Prior Service Military Records
To obtain Wisconsin National Guard records, your request must be processed in accordance with the Freedom of Information Act (5 USC 552) and The Privacy Act (5 USC 552a). Under the Privacy Act, all requests for military/personnel records must be submitted in writing.
A Standard (SF) Form 180 must be completed and signed and dated by the servicemember or next of kin of a deceased servicemember.
Others requesting information from military personnel/health records must have the release authorization in Section III of the SF 180 signed by the member or legal guardian. These forms can be found online at the National Archives & Records Administration site.
Employers and others needing proof of military service are expected to accept the information shown on documents issued by the military service departments at the time a service member is separated.
To request Prior Service Military Records please print and read the Statement Request For Records, print and fill out Standard Form 180 and mail or fax to:
Wisconsin National Guard
ATTN WIAR-G1-RHA
PO Box 8111
Madison WI 53708-8111
Fax Number: (608) 242-3400
Freedom of Information Act – FOIA
YOU HAVE QUESTIONS. WE HAVE ANSWERS.
The Freedom of Information Act (FOIA) is a federal law that gives you the right to access information from the federal government. It is often described as the law that keeps citizens in the know about their government. Federal agencies are required to disclose any information requested under the FOIA unless it falls under one of nine exemptions which protect interests such as personal privacy, national security, and law enforcement.
Department of Defense FOIA Handbook
Types of Records That Can be Requested
- The (a)(2)(A) Records contain final opinions and orders made in the adjudications of cases that may be cited, used, or relied upon as precedents in future adjudications.
- The (a)(2)(B) Records contain statements of policy and interpretations that have been adopted by the agency and are not published in the Federal Registry.
- The (a)(2)(C) Records contain administrative staff manuals and instructions, or portions thereof, that establish DoD policy or interpretation of policy that affect the public.
- The (a)(2)(D) Records contain records released to the public, under the FOIA, that are or will likely become the subject of subsequent requests.
FOIA REQUESTS – FOIA requests may be made during office hours of 7:00 a.m. to 3:00 p.m., Monday through Friday, except for legal holidays. All requests must be in writing: (letter, email/ web form). Requesters must provide full name and the following contact information: telephone number, email address, and mailing address. State willingness to pay applicable fees. Requests must be reasonably specific as to subject matter and time period to permit the conduct of an organized, non-random search.
As soon as practical and without delay, the custodian will either notify you of the availability of the records requested or deny the request in whole or in part because the records do not exist or are not accessible. The time it takes the custodian to respond to the request will depend on factors including the nature and extent of the request and the availability of staff and other resources necessary to process the request. If the custodian denies a written request, the requester has a right to receive the denial in writing. A requestor can obtain the status of their FOIA request by contacting the FOIA manager or through the applicable Requestor Service Center (RSC).
Wisconsin National Guard – Freedom of Information Act Office
P.O. Box 8111
Madison, WI 53708-8111
Comm: (608) 242-3057
Air Force Requestor Service Centers
Army Requestor Service Centers
Department of Defense FOIA Program Public Liaison, Ms. Alecia Bolling, (703) 428-6462
State of Wisconsin Public Records Request
DMA provides essential, effective, and responsive military and emergency management capability for the citizens of our state and nation. DMA includes the Division of Emergency Management (WEM), the Office of Emergency Communications (OEC) and the Wisconsin National Guard. These subunits of DMA work together to plan, prepare for, coordinate and respond effectively when our communities and neighbors need us most. Under section 19.34 of the Wisconsin Statutes, you have a right to inspect and copy most public records, subject to statutory and other exemptions.
Note: If you are seeking your military records or are seeking a servicemember’s military records, you should proceed as instructed under the Prior Service Military Records section above.
Procedure for Making Requests
Under the authority of Chapter 19 of the Wisconsin Statutes, the Adjutant General and, in certain instances, the WEM Administrator and Director of the Office of Emergency Communications, are the legal custodians of the Department of Military Affairs’ (DMA’s) records. Additionally, the Adjutant General and the Deputy Adjutants General hold state public offices.
The most efficient method of submitting a State of Wisconsin Public Records Request is to submit an online request at dma.wi.gov/state-records-request/. Requests may also be made orally or made in writing by means other than the online request form. Written requests other than online requests should be directed to DMA’s General Counsel at the following address:
Department of Military Affairs
Legal Counsel, General Counsel
2400 Wright Street
P.O. Box 8111
Madison, WI 53708-8111
Oral requests may be made by calling 608-242-3074.
Requests may be made at any time but, if the request is to inspect records, any inspection must take place during DMA’s regular office hours of 7:45 a.m. to 4:30 p.m., Monday through Friday, except for legal holidays, at a time and date mutually convenient for DMA personnel and the requestor.
All requests must be reasonably specific regarding the subject matter or time period.
