DEPARTMENTOFTHENAVY

OFFICE OF THE CHIEF OF NAVAL OPERATIONS

2000 NAVY PENTAGON
WASHINGTON DC 20350-2000

5720
Ser DNS-36PS/11U223451
May 19, 2011
Scott A. Hodes
Attorney at Law
Post Office Box 42002
Washington, DC 20015

Dear Mr. Hodes:

SUBJECT: YOUR FREEDOM OF INFORMATION ACT CASE DON2010F0153

This is a partial response on two of the remaining items to

your Freedom of Information Act (FOIA) request of November 2, 2009,
regarding item (8), the number of sailors ordered to attend anger
management classes and/or counseling as a result of a domestic
violence complaint pursuant to a deferred prosecution agreement or
diversion program and item (10), records demonstrating sailors'
attendance of such classes, and records pertaining to any actions
taken if and when sailors failed to attend such classes as ordered.

As you were previously apprised by letter dated July 15, 2010,

the Deputy Assistant Judge Advocate General (General Litigation),
your FOIA appeal was remanded back to this office to make a
determination regarding the records specified in items (4), (8),
( 1 0 ) , ( 18 ) and ( 19 ) .

We coordinated with Commander, Naval Personnel Command (NPC)

and Commander, Navy Installations Command (CNIC) in an effort to
locate responsi v e documents as we felt they were the agencies most
likely to hold information of this type. CNIC determined that
items (8) and (10) were under their cognizance. CNIC required
their regional offices to search for documents in response to your
remanded request for those items. They discovered 300 pages.

Upon review of the responsive documents, we determined that

the names of individuals are exempt from disclosure under 5 U.S.C.
§ 552(b) (6), since release of this information would result in a
clearly unwarranted invasion of their personal privacy. A copy of
the non-exempt portions of the documents is enclosed.

Because the privacy information is denied on this portion

(items (8) and (10)) of your request, you are advised of your right
to appeal my determination, in writing, to the Judge Advocate
General (Code 14), 1322 Patterson Avenue SE, Suite 3000, Washington
Navy Yard, DC 20374-5066. Your appeal must be postmarked prior to
or within 60 calendar days of the date of our final determination
correspondence in order to be considered. A statement as to why
your appeal should b e granted should be included and a copy of this
letter should be attached. Both the appeal letter and the envelope
should bear the notation, "Freedom of Information Act Appeal."

This portion of your request produced 300 pages and over 2

hours of search costs. Because of the delay in our response we are
not charging the processing costs for this portion of your request.

Please note that we are diligently researching who would have

cognizance over items (4), (18) and (19) and will keep you
apprised.

Should you require further assistance, please contact Ms.

Phyllis Shaw at (202) 685-6530 or mary.p.shaw@navy.mil.

Sincerely,
//1/
JJ:t/~
ROBIN L. PATTERSON
Head, DON PA/FOIA Policy Office

Enclosure