Kentucky Statutes 422.090 – Discharge from military or naval service may be recorded — Persons entitled to copies — Copies as evidence — Exemption from public disclosure except by certain persons or on order of court — Request to destroy copies -…
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(1) All discharge papers, including Form DD-214, given, executed or delivered to any person in the military or naval service of the United States, which evidence his discharge from the service of the United States and show the unit or part of the department to which he was attached and from which he was discharged may be recorded in the office of the county clerk of the county in which the person discharged is a resident. Upon the presentation of such discharge papers the county clerk shall record them, without charge therefor, in a suitable book which he shall provide for that purpose.
(2) A certified or attested copy of such recorded discharge is admissible evidence in all proceedings in which such discharge may come in question or in which it might be used as legal evidence of any fact.
(3) It shall be the duty of each county clerk to index alphabetically the name of each person whose discharge papers are recorded as provided in this section and to keep such index as a permanent record in such office. This index shall be a public record which shall be disclosed to any member of the public. The index shall not be bound with the book in which the discharge papers are recorded, but shall be a separate bound index.
(4) Except as provided in subsections (5) and (6) of this section, discharge papers recorded with the county clerk shall not be public records subject to public disclosure.
(5) Upon presentation of proper identification, the following individuals may be provided with a copy, a certified copy, or an attested copy of discharge papers recorded with the county clerk:
(a) The veteran named in the discharge papers;
(b) His or her spouse, widow or widower, child eighteen (18) years of age or older, parent, grandparent, or sibling eighteen (18) years of age or older;
(c) Any person authorized by the veteran;
(d) A guardian, limited guardian, conservator, or limited conservator of a disabled or partially disabled veteran named in the discharge papers;
(e) An individual with power of attorney for the veteran;
(f) A funeral director handling funeral arrangements for the veteran; and
(g) The personal representative of the veteran’s estate.
(6) (a) Discharge papers shall be subject to discovery under the federal and Kentucky rules of criminal and civil procedure.
(b) The county clerk shall comply with any proper court order pertaining to discharge papers.
(7) Upon presentation of proper identification, a veteran may ask the county clerk to destroy that veteran’s discharge papers. Within fifteen (15) days of receiving the
request, the county clerk shall destroy all copies of the discharge papers in whatever form they are being held.
(8) With regard to military discharge papers, including Form DD-214, filed before July
13, 2004, if a county clerk has commingled such discharge papers with documents unrelated to military discharge, that county clerk, in handling such discharge papers, may comply with the provisions in subsections (4), (5), and (6) of this section as well as the provision in subsection (3) of this section that the index shall not be bound with the book in which the discharge papers are recorded but shall be a separate bound index.
(9) The Kentucky Department of Veterans’ Affairs shall send a reminder of the provisions of this section to all Kentucky county clerks in January of each year to ensure the confidentiality of veterans’ discharge papers.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 20, sec. 1, effective July 15, 2010. — Amended
2004 Ky. Acts ch. 52, sec. 1, effective July 13, 2004. — Amended 1978 Ky. Acts ch.
384, sec. 523, effective June 17, 1978. — Amended 1944 Ky. Acts ch. 32, sec. 1. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1637a-1, 1637a-2, 1637a-4.
(2) A certified or attested copy of such recorded discharge is admissible evidence in all proceedings in which such discharge may come in question or in which it might be used as legal evidence of any fact.
Terms Used In Kentucky Statutes 422.090
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Year: means calendar year. See Kentucky Statutes 446.010
(3) It shall be the duty of each county clerk to index alphabetically the name of each person whose discharge papers are recorded as provided in this section and to keep such index as a permanent record in such office. This index shall be a public record which shall be disclosed to any member of the public. The index shall not be bound with the book in which the discharge papers are recorded, but shall be a separate bound index.
(4) Except as provided in subsections (5) and (6) of this section, discharge papers recorded with the county clerk shall not be public records subject to public disclosure.
(5) Upon presentation of proper identification, the following individuals may be provided with a copy, a certified copy, or an attested copy of discharge papers recorded with the county clerk:
(a) The veteran named in the discharge papers;
(b) His or her spouse, widow or widower, child eighteen (18) years of age or older, parent, grandparent, or sibling eighteen (18) years of age or older;
(c) Any person authorized by the veteran;
(d) A guardian, limited guardian, conservator, or limited conservator of a disabled or partially disabled veteran named in the discharge papers;
(e) An individual with power of attorney for the veteran;
(f) A funeral director handling funeral arrangements for the veteran; and
(g) The personal representative of the veteran’s estate.
(6) (a) Discharge papers shall be subject to discovery under the federal and Kentucky rules of criminal and civil procedure.
(b) The county clerk shall comply with any proper court order pertaining to discharge papers.
(7) Upon presentation of proper identification, a veteran may ask the county clerk to destroy that veteran’s discharge papers. Within fifteen (15) days of receiving the
request, the county clerk shall destroy all copies of the discharge papers in whatever form they are being held.
(8) With regard to military discharge papers, including Form DD-214, filed before July
13, 2004, if a county clerk has commingled such discharge papers with documents unrelated to military discharge, that county clerk, in handling such discharge papers, may comply with the provisions in subsections (4), (5), and (6) of this section as well as the provision in subsection (3) of this section that the index shall not be bound with the book in which the discharge papers are recorded but shall be a separate bound index.
(9) The Kentucky Department of Veterans’ Affairs shall send a reminder of the provisions of this section to all Kentucky county clerks in January of each year to ensure the confidentiality of veterans’ discharge papers.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 20, sec. 1, effective July 15, 2010. — Amended
2004 Ky. Acts ch. 52, sec. 1, effective July 13, 2004. — Amended 1978 Ky. Acts ch.
384, sec. 523, effective June 17, 1978. — Amended 1944 Ky. Acts ch. 32, sec. 1. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1637a-1, 1637a-2, 1637a-4.