Any advice as to the best way to obtain military service and VA hospital records? Subpoeana? Court Order? Administrative request? Presumably HIPAA will come into play with respect to the hospital records but other than that, any ideas?

I have requested DD 214 by just sending a letter requesting the military records of the person to National Personnel Records Center, Military Personnel Records, 9700 Page Ave., St. Louis, Missouri, 63132-5100. The form requesting the records is on the DOD website. Or click here. VA hospital records are a whole different ballgame...

Unless you are the service member (or family) or the service member authorizes the release of the DD-214, you (a member of the public) cannot legally obtain a copy of the DD-214 and other records absent some kind of court order or permission from the service member.

The only info that a member of the public (or DA's Office) can get via the SF-180 is very general and incomplete information.

How did you get a DD-214 from NPRC without consent or court order, I am curious?

Here is what the NPRC says about requesting military records:


Under the provisions of the Privacy Act of 1974, we must have the written consent of the individual whose records are involved before considering a request to review a record and/or to furnish information/photocopies from the record. If the individual is a minor dependent of a veteran, the parent or legal guardian must sign the release. If the person is mentally incompetent, the legal guardian must sign the release. (The legal representative or guardian must furnish a copy of the court appointment.)

The Privacy Act of 1974 also provides for the release of information with the written consent (signature) of the individual to whom the records pertain. The Privacy Act does not apply to the records of deceased individuals; however, Department of Defense instructions indicate that in such cases we must have the written consent of the next of kin (NOK). For purpose of release, the next of kin is defined as any of the following: unremarried widow or widower, son, daughter, father, mother, brother or sister.

First question - is the subject of your inquiry still active or has the subject gotten out of the military?

Second question - are you wanting only service records or is there some military criminal records as well?

Third question - is there a potential that the hospital records/VA records contain mental health information? there may be records other than at a hospital.

Most likely you will need a Court Order, unless your subpoenas clearly have a Judge's signature (not just the application for the subpoena). But sometimes it depends on current status, etc.

Email me with some more about what you need and I think I have some answers AND contacts depending on the branch of service, active vs. non-active, etc.

I have used the Standard Form 180 (if you would like a copy, let me know and I will fax it to you). I also attach a letter signed by the prosecutor with the following information:
Defendant's name, dob and SSN;
What he has been charged with;
What we are requesting (all discipline records, DD Form 214, an UNDELETED report of seperation, and all other related military records).

In Section II, #3 of the Form 180, I make note that the person whose records I am requesting has a felony criminal case pending and the records are necessary for prosecution.

I also send a subpoena with the letter and Form 180.

This is all sent to the National Personnel Records Center, Military Personnel Records, 9700 Page Avenue, St. Louis, MO 63132 or by Fax to 314-801-9126, Attn: Caroline Sutton

Hope that helps...