Archives released too much of Mikie Sherrill’s military record to her opponent in governor’s race

Washington — A branch of the National Archives released a mostly unredacted version of Democratic Rep. Mikie Sherrill’s military records to Nicholas De Gregorio, an ally of Jack Ciattarelli, her GOP opponent in the New Jersey governor’s race. The disclosure potentially violates the Privacy Act of 1974 and exemptions established under the Freedom of Information Act. 

The documents, which were also obtained by CBS News, appear to show that the National Personnel Records Center, a wing of the National Archives and Records Administration charged with maintaining personnel records for service members and civil servants of the U.S. government, released Sherrill’s full military file — almost completely unredacted. CBS News discovered the egregious blunder while investigating whether Sherrill was involved in the 1994 Naval Academy scandal, in which more than 100 midshipmen were implicated in cheating on an exam. Sherrill was not accused of cheating and said her only involvement was not informing on her fellow classmates. 

The documents included Sherrill’s Social Security number, which appears on almost every page, home addresses for her and her parents, life insurance information, Sherrill’s performance evaluations and the nondisclosure agreement between her and the U.S. government to safeguard classified information. 

The only details redacted in the document are the Social Security numbers of her former superiors. The files appear to be the same ones Sherrill requested in August 2017 from the National Personnel Records Center, or NPRC, according to a signature verification page in the documents. 

Contacted by CBS News, the NPRC told CBS News that a technician did not follow standard operating procedures for releasing records, and should only have released portions eligible under FOIA rules.

“The technician should NOT have released the entire record,” Grace McCaffrey of the National Archives and Records Administration, said in an email to CBS News’ questions. 

McCaffrey said the Archives became aware of the breach on Tuesday and immediately initiated a review of internal controls, including how and why the technician did not follow standard operating procedures. The National Personnel Records Center also alerted the agency’s inspector general to the breach and said it contacted Sherrill’s congressional office to apologize. 

Political campaigns, opposition research firms and news organizations often seek the military records of current or former service members running for elected office for both vetting purposes and to better inform voters. Military veterans and the next of kin of a deceased former member may request the full breadth of their military service records. The full file is only available to the general public 62 years after they finish their military service. When others request those records, only parts of the military file are released, and sections are redacted for privacy or national security reasons. 

During the tightening New Jersey governor’s race — a new poll shows Sherrill and Ciattarelli tied — Republicans allied with Ciattarelli have been examining Sherrill’s military record, looking for information about the Naval Academy cheating scandal, in which over a hundred midshipmen were implicated in cheating on the final electrical engineering exam, a notoriously difficult course required for all third-year students who are not engineering majors. 

Sherrill had an unblemished career in the Navy and as a midshipman received a Navy Achievement Medal in 1991 for saving the life of a fellow classmate. However, she does not appear in a commencement program obtained by CBS News on May 25, 1994, the date of the Naval Academy graduation. The program was confirmed to be authentic by the U.S. Naval Academy. 

Sherrill does appear in the Naval Academy yearbook for 1994. The U.S. Naval Academy and Naval Personnel Command both told CBS News she graduated and was commissioned on May 25, 1994, which aligns with the date she entered active duty, according to her service records. 

When asked by CBS News why her name does not appear in the commencement program, Sherrill said in a statement: “When I was an undergraduate at the Naval Academy[,] I didn’t turn in some of my classmates, so I didn’t walk, but graduated and was commissioned as an officer in the U.S. Navy, serving for nearly ten years with the highest level of distinction and honor.”

She added: “That Jack Ciattarelli and the Trump administration are illegally weaponizing my records for political gain is a violation of anyone who has ever served our country. No veteran’s record is safe.”

Contacted by CBS News, the Ciattarelli campaign did not immediately respond to a request for comment regarding Sherrill’s claim. The White House referred the matter to the National Archives. 

De Gregorio, a Marine veteran who unsuccessfully ran as a Republican for Congress in New Jersey, told CBS News: “Given the charged political environment … Rep. Sherrill will no doubt seek to paint my actions as nefarious and the records as leaked by the Trump Administration to injure her, which as we both know is completely and totally false on both counts.” 

