Can an Employer View Your Military Records?
As a veteran transitioning back into the civilian workforce, it’s natural to wonder about the confidentiality of your military records. Are they protected by law? Can an employer access them? In this article, we’ll dive into the answers to these questions and provide you with a comprehensive understanding of how your military records are protected.
Are Military Records Confidential?
YES, military records are considered confidential and are protected by law. The Veterans’ Code and the Privacy Act ensure that your military records are only accessible to authorized individuals and entities.
What are Military Records?
Military records include information such as:
• Service records
• Medical records
• Pay records
• Disciplinary records
• Promotion records
• Awards and decorations
These records are typically stored with the National Archives and Records Administration (NARA) and are only accessible to authorized personnel.
Can an Employer View Your Military Records?
Generally, NO, an employer cannot view your military records without your consent. The Veterans’ Code and the Privacy Act prohibit the release of military records without your explicit consent.
However, there are some EXCEPTIONS where an employer may be able to access your military records:
• Background Check: An employer may be able to access your military records as part of a background check, but this is only possible if the employer is authorized to conduct a Department of Defense (DoD)-sanctioned background check. The employer must obtain your written consent and provide a valid reason for the check.
• Veterans’ Preference: If an employer is a federal contractor or a company that is required to hire veterans, they may need to access your military records to verify your veteran status. This is done under the Veterans’ Preference Act.
• Federal Laws and Regulations: Some federal laws and regulations, such as the Americans with Disabilities Act (ADA), require employers to accommodate veterans with disabilities. In these cases, employers may need to access your military records to determine if you have a disability that requires accommodation.
Table: Exceptions Where an Employer May Access Your Military Records
| Exception | Authority | Purpose |
|---|---|---|
| Background Check | Department of Defense (DoD) | Verify identity and conduct employment screening |
| Veterans’ Preference | Veterans’ Preference Act | Verify veteran status for hiring purposes |
| Federal Laws and Regulations | Federal laws and regulations (e.g. ADA) | Determine if veteran has a disability requiring accommodation |
How Can You Protect Your Military Records?
To protect your military records, you can:
• Keep Your Records Safe: Keep your military records in a secure location, such as a safe or a secure online storage facility.
• Limit Access: Limit access to your records to only those individuals who need to access them.
• Monitor Your Records: Regularly monitor your records to ensure they are accurate and up-to-date.
• Be Cautious with Private Information: Be cautious with private information, such as your social security number and date of birth, and only provide it to authorized individuals or entities.
Conclusion
In conclusion, military records are confidential and protected by law. Employers cannot generally access your military records without your consent, but there are exceptions where they may be able to access them. As a veteran, it’s essential to understand your rights and protections regarding your military records and take steps to protect them. By knowing what to expect and how to protect your records, you can ensure your transition back into the civilian workforce is smooth and successful.
