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Conway v. United States Agency for Int'l Dev.

United States District Court, D. Columbia.

August 17, 2015

GREGORY JAMES CONWAY, Plaintiff,
v.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, et al. Defendants

Page 172

For GREGORY JAMES CONWAY, Plaintiff: Daniel J. Stotter, STOTTER & ASSOCIATES LLC, Corvallis, OR.

For UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES ARMY, Defendants: Derrick Wayne Grace, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE FOR THE DISTRICT OF COLUMBIA, Washington, DC.

Page 173

MEMORANDUM OPINION

TANYA S. CHUTKAN, United States District Judge.

Plaintiff Gregory James Conway is the nephew of Marilyn L. Allan.[1] (Def. Ex. 1 at 41). Allan, whose federal service records are at the heart of this case, served with the U.S. Agency for International Development (" USAID" ) as a nurse in Vietnam until 1967, when she was killed by U.S. Army Captain Larry Peters. ( Id. at ¶ ¶ 14, 22). Pursuant to the Freedom of Information Act (" FOIA" ), 5 U.S.C. § 552, Conway sought documents from defendants the U.S. Army (on January 16, 2014) and USAID (on February 3, 2014) related to Allan's service and death. ( Id. ).

Defendants located no responsive records. Conway filed this lawsuit alleging failure " to provide . . . all non-exempt responsive records" and failure " to perform an adequate search for records responsive to Plaintiff's FOIA request in a manner reasonably calculated to locate responsive records." (Am. Compl. ¶ ¶ 31, 38). The parties have cross-moved for summary judgment. For the reasons set forth below, the motions are DENIED without prejudice.

I. DEFENDANTS' SEARCHES

A. U.S. Army

i. Records Systems

The U.S. Army Criminal Investigation Command (CIDC) " is the Army command responsible for investigating serious crimes whenever an Army interest exists and jurisdiction has not been reserved to another agency." (Kardelis Decl. ¶ 3). Its records are stored at the U.S. Army Crime

Page 174

Record Center. (Kardelis Decl. ¶ 3). The Record Center is not a records repository for all military offenses, but only for particular offenses of a certain severity which were investigated by the Army itself. ( Id. ¶ 3). The CIDC has at least four law enforcement databases, including:

o the Army Criminal Investigation Criminal Intelligence System (" ACI2" ), containing records dating from 1987;
o the Centralized Operations Police Suite (" COPS" ), which contains, amongst other things, Military Police Reports dating from 2004;
o the Defense Central Index of Investigations (" DCII" ), with records beginning in 1974; and
o the Automated System Crime Record Center (" ASCRC" ), which contains the oldest records of the four computerized databases described by ...

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