As soon as practicable and without delay, DMA will either notify you that the requested records are available or that the request has been denied in whole or in part because the records do not exist or are not subject to disclosure. The time it takes the custodian to respond to the request, including providing responsive records, depends on factors such as the nature and extent of the request, whether any redactions are required and the availability of staff and other resources necessary to process the request. If the custodian denies a written request, the requester has a right to receive the denial in writing.
Fees
DMA may charge the actual, necessary, and direct cost of reproducing or transcribing a record. When the request calls for a copy of a record and a copy can be made, DMA may charge its standard fee of $.25 for each copy produced. If the cost of locating a record exceeds $50, DMA may charge the requester the actual, necessary and direct location cost. If the records are mailed to the requester, DMA may charge the actual, necessary and direct shipping cost to the requestor. Regardless of who processes the request, fees will be calculated based on the hourly wage of the lowest paid staff member capable of performing the work. The above fees apply except where a different fee is authorized by law. DMA may request prepayment if the total costs are greater than $5. Where fee payment is required, checks should be made payable to the Wisconsin Department of Military Affairs.
More Information About Wisconsin’s Public Records Law
Wisconsin Statute Ch. 19.31-39
WI Department of Justice Compliance Outline
Frequently Asked Questions
What is a “record”?
A record is any material on which written, drawn, printed, spoken, visual or electromagnetic information is recorded or preserved, regardless of physical form or characteristics, which has been created or kept by an authority in connection with the official purpose or function of the agency. A record includes handwritten, typed or printed documents; maps and charts; photographs, films and tape recordings; computer tapes and printouts, CDs and optical discs; and electronic records and communications.
What is not subject to Wisconsin’s Open Records Law?
Numerous federal and state laws and court rulings exempt particular records from disclosure.
Common exemptions include, but are not limited to:
- Records protected by the attorney-client privilege.
- Drafts, notes, preliminary documents and similar materials.
- Published material available for sale or at the library.
- Purely personal property with no relation to the office.
- Material with access limited due to copyright, patent or bequest.
- Trade secrets.
- Social security numbers.
- Plans or specifications for state buildings.
- Information obtained for law enforcement purposes, when required by federal law or regulation as a condition to receipt of state aid.
- Computer programs (but the material input and the material produced as the product of a computer program are subject to the right of inspection and copying).
- Certain employee information.
- Identities of certain applicants for public positions.
- Identities of law enforcement informants.
Who can make an open records request?
Generally, any person may make an open records request, though there are exceptions. For example, Wisconsin statutes limit access when the requestor is incarcerated or mentally committed to records that contain specific references to the requestor or their minor children. See also WI Department of Justice Compliance Outline
Do I have to identify myself when making the request?
No. A requestor generally need not identify themselves, see Wis. Stat. § 19.35(1)(i). However, there are statutes that restrict access to certain records, such as records concerning pupil records and health records, to particular persons.
Am I required to state the reason for my request?
No. A requester is not required to state the purpose of the request.
Can I inspect records?
Yes. Upon request, DMA will make the requested records available to you to inspect.
Can I request copies of records?
Yes. The Department will provide copies of pubic records at the cost of 0.25/page. Where the request involves copying of a large volume of records, you may request copies be made by a bonded copying service in which case, if approved by DMA, the requestor would pay the rate charged by the service.
How long until I receive the requested records?
Records must be provided “as soon as practicable and without delay.” Wis. Stat. §19.35(4)(a). A reasonable time for response to any specific request depends on the nature of the request, the staff and other resources available to the authority to process the request, the need for redactions, if any, the extent of the request, and related considerations. Although the public records law does not require response within any specific time, a response to record requests that do not take a lot of time to locate, review and, if necessary, redact, are generally made within ten working days.
Can I get electronic records?
Electronic records are subject to disclosure under the public records law. Computer programs are not, but records produced through a computer program are subject to inspection and copying. A person cannot require the Department to create a new record by extracting and compiling information from existing records in a new format. When information is stored in a database, a person can “within reasonable limits” request a copy of the relevant date in a database in an appropriate format.
What is the cost of requesting records?
DMA may charge the actual, necessary, and direct cost of reproducing or transcribing a record. When the request calls for a copy of a record and a copy can be made, DMA may charge its standard fee of $.25 for each copy produced. If the cost of locating a record exceeds $50, DMA may charge the requester the actual, necessary and direct location cost. If the records are mailed to the requester, DMA may charge the actual, necessary and direct shipping cost to the requestor. Regardless of who processes the request, fees will be calculated based on the hourly wage of the lowest paid staff member capable of performing the work. The above fees apply except where a different fee is authorized by law. DMA may request prepayment if the total costs are greater than $5. Where fee payment is required, checks should be made payable to the Wisconsin Department of Military Affairs.