We need copies of a defendant's medical records from when he was active in the military. How do we go about obtaining those? Will Standard Form 180 work, or do you have to have a court order?
Mrs. Reed (Bexar County) has a way to get records from Walter-Reed (i.e. military hospital). We have copied this and, while it may not fit your situation, if you email me I will send you our example.
Timing is Everything
The March-April 2014 issue of the Texas Prosecutor will have an article on that very question! But it's still in the editing/printing stage right now. Email Sarah Wolf in our office and she might be able to provide you with an advanced copy.
Seems to me that you'll need to submit an SF180 and attach a court order or a subpoena signed
by a judge.
From the national archives standard response for requests that lack court orders (attached):
"Access to specific military or civilian personnel and/or medical records on file at the National Personnel Records Center, St. Louis, Missouri or Valmeyer, Illinois, may be gained pursuant "to the order of a court of competent jurisdiction." Valid court orders should be addressed to this Center [National Personnel Records Center]. Subpoenas qualify as orders of a
court of competent jurisdiction only if they have been signed by a judge. To be valid, court orders must also be signed by a judge. Authority for these requirements is 5 U.S.C. 552a(b)(11), as interpreted by Doe vs. DiGenova, 779 F. 2d 74 (D.C. Cir. 1985), and Stiles vs. Atlanta Gas and Light Company, 453 F. Supp. 798 (N.D. Ga. 1978).
|Powered by Social Strata|
© TDCAA, 2001. All Rights Reserved.