COVID-19 Impact on Access to Military Service Records

COVID-19 Impact on Access to Military Service Records

October 20, 2021
COVID-19 Impact on Access to Military Service Records
Servicemembers and other constituents may require access
The concept of “Duty to Assist” can apply to accessing
to military service records for many reasons, including
records from either federal or nonfederal entities. This
providing proof of service to obtain government benefits.
obligation is typically used to assist a veteran filing a claim
During the Coronavirus Disease 2019 (COVID-19)
for disability compensation, disability pension, health care,
pandemic, many federal agencies moved from on-site work
or burial, among other VA benefits. Nonfederal entities can
to remote work status for the safety and health of
include current or former employers and private medical
employees. This shift impacted the workflows of the
care providers. For a veteran’s military personnel records,
Department of Defense (DOD), Department of Veterans
the federal entities most often involved are DOD or NPRC.
Affairs (VA), and the National Archives and Records
Generally, DOD and NPRC will scan the records and send
Administration’s (NARA’s) National Personnel Records
them to VA as they work to adjudicate a veteran’s claim.
Center (NPRC), three agencies involved in processing
veterans benefits claims.
Request Backlog
In a letter dated December 9, 2020, from the Archivist of
VA has continued to process benefits claims, albeit at a
the United States to Congress, NARA states that in a typical
slower pace and with delays. The NPRC reported that its
year the NPRC responds to 1.2 million records requests,
employees were often unable to retrieve materials due to
most of which were completed within 10 days. Prior to the
the vast majority of records being in paper form and
pandemic, NPRC reported that it could respond to about
requiring in-person access. This challenge led to backlogs
6,300 requests from VA per week; during the pandemic,
in processing various VA claims and also led veterans,
NPRC said it responded to an average of 2,500 VA requests
Veterans Service Organizations, and many Members of
per week.
Congress to push for the digitization of military service
records.
Public reference records requests are those received by
NPRC from veterans, servicemembers, and other
This In Focus provides information on the interaction of
constituents, whereas claims-specific records requests are
DOD, VA, and NPRC on records processing; quantifies the
those submitted by VA to NPRC. As of November 30,
records request backlog and the impact of the COVID-19
2020, the Archivist indicated that the backlog totaled
pandemic on request responsiveness; and outlines
381,000 public reference records requests, and in
administrative and legislative efforts to resolve the issue.
September 2020, the backlog of claims-specific records
requests numbered 80,000.
Locating Records at DOD, VA, and
NPRC
As of August 5, 2021, VA noted that the backlog had
DOD, VA, and NPRC may hold relevant records for
increased to roughly 500,000 pending public reference
servicemembers and veterans, and the age of the record
records requests. However, as of the same date, VA’s
determines where the record is stored. The transfer of
collaboration with NPRC (discussed below) had reduced
records between agencies and subsequent storage locations
the claims-specific records request backlog to 8,000.
can have implications for locating materials needed to
process veterans’ benefits.
COVID-19’s Effect on NPRC Staffing and Records
Processing
Generally, records created fewer than 62 years after the
In March 2020, NPRC closed due to COVID-19, keeping
servicemember’s separation from the military are under the
minimal staff on site to complete emergency requests. In
purview of the DOD and sometimes VA. NARA takes
October 2020, staff began to return to in-person work to
custody of, or accessions, servicemember records more than
process more requests, but on November 7, 2020, NPRC
62 years old via the NPRC. The NPRC is the central
again closed due to a spike in COVID cases among staff.
repository for the federal government’s military and civil
Following a gradual restoration of on-site staff, during the
service personnel-related records. The NPRC stores these
spring and summer of 2021, NPRC increased on-site
documents permanently in accordance with the Federal
staffing levels to 45% of its workforce, effective October
Records Act (44 U.S.C. Chapters 21, 29, 31, and 33) and
18, 2021.
holds more than 4 million cubic feet of records, of which
only 10% are digitized.
Complicating the efforts to reduce the backlog of records
requests is that the majority of records requested from
“Duty to Assist” and Accessing Records
NPRC are in paper form. As a result, staff must physically
VA has an obligation to assist veterans in developing their
retrieve materials on-site and may not be able to maintain
claims for benefits through “Duty to Assist” (38 U.S.C.
social distance. Digital service records, approximately 10%
§5103A and 38 C.F.R. §3.159) provisions in federal law.
of NPRC’s records, are limited in scope and are generally
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COVID-19 Impact on Access to Military Service Records
available only for those servicemembers who separated
agreement in August 2019 to digitize the deck logs of U.S.
after 2002.
military vessels that served during the Vietnam War within
the geographic locations specified in law. The project took
