Yes, it is highly illegal to steal military records. [1, 2]
Because military records are official federal documents, stealing them constitutes a direct violation of United States federal law, or the Uniform Code of Military Justice (UCMJ) if committed by active service members.[1, 2, 3]
The specific legal consequences and charges depend entirely on how the records are taken, what is done with them, and who commits the crime.
Federal Criminal Charges (For Civilians and Veterans)
If a civilian or veteran steals physical or digital records from a government facility—such as the National Archives and Records Administration (NARA)—they face severe federal prosecution: [1]
- Theft of Government Property (18 U.S. Code § 641): It is a federal crime to steal, embezzle, or knowingly convert any government record or “thing of value.” If the value of the records or damage exceeds $1,000, it is a felony carrying up to 10 years in prison and substantial fines. [1, 2]
- Concealment, Removal, or Mutilation (18 U.S. Code § 2071): Willfully stealing, hiding, or destroying public records carries a penalty of up to three years in prison. If a government official commits this act, they forfeit their office and are barred from ever holding federal office again. [1, 2, 3, 4, 5]
- The Privacy Act of 1974 Violations: Military records contain highly sensitive personal information(social security numbers, medical histories, discharge details). Stealing or unauthorized sharing of these records triggers severe privacy violations. [1, 2]
Military Punishment (For Active Service Members)
Active-duty personnel who steal or inappropriately access military records are prosecuted under military law:[1, 2]
- UCMJ Article 121 (Larceny): Wrongful withholding or taking of military property with the intent to permanently deprive the government of it. Felonious military larceny carries up to 10 years of confinement and a dishonorable discharge.
- UCMJ Article 108 (Military Property Offenses): Selling, losing, or damaging military property without proper authorization. [1, 2, 3, 4]
Stolen Valor and Forgery
If the purpose of stealing or faking military records is to impersonate a decorated service member, additional laws apply: [1, 2]
If you are looking into this because you suspect someone has falsified or illegally obtained files, you can report it to the VA Office of Inspector General. If you need to access a veteran’s records legally, requests should be made directly through the official National Personnel Records Center (NPRC). [1]