Category: The FOIA Process

  • Military Records and “the Records Fire”

    Many of us have heard something about a “records fire” that destroyed many military Official Military Personnel Files (OPMFs) years ago.  And we’ve also heard some people claim that “my records were destroyed in ‘the records fire’ – and that’s why there’s no record of my <insert award for valor/Special Operations qualification/service here>”.

    But many people don’t know much more than the fact that a fire once happened where many military records were stored.  The reality is that liars using the excuse of a “records fire” to justify false claims about their military service are regrettably common.  Such claims are very often if not almost always false.

    This article will give the facts concerning that fabled “records fire”.  In it, I’ll give some background about the storage activity, its history, and its design – which contributed to the severity of the fire.  I’ll also briefly discuss the fire and its impact.

    And, finally, I’ll discuss what records were – and what records weren’t – affected by the fire.  I’ll also provide some references that provide much more detail.

    BLUF:  if someone was an Army retiree alive in July 1973; served in the Army after 1959; served in the USAF after 1963; or served in the Navy or USMC – it’s a virtual certainty that their records of service were not affected by the fire.  Any claims to the contrary are pure, unadulterated organic fertilizer of the type produced by male bovines capable of reproduction.

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  • The FOIA Process: Part 6 – Interpreting the Results and Miscellaneous Thoughts

    Once you’ve received a FOIA reply that’s not a “we couldn’t find anything” letter, you’ll need to figure out what it’s telling you.  Depending on your background and the service involved you may be able to do that yourself. But in many if not most cases, you’ll need to find someone with substantial military experience in the same service and era as the individual in question to assist you in interpreting what it says.

    For example:  if the individual served in the USMC during Vietnam, it’s a good idea to get someone with Vietnam-era service (or with an extensive military background) to assist in evaluating the FOIA reply against that individual’s claims.  That individual must be someone who “speaks Marine” and understands USMC records and terms.

    I can’t emphasize this enough:  if you can find someone to help you with an extensive military personnel background in the service concerned, you have struck gold.  Their help will be invaluable.  Buy them a drink – or dinner.  (smile)

    Specialty experience (e.g, an actual former Special Forces guy if you’re dealing with someone who’s claiming Special Forces status or qualification) may also be very valuable in identifying lies and exaggerations concerning specialty qualifications and service.  “This Ain’t Hell” is also an excellent resource for sorting out FOIA replies – Jonn absolutely hates military fakes, and he can call on a load of expertise to assist in figuring out if a claim might be legit or not.

    Don’t be afraid to ask for help.  No one knows it all.  There’s simply too much to know.

    Am I punting here?  Damn straight.  At first, you’ll likely learn something new with at least every other FOIA reply you get relating to a sister service – if not with each one.  And you’ll learn a lot about your own service’s history and practices that you didn’t know before, too.

    Unless it’s your service and your era, don’t try to figure it out all by your self; you’re likely to get it wrong.  And even if it is your service and era, no one knows it all.

    Ask for help, if for no other reason than to get a second set of eyes on the docs.

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  • The FOIA Process: Part 5 – So, What Will I Get?

    What you will get, sooner or later, is a reply to your FOIA request.  (If you don’t, you need to refile it!)

    Yeah, I know:  “No sh!t, Sherlock – I figured that much out already.”  (smile)

    Seriously – what you will get in the reply to a FOIA inquiry varies.  I’m going to discuss a few common responses you might get from the National Personnel Records Center.  I’m not going to attempt to discuss replies from state National Guard FOIA offices, as (1) I haven’t submitted many of those, and (2) from the few replies I’ve seen, their formats seem to vary.

    And on occasion, I still get replies in formats, or with things attached, that I’ve never seen before.  So what follows is definitely not comprehensive.

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  • The FOIA Process: Part 4 – How Long Will It Take, and How Much Will It Cost?

    The answer is:  well, that depends.  (smile)

    Cost.

    It’s theoretically possible you may be charged a fee, and fees can be substantial for extensive requests requiring a great deal of research or copying of documents.

    However, it also seems that NPRC generally will waive fees for a simple request from private individuals unless the individual concerned was discharged more than 62 years ago.  From what I’ve seen, most requests for info (e.g., “all info releasable under the FOIA”) for military records less than 62 years old seem to end up being simple requests.

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  • The FOIA Process: Part 3 – What Do I Send, and Where Do I Send It?

    Once you have the information identified in the previous article, you need to prepare a FOIA request for information concerning the individual in question.

    Like most things in the government, now comes the paperwork.  And yeah – there’s a form for that. (smile)

    But here, for once you actually have some options.  You can either use the US Government’s Standard Form 180 (SF180) or a letter to make a FOIA request.  Either will work; which you use is a matter of personal preference.  I personally prefer using a letter, as I can tailor the letter to request specific things I think might be of value and which I suspect may or should be in the individual’s records.  But as I said – either works.

    Whether you choose to write a letter or use the SF180, there are a number of elements a FOIA request must contain.  They’re listed at this National Archives web page.

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  • The FOIA Process: Part 2 – What Do I Need?

    OK, so you want to file a FOIA request.  The question arises – what do you need to do that?

    Obviously, you need an envelope, some paper (or the appropriate blank form), a pen, and a stamp.  (smile)  You also need some information concerning the individual about whom you’re making the inquiry.

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  • The FOIA Process: Part 1 – Intro

    We deal quite a bit with replies to FOIA inquiries concerning military records here at TAH.  They’re a tool that TAH uses to “out” military phonies and prove them to be damned liars.

    But for many the FOIA process is somewhat of a mystery.  So I decided I’d write a short series of articles on the FOIA request process – a brief “how to”, if you like.

    Why now and not earlier?  While Jonn was a National Archives employee, as he stated elsewhere he intentionally stayed out of the FOIA business.  He also intentionally remained ignorant of the FOIA process.  That way, no one could accuse him of using nonpublic information, “inside contacts”, or similar unethical conduct.  Posting a FOIA “How To” on the site would have simply been wrong under those conditions.  So prior to a few days ago I’d not written this article and the ones to follow.

    That’s no longer the case.  I’ve now got the “green light” from Jonn to post these articles here at TAH.

    I’m not saying that what I’m going to describe in these articles is the only or best way to do FOIA requests, or that I’m a expert in the area.  But what I’m going to describe seems to work fairly well for me.

    Why?  Simple.  The more people who know how to do a FOIA request relating to military records, the greater chance we have of seeing those who make false claims concerning their military records get “busted”.

    That’s a good thing.

    What will follow is a series of six articles.  The first follows immediately; the remainder will follow over the next few days.

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