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 DEPARTMENT OF THE NAVY
H E A DQ UA RT E RS
N A V AL C RI MI N AL I N VE ST I G AT I VE SE RV
R V I CE
2 7 1 3 0 T E L E G R AP H R O A D
Q U ANT I C O VA 2 2 1 3 4 -2 2 5 3

5720 2017-007866
SEROOLJF/17U1514
August 2, 2017

Mr. John Greenewald, Jr.

Dear Mr. Greenewald:

This responds to your June 23, 2017 electronic Freedom of Information Act (FOIA) request seeking a
copy of records describing the use of hypnosis used by this Service.

Documentation responsive to your request has been located and processed. Our review of these
documents reveals that they contain personal identifiers (such as names and social security numbers) of
third parties, the release of which would constitute an unwarranted invasion of personal privacy.
Accordingly, we must partially deny your request and withhold this information pursuant to the Freedom
of Information Act (FOIA) provisions 5 U.S.C. § 552(b)(6) and (b)(7)(C). All releasable information is
provided to you at enclosure (1). We have also provided an enclosure explaining the various exemptions
of the FOIA.

As the official responsible for the partial denial of your request, I am advising you of your right to appeal
this determination. Your appeal must be postmarked within 90 calendar days from the date of this letter
and should be addressed to the Secretary of the Navy’s designee: Office of the Judge Advocate General,
(Code 14), 1322 Patterson Avenue, S.E., Suite 3000, Washington Navy Yard, D.C. 20374-5066. The
envelope and letter must bear the annotation “FOIA Appeal”. A copy of your initial request and a copy of
this partial denial letter must accompany the appeal.

If you choose not to appeal, you have the right to seek dispute resolution services. You may contact the
Department of the Navy's FOIA public liaison, Mr. Chris Julka, at [email protected] or (703)
697-0031 or the Office of Government Information Services (https://ogis.archives.gov/).

There are no assessable fees associated with the processing of your request.

Should you have any questions, please contact our office at (571) 305-9092 or via electronic mail at
[email protected].

Sincerely,

\\s\\

KAREN RICHMAN
CDR, JAGC, USN

Encl:
(1) Documents
 Explanation of the Nine FOIA Exemptions

The following is a list of FOIA exemptions which apply to Government information in

accordance with 5 U.S.C. § 552(b):

(b)(1) EXEMPTION – Protects Classified Matters of National Defense or Foreign Policy.

This exemption protects from disclosure national security information concerning the national
defense or foreign policy, provided that is has been properly classified in accordance with the
substantive and procedural requirements of an executive order.

(b)(2) EXEMPTION – Internal Personnel Rules and Practices.

This exemption exempts from mandatory disclosure records “related solely to the internal
personnel rules and practices of an agency.” Courts have interpreted the exemption to encompass
two distinct categories of information:
(a) Internal matters of a relatively trivial nature – sometimes referred to as “low2”
information: and

(b)(3) EXEMPTION – Information Specifically Exempted by Other Statues:

This exemption incorporates the disclosure prohibitions that are contained in various other
federal statutes. As originally enacted in 1966, Exemption 3 was broadly phrased so as to simply
cover information “specifically exempted from disclosure by statute.” The new Exemption 3
statute prohibits agencies from releasing under the FOIA proposals,” unless that proposal” is set
forth or incorporated by reference in a contract entered into between the agency and the
contractor that submitted the proposal.”

(b)(4) EXEMPTION – Trade Secrets Commercial of Financial Information.

This exemptions protects “trade secrets and commercial or financial information obtained from a
person (this is) privileged or confidential.” This exemption is intended to protect the interest of
both the government and submitter of information.

(b)(5) EXEMPTION – Privileged Interagency or Intra-Agency Memoranda or Letters.

This exemption protects “inter-agency or intra-agency memorandums of letters which would not
be available by law to a party… in litigation with the agency.” As such, it has been construed to
“exempt those documents, and only those documents, normally privileged in the civil discovery
context.”

(b)(6) EXEMPTION- Personal Information Affecting an Individual’s Privacy.

This exemption permits the government to withhold all information about individuals in
“personnel and medical files and similar files” when the disclosure of such information “would
constitute a clearly unwarranted invasion of personal privacy.” This exemption cannot be
invoked to withhold from a requester information pertaining to the requester.

(b)(7) EXEMPTION – Investigatory Records Compiled for Law Enforcement Purposes.

As amended, this exemption protect from disclosure “records or information compiled for law
enforcement purposes.
 EXEMPTION 7(A) Records of information that could reasonably be expected to interfere
with enforcement proceedings. This exemption authorizes the withholding of “records or
information compiled for law enforcement purposes, but only to the extent that
production of such law enforcement records or information… could reasonably be
expected to interfere with enforcement proceedings.”

