Section 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.Effective:7/15/2010
Amended 2010, Ky. Acts ch. 20, sec. 1, effective7/15/2010. -- Amended 2004, Ky. Acts ch. 52, sec. 1, effective 7/13/2004. -- Amended 1978 Ky. Acts ch. 384, sec. 523, effective 6/17/1978. -- Amended 1944 Ky. Acts ch. 32, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective 10/1/1942, from Ky. Stat. secs. 1637a-1, 1637a-2, 1637a-4.