How to File A FOIA Appeal
If you have created an account in FOIAonline (https://foiaonline.regulations.gov), you may submit an appeal directly within the web-based system. To do this, you would log into your account, retrieve your original request, and then click on the "Create Appeal" tab in the left-hand column. The basic information will be duplicated for you, and then you can type in the basis of your appeal.
If you do not have an account or prefer to use regular mail you may also file in writing (see below).
You may file a FOIA appeal for any of the following reasons:
- denial in whole or in part of information
- disapproval of a fee category claim
- disapproval of a request for waiver/reduction of fees
- dispute regarding fee estimates
- review of a determination not to grant expedited access to agency records
- a “no records” determination when you consider such response adverse in nature
- failure to provide a response determination within the statutory time limits
- or any determination found to be adverse in nature to you.
To enable us to promptly act on your appeal, please include a copy of your initial FOIA request, a copy of the response letter, and include a brief statement regarding why you believe your appeal should be granted.
Where to File Your Appeal
The response letter you receive should list the name and address of the appellate authority should you choose to file an appeal. Additionally, it will advise you that your appeal must be received within ninety (90) days of the date of response letter to be considered.
The General Counsel (GC) and Judge Advocate General (JAG) are delegated authority to act on FOIA appeals for the Secretary of the Navy.
Their areas of responsibility are:
matters affecting DON legal services in subordinate commands, organizations, and activities in the areas of business and commercial law, real and personal property law, environmental law, and such other legal services as may be required to support the mission of the Navy and the Marine Corps, or the discharge of the GC’s responsibilities.
matters where the initial request pertained to military justice, military law, and any other matter not under the cognizance of the GC.
Their addresses are as follows:
General Counsel of the Navy
Department of the Navy
Office of the General Counsel
ATTN: FOIA Appeals, Room 5A532
1000 Navy Pentagon
Washington, DC 20350-1000.
To ensure timely receipt, appeals may also be faxed to the attention of: "Navy OGC FOIA Appeals Office" at (703) 614-9404.
Judge Advocate General
1322 Patterson Avenue SE, Suite 3000
Washington Navy Yard DC 20374-5066
To ensure timely receipt, appeals may also be faxed to the attention of: "Judge Advocate General FOIA Appeals Office" at (202) 685-5472.