Freedom of Information Act

The Freedom of Information Act (FOIA), known by its legal cite as 5 United States Code (U.S.C.) Section 552, along with Department of Defense (DoD) Publication 5400.7, can be found at Part 286 of Chapter 32 of the Code of Federal Regulations (CFR), which is available in most libraries or online from the U.S. Government Printing Office Access CFR website.

What is the FOIA?

The FOIA allows the general public including foreign citizens, military and civilian personnel acting as private citizens, to request records electronically or in writing from the Federal Government. Some records are released to the public under the FOIA, and may therefore reflect deletion of some information in accordance with the FOIA's nine statutory exemptions or two law enforcement record exclusions. A consolidated list of such records is on the DoD and Air Force FOIA sites. Currently the law allows 20 working days to process a FOIA request upon receipt of the request in the FOIA office.

Who can submit a request?

Members of the public, including foreign citizens, military and civilian personnel acting as private citizens, organizations and businesses, and individual members of the Congress for themselves or constituents, may request records in writing. It is important to remember that the Freedom of Information Act applies only to federal agencies. It does not create a right of access to records held by Congress, the courts, state or local government agencies, or by private businesses or individuals. Each state has its own public access laws that should be consulted for access to state and local records.

101ARW/PA STANDING OPERATING PROCEDURE (SOP)

This SOP, for all personnel assigned to 101ARW/PA and Maine Air National Guard Recruiting and Retention Flight, establishes procedures and protocols for official social media channels.

1. RESPONSIBILITIES: The 101 ARW Public Affairs Office and Maine Air National Guard Recruiting and Retention Flight are responsible for the active management and moderation of all official command social media platforms. Personnel will monitor all public comments and user-generated content to ensure they adhere to the below established comment policy. Personnel are tasked with documenting and subsequently removing any comments that violate these guidelines, such as those containing profanity and hate speech. Staff will also identify legitimate inquiries from the public and, after coordination with the Public Affairs Officer/Superintendent for an approved response, will engage with the community in a timely and professional manner.


2. PROCEDURES: 

2.1. Personnel will actively monitor all official social media platforms for new comments, replies, and user posts. This review shall be conducted at a minimum of two times per duty day (start of day and end of day).


2.2. Comment Evaluation: Upon discovery, all new user-generated content will be immediately evaluated against the established Comment Policy. Each comment or post will be categorized as one of the following:

    a. Policy Violation: Content containing profanity, hate speech, personal attacks, misinformation, or other prohibited material.

    b. Public Inquiry: A direct question requiring an official response.

    c. General Engagement: Positive or neutral feedback that does not require a formal answer.

2.3. For the purposes of this procedure, “Prohibited Material" refers to any user-generated content that falls into one or more of the following categories. All publicly posted comments are subject to review, and any content that violates this policy will be documented and publicly hidden without notice.

    a. Operational Security (OPSEC) Violations - Any comment that reveals sensitive information about military operations, personnel locations, movements, readiness, or other information that could endanger service members or compromise a mission.

    b. Personally Identifiable Information (PII) - Comments that release the private data of any individual, including but not limited to home addresses, phone numbers, Social Security Numbers, or other personal details (an act commonly known as "doxxing").

    c. Threats & Incitement to Violence - Content that contains credible threats of harm against any individual, group, or organization, or encourages illegal or violent acts.

    d. Hate Speech & Discrimination - Attacks, slurs, or derogatory comments targeting individuals or groups based on race, color, religion, national origin, sex (including gender identity and sexual orientation), age, or disability.

    e. Obscenity & Profanity - Comments containing vulgar, sexually explicit, or pornographic language or imagery.

    f. Commercial Endorsements & Solicitation

    g. Partisan Political Activity

2.4. Action on Policy Violations:

2.4.1. Hide the comment from public view.


2.5. Action on Public Inquiries:

2.5.1. Forward the question to the Public Affairs Officer/Superintendent for situational awareness and to determine an appropriate response.

2.5.2. Draft a proposed response based on command messaging and known information.

2.5.3. Post the response only after it has been explicitly approved by the Public Affairs Officer/Superintendent or OIC of the Recruiting and Retention Flight.


2.6. Action on General Engagement: Comments not otherwise deemed prohibited within this policy are included in the definition of general engagement.


2.7. Timeliness: Policy violations will be documented and removed within one hour of discovery during normal duty hours. For public inquiries, an official, approved response should be provided within one business day whenever feasible.

2.8 Acceptable engagement: Acceptable engagement is defined pursuant to AFI 35-101 Figure 5.1 and such AFI shall be posted on the 101st ARW web page.

Personnel Records

Service records on former civilian and military members are NOT maintained by the Air National Guard. They are maintained by the National Archives and Records Administrations' National Personnel Records Center. Records request instructions and contact information is listed on their website.

More Information

To learn more about the FOIA and about how to request information through the FOIA, view the DoD FOIA Handbook.

FOIA Links