Soldiers Facing Adverse Actions Can Use FOIA to Request Federal Records

By Sean Quick, Fort Bliss Legal Assistance Office 

Getting information from a federal agency can be a frustrating task. This is especially true for Army personnel who may be stuck in what seems like an indefinite adverse action, with no information on what is going on or why they are in trouble. When no answers are given by superiors, it may be time to turn to the Freedom of Information Act.

The FOIA was enacted in 1966 with the goal of providing transparency to federal agency actions. The FOIA states that any person has the right to request access to U.S. government agency records and those federal agencies are required to disclose records upon receiving a written request for them. A FOIA request is enforceable in court, but requests can only be made to federal government agencies. FOIA requests to state government agencies, private businesses, or individuals will be ignored.

The FOIA right to request access to federal agency records is not limitless. There are nine exemptions for records that cannot be requested, although only four should be applicable to soldiers looking to request records about themselves. These four are classified documents, privileged interagency letters, law enforcement investigatory records, and certain financial institution records. Generally, a soldier may or may not be able to request the exact details of what is being done day-to-day during an investigation but can almost always request records on why they are being investigated and at what point the process is currently at (i.e., the status of the investigation).

Requesting records under the FOIA is relatively simple. There is no set form that needs to be filled out and requests are submitted in writing either electronically or by regular mail to the relevant government agency. For Army personnel, requests will likely be made to the Department of the Army. The official FOIA website for the DA is: FOIA.gov - Freedom of Information Act: Department of the Army. Fees for records or information may be applied but should never be charged in advance. Fee waivers may be provided when disclosure of the requested information is in the public interest and provides needed clarity to government operations. Fee waivers are usually not given to individuals who are seeking records about themselves.

Soldiers who start a request will be given a postcard with a case number and a point of contact who can be reached for questions. The processing time for FOIA requests can vary greatly. In 2023, the DA’s request response time was between 5 to 61 working days, depending on the complexity of the request. When a request is finished processing, if no records are involved, a response will be sent via email to the requester. If records must be sent, they will be physically mailed.

FOIA requests are also governed by Army regulation. Army personnel and DoD civilians must prepare requests at their own expense, on their own time, and may not use Government equipment, supplies, or postage to prepare the requests. Requesters are responsible for identifying the record they are requesting and providing a description of the record that is sufficiently detailed to allow the government to locate it with a reasonable effort. It is not necessary for soldiers or DA Civilian employees to go through the chain of command to request information, but it is recommended they seek guidance from their command if they have FOIA questions. Soldiers undergoing court martial or facing adverse administration actions may receive documents that have been redacted, especially when the information is not relevant to the requester.

The FOIA is an excellent resource for any Army personnel who are feeling lost and kept in the dark when they have adverse actions taken against them. DoD and Army personnel have the right to request records and federal government agencies must supply those records. While there are some limitations with the right to request, a soldier seeking answers will likely be rewarded valuable information with a little time and patience.

To speak to an attorney on this subject, or any other topic, please schedule an appointment with the Fort Bliss Legal Assistance Office. Appointments may be made via email at usarmy.bliss.hqda-otjag.mesg.bliss-legal-assistance-office@army.mil, or via phone at (915) 568-7141 during business hours.