Freedom of Information Act (FOIA)

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The Freedom of Information Act (FOIA) is a federal freedom of information law that allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States government. The Act defines agency records subject to disclosure, outlines mandatory disclosure procedures and grants nine exemptions to the statute.

 


The government has the responsibility to keep the public informed on how it conducts business. One of the tools available to the public to attain this type of information is access to government records. The Freedom of Information Act are Records Access Laws pertaining to agency records. The FOIA is a federal statute which governs federal records, i.e. those maintained on behalf of a federal agency or Kentucky Department of Military Affairs (DMA).

Every government employee plays a vital role with regard to release of information to the public.

Authority to release records or deny access to records, does not exist at unit/office level. RAOs are trained to assess fees, apply waivers and protect non-Public data/information.

Authority to deny access to records is reserved to the following:

(1) Kentucky DMA Records – Military Records Branch Manager (2) Federal Records – Chief, National Guard Bureau

All requests for federal records exempted from release under the FOIA must be forwarded to the National Guard Bureau with a recommendation to not release the records based on the appropriate citation from the FOIA.

Persons denied access to records have the right to appeal. Appellate Authorities are:

(1) State Records – KY DMA Executive Director (2) Federal Records – Secretary of the Army, Secretary of the Air Force

All requests for information under federal or state records access laws must be forwarded to a designated RAO:

(1) KY DMA State Appeals – KY DMA Executive Director forwards opinion to the KY Attorney General’s office.

(2) Kentucky Army National Guard Freedom of Information Act (FOIA) and Privacy Act requests can be submitted using the following methods:

Kentucky Army National Guard
ATTN: KYARNG FOIA/PA Officer
Boone National Guard Center
100 Minuteman Parkway Bldg 154
Frankfort, KY 40601-6168
Main Office Number: (502) 607-1561
Facsimile number: (502) 607-1321
Email address: ng.ky.kyarng.mbx.foia-office-mailbox@mail.mil

The Kentucky Army National Guard FOIA Office serves as the Requester Service Center for KYARNG FOIA requests. Contact the KYARNG FOIA Office at (502) 607-1589 if you have any questions about the processing of your request. If you are not satisfied with the response from this office, you may contact the NGB FOIA Office at (703) 607-3195 or ng.ncr.arng.mbx.ngb-foia@mail.mil.

Click this link for the DoD Freedom of Information Act Handbook: http://www.dod.mil/pubs/foi/dfoipo/foiaHandbook.html

To obtain copies of inactive Guard personnel files and DD 214s for Kentucky Veterans please contact:

Military Records and Research Branch
1121 Louisville road, Suite 5
Frankfort, KY 40601
Main Office Phone: 502-607-6041
Fax: 502-607-6040

Request military records using the AGO Form 26-12 (Request For Military Records).

To obtain state records from the KY Department of Military Affairs (DMA) using the KY Open Records Act contact the following:

Department of Military Affairs
ATTN: Crystal Simpson
100 Minuteman Pkwy
EOC Building, Room 129
Frankfort, KY 40601
Main Office Number: (502) 607-1541
Email: crystal.l.simpson10.nfg@mail.mil

If you are not satisfied with the response from the center, you may contact the ARNG FOIA Officer at 703-607-3195 or by e-mail FOIA@ng.army.mil.

(3) Kentucky Air National Guard Freedom of Information Act Requests

All requests for Air National Guard records may be directed to ARNG FOIA Officer at (703) 607-3195 or by e-mail FOIA@ng.army.mil


Related Links:

Dept of Defense     U.S. Army     U.S. Coast Guard     Veterans Affairs
KY Department for Libraries & Archives     US Government Information Locator Service     US Dept of Justice