                                 CODE OF VIRGINIA

RECORDATION OF EVIDENCE OF DISCHARGE GENERALLY; CONFIDENTIALITY (§ 17.1-265)

A. The clerk of the circuit court of the county or city wherein a person
discharged from the armed forces of the United States resides shall record, upon
presentation, free of charge, the original or a properly authenticated copy of
either the discharge certificate or the report of separation from active duty
(Department of Defense Document DD-214), or both.

B. Notwithstanding the provisions of § 17.1-208, discharge certificates and
reports of separation from active duty recorded pursuant to this section shall
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 subject
   of the record, if deceased, or, in the event no executor or administrator has
   qualified, the next of kin of the deceased subject;

   4. An attorney, attorney-in-fact, or other agent or representative of any of
   the persons described in subdivision 1, 2 or 3, acting pursuant to a written
   power of attorney or other written authorization; or

   5. A duly authorized representative of an agency or instrumentality of
   federal, state, or local government seeking the record in the ordinary course
   of performing its official duties.
   				Under the circumstances in which time is of the essence, including but not
   limited to, requests for copies of records attendant to the making of funeral
   arrangements or arrangements for medical care, the clerk, in ascertaining
   whether a person seeking access to discharge certificates or reports of
   separation 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 the
   clerk or his deputy.

C. Notwithstanding the provisions of subsection B, the clerk may permit access
to discharge certificates or reports of separation from active duty of deceased
persons for bona fide genealogical or other research purposes.

HISTORY: 1934, p. 99, § 17-92; Michie Code 1942, § 5214f; 1980, c. 392; 1998,
c. 872; 2002, c. 299.