{"id":130315,"date":"2022-09-07T09:14:28","date_gmt":"2022-09-07T13:14:28","guid":{"rendered":"https:\/\/valorguardians.com\/blog\/?p=130315"},"modified":"2022-09-07T09:33:42","modified_gmt":"2022-09-07T13:33:42","slug":"calling-all-barracks-lawyers-legal-question","status":"publish","type":"post","link":"https:\/\/www.azuse.cloud\/?p=130315","title":{"rendered":"Calling All Barracks Lawyers: Legal Question"},"content":{"rendered":"

\"\"<\/a>We’ve been running into some resistance with NARA and NPRC. I don’t know if this is related to the backlog of FOIA requests but they’ve been stating:<\/p>\n

“In working to fulfill your request, we noted that your inquiry did not include the signed consent of the individual whose record is involved; therefore, we are returning your request.\u00a0\u00a0The Privacy Act of 1974 provides for the release of information only with the written consent<\/u> (signature) of the individual to whom the record pertains.”<\/p><\/blockquote>\n

The formal reply from us was:<\/p>\n

\n
I believe that what you say is true unless there is a need to disprove a person’s claims – supported by the Freedom of Information Act.\u00a0 People often make claims that simply don’t add up.<\/span><\/div>\n
\u00a0<\/span><\/div>\n
Are you telling\u00a0me that you will deny any and all Freedom of Information Act requests if they don’t have the signature of the person in question?\u00a0 This may be an interesting legal question as to if the Freedom of Information Act does not circumvent the Privacy Act of 1974 in some cases.<\/span><\/div>\n
\u00a0<\/span><\/div>\n
I read your response as a denial of a Freedom of Information Act request.<\/span><\/div>\n
\u00a0<\/span><\/div>\n
Information can easily be redacted that would keep you in compliance with the Privacy Act of 1974.<\/p>\n

In cases of individuals running scams on people or major acts of fraud, I highly doubt that the individual would provide his\/her signature to have their records released.\u00a0 If people committing fraud realize that nobody can get their records without their signature, the scams will only increase in intensity.\u00a0 You would be an enabler.<\/span><\/p>\n

<\/div>\n
That is why in my request, I included the lines:\u00a0 “I am seeking this information to confirm\/refute potentially false or misleading claims made by this individual regarding his military service.\u00a0\u00a0Confirmation or refutation of these claims is in the best interests of the United States.”<\/span><\/div>\n
<\/div>\n

\nPlease reconsider your stance on this.\u00a0<\/span><\/div>\n<\/blockquote>\n

So, basically we’re looking for a counter argument or points we can make to oppose their position.<\/p>\n

Any points you can help with will be appreciated. This is happening more and more and we think we may have to draft a formal letter to NARA\/NPRC to get this straightened out.<\/p>\n

If you have not obtained your Juris Doctorate degree from an accredited university, experience in barracks or shipboard law is an acceptable substitute.<\/p>\n","protected":false},"excerpt":{"rendered":"

We’ve been running into some resistance with NARA and NPRC. I don’t know if this is … Calling All Barracks Lawyers: Legal Question<\/span>Read more<\/a><\/p>\n","protected":false},"author":663,"featured_media":130317,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[478],"tags":[],"class_list":["post-130315","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-none"],"_links":{"self":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/130315","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/users\/663"}],"replies":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=130315"}],"version-history":[{"count":1,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/130315\/revisions"}],"predecessor-version":[{"id":130320,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/130315\/revisions\/130320"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/media\/130317"}],"wp:attachment":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=130315"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=130315"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=130315"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}