De Gregorio told CBS News that Chris Russell, a Republican consultant in the state, had asked him to see what he could find on Sherrill. 

“He [Russell] asked me if I could help him at all, and my first stop was, let me see what I can find from FOIA, and it was really the first time I’d ever done it,” said De Gregorio. 

In May, De Gregorio, submitted a FOIA request to the NPRC for Sherrill’s records. On June 11, De Gregorio received an email from the NPRC saying they had no records for a veteran named “Sherill.” The Archives had omitted the second “r” from Sherrill’s last name. 

On June 12, De Gregorio told CBS News he called NPRC’s customer service line, which routed him to a “real, helpful person.” CBS News has learned that the technician at NPRC accessed a system to retrieve Sherrill’s Social Security number. And on June 30, her records were transmitted to De Gregorio, who said he gave the file to Ciattarelli’s campaign but was surprised by what he received.

“When I saw [Sherrill’s] Social (Security number), I was shocked,” said De Gregorio. “All of a sudden, the NPRC decides to give it to [me] a random guy. I made no bones like, I wasn’t her, I wasn’t a family member. There was no relationship there. And so I didn’t know what to expect. So, I guess I’m a little shocked and kind of disgusted that the social was there.” 

CBS News reviewed De Gregorio’s request to the Archives and found it properly acknowledged that personal information and medical details would be redacted. The Archives told CBS News, “We do not believe that there was any attempt to deceive NPRC staff in this case.” 

De Gregorio later told CBS News that Ciattarelli’s campaign did not hire or encourage him to access the files. Scott Levins, the NPRC director, on Monday sent a letter to De Gregorio admitting the Archives’ “serious error” and said, “I apologize for our mistake and ask that you please do NOT further disseminate the record that was sent to you in error.” 

Sherrill’s campaign was notified of the breach on Monday. In a letter to the congresswoman, NPRC apologized and said it was coordinating with the Navy, which is the legal custodian of the records. The records center also offered identity protection and free credit monitoring services. 

Two years ago, Republican Reps. Don Bacon of Nebraska and Zach Nunn of Iowa were among 11 individuals whose records had been impacted by an unauthorized release from the Air Force Personnel Center Military Records Branch to a Democratic-aligned group. Politico reported Abraham Payton, of the research firm Due Diligence Group, had requested the records for the stated purpose of “Benefits,” “Employment,” and “Other.” Due Diligence was paid just over $110,000 by the House Democratic campaign, according to the Federal Election Commission records. The Air Force, in notifying Bacon of the breach, said Payton had requested the records “inappropriately,” and a House Judiciary subcommittee launched a probe in March 2023, but it is not clear whether it was completed.

The unauthorized releases outraged Republicans in Congress. House Republicans attempted to stop the Defense Department from releasing summaries of the service records of current or former U.S. military members without the consent of the member, or if deceased, their next of kin, according to NBC News, but did not succeed.

Journalists and veterans who investigate stolen valor claims said at the time the proposed legislation would effectively end independent examinations of individuals exaggerating their service record or violating the Stolen Valor Act of 2013, a federal law that makes it a crime to falsely claim to have received certain military decorations or awards with the intent of gaining a tangible benefit. 

Sherrill’s political foes have also sought information about whether Sherrill had ever exaggerated her rank after leaving the Navy. Congressional records show she was selected for advancement to lieutenant commander in Sept. 2003. Records obtained through a FOIA request by CBS News and inquiries of the U.S. Naval Academy and Naval Personnel Command show Sherrill left the Navy at the rank of lieutenant in December 2003, before she received the promotion. 

CBS News found that in 2020, her campaign sent out political emails that incorrectly used the lieutenant commander rank. Also, former President Joe Biden referred to Sherrill as a “lieutenant commander” in his remarks in Oct. 2021 while touting his Build Back Better and infrastructure deal. 

But CBS News did not find any instances where Sherrill herself misrepresented her military rank. Anthony Anderson, an Army veteran who is one of the country’s most prominent “stolen valor” detectives, told CBS News that the rank issue did not rise to the level of her stealing valor either under the Stolen Valor Act of 2013 or how the term is used within the military community.