Processing Emergency Requests
approximately one year to complete, with the final logs
During the COVID-19 pandemic, NPRC staff are
entered in VA’s specially created ship locator tool in
prioritizing emergency requests. Emergency requests are
September 2020. The project digitized approximately 29
considered to be those involving burial honors for deceased
million images from 1,800 vessels’ deck logs.
veterans, life-threatening medical emergencies, homeless
shelters seeking to gain admittance of a homeless veteran,
Through this effort, many Vietnam-era veterans (and their
and comparable emergencies. NARA notes that emergency
families if the veteran has died) can now resubmit
requests may be submitted via the online eVetRecs portal,
information if their VA benefits were previously denied due
accessible at https://www.archives.gov/veterans/military-
to not having eligible “in country” service. VA claims
service-records.
processors are now able to enter the dates of service and the
ship name into the ship locator tool, and it will determine
Administrative Efforts to Reduce
whether the ship is within the boundaries set forth in P.L.
Backlog
116-23.
On May 10, 2021, NARA sent a letter to the Office of the
Secretary of Defense requesting personnel support on a
Appropriations and Funding
non-reimbursable basis to reduce the backlog of records
Congress appropriated $50 million (to remain available
requests at NPRC that was a result of COVID-19. The
until September 30, 2022) to NARA via the Records Center
request for help included three elements:
Revolving Fund in the 2021 Consolidated Appropriations
Act (P.L. 116-260). The funding is to offset the loss of user
1. “off-site sorting and batching of approximately
fees not collected by the fund as a result of the pandemic.
400,000 Official Military Personnel Folders (OMPF)”
According to a letter to President Biden and the U.S.
to prepare and refile at NPRC;
Archivist, as of April 5, 2021, $15 million of this funding
2. “on-site searching and retrieval of OMPFs to support
has been allocated to NPRC.
eliminating a backlog of 500,000 public reference
requests” from veterans and their survivors for records
In the American Rescue Plan Act of 2021 (P.L. 117-2),
to assist in filing for VA benefit(s); and
Congress appropriated $272 million to VA to mitigate the
3. “on-site digitization or photocopying of DD Forms
impacts of the pandemic on the benefits claims and appeals
214 [servicemember discharge paperwork] from these
backlog. VA stated that it is using $150 million “to expand
records and the dispatch of reproductions.”
the scope of Federal scanning to reduce claims processing
In addition, VA detailed 48 of the agency’s employees to
delays and reduce the current claims backlog by half. In
NPRC specifically to service veterans’ records requests.
addition, VA will provide digital copies of all scanned
With the additional staff, VA and NPRC created a joint
records to NARA to help expedite pending and future
work schedule with staggered employee shifts to allow for a
requests for any Veteran records.”
total of 13 operational hours each day, including weekends.
VA also entered into an inter-agency agreement with NPRC
Additionally, on July 26, 2021, a group of Representatives
to use VA’s enterprise-wide mail system. NPRC is sending
wrote the Archivist encouraging NARA to apply for
all “raw mail to a VA scanning vendor” that digitizes the
funding through the Technology Modernization Fund to
documents and inputs them into a system that presents the
assist with clearing the records request backlog. For more
documents to the correct VA office.
information on this fund, see CRS Report R46877, Federal
Information Technology (IT) Budgeting Process in the
Due to these adjustments and support from VA, NPRC has
Executive Branch: An Overview, by Dominick A.
significantly increased its number of weekly processing
Fiorentino.
claims. According to NPRC Director Scott Levins, at the
Issues for Congress
height of the pandemic, staff were able to process 2,500
requests per week, a significant decrease from the 6,300
In light of these administrative and legislative efforts to
requests per week prior to the pandemic. With the
resolve accessibility and timeliness concerns surrounding
additional VA staff and longer work periods per day, NPRC
military records requests, Congress may consider the
has increased the number of processed requests to about
following additional questions:
10,000 per week.
 Is communication among DOD, VA, and NPRC
Legislative Efforts to Reduce Backlog
sufficient? How can it be improved?
 Are staffing, technology, and funding levels aligned
Many efforts by stakeholders and Members of Congress to
with the scope of the records management problem?
streamline the processing of records requests, exacerbated
How can monetary and professional resources be
by the COVID-19 pandemic and limitations on physical
leveraged?
retrieval of materials, have focused on the digitization of

records.
How could Congress oversee DOD, VA, and NPRC
records management processes?
A recent digitization effort undertaken by VA and NARA
Heather M. Salazar, Analyst in Veterans Policy
was in response to the Blue Water Navy Vietnam Veteran
Act of 2019 (P.L. 116-23). VA and NARA entered into an
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COVID-19 Impact on Access to Military Service Records

IF11950
Meghan M. Stuessy, Analyst in Government Organization
and Management

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