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Military Discharges

A DD214, formally known as the Certificate of Release or Discharge from Active Duty, is a document issued by the U.S. Department of Defense to every service member upon separation from active military service. It serves as a comprehensive record of a veteran’s military service, detailing key information such as dates of service, type of discharge (e.g., honorable, general, dishonorable), character of service, separation reason, and eligibility for reenlistment or benefits. This document is critical for veterans to access federal and state benefits, prove military service for employment, or secure honors like a military funeral.


In West Virginia, the handling of DD214s—or military discharge records—falls under specific provisions of the state code, particularly in Chapter 35, Article 1, which governs property management for religious organizations but also intersects with broader state practices for recording such documents. However, the most relevant general provision for recording military discharges in West Virginia is found in Chapter 59, Article 1, Section 10 (W. Va. Code §59-1-10), which outlines fees and allowances for county clerks. While this section primarily deals with fees, it implies the clerk’s role in recording official documents, including military discharges, as a standard practice across states, adapted here to West Virginia’s framework.


Here’s how DD214s and discharges connect to West Virginia State Code:


Recording of Discharge Papers:

West Virginia law allows veterans to record their DD214s with the county clerk’s office in the county where they reside. This isn’t explicitly detailed in Chapter 35 but aligns with common state practices under the authority of county clerks (as inferred from §59-1-10 and historical norms). Recording a DD214 creates a permanent local record, protecting against loss (e.g., due to fire or misplacement) and simplifying access for benefits or legal purposes. The process typically involves presenting the original DD214 or a certified copy to the clerk, who then files it in a designated record book—often labeled “Military Discharges” or similar—maintained separate from public land records for privacy.

Privacy and Access:

Although not explicitly codified in a single West Virginia statute for military discharges, privacy protections mirror federal guidelines and practices in other states (e.g., exemptions under the Freedom of Information Act, W. Va. Code §29B-1-4). DD214s contain sensitive personal information—Social Security numbers, medical data, and disciplinary records—so access is restricted to the veteran, their legal representative, or authorized parties (e.g., next of kin or government officials for benefits administration). County clerks enforce this confidentiality, and recorded DD214s are not public records open to casual inspection.

Relevance to Benefits and Honors:

The DD214’s “Character of Service” (Block 24) determines eligibility for benefits under West Virginia law, such as veterans’ preferences in employment (W. Va. Code §6-13-1 et seq.) or burial honors facilitated by the state’s veterans’ affairs offices. For example, an honorable discharge is typically required for full benefits, while a dishonorable discharge may disqualify a veteran. The state relies on the DD214 to verify service details when administering these programs, and recording it locally ensures quick validation.

Practical Process in West Virginia:

To record a DD214, a veteran visits their county clerk’s office (e.g., Monroe County Clerk in Union), submits the document, and pays a nominal fee—often waived for military records under §59-1-10’s discretionary provisions or local policy. The clerk then provides certified copies upon request, typically for free or a small charge (e.g., $1-$2), as set by county rules. If a veteran loses their DD214, they can request a replacement from the National Personnel Records Center (NPRC) in St. Louis, not the state, but the recorded copy serves as a backup.

In summary, West Virginia integrates DD214s into its legal framework through county clerks’ recording duties, implied under §59-1-10 and supported by practical administration, rather than a standalone military-specific statute. This ensures veterans can safeguard their discharge records and leverage them for state-provided rights, all while maintaining privacy consistent with broader legal norms. The system reflects a balance of accessibility and protection, grounded in the state’s commitment to its veterans.