The agency is permitted to send you a letter or postcard saying it needs more time to comply, and that’s what it usually does. If you still haven’t heard anything a month after you submit your request, you’ll need to contact the agency again.
If you were court-martialed, the proceedings were recorded word-for-word. Although you may believe that you can recall every detail of the trial, memories tend to fade and blur over time. A copy of the court-martial transcript is essential if you’re attempting to upgrade your military discharge.
You can use the format of the sample letter below to request a copy of a court-martial transcript. The mailing addresses and other contact information you’ll need are also listed below. If you don’t have all the identifying information shown in the sample letter, provide as much as you can.
We recommend using Certified Mail, Return Receipt Requested. Show the Certified Mail Item Number at the top of the letter, and make a copy of the letter for yourself. Attach a copy of your DD-214 discharge certificate.
JOHN ROBERT SMITH
1000 Jones St., Apartment 1
San Francisco, CA 94109
Telephone: (415) 555-5555
E-mail: johnrsmith94109@yahoo.com
August 1, 2012
By USPS Certified Mail
Return Receipt Requested
Item No. 7009 2250 0004 3885 1875
Office of the Clerk of Court
U.S. Army Court of Criminal Appeals
ATTN: JALS-CCZ
9275 Gunston Road
Fort Belvoir, VA 22060
(703) 806-0124 (FAX)
Dear Sir or Madam:
I request a copy of my court-martial transcript under the provisions of the Freedom of Information Act, 5 U.S.C. §552, and the Privacy Act, 5 U.S.C. §552a. Because my funds are limited, I ask you to waive any reproduction and mailing fees. If that isn’t possible, please let me know the fees before you prepare the copy.
My Full Name: John Robert Smith
SSN: 123-45-6789
Type of Court-Martial: Special
Place of Court-Martial: Fort Benning, Georgia
Date of Court-Martial: June 1, 2006
Type of Discharge: Bad Conduct
Additional Information: N/A
The Freedom of Information Act mandates interim or final compliance with this request within 20 working days after you receive it.
I have attached a copy of my DD-214. If you need any additional information to process this request, please let me know as soon as possible.
Very truly yours,
[Signature]
JOHN ROBERT SMITH
Enclosure: DD-214
AIR FORCE:
AFLOA/JAJM
1500 West Perimeter Rd., Suite 1130
Joint Base Andrews, MD 20762
Telephone: (240) 612-4834
ARMY:
Office of the Clerk of Court
U.S. Army Court of Criminal Appeals
ATTN: JALS-CCZ
9275 Gunston Road
Fort Belvoir, VA 22060
(703) 806-0124 (FAX)
NAVY/MARINES:
Office of the Judge Advocate General
Criminal Law Division (Code 20)
Office of the Judge Advocate General
1254 Charles Morris Street SE, Suite B-01
Washington Navy Yard, DC 20374-5124
E-mail: FOIAMILJUS@navy.mil
COAST GUARD:
CGHQ
Attn: CG-0946
2100 Second St., SW
Washington, DC 20593
Telephone: (202) 372-3726
Were you the subject of a military investigation? Were you the victim of a crime while you were in the military? Were you involved in a military investigation in some other way? If so, you may already have copies of some of the investigative reports. It’s still wise to request complete copies of all investigative records. The one record you don’t have could be the one that’s crucial to your case. And if you suspect the military investigated you but aren’t certain, you’ll need to find out.
You can use the format of the sample letter below to request the records. Send the original to the investigative service of your military branch, with a copy to the Defense Security Service. The addresses and other contact information you’ll need are listed at the end of this section. Be sure to keep a copy of the letter for yourself.
We recommend using Certified Mail, Return Receipt Requested. Show the Certified Mail Item Number at the top of the letter, and make a copy of the letter for yourself. Attach a copy of your DD-214 discharge certificate.
Identify the investigation or suspected investigation as completely as you can: Why were you being investigated? What unit were you attached to? Where? When? What was your command at the time? The more information you can give, the better.
JOHN WILLIAM JONES
1000 Smith St., Apartment 1
San Francisco, CA 94109
Telephone: (415) 555-5554
E-mail: johnwjones94109@yahoo.com
August 1, 2012
By USPS Certified Mail
Return Receipt Requested
Item No. 7009 2250 0004 3885 0908
HQ AFOSI/XILI
Attn: FOIA Section
27130 Telegraph Rd.
Quantico, VA 22134
E-mail: afosi_hq_foia_request@ogn.af.mil
FAX: (301) 870-1116
Dear Sir or Madam:
Under the provisions of the Freedom of Information Act, 5 U.S.C. §552, and the Privacy Act, 5 U.S.C. §552a, I request complete, non-redacted copies of all investigative records, reports, summaries, and other documents held by your agency that are identifiable by my name and that relate in any way to the following matter, or to any other matter:
I believe I was investigated by the Air Force Office of Special Investigations for suspected use of LSD while I was stationed at Lackland AFB, Texas, in 1979. I was attached to the 59th Medical Wing at Wilford Hall Medical Center.
If your files indicate that records identifiable by my name are held by any other agency or facility, please provide complete contact information for that agency or facility, including: full name, mailing address, telephone number, fax number, and email address.
The Freedom of Information Act mandates interim or final compliance with this request within 20 working days after you receive it.
I have attached a copy of my DD-214. If you need any additional information in order to process the request, please let me know immediately. My address and telephone number are given above.
Very truly yours,
[Signature]
JOHN ROBERT SMITH
Enclosure: DD-214
cc: Defense Security Service
DEFENSE SECURITY SERVICE:
Defense Security Service (DSS)
Office of FOIA and Privacy
27130 Telegraph Rd.
Quantico, VA 22134
Telephone: (571) 305-6740
AIR FORCE:
HQ AFOSI/XILI
Attn: FOIA Section
27130 Telegraph Rd.
Quantico, VA 22134
E-mail: afosi_hq_foia_request@ogn.af.mil
FAX: (301) 870-1116
ARMY:
U.S. Army Crime Records Center
ATTN: CICR-FP
Russell Knox Building
27130 Telegraph Road
Quantico, VA 22134-2253
Telephone: (855)-306-0003
Fax: 571-305-4151
Email: usarmy.usacidc-foia@mail.mil
NAVY/MARINE CORPS:
Naval Criminal Investigative Service
Attn: Code OOLJF
27130 Telegraph Road
Quantico, VA 22134-2253
NOTE: For more information, go to www.ncis.navy.mil, click on “Contact Us,” and then click on “Privacy Act Requests.”
COAST GUARD:
Commandant CG-611
Attn: FOIA Officer
US Coast Guard Stop 7710
2703 Martin Luther King Jr Ave SE
Washington, DC 20593-7710
Telephone: (202) 372-2702
NOTE: FOIA requests via electronic mail should be directed to the Headquarters FOIA Coordinator at EFOIA@uscg.mil.
Coast Guard may require a notarized request. Call the number above for additional information.
Disclaimer
This memorandum provides general information only. It does not constitute legal advice, nor does it substitute for the advice of an expert representative or attorney who knows the particulars of your case. Any use you make of the information in this memorandum is at your own risk. We have made every effort to provide reliable, up-to-date information, but we do not guarantee its accuracy. The information in this memorandum is current as of December 2012.
© Copyright Swords to Plowshares 2016. These materials are the property of Swords to Plowshares and are made available at no charge. For parties interested in using or distributing these materials, please note that no alterations are permitted and proper attribution must be given to Swords to Plowshares.