KRS § 422.090 — KY Code / Title XXXVIII / Chapter 422 / Section 422.090
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 -- Reminder to ensure confidentiality
Status: in_force

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 --

Reminder to ensure confidentiality.

(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.