Obtaining Military Records

The government never throws anything away! While occasionally records are lost or destroyed (such as the 1973 fire at the National Personnel Records Center which destroyed records from more than 16 million veterans who were discharged between 1912 and about 1960), the government otherwise keeps military records - the trick is knowing what you want, and where to find them.

Military members can always obtain the most common records online, such as their Leave & Earnings Statements, Retiree Account Statements, and other personnel records. The easiest way to get records is to simply ask the member for them, voluntarily or through discovery. However, should that not be practicable, prepare for headaches trying to figure out what you can obtain, how, and where from.

In general, the government retains personnel, clinical and medical records. Personnel records include: duty stations, training, awards, disciplinary records, evaluations, insurance, discharge information, etc. And who has access to them depends upon how old the records are, and who is asking. Because most military records are protected by the Privacy Act, attorneys cannot subpoena them without a judge's signature.

Obtaining Current Active Duty & Reserve Records

The National Archives has a helpful page on the Location of Service Records. For active duty, you’ll need to contact the branch of the member, for reserves, the relevant reserve command, and for the National Guard, the applicable state Adjutant General.

Army. Active duty and reserve soldiers can access their records online at the U.S. Army Human Resources Command My Record Portal Login.

Air Force. Members may access their records online at the Air Force Personnel Center MyPers.

Members of the public have limited access to records, under the Freedom of Information Act (FOIA), by submitting an SF-180, then waiting. Information available includes name, rank, branch of service, dates of service, salary, assignments, photo, and other information. More comprehensive information is protected by the Privacy Act, and only releasable to the members, next of kin, or pursuant to court order.

Worldwide Locators. The Air Force, Navy and Marines (for Marines, scroll down to expand “Personnel Locator”) have worldwide locators solely to obtain the current duty station of a member. The Army & Coast Guard do not, but for Army enlisted try contacting:

Commander
U.S. Army Enlisted Records & Evaluation Center
ATTN: Locator
8899 East 56th Street
Ft. Benjamin Harrison, IN 46249-5301
Telephone: 1-866-771-6357

Military Status. Whether someone is serving on active duty can be confirmed on the Servicemembers Civil Relief Act Website, from the DOD Defense Manpower Data Center (DMDC). No information other than branch of service is provided Verifying status requires the person's full name, and either his/her SSN or date of birth.

Veteran/Retiree Records

DFAS, the Defense Finance & Accounting Service, is custodian of the retiree records most commonly needed for a family law case, including Retiree Account Statements, Survivor Benefit Plan election forms. As the records are protected by the Privacy Act, they may only be released to the retiree, with a release signed by the retiree, or with a court order signed by the judge. An attorney cannot simply subpoena them.

Run by the national, the National Personnel Records Center, Military Personnel Records is the official repository for personnel, health & medical records of veterans discharged within the past century and deceased veterans.

Who Can Obtain Veteran Records?

• Veterans. Recently-separated veterans can access their own records online from the eBenefits web site, including DD 214s, NGB-22s, AB8 Benefit Verification Letter, and more. More information is available in this eBenefits Fact Sheet. For older records, veterans can complete an online form at eVetRecs, but the request must then be printed out, signed. And mailed in.
• Next of Kin, by following the same procedure at eVetRecs as the veteran.
• The General Public, pursuant to the Freedom of Information Act (FOIA), may request a limited subset of records of veterans who left the military within the past 62 years. Follow the procedures set forth here. The records available include:
• Court Order. See NA Form 13027 for information on how to submit a court order for a veteran’s records. The National Personnel Records Center has a Court Orders page for more information.
• Veterans Administration Records. The veteran herself can obtain records online at the VA’s eBenefits page.

Archival Records

Sixty-two years after separation from the military, a member’s records are transferred from the Department of Defense to the National Archives & Records Administration. They become permanent records of the United States, and members of the general public can access them.

Members of the public can access archival records by paying the appropriate fee (typically $70), and then waiting. These records, however, are for historic interest, and unlikely to be relevant in a family law case.

More Information

Legal Demands for Records/Information (PRC 1864.107D). NPRC Memo on obtaining records via court order.

Discovery from DFAS & Service Member, from Cramp Law Firm, a comprehensive presentation on obtaining a variety of military records.

Responding to Subpoenas, an information paper from the Fort Carson Office of the Staff Judge Advocate.