Inspection of discharge papers.

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(a) The request for inspection is made in writing;

(b) The request sets forth the name, address and telephone number of the requester;

(c) The request sets forth the name and the date of birth or the last four digits of the Social Security number of the veteran; and

(d) The request is made by:

(A) The veteran or the spouse, legal guardian or personal representative of the veteran;

(B) A county veterans’ service officer appointed under ORS 408.410;

(C) A representative of the Department of Veterans’ Affairs; or

(D) A licensed funeral establishment seeking to ascertain if a decedent was a veteran for the purpose of obtaining veteran’s burial benefits.

(2) This section does not create a cause of action and may not be asserted as the basis of a per se negligence claim.

(3) Each county clerk may adopt additional policies in order to protect recorded discharge papers from malicious or unlawful use and policies regarding copying of recorded discharge papers.

(4) Each county clerk shall maintain in the records of the county clerk a copy of each request for inspection of recorded discharge information for a period of at least 10 years after the date the request is received by the county clerk. [2009 c.500 §3; 2009 c.500 §3a]

Note: 408.425 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 408 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.


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