The bill will allow any individual to restrict public access to the
information they give on the marriage license application at the time of
applying for the license or they may also rescind their restriction
later. The law (if it passes) is effective on 1 Sept. 2003 and is not
retroactive.
The full text can be found at www.capitol.state.tx.us/.
Enter the bill number and click on "text".
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19 February 2003 - Update on pending
legislation in the Texas Legislature regarding the closure of DD214
Military Discharges
(February 7, 2003)
Contact Mic Barnette mic@barnettesbooks.com
PENDING LEGISLATION
There are 8 bills pending in the Texas Legislature regarding DD-214
Military Discharge Records. Six in the House and two in the Senate.
Following are the bill numbers, the name, district and Austin telephone
number of each bill author, plus notes about the bill.
HB 18 Sponsored by Frank Corte District 22 San Antonio 512-463-0646
Note: This is a companion bill to SB 81. Plus Rep. Hupp, sponsor of HB
142 is supporting this bill and backing off her own. Bill sent to
Defense Affairs and State Federal Relations Committee. Only veterans and
veteran's immediate family may inspect or obtain copies of DD214
military discharges.
HB 142 Sponsored by Susanna Gratia Hupp District 54 Lampasas 512-556-
8954. Her bill was to limit access to military discharge records with
county clerks. I have been notified by her office she will not continue
the bill. She will support HB 18.
HB 165 Sponsored by Carlos Uresti District 118 San Antonio
512-463-0714 In Defense Affairs and State Federal Relations Committee
Only veteran and immediate family may inspect military discharges.
HB 198 Sponsored by Leo Berman District 6 Tyler 512-463-0584 In
Defense Affairs and State Federal Relations Committee Allows veteran to
remove from county clerk's possession all copies of a military discharge
the veteran recorded with the county clerk.
HB 199 Sponsored by Leo Berman District 6 Tyler 512-463-0584 In
Defense Affairs and State Federal Relations Committee. Excepting from
public disclosure a military discharge recorded with a county clerk.
HB 545 Sponsored by Arlene Wohlgmuth District 58 Burleson
512-463-0538 This bill was filed 1-24-03 As of 2-7-03 there was no
further action. Make military discharge records confidential for 50
years from date of recording. Also limits use and disclosure of the
record.
SB 81 Sponsored by Judith Zaffirini District 21 Laredo 512-463-0121
This bill is a companion bill to HB 18 In Veterans Affairs and Military
Installations Committee Makes a military discharge record a confidential
record. This bill has been sent to Veterans Affairs and Military
Installations Committee Note: I have been contacted by Beth Bryant of
Sen Zaffirini's office. She will be contacting the person in charge of
this bill in the Senator's office and have them get back with me.
SB 85 Sponsored by Jeff Wentworth District 25 San Antonio
512-463-0125 In Veterans Affairs and Military Installations Committee
Note: This bill referred to Veterans Affairs Military Installations
Committee Excepting military discharge records from required public
disclosure and limits persons to whom information may be disclosed.
BACKGROUND OF BILLS
On February 6, 2003 an Internet search with DD214 Identity theft as
criteria received 744 hits. Many of these hits referenced articles in
veterans newsletters. After reading several hours and due to time
constraints only about the first 25 hits were viewed. Many of the hits
were redundant and contained much the same content. Basically the
articles stemmed from a small core of articles one of which was often
reprinted in various newsletters or quoted by others in other
publications.
With limited research it appears the article that began the hysteria
was an article by Staff Sgt Marcia Triggs of the Army News Service. The
article, DD-214 Scams Target Veterans for Identity Theft by Staff Sgt.
Marcia Triggs of the Army News Service first appeared in the Army News
Service January 22, 2002. The exact articled appeared as the lead
article in the Veterans Benefits News January 24, 2002 Vol XXX No. 10.
The Army News Service, not Sgt Triggs was attributed as the source of
the article. The same article dated Feb 8, 2002 appeared in the
Waterline: News and Information for Naval District Washington Personnel.
Readers might wish to read the article. It begins that there has been
an e-mail circulating whereby a retiree had his identity stolen after
filing separation papers at a county courthouse- according to Transition
Center Officials. The article is located at http://www.dcmilitary.com.navy/seaservices/7_05/national_news/1409-1.html <link
broken wm>
An undated article at http://www.airweaassn.org
in the Air Weather Association newsletter seems to identify this
retiree. It says someone of Muslim-Arabic descent was trying to cash a
$9000 check payable by an American Express card established in the name
of the retiree. The cashier at the bank called the retiree and the guy
with the check was caught. During the investigation that ensued it was
discovered an attorney had a lap top computer with several thousand
military names, social security numbers and other information. The
common link between all these records was they came from DD214's filed
with a county clerk and available through the public court computer
system.
Much of what I read seems to be the same story reported different
ways in different periodicals.
SUPPORTERS OF THE LEGISLATION
VFW-Coalition of Veterans Organizations. I made contact with Glen
Gardner, Adjutant and Quartermaster of the Texas VFW and Chairman of the
Coalition of Veterans Organizations. In his reply to me he stated the
Coalition of Veterans Organizations supports the closing of the military
discharge records. In later correspondence Mr. Gardner said he was not
happy with the wording of the legislation but felt the legislators would
do the right thing.
