Understanding the Freedom of Information Act (FOIA): How to Request Military Records
The Freedom of Information Act opens the door for individuals and families to request military records and other government-held documents. For those who’ve served in the armed forces—or have a loved one who has—the ability to access these records can be important for legal, financial, and personal reasons.
At the Law Office of Shannon James PLLC,individuals can get help requesting documentation through the Freedom of Information Act (FOIA) when dealing with military matters, administrative hearings, or career-impacting disputes. The firm serves clients in Washington, D.C., and across the United States.
Understanding the application process, knowing where to send requests, and recognizing which records can be released helps reduce delays.
What Is the Freedom Of Information Act?
The Freedom of Information Act (FOIA) is a federal law that grants public access to records from any U.S. government agency. Signed into law in 1966, it’s designed to make government operations more transparent by allowing citizens to request information held by federal departments—including the military.
FOIA applies to executive branch departments, agencies, and offices. However, it doesn't extend to Congress, the federal courts, or state and local governments. When it comes to military matters, the Freedom of Information Act can be used to request records from the Department of Defense and the branches of the U.S. Armed Forces.
Why Military Records Matter
Military records often contain key details that are used in legal cases, discharge upgrades, veteran benefits applications, or appeals within the military justice system. These records may include:
Service history: Dates of service, training, ranks, and assignments
Discharge documents: DD Form 214, including discharge type and reason
Medical records: Treatment received while on active duty
Evaluation reports: Performance reviews that may affect promotions or career paths
Administrative proceedings: Non-judicial punishments, complaints, or investigations
Requesting these records under the Freedom of Information Act provides individuals and their legal representatives with the documentation needed to pursue justice, correct inaccurate records, or support their claims.
Records Available Under FOIA
Not every military document is automatically available. Some files are classified, contain personal information, or fall under other exemptions. However, the following are commonly released through a FOIA request:
Official Military Personnel File (OMPF): A summary of service records
Court-martial transcripts: Records of military judicial proceedings
Medical and mental health records: If not restricted by HIPAA or other laws
Investigative reports: Redacted versions may be available if sensitive material is removed
Freedom of Information Act logs: Past FOIA request logs from agencies
Military records are generally maintained in the custody of the Department of Defense or the National Archives, depending on the age of the record.
Who Can Submit a FOIA Request
FOIA requests can be submitted by:
The service member or veteran: For access to their own records
Family members: In cases involving deceased service members or legal claims
Attorneys: When representing a client in a legal or administrative matter
Researchers and journalists: To study patterns in military justice or policy
When submitting on someone else’s behalf, written consent or proof of relationship may be required.
How to Request Military Records Under FOIA
The process for requesting records through the Freedom of Information Act includes the following steps:
Identify the correct agency: Requests should go directly to the agency that holds the records. For example:
Department of the Army, Navy, or Air Force
Defense Health Agency (for medical records)
National Personnel Records Center (for older or archived files)
Write a clear request: Include as much detail as possible, such as:
Full name of the service member
Dates and branch of service
Type of record requested
Date range and subject matter
Any identifying information (e.g., Social Security Number, service number)
Mark it as a FOIA request: Clearly label the request letter or form as a “Freedom of Information Act Request” to prevent misrouting.
Include contact and mailing information: Provide a return address, phone number, and email in case the agency needs clarification.
Submit the request: Requests can usually be submitted via mail, email, or online portals, depending on the agency.
By following these steps, individuals can effectively manage the FOIA process to obtain military records. Providing accurate details and directing the request to the appropriate agency helps assure timely and successful processing.
Whether you're seeking service records for personal, legal, or historical purposes, a well-prepared FOIA request is the key to accessing the information you need.
What to Expect After Submission
After submitting a Freedom of Information Act request, the agency will send a confirmation that the request was received. Timelines for processing vary depending on volume and the complexity of the request.
Simple requests: May take 20–30 business days
More involved cases: Can take several months, especially if documents need to be reviewed or redacted
Agencies may request additional information, charge copying fees, or issue a denial based on one of the nine FOIA exemptions.
FOIA Exemptions That May Affect Military Record Requests
Although FOIA is designed to promote transparency, it also includes limits that protect privacy, national security, and agency operations. Some of the most common FOIA exemptions affecting military records include:
Classified national defense information: Documents that could compromise national security
Internal personnel rules: Non-public administrative policies
Medical privacy: Protected under HIPAA
Law enforcement records: If disclosure could interfere with ongoing investigations
Personal privacy: Information that would violate the privacy rights of third parties
When exemptions apply, agencies may release redacted documents or deny the request entirely. Appeals are available for denials.
Appealing a FOIA Denial
When your FOIA request gets denied or you only receive part of what you asked for, don't give up—you have the right to challenge that decision. While every agency handles appeals a bit differently, most follow a similar process that typically includes these steps:
Submit a written appeal: Within the timeline stated in the denial letter
State reasons for appeal: Explain why the denial should be reconsidered
Include original request and denial: For reference and recordkeeping
Send to the correct appeals office: Information is usually provided with the denial notice
If the appeal fails, individuals may seek review in federal court, though this is usually a last resort.
FOIA Vs. Privacy Act Requests
While the Freedom of Information Act covers general government transparency, the Privacy Act of 1974 gives individuals access to records about themselves. For military records, this means:
FOIA requests: Broader, can be made by anyone
Privacy Act requests: Limited to the subject of the record
Sometimes, both laws apply. For example, a request for a service member’s medical file may fall under both FOIA and the Privacy Act.
Records Not Available Through FOIA
Some documents simply can't be obtained through a FOIA request, such as:
Classified operational details: Intelligence gathering, troop movements, etc.
Third-party evaluations: Without written consent
Records still under investigation: Until the process is closed
Certain court records: Federal court records aren't covered by FOIA
When documents are restricted, individuals may have other legal avenues, depending on the situation.
Tips for Submitting A Strong Request
To avoid delays and improve the chance of receiving the needed records:
Be as specific as possible: Vague requests often get rejected
Use full names and dates: Small details matter
Include a purpose: Although not required, stating the reason can help
Follow agency procedures: Each agency has its own forms and delivery preferences
Keep copies of everything: Including tracking information for mailed requests
Taking these steps can help agencies process the request more efficiently and reduce the risk of errors or rejections.
When a Lawyer Can Help
Legal help may be useful in the following situations:
Challenging a denied request: Particularly when valuable benefits or legal rights depend on the documents
Requesting large files or classified materials: Which may involve back-and-forth with multiple agencies
Seeking discharge upgrades: Which require detailed record analysis
Litigating military matters: Where complete documentation may support the case
The Law Office of Shannon James PLLC assists clients with FOIA submissions, appeals, and related military law cases in Washington, District of Columbia, Phoenix, Arizona, and across the country.
Contact a Lawyer for Help With FOIA Requests
The Freedom of Information Act puts the power in your hands to request vital military records—but managing the process isn’t always easy. If your request is denied or only partially fulfilled, you still have the right to appeal. The Law Office of Shannon James PLLC is here to help you every step of the way, serving clients in Washington, D.C., and across the country. Reach out today for professional guidance on requesting or appealing military documents.
