House Republicans Propose Restricting Public Access To Service Members’ Military Records

House Republicans aim to halt the long-standing practice of the Defense Department releasing service records summaries to the public.

Their proposed bill in the House Appropriations Committee would prevent the use of funds to disclose personal information about current and former service members, information that news organizations and some employers rely on for verification.

The Pentagon currently allows the release of various details, including name, rank, duty assignments, awards, and more, unless it invades personal privacy. The new proposal seeks to make it illegal for the military to release information without the consent of current or former members, with exceptions for deceased individuals if their next of kin provide consent.

While the provision’s fate in the final spending bill remains uncertain, Defense officials express concerns that it could advance through the House and Senate amidst competing partisan issues.

The proposed change would require the public, news organizations, and employers to file Freedom of Information Act (FOIA) requests to obtain the information, with the individual being notified before release.

However, the FOIA process is often slow and backlogged, causing significant delays in fulfilling requests that can span months or years. The military can fulfill requests from federal government entities and state/local law enforcement agencies. Pentagon spokesperson Cmdr. Nicole Schwegman declined to comment, citing “It would be inappropriate to comment on pending legislation.”

The Republican bill is a response to recent incidents where the Pentagon mistakenly released private information of GOP politicians who are former service members. Nebraska Rep. Don Bacon and Iowa Rep. Zach Nunn, both retired or former Air Force officers, were informed by the Air Force that their personal records were released without consent during the midterm election campaigns. The individual requesting their records had ties to the Democratic Party.

Additionally, the Air Force acknowledged improperly releasing personal health information about Jennifer-Ruth Green, an Indiana House Republican candidate who had experienced sexual assault during her military service. Green subsequently lost her primary race.

The Air Force admitted the mistake and pledged to share the results of their investigation with the Department of Justice.

According to Air Force spokesperson Ann Stefanek, “Department of the Air Force employees did not follow proper procedures requiring the member’s authorizing signature consenting to the release of information. There was no evidence of political motivation or malicious intent on the part of any employee.”

However, in that case, the release of information occurred through a separate application called the Standard Form 180 (SF-180). This form allows individuals to request the release of more detailed and sensitive information beyond what is typically provided to the media and the public by the military. The SF-180 requires the service member’s signature and consent for the release, which was not obtained in the instances of the lawmakers’ information being disclosed.

A defense official described the current situation as, “This is a complete overreaction to a misunderstanding. People are conflating two processes.”

If the proposed House Republican bill becomes law, it could potentially limit the public’s ability to verify important details such as someone’s earned medals, awards, rank, responsibilities, or even their military service itself. This could have implications for ensuring accuracy and transparency.

To address instances of false claims about military service, Congress passed the Stolen Valor Act of 2013. This act made it a crime for individuals to falsely claim to have received specific military medals, such as the Bronze Star or Purple Heart, with the intention of gaining personal benefits or financial advantages.