Why will the Air Force not release the Medical Records of my son?

Diane Junk — Sat, 17 Oct 2020 15:12:21 -0400

As his mother, I am the eldest next of kin. He was active-duty and 37 years of age when he died. He was not married and had no issue. It has been 10 months. I have requested his Medical Records 5 times with all supporting documentation. Minot AFB has not released his records to the Records Processing Center in San Antonio, TX. They would not return calls and emails from San Antonio. They claimed they never received them. Then, I was required to submit a POA. Even I know a POA ends when the subject dies. Since I questioned the legality of that request, next they wanted proof that I was his legal representative. So I faxed them a copy of his only Last Will and Testament which was legally drawn up by the Military. That wasn't good enough either. They wanted a Probate Judge's signature verification.

The only legal requirement to obtain his records is by a next of kin is to prove that I am his mother. Period. What is Minot AFB hiding? I have filed a complaint with the AF Inspector General. If I get nowhere with that, what other options do I have to force them to comply with the law?

Response by SFC Private RallyPoint Member made Oct 17 at 2020 3:24 PM

SFC Private RallyPoint Member — Sat, 17 Oct 2020 15:24:22 -0400

The legal requirement to obtain his service records is that you're his next of kin. Medical records are covered under very strict HIPAA laws. I don't know of any time a person can request another's persons medical records without a signed release. Maybe MAJ Byron Oyler can give a little more guidance on that

Response by SGT Javier Silva made Oct 17 at 2020 3:51 PM

SGT Javier Silva — Sat, 17 Oct 2020 15:51:08 -0400

I hate to say this but you may need a lawyer to help. The other avenue of approach is to contact your US Senator and/or Representative.

Response by MSgt Hamish Barrett made Oct 17 at 2020 8:09 PM

MSgt Hamish Barrett — Sat, 17 Oct 2020 20:09:07 -0400

I really hate to say this but, your senator is your best bet. No one in the services or federal agencies want their attention. There will also be a deadline for when the Air Force must respond.

Response by MSG Gary Eckert made Oct 18 at 2020 8:01 AM

MSG Gary Eckert — Sun, 18 Oct 2020 08:01:05 -0400

I think your response to LTC McKay is the key to your issue. The reason they can’t use the will as verification is he named his sister on the DD Form 93. Since the 93 conflicts with the will, a probate court has to resolve the conflict before they can release the information to you, especially if the will predates the DD Form 93. Hence, the requirement for the probate judge’s order.

Response by Lt Col Jim Coe made Oct 18 at 2020 2:35 PM

Lt Col Jim Coe — Sun, 18 Oct 2020 14:35:13 -0400

You could write your Congress person and Senators. Usually by email. Do it soon because it’s an election year and they’ll be more likely to pay attention.

Response by SSgt Christophe Murphy made Oct 18 at 2020 4:22 PM

SSgt Christophe Murphy — Sun, 18 Oct 2020 16:22:37 -0400

Ma’am,

As others have stated, there may be an explanation. The will conflicts with the military documentation that identifies next of Kin. This would explain why the Base admin is asking for a judges ruling.

Considering that you are accusing wrong doing on part of the base I would recommend getting a lawyer, get the documentation listed below by others to verify who the AF sees as the latest NOK and potentially consider getting your local elected officials involved. I wish you luck