http://www.carlisle.army.mil/ahec/visit.cfm ...
http://www.carlisle.army.mil/ahec/index.cfmhttp://www.carlisle.army.mil/ahec/research.cfmI was thinking the same thing as what Richard said about the legal aspect, and of course those documents were originally federal documents,...can states make rulings in relation to federal documents ?, from what you're saying, seemingly yes.
Good thing to state the exact relevant legislation.
I'm wondering if anyone has ever challenged that ruling via a Freedom Of Information act
application. ?
Officials everywhere often love to make and apply rules and regulations that turn out not to be valid or enforceable when they are subjected to formal challenge.
American veterans and their spouses and dependents have a legal right to be buried in a military cemetery and to have a military grave marker, and in some cases to receive financial burial benefits, all of which require the production of relevant documentary proof.
http://www.cem.va.gov/burial_benefits/http://www.benefits.va.gov/compensation/claims-special-buria...In some cases, such documentary proof might only be available via a veterans discharge documents.
So I'm wondering, if in some cases, the Oregon ruling might effectively be serving to deny veteran's close relatives their legal federal rights in relation to both themselves and or to a deceased veteran relative,...unless perhaps Oregon issues some sort of documentary certificate in such circumstances which enables the veteran's relative to prove the veteran status of the veteran concerned, and their kinship connection to the veteran.
Seemingly not so, because funeral directors in can apply for a veteran's discharge records in Oregon.
Ditto that question in respect of veteran benefits, and especially medical benefits.
I can imagine a scenario in which the relatives of an Oregon veteran, need to access medical benefits on behalf of the veteran, but can't do so because their only source of documentary proof is the veteran's discharge documents, which they may not be able to access, unless Oregon has made a separate provision for doing so in medical situations.
Discharge documents in Oregon can be applied for by the Department of Veterans Affairs or by a County Veterans Service Officer, and presumably in the case of an urgent medical situation they might apply on behalf of the veteran's family if the veteran wasn't able to apply on their own behalf, and if those organisations were involved in a medical situation, hopefully they would act quickly.
Indeed there was a post on here in the past year from the son of a veteran who was in just that situation, not because of an Oregon scenario though.
In his case his veteran father was suffering from dementia but the son couldn't get veteran medical benefits for his father because he had no documentary proof of, or specific knowledge about, his father's military service.
One possible back door method for accessing such records, although it would be a huge longshot, and super likely to be unsuccessful, might be via the veteran's employment records.
Because, if I recall correctly, I think that it was the case that WW2 veterans especially, would sometimes deposit a copy of their discharge documents with their post war employer.
I can't recall the exact reasons for doing that, but I think that it was in connection with employee and employer tax matters and employer financial incentives in connection with the civilian employment of WW2 veterans.
Richard often says that a veteran was given 6 copies of their discharge documents.
Why so many copies. ? Presumably it was because there was a potential future need and use for each of those copies.
One for the veteran to retain. one to deposit with the local authorities in their first post war place of residence, possibly one for employers.
Who else might need a copy. ?
Possibly, their doctor or a hospital in connection with veteran medical benefits, a college or training facility in connection with post war education or training under the G.I. Bill of Rights, a funeral director/military cemetery in respect of burial rights and benefits for a veteran, and or their spouse and or dependents.
If so, then I'm guessing that in the case of some veterans, a copy of their discharge documents might still exist in the records of such organisations.
Have you actually read that law for yourself. ?
https://olis.leg.state.or.us/liz/2009R1/Downloads/MeasureDoc...Hmmm,..."County Clerk" ? ...might it be that the County Clerk of that county has misunderstood, and or, is misapplying the provisions of that particular law. ?
Officials everywhere have a natural inclination to say, "no not available", in respect of requests for information, and they have a tendency to interpret the provisions of any law that relates to information in such a way as to support their refusal.
It's amazing in some countries how often freedom of information acts are quoted as the legal reason for not releasing information either to the general public or to individual applicants.
Have you tried asking the County Clerks of some other Oregon counties what their policy is in respect of applications for veterans discharge documents of deceased veterans which are made by close family members of the veteran. ?