How to Obtain (or Subpoena) Military Records - From the MSBA Family Law Listserve

Question:

How does one get information from the U.S. Army on a person's discharge and disciplinary history for court?  Can the army even be subpoenaed?

Response:

http://www.archives.gov/veterans/military-service-records/standard-form-180.html

and

http://www.archives.gov/st-louis/military-personnel/about-ompfs.html

and

http://www.doncio.navy.mil/ContentView.aspx?ID=1952

Response:

It appears from your question that the person is no longer in the Army.  In that case the person's records are located at the National Personnel Records Center, 9700 Page Avenue, St. Louis, Mo.  http://www.archives.gov/st-louis/

Certain information about servicemembers and former servicemembers is public information and is subject to release under the Freedom of Information Act, this includes past assignments, rank, current assignment, pay, and characterization of discharge.  Courts martial are public record, non-judicial punishment and adverse administrative actions are not.  If all you need is to ascertain whether a person is on active duty then you can go to the DoD SCRA site https://www.dmdc.osd.mil/appj/scra/scraHome.do and search on the name.

One can subpoena the Army or any of the services.  Your subpoena must be signed by a Judge.  The forms signed by the Clerk of Court are not adequate.  It is best to coordinate with the legal office of FOIA office of the organization from whom you are trying to get the information.

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