GAO Finds Military Records Released Improperly, Processed with Delays

The Government Accountability Office released a report finding that the Department of Defense improperly released service member records and caused processing delays. The agency conducted a covert test of 26 records requests from DOD. Of the 18 processed requests, one was improperly released and did not redact personally identifiable information. The agency said this was among the findings from its review of DOD policies and procedures for releasing service member personnel and health records.

Military services reported 49 breaches during fiscal years 2021 through 2025. FOIA requires agencies to respond to requests within 20 business days, and Privacy Act requests are generally processed within 20 business days. According to military service officials, staffing limitations across the military services contribute to challenges with the proper and timely processing of records requests.

The agency cited the Navy as an example. During the time of the review, the Navy had one employee processing FOIA requests. Officials stated this contributed to an increased average processing time from 1.6 to 55.5 days.

The Defense Health Agency relies on a complex record processing system to access service member health records. DHA officials stated that system issues and complex workflows challenged request processing. Multiple officials stated that the redaction process can be the most cumbersome part of fulfilling requests, particularly if the record is large or contains scanned documents. The agency reported that DOD has not assessed the current framework and systems for processing health records requests to identify opportunities to streamline them.

The GAO reviewed relevant laws and DOD policies and processes governing the release of service member records. The agency also reviewed data on records requests and breaches, interviewed relevant officials, visited all four military services personnel centers and selected military medical treatment facilities, and conducted the covert test of internal controls. The review was conducted for House Report 118-125, accompanying a bill for the National Defense Authorization Act for Fiscal Year 2024.