Yes, the theft of military records is highly illegal and prosecuted under several federal and state statutes. Depending on whether you mean the physical or digital theft of official government property, or the fraudulent “theft” and forgery of records for personal gain, multiple laws apply. [1, 2]
1. Theft of Government Property (18 U.S.C. § 641)
Official military records belong to the United States government. Under 18 U.S.C. § 641, stealing, embezzling, or knowingly converting any government record, voucher, or money is a federal crime. [1, 2, 3, 4, 5]
- If the value of the stolen property exceeds $1,000, it is a felony punishable by up to 10 years in prison.
- If the value is under $1,000, it is a misdemeanor punishable by up to 1 year in prison. [1, 2, 3, 4]
2. Destruction or Alteration of Records (18 U.S.C. § 2071)
It is a federal crime to willfully and unlawfully conceal, remove, mutilate, obliterate, or destroy any record or document filed in any public office of the United States. [1, 2, 3]
- A conviction carries a penalty of up to 3 years in prison.
- Convicted individuals forfeit their federal office and become disqualified from holding any future office under the United States. [1, 2]
3. Forgery and Fraudulent Alteration (18 U.S.C. § 498)
Altering, forging, or counterfeiting military discharge papers (such as a DD Form 214) is strictly prohibited. Using forged documents to secure government employment, financial payouts, or veteran medical benefits constitutes federal fraud. [1, 2]
4. The Stolen Valor Act of 2013
If a person “steals” the identity, records, or achievements of a real service member to lie about earning specific military honors, they can be prosecuted under the Stolen Valor Act of 2013. [1, 2]
- Simply lying or bragging about service is protected as free speech.
- It becomes a federal crime when done with the intent to tangibly benefit (e.g., obtaining money, employment, property, or insurance benefits). [1, 2, 3]
If you suspect military records are being stolen, forged, or misused, you can file an official report directly with the National Archives (NARA) Office of Inspector General. [1]
