Accessing a Person's Military Records: Understanding FOIA and Public Information

Have you ever wondered how to access a person's military records, even if you are not a family member? Understanding the Freedom of Information Act (FOIA) and the various ways to obtain public military records can be quite helpful in many scenarios. In this article, we will explore the processes and requirements for accessing military records, focusing on the FOIA, the DD-214, and the general public's right to access such information.

Understanding the Freedom of Information Act (FOIA)

The Freedom of Information Act (FOIA) is a federal law that gives individuals the right to request access to government records and information. Under FOIA, any person can make a request for information from a government agency if they have a 'articulable' reason for the request. For military records, this means that if you are not a family member, you are considered a member of the general public and may request military personnel records via FOIA.

Access to Official Military Personnel Files (OMPF) for the General Public

According to the Defense Manpower Data Center (DMDC), or if an individual does not meet the definition of a Next of Kin (NOK), then they are considered part of the general public. This means that they have the right to request military personnel records under the provisions of the FOIA. The type of information available through this process can be extensive and may include:

Name Service dates Servicemember Awards MOS (Military Occupational Specialty) Military job duty stations

All this information is considered public for a public servant because all military personnel serve the public in some capacity. The DMDC provides various ways to file a FOIA request, and the process can be accessed here.

Other Ways to Access Public Military Records

While making a FOIA request is a common and legally valid method to access military records, there are additional ways to obtain this information, especially if you just need to know the conditions under which a servicemember left the service. Here are some other options:

DD-214

One of the most direct ways to access information about a servicemember is to obtain their Discharge Paper, commonly known as a DD-214. The DD-214 is a document that contains detailed information about a servicemember's military service, including their dates of service, awards, and discharge information.

It is important to note that many veterans and interested parties can easily obtain a DD-214 by purchasing one from the local County Courthouse. Paying the required fee, usually around $20, will allow you to obtain a copy of the DD-214. It is also possible to request a DD-214 through other channels, such as the National Archives and Records Administration (NARA) or the DMDC.

Private Investigators (PIs) can also be hired to assist in obtaining a DD-214. However, this method is more expensive and requires a licensed PI. While valuable, the process must always comply with legal and ethical standards.

Legality and Ethics of Requesting Military Records

When requesting military records, it is crucial to understand the legal and ethical implications. The FOIA and other methods are strictly regulated to protect the privacy and confidentiality of individuals. It is important to only use the information you have gained for legitimate purposes, such as assisting a veteran or conducting an official investigation.

Always verify your reasons for requesting the information. Make sure you have a valid articulable reason for the request and that the information you gain is used appropriately and lawfully. Misusing military records not only violates privacy laws but can also lead to severe legal consequences.

Conclusion

Accessing a person's military records can be a valuable step, especially if you need to know the conditions under which a servicemember left the service. By understanding the FOIA, the availability of the DD-214, and the general public's right to access such information, you can navigate the process effectively. Whether through a FOIA request, purchasing a DD-214, or other means, always act in accordance with the law and respect the privacy and confidentiality of those involved.

Keywords: military records, FOIA, DD-214