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November 09, 2007

National Personnel Records Center (NPRC)

Military service records are kept by the National Personnel Records Center (NPRC) which is under the jurisdiction of the National Archives and Records Administration. The address is The National Personnel Records Center, Military Personnel Records, 9700 Page Avenue, St. Louis, Missouri 63132, fax: 314-801-9195, www.archives.gov/veterans/military-service-records/

The military record sought is known as the DD-214 which is the document that military personnel receive when discharged from the U.S. Navy, Army, Air Force, Marine Corp, or Coast Guard.

The request form used to obtain a DD-214 is known as Form SF-180.  The NPRC will release the data if the veteran (or next-of-kin if the veteran is deceased) authorizes the release of information.  The authorization must 1) be in writing; 2) specify what additional information or copies are requested that NPRC may release; and 3) include the signature of the veteran or next-of-kin.  Otherwise, a request is treated as a FOIA request and a limited amount of information will be released.

Using Form SF-180

This form can be requested in writing from the NPRC or can be downloaded as a pdf file. The form and instructions are found at www.archives.gov/st-louis/military-personnel/standard-form-180.html.  Also, the SF-180 can be obtained from the Department of Defense, Federal Information Centers, local Veterans Administration offices, and from veterans' service organizations.

Use of the SF-180 is not mandatory as long as the request is in writing and signed by the requester. But include as much of the following as possible - The veteran's complete name used while in service, the service number or SSN, branch of service, and dates of services if known. The DOB is helpful. If the records were part of the 1973 fire, then including the place of entry, discharge, and last unit of assignment is quite helpful.

The turnaround time for most requests is about 10 days plus mail time. However, requests that involve reconstruction efforts due to the 1973 fire, or older records which require extensive search efforts, may take 4 weeks to 6 months to complete.

About the DD-214

There are actually a number of different copies of the DD-214 with different sets of information. A discharged service person receives Copy 1, which has the least information. Copy 4 gives the nature of the discharge - General, Honorable, Dishonorable, Undesirable - and details of service. There are codes that characterize the service record including SPD (Separation Program Designator), SPN (Separation Program Number) and RE (Re-Entry).  For a discharged service person to get Copy 4, the person must actually ask for it.

Per Les Rosen, author of The Safe Hiring Manual:   "In order to avoid potential EEOC claims, an employer should treat a dishonorable discharge in the same fashion as a criminal conviction.  A general discharge or undesirable discharge may or may not have any bearing on employment and generally should not be the basis of an employment decision."

"The best advice may be to use the basic DD-214 to confirm a person was in fact in the military, then ask for the names of references from their military service to obtain job-related information that would be relevant to an employment decision."

Article from BRB Publications newsletter The Public Record Update©

November 01, 2007

The Use of Military Records for Employment

Posted with permission from ESR Newsletter and Legal Update, a newsletter by Lester S. Rosen Esq. and Employment Screening Resources (ESR), www.esr.com

With the national focus on the military with the events in Iraq and Afghanistan, it is likely that employers will receive applications from those with military experience. Many employers find that applicants with military service provide critical skills and training that are extremely valuable in the workforce.

The standard way to verify military records is to ask an applicant for a copy of his or her DD-214. This is the common term for the document given to all members of the military who are discharged from the U.S. Navy, Army, Air Force, Marine Corp, or Coast Guard. The "DD" stand for Department of Defense. The short name is "discharge papers."

For employers who want more than a cursory confirmation of military service, the story goes much deeper. There are actually a number of different copies of the DD-214 with different pieces of information. A discharged service person receives copy 1, which has the least information. The copy with the codes that gives the nature of the discharge, i.e., General, Honorable, Dishonorable, etc. - and details of service is actually on copy 4. The codes characterize the service record of a veteran. The codes are known as SPD (Separation Program Designator), SPN (Separation Program Number) and RE (Re-Entry) codes. Other issues with access and use of the DD-214 are listed below.

1. For a discharged service person to get copy 4, the person must actually ask for it.

2. If a person did not ask for the copy 4, or wants to hide some embarrassing fact, then the person may only present copy 1 to an employer.

3. If the employer wants copy 4 and the applicant does not have it, then there can be a problem acquiring and understanding the copy. The employer can have the applicant sign a Form 180 and send it to the National Personnel Records Center (NPRC) in St. Louis, Missouri. However, there can be a wait  up to six months. Some records are no longer available due to a very destructive fire at the St. Louis facility in 1973. [footnote: Although the government has reconstructed some of the records by use of other military documents. For details about these military records, see www.archives.gov/research_room/obtain_copies/veterans_service_records.html]

4. A note of caution. Even after getting a copy 4, there is the issue of translating the military codes. There are websites that provide a complete list of the codes and definitions. However, should civilian employers use these codes for hiring decisions, since the codes were meant for internal military use only? The various codes may represent items that have no foundation or were the result of clerical errors, or are simply not related to job performance.

When making hiring decisions, employers should be very careful before attempting to draw conclusions from various codes on the DD-214. Using the codes on the DD-214 to infer conduct in order to make hiring decisions could result in claims of discrimination, or decisions being made based upon irrelevant or unsubstantiated criteria. The situation can be further complicated if the employers insist that an applicant first obtains a complete DD-214 and then rejects the applicant. That record request could potentially be viewed as evidence of discrimination.

An employer should also exercise caution in using a discharge as a basis of an employment decision. There are four common types of military discharges: honorable, general, undesirable, and dishonorable. Of these, only a dishonorable discharge is given as a result of a factual adjudication equivalent to a criminal trial. In order to avoid potential EEOC claims, an employer should treat a dishonorable discharge in the same fashion as a criminal conviction, taking into account the various factors reviewed in Chapter 11. A general discharge or undesirable discharge may or may not have any bearing on employment and generally should not be the basis of an employment decision.

The best advice may be to use the basic DD-214 to confirm a person was in fact in the military, then ask for the names of references from their military service to obtain job-related information that would be relevant to an employment decision.

For more information on effective pre-employment screening refer to The Safe Hiring Manual by Lester S. Rosen, ESQ.

July 13, 2007

Moral Waivers Rising for Military Recruits

According to the US Army Recruiting Command nearly 12% of new recruits entering basic training have been granted military waivers.  Up from almost 8% in 2006 and 6% in 2005.The majority of recruits have not committed a major offense.  Waivers are required if a recruit has committed 4 or more minor offenses, 2 to 4 misdemeanors or one felony.  Convictions such as homicide, drug trafficking and sexual violence are not eligible.

May 24, 2007

Find War Records At Ancestory.com

Ancestory.com has announced their new war record research tool.  The resource has 90 million US records going as far back as 1607 up through 1975.  The new information provides draft registration cards from both World Wars, military yearbooks, POW records from 4 wars, unit rosters of the Marine Corps from 1893 to 1958, Civil War pension records and more.  It also provides the names of 3.5 million soldiers killed including an estimated 2,000 who died in Iraq.

The records, obtained form the National Archives and Records Administration, are admittedly not comprehensive.  Many have been lost through the years and some remain classified.  The resource will be free, but only until June 6th.  Annual subscriptions will run $155.40. Visit Ancestry’s Military Records Center.