How to Submit an Appeal

The Policy, Appeals, and Litigation Branch processes appeals for the Office of the Secretary of Defense and the Joint Staff, the Combatant Commands, the DoD Education Activity (DoDEA), the Defense Technical Information Center (DTIC), and the TRICARE Management Activity. Requesters desiring to submit an appeal should follow the guidance provided in the "How to Submit a FOIA Request" section, plus include your original request number and date of the initial determination in any communication/submission.

Click here to see the FOIA Appeal Form

Requesters may appeal any determination that they consider to be adverse. The following are adverse determinations and are subject to appeal:

1. A requested record is denied in whole or in part.
2. A reasonable search of files failed to identify responsive records.
3. The disapproval of a fee category claim by a requester, the disapproval of a request for waiver or reduction of fees, and a dispute regarding fee estimates.
4. A determination not to grant expedited processing.
5. Not providing a response determination to a FOIA request within the statutory time limits.
6. Any determination found to be adverse in nature by the requester.

Appeals may be submitted to the following address, or initiated via the appeal request form.
Mr. Jim Hogan
Chief, Policy, Appeals, and Litigation Branch
Office of Freedom of Information
1155 Defense Pentagon
Washington, DC 20301-1155
FAX: (703) 696-4506

For further information, see DoD 5400.7-R, DoD Freedom of Information Act Program. (PDF | 1 KB)

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