BACKGROUND OF FILING DD214 OR MILITARY DISCHARGE INFORMATION WITH
COUNTY CLERKS.
When revolutionary soldiers applied for pensions they often did so in
front of a judge, a county clerk or attorney. There were usually various
witnesses who gave affidavits on behalf of the veteran and his service.
Sometimes affidavits are located in court records when the veteran or
one of his witnesses made oaths to service. Under the wording of some of
the pending legislation these records could possibly be closed as
construed as being military discharge records.
It is common to read pension applications of Revolutionary and
veterans of later wars stating they had lost their discharge and were
unable to prove their service. There was a necessity to file discharge
papers in a safe and accessible environment.
While there were no laws to do so, retirees and soldiers returning
from WWI and later wars have been encouraged to file their discharges
with the local county clerk. This practice has been followed until the
problems with identity theft using DD-214s erupted about 2001-2002.
Since 2001-2202 most veterans groups have suggested veterans make
several copies of their DD-214s and place them where they can find them,
but, not in the county clerk's office.
In 1956 a new Department of Defense Form DD-214 replaced the older
Discharge certificate issued by the military. The discharges usually
contain the veteran's name, former address, age and occupation. About
1968 social security numbers began to be placed on DD214 military
discharge records. This is probably about the time military service
numbers were disbanded and replaced by social security numbers. This is
also about the time draft lotteries during the Viet Nam War were begun.
Summarily if this date is correct DD-214s dated prior to 1968 have no
social security information.
Since the heightened concern over identity theft has made a crescendo
the military has stopped using social security numbers on DD214s and
discharge certificates.
LOST AND IRRETRIEVABLE RECORDS
A devastating fire July 12, 1973 at the National Military Personnel
Records Center in Saint Louis destroyed approximately 16-18 Million
official military personnel files. Included in that number were an
estimated 80% loss of Army records dating from November 1, 1912 through
January 1, 1960. In addition 75% of the Air Force personnel records
dating from September 25, 1947 through January 1964 were lost.
The NPRC (MPC) states there was no duplicate copies of the records
mentioned above, nor were any of those records microfilmed. On top of
that there were no indexes to the records created prior to the 1973
fire. The United States, therefore, has no complete record of all the
service men who served this nation from 1912-1964.
ALTERNATIVES AND NEWS FROM COUNTY CLERKS
An interesting article published at http://www.county.org/resources/library/county_mag/county/146/2.html
titled You're Out of the Army Now: Potential Identity Theft Haunting
Veterans and County Clerks by Jennifer Acosta offers some excellent
solutions to the DD214 filings with county clerks.
Under Texas law DD-214s or other papers filed with county clerks may
not be removed nor may they be altered.
Redacting or expunging personal information from DD214's is not
practical due to manpower. Some counties allow the veteran to redact,
(such as delete or mark out the social security number) the records
before filing them. This however has to be done prior, not after, the
filing of the document.
Sealing records by court order is possible but costs money and is
quite time consuming and subject to the whims of the judge.
It has been suggested DD214s be closed for a stipulated period such
as the life of the veteran or like birth and death records for a period
of 50 or 25 years respectfully. This has been implemented in Virginia
according to the article. Personally I feel the 50 years is way too
long.
When a veteran dies the family needs a DD214 to apply for benefits.
If the family applies to the military for a copy they have to prove who
they are and the process may take several months. A DD214 should be
filed somewhere in a veterans home, but locating it in a hurry may be a
problem. This is why DD214's are filed in courthouses. One has only got
to go to the courthouse and get a copy.
An excellent method of watch-guarding DD214's is practiced in some
counties. To view a DD214 which currently is an open record one must
complete a form that asks for the inquirer's name, address, telephone
number, drivers license number and the reason for wishing to view the
records. The inquirer must also show the driver's license or other
picture ID to the a county clerk office staff member.
IN SUMMARY
The primary source of heightened concern regarding the filing of DD-
214s with a county clerk is because the record is an open record and
veterans are afraid someone will obtain their personal information and
commit identity fraud against them.
The heightened alert concerning DD-214s probably stems from an
article published in the Army News Service in January 2002. In that
article the author states an attorney stole information attributed to
DD214s from a court computer system and sold the information. Most all
other published articles concerning someone stealing information from
DD214s comes from this same article or stem from similarly described
incidents.
Social Security numbers have only been listed on DD214 Military
Discharge Records since approximately 1966. Likewise social security
numbers have not been listed on DD214's since approximately the Fall of
2001 or early 2002. Therefore, only DD214's dating between approximately
1966 and 2002 are at risk of being used for identity theft.
RECOMMENDATION
Institute a sign-in policy for anyone using DD-214's.
Have the user present a picture ID for identification, preferably a
valid drivers license.
Have the user complete a form asking for name, address, telephone
number, drivers license number and reason for wishing to use the DD-
214.
Form to be maintained by the county clerk in a reference file.
SECONDARY RECOMMENDATION
If allowing DD-214s remain an open record is not an option:
Write legislation to the effect that only DD-214's with social
security numbers are affected and that they be closed until the death of
the veteran or 25 years of the date of discharge which ever occurs
first.
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On 1 September 2003, Texas increased the number of years birth
records are confidential from 50 to 75 years. In order to obtain a copy
of a birth certificate less than 75 years old, a person must meet the
guidelines for qualified applicant.
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