong Port Visit by the Hong Kong Police Department for allegedly groping a the breast of a Host nation female. (b)(6) & (b)(?)(C). remains in Hong Kong and will be tried for Indecent Assault on 13Mayl3. 9. (U//FOUO) References (P) thru (S) cite support provided to PELARG while making a port call in. United Arab Emirates. 10. (U//FOUO) References (T) thru (Y) cite support provided to PELARG while making a port call in Hong Kong, China. 11. (U//fOUO) References (Z) thru (EE) cite support provided to PELARG while making a port call in Hawaii. DISTRIBUTION INFO: SWFO/SW