EXEMPTION 7(B) Disclosure which would deprive a person of a fair trial or an

impartial adjudication. Records that would prevents prejudicial pretrial publicity that
could impair a proceeding, protect “records of information compiled for law enforcement
purposes (the disclosure of which) would deprive a person of the right to a fair trial or an
impartial adjudication.”

EXEMPTION 7(C) Personal Information in Law Enforcement Records. This exemption

provides protection for personal information in law enforcement records. This exemption
is the law enforcement counterpart to Exemption 6, providing protection for law
enforcement information the disclosure of which “could reasonably be expected to
constitute an unwarranted invasion of personal privacy.”

EXEMPTION 7(D) Identity of a Confidential Source. This exemption provides protection

for “records or information compiled for law enforcement purposes (which) could
reasonably be expected to disclose the identity of a confidential source – including a
State, local or foreign agency or authority or any private institution which furnished
information on a confidential basis – and, in the case of a record or information compiled
by a criminal law enforcement authority in the course of a criminal investigation, or by an
agency conducting a lawful national security intelligence investigation, information
furnished by a confidential source.”

EXEMPTION 7(E) Circumvention of the Law. This exemption affords protection to all
law enforcement information which “would disclose techniques and procedures for law
enforcement investigation or prosecutions, or would disclose guidelines for law
enforcement investigations or prosecutions if such disclosure could reasonably be
expected to risk circumvention of the law.”

EXEMPTION 7(F) Physical Safety to Protect a wide Range of individuals. This

exemption permits the withholding of information necessary to protect the physical safety
of a wide range of individuals. Whereas Exemption 7(F) previously protected records that
“would… endanger the life or physical safety of law enforcement personnel.” The
amended exemption provides protection to “any individual when disclosure of
information about him or her “could reasonably be expected to endanger (his/her) life or
physical safety.”

(b)(8) EXEMPTION – Records of Financial Institutions.

This exemption covers matters that are “contained in or related to examinations, operating, or
condition reported prepared by, on behalf of, or for the use of an agency responsible for the
regulation or supervision of financial institutions.”

(b)(9) EXEMPTION – Geographical and Geophysical Information Concerning Wells.

This exemption covers “geological and geophysical information and data, including maps
concerning wells.”
 U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE

REPORT OF INVESTIGATION (ACTION) 23JUN12

RAPE (II) CONTROL: 12SEP11-NFXH-0019-8FNA

(b)(6), (b)(7)(C)

COMMAND/USS DWIGHT D. EISENHOWER (CVN-69) /03369

MADE AT/NFXH/USS DWIGHT D. EISENHOWER/ (b)(6), (b)(7)(C) SPECIAL AGENT

REFERENCE
(A) NCISRU USS DWIGHT D. EISENHOWER ROI (ACTION)/09Jan12

NARRATIVE
1. Reference (A) requests authorization to conduct a forensic
hypnotic interview with (b)(6), (b)(7)(C) According to the psychological
services unit, NCIS no longer has the resources to conduct forensic
hypnosis. This investigation does not require the research or the
resources for forensic hypnosis to be conducted by outside sources.
ACTION
002D: Cancel lead tasking in Reference (A).
DISTRIBUTION
NCISHQ: 023B
ACTION: 23C1 (Attn: Dr. (b)(6), (b)(7)(C) (E)
INFO: NFNF/NFPV

FOR OFFICIAL USE ONLY

(b)(6), (b)(7)(C) V2 LNN

WARNING
THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
FOR OFFICIAL USE ONLY CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REQUIRE
ACCESS HERE TO CONTENTS MAY NOT BE DISCLOSED TO THE PARTY(S) CONCERNED
Page 1 of 1 WITHOUT SPECIFIC AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
 U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE

REPORT OF INVESTIGATION (OPEN) 22OCT03

DEATH (II) CONTROL: 22OCT03-NENL-0150-7HNS

I/CONNECTICUT STATE POLICE (CSP)/REQUEST FOR FORENSIC HYPNOTIC

ASSISTANCE IN TRIPLE HOMICIDE

COMMAND/DOD INTEREST/00129

MADE AT/NENL/NEW LONDON CT (b)(6), (b)(7)(C) SPECIAL AGENT

EXHIBIT
(1) CSP Request for Assistance/07OCT03...(Copy All)

NARRATIVE
1. On 02OCT03, SGT (b)(6), (b)(7)(C) Major Crimes Unit, Connecticut State
Police (CSP), telephonically contacted Participant to request NCIS
assistance in a triple murder which occurred in Connecticut on
30JUL03. The homicide involved the execution style killing of three
(3) men at the B and B Automotive Shop in Windsor Locks. The
specific request concerned forensic hypnosis to elicit the license
number of the suspect vehicle, seen by a witness immediately prior to
the homicide. This witness will be departing the local area on/about
23NOV03 and has agreed to participate in any contemplated hypnosis.

