Q. I requested Air Force personnel records under FOIA for a living person. A FOIA officer told me that a full SSN was required in order to locate the records because the subject had a common name and the files are indexed by SSN. Does this seem right? Is there a way for me to compel a search for records without providing the SSN?
A. I have encountered this problem every so often when seeking records from the official personnel files of former civilian employees and military service members. In each instance, I had provided the first five digits of the subject’s SSN (which is available though LEXIS/NEXIS), as well as a middle name, date of birth, and approximates dates of service. You can attempt to compel a search by appealing the agency’s determination and, if unsuccessful, filing a lawsuit. The agency would then have the burden of demonstrating that it is unable to retrieve the requested records using reasonable efforts.