(1) Each county clerk who receives a request to inspect veteran discharge papers that are recorded under ORS 408.420 shall produce the recorded discharge papers for inspection if:
- (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.
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.
[2009 c.500 §3; 2009 c.500 §3a]