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P. Simmons, Military Lawyer
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Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Freedom of Information Act

What is the Freedom of Information Act?

The Freedom of Information Act is a law that gives the public access to some U.S. government records. If a person was to send a written request for records the government is required to release those records. When there are questions and concerns that deal with the Freedom of Information Act, it is always advisable to seek the help and advice from an Expert. Read below where questions regarding Freedom of Information Act and Laws are answered.

What would the proper procedure be in retrieving records of a court-martial for a former seaman that may have been wrongfully convicted of a crime?

If the sea-man was convicted and is serving a sentence of a year or more there would be a verbatim record of trial and that the person was given an appeal under Article 66, UCMJ. If this hasn't been done request a review of Appendix 2 of the Manual for Court Martial. Another way to obtain military records is to make a request under the Freedom of Information Act.

If a person was deployed to Vietnam and years later found out there was no record of the time spent there in the DD214, what can someone do to get this corrected?

The first thing they would have to do is to request your records. You can request them here:
http://www.archives.gov/veterans/military-service-records/standard-form-180.html

There may be evidence in the military file that supports they were in Vietnam. If not the person would need all evidence such as signed statements of witnesses or a brief of arguments supporting the correction. The application would be made on a DD149 Form which is available at the VA office. . Otherwise the person could make a request for the units command chronology under the freedom of information act.

How would a person that served in the USMC department of the Navy and received an Honorable discharge get the meaning of the number codes on their DD214 from the late 1960's that they do not understand?

Regulations often get modified, replaced or canceled and becomes more difficult to retrieve copies of the older regulations mainly for things more than 10 yrs old. The former serviceman could make a request to the Judge Advocate General of the Navy, Administrative Law Division (Code 13) via the Freedom of Information Act.

How would a former US Navy serviceman obtain records of enemy actions if they were attached to detail at the headquarters of the 1st Marine Division in the late 60's to early 70's?

The Freedom of Information Act would assist if the serviceman was to make a request of the command chronologies for the first Marine Division during the timeframe served. If you have any further questions regarding the Freedom of Information Act feel free to contact the military lawyers for affordable legal assistance.

If a former flight officer of the US Navy was injured while in active duty and didn't have the official investigation report of an accident that resulted in a back injury and wanted to get it, how would they go about obtaining the report?

The person could make the attempt to get the report under the Freedom of Information Act but investigations are not typically discovered at this level. They would have to make a request to the Wing Commander in writing in accordance to the FOIA and that they would be willing to pay processing costs to have the documentation reproduced. The Wing Commander would then have twenty business day to respond and at the end of this time the former Navy officer would know if they could get the investigation report or not.

The Freedom of Information Act was made to give the public access to U.S. government and military records. Freedom of Information Act or FOIA laws can be complicated and confusing and when dealing with the FOIA and many people are not sure of who to ask or where to turn with their questions. If you have questions regarding FOIA military records you could seek the advice of an Expert.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11862
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
characters left:
Military Lawyers are Online Now

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Recent Freedom of Information Questions

  • Hello, my son is currently in the Army basic training at Fort

    Hello, my son is currently in the Army basic training at Fort Benning, GA. He has incurred some serious injuries from his basic training regiment. He has (4) femoral stress fractures. They sent him home on a 30 day convalescent leave and when he returned he was still not recovered sufficiently to start back up in training. They pulled him from his original battalion and moved him to a temporary recovery unit for another 3-4 weeks. He was sent back into basic training with another unit and only lasted a week or so and the injures were still not recovered enough to continue. They have pulled him again and he is getting conflicting information from different people on he base. They have talked about a possible medical discharge or an "early separation". My son had NO prior medical conditions before he went into basic training, he did not play sports as a kid and has never had ANY issues medically. I am concerned if he is medically discharged what will happen to him? He will need medical care...will the Army provide this? He will probably have a disability to continue working in other fields as a civilian as he can't even stand for more than 15 minutes...is there disability available to him? What are the ramifications of an early separation versus a medical discharge? I feel like he needs some legal help so he can make the right choice for his future. He would love nothing more than to continue in the Army, but I am not sure if he leaves ow if he will have the opportunity to re-enlist at a later time if he can fully recover. I am also feeling that if the Army broke him then they need to take care of him (medical coverage and compensation for disability/injury) and help him figure out what he can do for the future.
    He needs to know what his rights are ASAP before he is bullied into making a choice without any realistic information. Please Help!
    Vicki
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