Posted on 03/19/2005 5:37:13 PM PST by BulletBobCo
There are many ways that thieves use to steal a person’s identity, but the latest is one you might not expect. Until recently, members who were retiring were told that a good place to store their military discharge form (DD 214) was at a courthouse. However, when this advice was given, identity theft was not the crime of choice. People did not realize or worry that by filing the document with the court, it became a public record, open for scrutiny and inspection by anyone. The personal information on the form such as social security number, name, date of birth, and address, was not protected as part of the public record. Now there are reported cases of identity theft by way of a person’s DD form 214 being requested at a courthouse. These thieves have used the information to apply for lines of credit and have cost military retirees thousands of dollars in damages. If you are a person who is about to retire, store your DD form 214 in a safe deposit box or fireproof container at home. Safeguard the information on the document by placing it behind locked doors that only you and a trusted family member can open.
If you have already stored your DD form 214 at a courthouse, there are two possible ways to protect yourself. The first, which has had mixed success, is to go back to the courthouse and obtain the record yourself to have it deleted from the public records. Every jurisdiction will have its own procedure to accomplish this. To find out the procedures for your jurisdiction, go to the clerk of the court where the document was filed and ask a records custodian for the procedures for expunging a document from the public record. The most common way is to petition the local court where the document was filed. An example of such a petition with instructions is attached at the end of this article. This petition should ask the court to expunge the record or alternatively to remove personal data from the form. In the petition, you should tell the court that your right to privacy and your personal information is greater than the public right to access your information.
The second way to safeguard your information is a law passed by your state legislature protecting the personal data. Several states, including Florida, have taken up the issue in their legislatures. With identity theft being a new and timely issue, it is quite possible that your state legislature may take this issue into consideration and pass a bill protecting your documents. Check with your nearest base legal office to find out the status of any such bills in your state.
There are also some general guidelines you should follow to protect yourself against and catch identity theft early. First, every six months order a copy of your credit report from the three major credit reporting agencies: Experion (888) 397-3742, Equifax (800) 525-6285, and Trans Union (800) 680-7289. Make sure there is nothing on the report that looks suspicious. If there is something unfamiliar, call the credit reporting agencies and report it as a fraud. Then call the company where the line of credit was established using your identity and report it. Second, keep phone numbers for all of your credit cards in a safe place. If you lose your credit cards or find unfamiliar charges on your bills, call the credit card companies immediately to report the problem. Finally, and most importantly, safeguard your personal information. Do not leave credit card receipts where someone can find them. Identity thieves do go through garbage so shred your receipts when you are ready to dispose of them. When at a restaurant, cross out the credit card number on the receipt you leave on the table. Keep credit cards, social security cards, and drivers licenses in a safe place. Do not give out information from these cards over the phone and only make copies of them when absolutely necessary.
Identity thieves have gone to new lows to defraud unsuspecting people, including military retirees. You must be vigilant in protecting your personal information, even when giving it to the courts. Visit your nearest base legal office to find out more information about the status of the law in your state and ways to protect yourself.
Instructions for Petition to Remove DD 214 from Public Record:
Contact the records division of the local clerk of the court where your discharge forms are filed and ask what the procedure is to remove a document from the public record or if there are ways to redact personal information. Also ask about any fees that are required. If you must petition the court, you can use this petition as a guideline to prepare your own.You will need to change the highlighted text to the information it names and to un-highlight those sections. Remember that each local court has its own format and requirements for petitioning the court so ask before submitting anything. This document is only a guide. When you have completed the petition, go to the clerk of the court where your document is kept and file your petition. Be sure to ask when you should hear back from the court. Some courts have “ex-parte” hours where you can get on the judge’s calendar and see him personally. If this is available, take advantage of it.
In the Circuit Court of ____________________ County, ____________ (State)
IN RE: CIVIL DIVISION
________________________ (Petitioner's Name) File Number –
Petitioner: ______________________________/
Petition for Order to Expunge Document from Public Record Verified Statement Petitioner, _______________ (Name), whose address is _____________ __________________________________________________ (Petitioner’s Address), petitions this Court to order petitioner’s military discharge form, Department of Defense Form 214 (DD 214), which is currently held as public record with the clerk of this court, be returned to the possession of the petitioner and expunged from the public record and public records library. In support of said Petition, petitioner states the following:
Petitioner retired from military service on ________ (Date). Petitioner was issued a DD 214 by the Department of Defense of the United States to use as proof of retirement from military service. The DD 214 contains information such as: Social Security Number, address, date of discharge, medals and honors earned, dates of service, and characterization of service discharge. In order to safeguard the DD 214, petitioner filed the form with the clerk of this court on _________ (Date). (PUBLIC RECORD FILE #_____) When Petitioner filed the form with the clerk of this court, he was not aware that the personal information contained on the form, such as Petitioner’s Social Security Number and address, would be made available to the public.
Petitioner’s right to privacy of the information contained in the DD214 outweighs the public right to access to the information. Petitioner has an interest in keeping his DD 214 private to protect the personal information from unlawful use by persons engaged in identity theft. The public has no lawful reasonable interest in the DD 214 or the information contained within.
Petitioner respectfully requests this court to order the petitioner’s DD 214 be expunged from the public record by returning the original and all copies of the document to the possession of the petitioner. In the alternative, petitioner respectfully requests that the court order petitioner’s Social Security Number, address, and service characterization be redacted from any copy of the document made available to any member of the public.
Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true to the best of my knowledge and belief.
_____________________________ (Name) Petitioner (Street Address) (City, State)
Questions about this information? E-mail beninfo@moaa.org
MOAA, 201 N. Washington St., Alexandria, Va. 22314 Phone: (800) 234-6622 (MOAA)
Just Damn!
I see. All this time John Kerry has been concerned with ID theft if he releases his military records.
For about $11.00 a year you can get a safe deposit box.
Marriage certificates
DD214
Automobile titles
Kids Birth certificates
Deeds to property
Papers received upon retirement
they will all fit fine.
I keep all my docs in my gun safe, which is fireproof, probably near burglar proof, lagged to the floor and weighs about 800 lbs.
Really - thats sounds affordable..
They really are quite affordable. The cost varies on the size of the box you want but you cant get much safer than a bank vault and you have the key.
In my county, the DD Form 214 is now kept in an area that can only be accessed by you or someone with a court order, law enforcement, etc. No more public access of the 214's is allowed, I;m sure because of identity theft.
Just don't lose your key. I have a friend that lost his key and it will cost him about $350 to get his opened. A locksmith has to come some distance to open it.
read later
Did you and Pete file your DD214s ping.
They usually give you two, my wife has one and I the other, but yes its expensive to have the box drilled.
Mmm, great minds think alike. :) No, we never filed ours; Guess laziness paid off for us! :'D
BookBump
"... you cant get much safer than a bank vault and you have the key."
WRONG!!!!!!! The IRS can force the bank to open the box for them and then they can seize anything in it. Courts and lawyers can do the same.
Your home safe is the only solution.
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