06 October 2011

HQ USAF Denies Having Any C-123 Agent Orange Documentation!

In a response received last month regarding our earlier FOIA in which we sought any and all C-123/Agent Orange documents from Headquarters, USAF, we have been told that no such documents exist!

Please note that this is in conflict with other FOIA responses from 75ABW (Hill AFB) in which Air Staff approval was mentioned in several places regarding the final destruction of the remaining surplus C-123K/UC-123K stored at Davis-Monthan. Somebody is misleading us!

So what happened? Why does one Air Force organization mention Air Staff inquiries and approvals in various memos, some of which were prepared by or sent to general officers at Hill at AFMC, and yet no such records are available from HQ USAF? Apparently, the requested materials have either been destroyed or withheld from release. If the latter, this would be despite the requirements of the FOIA and in conflict with the letter from HQ USAF stating no such documentation exists.

Hard to believe, right? Hard to believe that 21 dioxin-contaminated aircraft...in storage and causing a threatened $3.4 billion fine, described in federal lawsuits, news articles, memos from Agent Orange consultants to the Secretary of Defense, beaucoup documents flowing between HQ AFMC, USAF/SG, GSA, etc...hard to believe they could be destroyed without HQ USAF documentation! Hard to believe that, earlier, over $120,000 was spent to "quarantine" these contaminated airplanes without HQ USAF approval, which surely must have been given! Indeed, hard to believe this entire mess!


September 13, 2011 
1000 Air Force Pentagon 
Washington DC 20330-1000 
Mr. Wesley T. Carter 
(personal info deleted)
Re: FOIA 2011-05821-F 

Dear Mr. Carter;

This is in reference to your July 22, 2011, Freedom of Information Act (FOIA) request for records from the Headquarters Air Force. 

We conducted a search of files within the Secretary of the Air Force Administrative Assistant (SAF/AA) and Secretary of the Air Force Surgeon General (SAF/SG), for records that would be responsive to your request. Unfortunately, we were unable to locate or identify any responsive records, therefore we have no records. 

If you interpret this “No Records” response as an adverse action, you may appeal our decision by writing to the Secretary of the Air Force Thru: HAF/IMIO (FOIA), 1000 Air Force Pentagon, Washington DC 20330-1000 within 60 days from the date of this letter. If no appeal is received, or if the appeal is postmarked after the conclusion of this 60-day period, the appeal may be considered closed. Include your reasons for reconsideration along with a copy of this letter. 

Department of Defense Regulation 5400.7/Air Force Manual 33-302 indicates fees be assessed for processing this request; however, there are no applicable fees in this instance. 

Please direct questions to the undersigned at 703-692-9981, reference FOIA 2011-05821-F. 

Freedom of Information Act (FOIA) 
Disclosure Officer  

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