Free Supplemental Brief - District Court of Federal Claims - federal

Case 1:03-cv-00289-FMA

Document 95-2

Filed 07/31/2006

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Appendix A - Summaries of Affidavits and OIG data

Case 1:03-cv-00289-FMA

Document 95-2

Filed 07/31/2006

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MTF WBAMC BAMC

Affiant Oscar Molinar Debra A. Thompson

First Knowledge Fall 2002 Fall 2002

Retention Reference AR 25-400-2 DoD FMR Vol 1

Retention Time 2 years Cc records to be retained 6 yrs 3 mo. AR 25-400-2

Comments All records destroyed DOJ collected PV files in Feb 2005. Credit card files she thought were destroyed were found in June 2006. Being held pending further instruction. These records not produced to Plaintiff Everything destroyed in 1998 Notes general reference from Amendolia; Docs boxed but apparently not marked for preservation, so destroyed in October 2005. No guidance on how to handle records pertaining to a dispute, so probably why pre March 2001 records are gone. All docs destroyed. Only additional communication, May 2005 Still has some records References attached email, email not attached. Ft Sill docs not provided to Plaintiff Visited by DOJ representative who advised that UMS records were useless so they were destroyed. No instruction not to destroy Believes predecessor may have original notice of claim, but Songer has been in position since 2001. All records destroyed for periods prior to June 2003 No docs destroyed. Neglected to destroy,

Reese AFB Laughlin AFB

Sharlotte Terry May 23, 2006 William May 2006 Marchand

Sheppard AFB Ft Sill

Terry Steele Bruce Christie

Amendolia email 2002 Oct 1, 2002

FAR 4.805(b)(10) AR 25-400-2

12 months 2 years

WBAMC

Lynn Nelson

March 2003

n/a

2 years

Bliss Army Health Ctr

Cliff Songer

About January 2005 of notice of claim and lawsuit October 2005

References only current retention policy.

6 yrs 3 mo for some, 3 yrs for other

Ft Hood

Judy Tyler

3 yrs

Case 1:03-cv-00289-FMA

Document 95-2

Filed 07/31/2006

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Corpus Navy

Maria M Trevino

May 10, 2006

3 yrs

Tinker AFB

Jennifer Crosby

May 10, 2006

Randolph AFB Altus AFB Goodfellow AFB

Kenneth Chapman Jesse Schrunk Angela Yuhas

May 10, 2006

6 yrs 3 mo

May 10, 2006 May 11, 2006

3 years https://afrims.amc. 6 yrs 3 mo. Af mil

Cannon AFB

Mark Sabroski

May 16, 2006

04 R 13.00

6 yrs 3 mo

all encompassing destruction freeze in 2004. Only credit card records produced to Plaintiff All records have been destroyed. Totally unaware of lawsuit. Destruction years ago, so specific date not given Has quite a few records moved to secure location . Substantial records destroyed in 2004 and 2005 Remaining records have not been produced to Plaintiff Destroyed by shredding for fiscal years 1999 and before Remaining records have not been produced to Plaintiff All docs have been destroyed Records prior to Oct 1, 1999 were destroyed in 2004 and 2005 Remaining records have not been produced to Plaintiff Found potentially relevant records for period March 1999 thru 2001 Records before 1999 probably shredded These documents have not been produced to Plaintiff.

Air Force Legal Dallas NAS Holloman AFB

John Terra Julia Hatch Winston Massey

May 18, 2006 May 19, 2006 May 19, 2006

n/a

n/a No person with personal knowledge IMPAC records destroyed 1

Case 1:03-cv-00289-FMA

Document 95-2

Filed 07/31/2006

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Dyess AFB Vance AFB

Dwayne Baca Mark Green

May 23, 2006 May 25, 2006

Brooks AFB

Marc Tawil

May 30, 2006

FAR 4.805 RIMS T41-04R13.00 AF Manual 37-123 AF Instruction 41209 AF Instruction 64117 AFI 41-209; Chapter 3.39.2

year after final payment various 6 yrs 3 mo. 3 years for cc records if maintained separately 6 yrs 3 months

Investigated and does not appear there was prior knowledge or efforts made to preserve

5 pallets of IMPAC records found for period 1997 ­ 2006. Would not destroy records if aware of claim or lawsuit. These documents have not been produced to Plaintiff.