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MAINE STATUTES AND CODES

37-B §509. Confidentiality of military service records

Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT HEADING: PL 1997, C. 455, §9 (RPR)

Chapter 7: BUREAU OF MAINE VETERANS' SERVICES HEADING: PL 1991, C. 626, §7 (RPR); 1997, C. 455, §16 (RPR)

§509. Confidentiality of military service records

1. Certificate of release. A certificate of release or discharge from active duty issued by the United States Government and filed for safekeeping with any state, county or local government authority is confidential for a period of 75 years following its filing. During that 75-year period, it is unlawful for a person to permit inspection of the record, to disclose information contained in the record or to issue a copy of all or any part of the record except as authorized by this section or by court order.

[ 2003, c. 404, §7 (NEW) .]

2. Identification. Upon presentation of proper identification, any of the following persons may examine a record filed pursuant to this section and obtain free of charge a copy or certified copy of all or part of the record:

A. The person who is the subject of the record; [2003, c. 404, §7 (NEW).]

B. The spouse or next of kin of the person who is the subject of the record; [2003, c. 404, §7 (NEW).]

C. A person named in an appropriate power of attorney executed by the person who is the subject of the record; [2003, c. 404, §7 (NEW).]

D. The administrator, executor, guardian or legal representative of the person who is the subject of the record; [2003, c. 404, §7 (NEW).]

E. An attorney for any person specified in paragraphs A to D of this subsection; [2005, c. 273, §3 (AMD).]

F. A civilian employee or military member of the department when in the conduct of official duties; or [2005, c. 273, §3 (AMD).]

G. The administrator of the Maine Veterans' Home when in the conduct of official duties. [2005, c. 273, §4 (NEW).]

[ 2005, c. 273, §§3, 4 (AMD) .]

3. Records. Records kept pursuant to this section may not be reproduced or used in whole or in part for any commercial or speculative purposes.

[ 2003, c. 404, §7 (NEW) .]

4. Disclose. An individual, agency or court that obtains information pursuant to this section may not disseminate or disclose the information or any part of this information except as authorized in this section or otherwise by law.

[ 2003, c. 404, §7 (NEW) .]

SECTION HISTORY

2003, c. 404, §7 (NEW). 2005, c. 273, §§3,4 (AMD).

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