§ 17.1-265. Recordation of evidence of discharge generally; confidentiality.
A. The clerk of the circuit court of the county or city wherein a persondischarged from the armed forces of the United States resides shall record,upon presentation, free of charge, the original or a properly authenticatedcopy of either the discharge certificate or the report of separation fromactive duty (Department of Defense Document DD-214), or both.
B. Notwithstanding the provisions of § 17.1-208, discharge certificates andreports of separation from active duty recorded pursuant to this sectionshall be open for inspection and copying only by the following:
1. The subject of the record;
2. The duly qualified conservator or guardian of the subject of the record;
3. The duly qualified executor or administrator of the estate of the subjectof the record, if deceased, or, in the event no executor or administrator hasqualified, the next of kin of the deceased subject;
4. An attorney, attorney-in-fact, or other agent or representative of any ofthe persons described in subdivision 1, 2 or 3, acting pursuant to a writtenpower of attorney or other written authorization; or
5. A duly authorized representative of an agency or instrumentality offederal, state, or local government seeking the record in the ordinary courseof performing its official duties.
Under the circumstances in which time is of the essence, including but notlimited to, requests for copies of records attendant to the making of funeralarrangements or arrangements for medical care, the clerk, in ascertainingwhether a person seeking access to discharge certificates or reports ofseparation from active duty is qualified to do so pursuant to this section,may rely upon the sworn statement of the requestor made in person before theclerk or his deputy.
C. Notwithstanding the provisions of subsection B, the clerk may permitaccess to discharge certificates or reports of separation from active duty ofdeceased persons for bona fide genealogical or other research purposes.
(1934, p. 99, § 17-92; Michie Code 1942, § 5214f; 1980, c. 392; 1998, c. 872;2002, c. 299.)
§ 17.1-265. Recordation of evidence of discharge generally; confidentiality.
A. The clerk of the circuit court of the county or city wherein a persondischarged from the armed forces of the United States resides shall record,upon presentation, free of charge, the original or a properly authenticatedcopy of either the discharge certificate or the report of separation fromactive duty (Department of Defense Document DD-214), or both.
B. Notwithstanding the provisions of § 17.1-208, discharge certificates andreports of separation from active duty recorded pursuant to this sectionshall be open for inspection and copying only by the following:
1. The subject of the record;
2. The duly qualified conservator or guardian of the subject of the record;
3. The duly qualified executor or administrator of the estate of the subjectof the record, if deceased, or, in the event no executor or administrator hasqualified, the next of kin of the deceased subject;
4. An attorney, attorney-in-fact, or other agent or representative of any ofthe persons described in subdivision 1, 2 or 3, acting pursuant to a writtenpower of attorney or other written authorization; or
5. A duly authorized representative of an agency or instrumentality offederal, state, or local government seeking the record in the ordinary courseof performing its official duties.
Under the circumstances in which time is of the essence, including but notlimited to, requests for copies of records attendant to the making of funeralarrangements or arrangements for medical care, the clerk, in ascertainingwhether a person seeking access to discharge certificates or reports ofseparation from active duty is qualified to do so pursuant to this section,may rely upon the sworn statement of the requestor made in person before theclerk or his deputy.
C. Notwithstanding the provisions of subsection B, the clerk may permitaccess to discharge certificates or reports of separation from active duty ofdeceased persons for bona fide genealogical or other research purposes.
(1934, p. 99, § 17-92; Michie Code 1942, § 5214f; 1980, c. 392; 1998, c. 872;2002, c. 299.)
§ 17.1-265. Recordation of evidence of discharge generally; confidentiality.
A. The clerk of the circuit court of the county or city wherein a persondischarged from the armed forces of the United States resides shall record,upon presentation, free of charge, the original or a properly authenticatedcopy of either the discharge certificate or the report of separation fromactive duty (Department of Defense Document DD-214), or both.
B. Notwithstanding the provisions of § 17.1-208, discharge certificates andreports of separation from active duty recorded pursuant to this sectionshall be open for inspection and copying only by the following:
1. The subject of the record;
2. The duly qualified conservator or guardian of the subject of the record;
3. The duly qualified executor or administrator of the estate of the subjectof the record, if deceased, or, in the event no executor or administrator hasqualified, the next of kin of the deceased subject;
4. An attorney, attorney-in-fact, or other agent or representative of any ofthe persons described in subdivision 1, 2 or 3, acting pursuant to a writtenpower of attorney or other written authorization; or
5. A duly authorized representative of an agency or instrumentality offederal, state, or local government seeking the record in the ordinary courseof performing its official duties.
Under the circumstances in which time is of the essence, including but notlimited to, requests for copies of records attendant to the making of funeralarrangements or arrangements for medical care, the clerk, in ascertainingwhether a person seeking access to discharge certificates or reports ofseparation from active duty is qualified to do so pursuant to this section,may rely upon the sworn statement of the requestor made in person before theclerk or his deputy.
C. Notwithstanding the provisions of subsection B, the clerk may permitaccess to discharge certificates or reports of separation from active duty ofdeceased persons for bona fide genealogical or other research purposes.
(1934, p. 99, § 17-92; Michie Code 1942, § 5214f; 1980, c. 392; 1998, c. 872;2002, c. 299.)
