Frank Vera III
George AFB, CA – HTRW
P.O. Box 1313
Jamestown, CA 95327-1313
June 27, 2018
By Email: [email protected]
The Honorable David S. Ferriero
Archivist of the United States
The National Archives and Records Administration (NARA)
8601 Adelphi Road
College Park, MD 20740-6001
Re: President Trump’s promise to honor the contract with our military, veterans, and their families – Veterans military records
Dear Mr. Ferriero:
I am writing to you to request help obtaining a complete copy of my military records and for a clarification of the NARA policy regarding the release of a Veteran’s military records under FOIA/PA.
I, like thousands of other Veterans, have been unable to resolve my Veterans Administration (VA) and Social Security Disability Insurance (SSDI) claims because the Department of Defense (DoD) is preventing the National Personnel Records Center (NPRC) from releasing Veterans’ records, and the NPRC is not complying with FOIA/PA requirements. I have been trying to get a complete copy of my military records for over 44 years.
The problem: The NPRC is the “physical custodian” of a Veteran’s records, and the DOD is the “legal custodian” (owner). Unfortunately, the DoD routinely prohibits the NPRC from releasing our records to the VA, our legal representative (Veterans Service Officer or attorney), or us (the Veteran). AND the NPRC does not notify the VA, our legal representative, or us (the Veteran) that records are being withheld, and does not provide the Veteran with the appeal rights to request the withheld records. I have received several letters over the years stating that all of my records have been released, and yet more of my records were released to my attorney. (Attachment 1) This means that the VA, our legal representative, and the Veteran have no way of knowing if all of the Veteran’s records have been released.
The Consequences: The withholding of these records (crucial evidence) results in the:
- Wrongful denial of the Veterans’ VA and SSDI disability claims for lack of documentation of their SC injuries;
- Denial of the Veterans’ due process right to a fair hearing (Fifth Amendment to the U.S. Constitution);
- Denial of the Veterans’ protected property interest (Veterans’ VA and SSDI disability benefits) under the Fifth Amendment to the U.S. Constitution (CUSHMAN v. SHINSEKI);
- Defrauding of the Veterans and their family members of medical care and compensation (the Veterans’ protected VA and SSDI disability benefits extend to their family members).
Questions: Are Veterans’ military records which are stored at the National Personnel Records Center (NPRC) subject to FOIA/PA?
When a Veteran files a FOIA/PA request with the NPRC for his or her military records, isn’t the NPRC required to release all of the Veteran’s records in the NPRC’s possession to the Veteran or the Veteran’s legal representative?
When the DoD requires the NPRC to withhold/redact records, isn’t the NPRC required to:
- Notify us that records are being withheld, and the number of pages which are withheld;
- Give us copies of any reasonably segregable portion of the record;
- Cite the exemption(s) used to withhold and redact records or information;
- Provide our appellate rights so that we can appeal the decision to withhold and redact our records?
In keeping with President Trump’s promise to honor the contract with our military, and Veterans and their families, please help us by investigating the issue, working with the NPRC to fix this problem, and ordering our records be released. Additionally, if records were improperly withheld, the Veteran is to be notified that his or her records were improperly withheld.
I know that thousands of Veterans and their family members would be grateful to you for addressing this injustice.
Thank you for considering my request,
Frank Vera III
George AFB, CA – Hazardous Toxic & Radioactive Waste (HTRW)
PO Box 1313
Jamestown, CA, 95327-1313
Phone: 209-782-4541
Email: xxx
Website: www.GeorgeAFB.Info
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