From: Robert Freeman
Date: 3/25/02 4:01PM
Subject: Re: Fwd: Military Discharges
Dear
I have received your inquiry in which you asked whether a request to have a DD-214 sealed must be made at the time that the record is filed with the County Clerk.
The statute that deals with foregoing, section 79-g of the Civil Rights Law, states that:
"a. Notwithstanding the provisions of any general, special or local law to the contrary, any person filing a certificate of honorable discharge in the office of a county clerk shall have the right to direct the county clerk to keep such certificate sealed.
b. Thereafter, such certificate shall be made available to the veteran, a duly authorized agent or representative of such veteran or the representative of the estate of a deceased veteran but shall not be open for public inspection."
As I interpret the language quoted above, there is no requirement that a request to have a certificate of honorable discharge sealed must be made at the time that such document is filed with a county clerk. While that language is not entirely clear, there is nothing specifying that a request to have the certificate sealed can only be made at the time of filing.
I hope that I have been of assistance.
Robert J. Freeman
Executive Director
NYS Committee on Open Government
41 State Street
Albany, NY 12231
(518) 474-2518 - Phone
(518) 474-1927 -
Fax
Website - www.dos.ny.gov/coog/coogwww.html
>>> Janet Mercer 03/25/02 03:43PM >>>
>>> Dears Sir or Madam, I have a situation where an individual who has his DD-214 on file in our office has requested that it be sealed. I have gone forward with this request.I now am being challenged by someone who wishes to inspect this particular Military Discharge saying that the request to seal a DD-214 must be made at the time of the actual filing. Once it is filed can it be sealed? Thank you for your attention to this matter.
State of New York