RECORDING NAT'L GUARD DISCHARGE S.B. 752:
ANALYSIS AS REPORTED FROM COMMITTEE
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Senate Bill 752 (as reported without amendment) (as enrolled)
Sponsor: Senator Jason E. Allen
Committee: Senior Citizens and Veterans Affairs
Date Completed: 10-30-07
RATIONALE
When a veteran is discharged from military service, he or she receives a Certificate of Release or Discharge from Active Duty, commonly referred to as DD Form 214 or DD-214. This form contains an array of information, including details of the veteran's entry into and release from active duty; duty assignment and rank; military job specialty; military education; decorations, medals, citations, and campaign awards; foreign service credit; and other separation information. If the discharged service member loses or misplaces of his or her DD-214, he or she may need to obtain another copy of it when applying for veterans benefits or otherwise verifying his or her military service. While Public Act 83 of 1867 requires a county clerk to record all military discharges presented to that office, there is no requirement that a DD-214 be presented to a county clerk for recording. Some people believe that the Department of Military and Veterans Affairs (DMVA) should be required to present the discharge certificates of National Guard veterans, who served under State authority.
CONTENT
The bill would amend the Michigan Military Act to require the Department of Military and Veterans Affairs to present discharge certificates for enlisted personnel discharged from service in the National Guard to the home counties of enlisted personnel.
The certificates would have to be presented for recording pursuant to Public Act 83 of 1867, which requires a county clerk to record all discharges of soldiers, sailors, marines, nurses, and members of women's auxiliaries that may be presented to the clerk for recording. Public Act 83 also regulates the disclosure of recorded discharge information.
MCL 32.637
ARGUMENTS
(Please note: The arguments contained in this analysis originate from sources outside the Senate Fiscal Agency. The Senate Fiscal Agency neither supports nor opposes legislation.)
Supporting Argument
When a veteran of the National Guard wishes to secure veterans benefits or to verify his or her military experience for employment or other reasons, he or she may need to show a copy of his or her discharge papers. While a discharged military veteran is given a copy of his or her DD-214 upon separation from military service, it may be years later that he or she needs to use the form. If the veteran's copy of the DD-214 has been lost or destroyed, however, he or she will need to obtain another copy of it, which may take quite some time. By requiring that the DMVA present county clerks with discharge certificates for National Guard members upon their separation from service, the bill (together with existing requirements in Public Act 83 of 1867) would ensure that there was a centralized, local depository of those forms available to National Guard veterans when they needed them.
The bill would apply only to National Guard members because they serve under State authority, as administered by the DMVA. Senate Resolution 101, which also was
reported from the Senate Committee on Senior Citizens and Veterans Affairs, would urge the U.S. Department of Defense to provide copies of DD-214s to the home county of each member of the U.S. armed forces at the conclusion of their service.
Legislative Analyst: Patrick Affholter
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
Fiscal Analyst: Bruce BakerAnalysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. SB752/0708