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Tennessee Code Title 10. Public Libraries, Archives and Records § 10-7-513

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) This section applies to a military veteran's department of defense form DD-214 or other military discharge record that is recorded with or that otherwise comes into the possession of a governmental body.

(b) The record is confidential for the seventy-five (75) years following the date it is recorded with or otherwise first comes into the possession of a governmental body. During such period, the governmental body may permit inspection or copying of the record or disclose information contained in the record only in accordance with this section or in accordance with a court order.

(c) On request and presentation of proper identification, the following persons may inspect the military discharge record or obtain from the governmental body a copy or certified copy of such record:

(1) The veteran who is the subject of the record;

(2) The legal guardian of the veteran;

(3) The spouse or a child or parent of the veteran or, if there is no living spouse, child, or parent, the nearest living relative of the veteran;

(4) The personal representative of the estate of the veteran;

(5) The person named by the veteran, or by a person described by subdivision (c)(2), (c)(3), or (c)(4), in an appropriate power of attorney;

(6) Another governmental body; or

(7) An authorized representative of the funeral home that assists with the burial of the veteran.

(d) A court that orders the release of information under this section shall limit the further disclosure of the information and the purposes for which the information may be used.

(e) A governmental body that obtains information from the record shall limit the governmental body's use and disclosure of the information to the purpose for which the information was obtained.

(f)(1) Any person described in subdivisions (c)(1)-(5) may request that a county register of deeds remove from the official records held in such register's office, excepting records preserved on microfilm, any of the following record forms: DD-214, DD-215, WD AGO 55, WD AGO 53-55, NAVMC 78-PD, NAVPERS 553, or any other military discharge, or alternatively may request that the veteran's social security identification number be redacted from any such military discharge record if such records are stored in a manner that permits redaction.

(2) The request for removal of a military discharge record or redaction of a social security number from a military discharge record in the office of the county register of deeds pursuant to subdivision (f)(1) shall be made on a paper writing in a form substantially as follows:

REQUEST FOR REMOVAL OF MILITARY DISCHARGE OR REDACTION OF SOCIAL SECURITY NUMBER FROM A MILITARY DISCHARGE

1. Full Name of Veteran:

____________________

2. Name of Person Making Request:

____________________

3. If not the Veteran making the request, identify the legal relationship that entitles the Person Making Request to make the request: (check one)

(a) Spouse, child, or parent (or nearest living relative if there is no living spouse, child, or parent) of the veteran ___

(b) Attorney-in-fact ___

(c) Personal Representative of Veteran's Estate ___

(d) Legal Guardian ___

4. Check (a) or (b):

(a) Request removal of military discharge record ___

(b) Request redaction of social security number on military discharge record (if practicable) ___

5. Type of Military Discharge Record:

____________________

6. Book and Page Number or other reference identifying where the military discharge record is recorded in the _______ County Register's office:

Book No._______ Page No. _______; or

__________ No. _______

7. Signature of Person Making Request:

____________________

State of Tennessee

County of __________

Personally appeared before me ___, (person duly authorized to take acknowledgments in county), the within named __________, with whom I am personally acquainted (or proven to me on the basis of satisfactory evidence) and who acknowledges that such person executed the within instrument for the purpose of making a request of the Register of Deeds of _______ County, Tennessee, to remove a military discharge record or redact a social security identification number from a military discharge record, excepting microfilm records.

Witness my hand this ___ day of _______, 20__.

(signature of person taking acknowledgement)
[Space for Seal of Office]

(3) The completed request form as provided in subdivision (f)(2) is eligible for recording in the office of the county register of deeds where submitted. The register has no duty to inquire beyond the acknowledged request to verify the identity or authority of the person requesting the removal. Upon recording the written request, the county register shall act in accordance with the request to either remove the military discharge record identified in the request from the records of the office, except microfilm records, or redact the social security identification number from a military discharge record recorded in the office of the county register if practicable. If redaction is requested and is not practicable, the county register shall not record the request and shall, verbally or by writing, explain to the person making the request why redaction is not practicable and state that the person may instead request the removal of the military discharge record from the records of the county register.

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Cite this article: FindLaw.com - Tennessee Code Title 10. Public Libraries, Archives and Records § 10-7-513 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-10-public-libraries-archives-and-records/tn-code-sect-10-7-513/

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