2. Same date, Participant telephonically contacted Dr.(b)(6), (b)(7)(C)

(b)(6), (b)(7)(C) NCISHQ,
to discuss the matter and a formal request for the
aforementioned assistance was received from CSP on 07OCT03, Exhibit
(1) pertains.

Participant
(b)(6), (b)(7)(C) , Special Agent, NCISRA New London CT

Action
R.0023: Please provide forensic hypnoptic assistance as requested
by CSP. Expeditious handling is requested due to the
pending departure of the only witness to the murders. POC
at NENL is Participant(b)(6), (b)(7)(C)
DISTRIBUTION
NCISHQ: 0023
NCISFO: NENP
ACTION 0023

FOR OFFICIAL USE ONLY

V1
(b)(6), (b)(7)(C)

WARNING
THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
FOR OFFICIAL USE ONLY CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REQUIRE
ACCESS HERE TO CONTENTS MAY NOT BE DISCLOSED TO THE PARTY(S) CONCERNED
Page 1 of 1 WITHOUT SPECIFIC AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
 U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE

ACTION/LEAD SHEET (PENDING) 09JAN01

RAPE (II) CONTROL: 03JAN01-DCWA-0004-8FRR

(b)(6), (b)(7)(C)

COMMAND/ARMED FORCES INAUGURAL COMMITTEE WASHINGTON, DC//

MADE AT/DCWA/WASHINGTON, DC (b)(6), (b)(7)(C) SPECIAL AGENT

1. At First District Headquarters, Metropolitan Police Department

(MPD), Washington, D.C., on 03Jan01, Detective (b)(6), (b)(7)(C) and
Detective (b)(6), (b)(7)(C) disclosed that at approximately 1900
on 29Dec00, (b)(6), (b)(7)(C) who is currently assigned to the Armed Forces
Inaugural Committee (AFIC), was beaten and sexually battered inside
her own personally owned motor vehicle, which was then located in
a commercial parking garage at 600 Maryland Ave, S.W. Washington.
According to (b)(6), (b)(7)(C) had finished work for that day and
was attacked after walking the short distance from her office to
her car. According to (b)(6), (b)(7)(C) the perpetrator, after
accosting (b)(6), (b)(7)(C) got into another car that was parked nearby in
the garage and drove off. (b)(6), (b)(7)(C)said that (b)(6), (b)(7)(C) subsequently
reported what had occurred to persons at AFIC and to the
Metropolitan Police Department. (b)(6), (b)(7)(C) requested
reciprocal investigative assistance from NCISFO- Washington, since
(b)(6), (b)(7)(C) has a Department of the Navy affiliation. Exhibit (1)
documents this investigation to date, to include the development of
a suspect.
2. This investigation is being conducted reciprocally at the
request of the Metropolitan Police Department.
Exhibit
(1) NCISFO- Washington ROI/09Jan00...(Copy 000P, 23CP and DCVH
only)
ACTION
L.000P...As she has agreed to undergo same, conduct forensic
hypnosis of (b)(6), (b)(7)(C) with hope she can relate additional
details associated with the beating and sexual battery she
suffered.
A.23CP...Is requested to furnish authority to polygraph (b)(6), (b)(7)(C)
(b)(6), (b)(7)(C) who is a potential suspect.
I.DCVH...For information.
DISTRIBUTION
NCISHQ: 23B2
NCISFO: DCWA
ACTION: 000P (H)/23CP (H)
03JAN01-DCWA-0004-8FRR 09JAN01
(b)(6), (b)(7)(C) USNR
INFO: 0029/DCVH (F)

FOR OFFICIAL USE ONLY

(b)(6), (b)(7)(C)
NNNN

WARNING
THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
FOR OFFICIAL USE ONLY CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REQUIRE
ACCESS HERE TO CONTENTS MAY NOT BE DISCLOSED TO THE PARTY(S) CONCERNED
Page 1 of 2 WITHOUT SPECIFIC AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE
CONTROL: 03JAN01-DCWA-0004-8FRR 09Jan01

WARNING
THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
FOR OFFICIAL USE ONLY CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REQUIRE
ACCESS HERE TO CONTENTS MAY NOT BE DISCLOSED TO THE PARTY(S) CONCERNED
Page 2 of 2 WITHOUT SPECIFIC AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE

GENERAL ADMINISTRATION 28FEB06

FROM: 0000 GEN: 24-0020

TO: DIST

SUBJ: UPDATES TO NCIS-3, CHAPTER 18 (POLYGRAPH)

REFERENCE
(A) NCIS-3, Chapter 18 (Polygraph and Hypnosis)/February 1999

1. Since publication of reference (a), revisions have been made to

add, remove, and/or modify information contained in the chapter.
Following is an executive summary of significant changes within
Chapter 18.

