Understanding the way that the government categorizes and maintains military records can be frustrating. To complicate matters, the rules are often changing as the National Archives attempt to walk the tight-rope of allowing public to access to military service records while simultaneously protecting the privacy of individual veterans. One question that I hear quite frequently is: How do you know which military service records are open to the public and which are closed due to privacy concerns? The rules regarding the availability of military service records are actually less complicated than they appear at first glance. The most important factor regulating the availability of military service records is the date that the veteran was discharged from the military.
The military service records of veterans who were discharged from the service LESS than 62 years ago from today’s date are not open to the public. These military service records are considered to be non-archival. non-archival military service records usually include the military service records of veterans who served in the military late in the Korean War all the way through to present day. Archival military service records, by contrast, are comprised of personnel files of veteran’s who were discharged OVER 62 years ago from today’s date. The distinction between these records is made in order to protect the privacy of veteran’s who served in the military more recently, and the National Archives strictly regulates the release of non-archival military service records.
Archival military service records are records of veterans who were discharged OVER than 62 years ago from today’s date and are open to the public.
Non-archival military service records are records of veterans who were discharged LESS than 62 years ago from today’s date and are not open to the public.
You should now have a handle on how the National Archives distinguishes between military service records that are open to the public (Archival) and those that are closed to the public (Non-Archival). Researching an ancestor’s participation using military service records that are open to the public (Archival) is less complicated and you can read more about this in my article here: How to Obtain a Military Service Record.
Accessing Military Service Records That are Closed to the Public
So, what if you want to do genealogical research using the records of a veteran that are not open to the public (Non-Archival)? It may still be possible for you to access the complete military service record of your veteran. There are three ways that you can access information from non-archival military service records (records of a veteran who was discharged LESS than 62 years ago from today’s date).
1. Get the permission of the veteran if he or she is still living. You will need the written permission of a veteran who is still living if you want to access their complete military service record. Again, this is for service records of veterans who were discharged LESS than 62 years ago from today’s date. Once you have the written permission of the veteran you will be able to access their complete military service record. The government proves copies of non-archival military service records to veterans free of charge. You will need to know basic information in order to access the correct military service record. Most importantly will be the full name, date of birth, place of birth and serial number (or social security number) of the veteran if known. The serial number was changed to the veteran’s social security number in the years after 1969.
2. If the veteran is deceased, and you wish to access their complete non-archival military service record, you will need the permission of the immediate next of kin. In this case the next of kin means a parent, sibling or child of the veteran. This is how the National Archives defines ‘next of kin’ and there are no exceptions. I often get extended family members or grandchildren who think they are the next of kin. They may be the only surviving kin to the veteran, however the government does not considered them to be the veteran’s next of kin and they will not be allowed to access the complete personnel file of the deceased veteran (unless they have the permission of the next of kin). If the veteran is deceased and you are the veteran’s next of kin, you will need to provide proof that the veteran has passed away. This can be anything from a copy of the death certificate, obituary, or social security death index from Ancestry.com. Knowing the veteran’s full name, date of birth, place of birth and serial number/social security number will also be important for identifying the correct military service record.
3. If you do not have access to the veteran or the next of kin (parent, children or sibling of the veteran), the only available option will be to request basic information under the Freedom of Information Act. The documents that you receive from this request will not consist of the complete military service record, but only the information that the government considers to be releasable to the public without compromising the privacy of the veteran. This includes things such as a photo of the veteran, ranks, duties, stations, units served with and awards received throughout their military service. The quality of the response to your F.O.I.A request will vary depending on the employee processing your request at the National Archives. When it is your only option for accessing info and researching an ancestor, a F.O.I.A. request can provide useful information for understanding the military service of your veteran. I’ve put together a short guide for requesting basic information under the law here: Requesting Military Service Records Releasable Under the Freedom of Information Act.
February 28, 2016
Tam- thanks for thiinkn’ of this and mentioning it. As a guy who got out 40 years ago, I feel it’s an honor for me to buy for those who’re now serving or are recently discharged.Too bad they’re still stuck usin’ the M16, but at least it’s lighter than the ol’ M14. BTW, they used to say that a vet never forgets the serial number of his weapon, and the last M14 I was issued was 1128744.Rob J (inbredredneck)