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Records the government holds

Two different problems wearing one uniform

"Get my file" and "fix my file" are not the same request, and the government processes them on completely different tracks. Knowing which one you actually need — and often, that you need both — is where these matters usually start.

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Getting the file: FOIA and the Privacy Act

A current or former servicemember has a right under both statutes to their own personnel and medical records — FOIA (5 U.S.C. § 552) and, because these are records about them personally, the Privacy Act of 1974 (5 U.S.C. § 552a). The Privacy Act adds something FOIA alone does not: a right to request amendment of an inaccurate record, and a right to an accounting of who the record has been disclosed to. A first-person request should invoke both statutes, not just one.

Who actually holds the record

This is the step people get wrong, and it costs months. Records of currently serving members — personnel actions, medical-readiness entries, Line of Duty documentation, evaluations — sit with the individual's own service department, not the National Archives. The National Personnel Records Center becomes the custodian only after discharge, retirement, or death. Requesting a current member's file from the wrong door is not a faster path; it is a dead end that still costs the clock.

Fixing the file: correction of military records

If the problem is not access but accuracy — a disputed medical-readiness entry, a characterization you believe is wrong, a record that does not reflect what actually happened — that is a different proceeding: a petition to the service's Board for Correction of Military Records under 10 U.S.C. § 1552, filed on DD Form 149. The board can correct "an error or remove an injustice," a standard broader than proving the record is technically false. The filing window is three years from discovering the error, but the board may excuse a late filing "in the interest of justice" — a real and frequently used exception, not a formality to assume away.

When the estimated completion date is absurd

Components sometimes assign a pending request a processing estimate measured in years. That number is an internal queue projection, not a legal extension of the statute. FOIA's determination clock is still 20 business days, 5 U.S.C. § 552(a)(6)(A)(i); once it lapses, constructive exhaustion attaches the same way it would against any other federal component. A multi-year estimate is a fact worth documenting, not a deadline to accept.

Running both tracks together

This page discusses process, not any specific case. Every matter turns on its own facts, its own service branch, and its own set of records — the analysis above is the general framework, not advice for a particular file.

Questions people actually ask

I'm still serving. Can I still get my own records?

Yes — current members have the same statutory access rights as veterans; the difference is which office holds the file, not whether you can request it.

Do I request the records or file the correction petition first?

Usually the records first. A correction board petition supported by the actual documents is a stronger filing than one built from memory of what the record probably says.

The agency gave me a multi-year estimate. Does that mean nothing can be done until then?

No — that estimate is the agency's internal queue projection. The statutory response clock is unaffected by it, and once that clock lapses the request is treated as exhausted regardless of the agency's own timeline.