2. EXECUTIVE SUMMARY OF CHAPTER CHANGES:

A. Title Modified: Polygraph

B. 18-1 Modified: NCIS Polygraph Program

C. 18-3 Modified: Program Administration

D. 18-4 Modified: Requirements for Polygraph Authorization

E. 18-5 Modified: Polygraph Request and Approval Procedures

F. 18-6 Modified: Scheduling and Reporting Responsibilities

G. 18-7 Modified: Miscellaneous

H. 18-8 Removed: Declination of Polygraph Examination

I. 18-9 Removed: Denials of Polygraph Requests

J. 18-10 Removed: Miscellaneous

K. 18-11 Removed: Forensic Hypnosis

L. 18-12 Removed: Definitions and Misconceptions

M. 18-13 Removed: Forensic Hypnosis Coordinators

N. 18-14 Removed: General NCIS Policy

O. 18-15 Removed: Hypnotic Interview Request Procedures

3. Please note that Hypnosis has been removed from the chapter and
published as NCIS-3, Chapter 44, Forensic Hypnosis.

4. Questions concerning this chapter should be addressed to (b)(6)

(b)(6) (Code 24B2), 202-433-9186.

WARNING
THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
FOR OFFICIAL USE ONLY CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REQUIRE
ACCESS HERE TO CONTENTS MAY NOT BE DISCLOSED TO THE PARTY(S) CONCERNED
Page 1 of 2 WITHOUT SPECIFIC AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE
GEN: 24-0020 28Feb06

DISTRIBUTION
NCISHQ: All Departments and Directorates
INFO: WWSSD

FOR OFFICIAL USE ONLY

(b)(6)

WARNING
THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
FOR OFFICIAL USE ONLY CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REQUIRE
ACCESS HERE TO CONTENTS MAY NOT BE DISCLOSED TO THE PARTY(S) CONCERNED
Page 2 of 2 WITHOUT SPECIFIC AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE

GENERAL ADMINISTRATION 22AUG07

FROM: 0000 GEN: 11C-0022

TO: DIST

SUBJ: UPDATE TO NCIS-3, CHAPTER 44 (FORENSIC HYPNOSIS)

REFERENCE
(A) NCIS-3, Chapter 44 (Forensic Hypnosis)/Dec 2006

1. Reference (a) has been updated and the executive summary is as

follows:

a. Modified 44-2.1.b. to address obtaining forensic hypnosis

expertise from external sources when unavailable from within NCIS.

b. Deleted 44-3.2.a.(1)

2. The chapter is available to view, print and/or download on the

NCISnet.

3. POC of this chapter update is Psychological Services Unit, Code

02D.

DISTRIBUTION
NCISHQ: All Directorates and Departments
INFO: WWSSD

FOR OFFICIAL USE ONLY

(b)(6)

WARNING
THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
FOR OFFICIAL USE ONLY CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REQUIRE
ACCESS HERE TO CONTENTS MAY NOT BE DISCLOSED TO THE PARTY(S) CONCERNED
Page 1 of 1 WITHOUT SPECIFIC AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE

301833 11:41 20060228 IN:SSDEMAIL #14398 OUT:NIPRDAAAM #3855

GENERAL ADMINISTRATION 28FEB06

FROM: 0000 GEN: 02D-0001

TO: DIST

SUBJ: ESTABLISHMENT OF NCIS-3, CHAPTER 44 (FORENSIC HYPNOSIS)

REFERENCE
(A) NCIS-3, Chapter 18 (Polygraph and Hypnosis)/February 1999

1. Since publication of reference (a), revisions have been made to

remove Hypnosis from Chapter 18 and establish it as a new chapter,
NCIS-3, Chapter 44, Forensic Hypnosis. Following is an executive
summary of significant changes regarding the sections removed from
Chapter 18 and incorporated into Chapter 44.

2. EXECUTIVE SUMMARY OF CHAPTER CHANGES:

A. Removed Forensic Hypnosis from 18-11, added to Chapter 44-1

B. Removed Definitions and Misconceptions from 18-12, added to

Chapter 44-2

C. Removed Forensic Hypnosis Coordinators from 18-13

D. Removed General NCIS Policy from 18-14, added to Chapter

44-3.1

E. Removed Hypnotic Interview Request Procedures from 18-15,

added to Chapter 44-3.2

3. Questions concerning this new chapter should be addressed to Dr.

(b)(6)Code 02D), 202-433-9621.
DISTRIBUTION
NCISHQ: All Departments and Directorates
INFO: WWSSD

FOR OFFICIAL USE ONLY

(b)(6)

WARNING
THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
FOR OFFICIAL USE ONLY CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REQUIRE
ACCESS HERE TO CONTENTS MAY NOT BE DISCLOSED TO THE PARTY(S) CONCERNED
Page 1 of 1 WITHOUT SPECIFIC AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE