Miscellaneous

South Dakota Free Recording and Release of a Discharge Certificate

A veteran records a discharge certificate with the county register of deeds free, and certified copies go free to a listed set of people. A 2026 act rewrote the release rules and carved out the version that hides the character of discharge.

Also called: 33A-2-8, DD-214, register of deeds, certificate of discharge, certified copy, next of kin, character of discharge, record a discharge.

For: Veteran or service member, survivor.

Where it applies

Written for the jurisdictions listed here.

Section 33A-2-8 lets a veteran record, with a county register of deeds, any certificate of discharge from service in the armed forces or the National Guard, without charge. Recording it puts a retrievable copy in a county office within driving distance, which matters more than it sounds when a DD-214 is lost and the National Personnel Records Center is months behind. The release rules were rewritten by Senate Bill 35 of 2026 and are now a list. The register of deeds must provide a certified copy without charge on request from the veteran; a representative of the Department of Veterans Affairs; an individual designated by the veteran to have access; the veteran's legal representative; a veterans' service officer employed by a county under 33A-1-22 or appointed by an Indian tribe under 33A-1-29; a veterans service organisation representative accredited by the United States Department of Veterans Affairs; or the veteran's next of kin if the veteran is deceased. The carve-out is the privacy protection and it is easy to read past. The section "does not apply to a version of a veteran's certificate of discharge that does not display the veteran's type of discharge". The member copy of a DD-214 that omits the character of service is outside these restrictions entirely, so it is the version to record where the concern is a genealogist or an employer reading the reason for separation out of a county record. Anyone requesting a certified copy must submit a form, provided by the Department of Veterans Affairs, disclosing their eligibility to receive it under this section. The form is the gate, and a register of deeds that hands over a copy without one is outside the statute. The 2026 rewrite replaced an older paragraph that had reached the same result through a cross-reference to 43-28-2(7) and a narrower list, and that older language is still what a good deal of published guidance describes. A separate free-copy provision sits in the vital records chapter: 34-25-54 supplies certified copies free for military or veterans' claims.

Thresholds

Thresholds for South Dakota Free Recording and Release of a Discharge Certificate
GateRule
Recording is free to the veteranA veteran may record a certificate of discharge from armed forces or National Guard service with a county register of deeds without charge.
Seven categories may get a free certified copyThe veteran; a department representative; an individual the veteran designated; the veteran’s legal representative; a county or tribal veterans service officer; an accredited veterans service organisation representative; and, where the veteran has died, the next of kin.
A form disclosing eligibility is requiredAnyone requesting a certified copy must submit a Department of Veterans Affairs form disclosing their eligibility under the section.
The restrictions do not reach a copy without the discharge typeA version of the certificate that does not display the veteran’s type of discharge falls outside the section, which is the version to record where the character of service is the concern.

Sources

Legislation

Law the tracker is watching for this entry. See the legislation tracker for every jurisdiction.

Ch. 142, L. 2026 (Senate Bill 35) Rewrote who may obtain a recorded discharge certificate from a register of deeds

Catalog reconciledEnactedScope changed

Signed

  1. Introduced Done, , step 1 of 6
  2. In committee Done, , step 2 of 6
  3. Passed one chamber Done, , step 3 of 6
  4. Passed both chambers Done, , step 4 of 6
  5. Signed by the governor Done, , step 5 of 6
  6. In effect Done, , step 6 of 6

Replaced the text of 33A-2-8, which had reached the question through a cross-reference to 43-28-2(7), with a direct list: a veteran may record a certificate of discharge from armed forces or National Guard service free, and the register of deeds must provide a free certified copy to the veteran, a department representative, an individual the veteran designated, the veteran’s legal representative, a county or tribal veterans service officer, an accredited veterans service organisation representative, or the next of kin of a deceased veteran, each on a form disclosing their eligibility. The section expressly does not apply to a version of the certificate that does not display the veteran’s type of discharge, which leaves the member copy outside the restrictions and makes it the version to record where the character of service is the concern. Tracked because published guidance still describes the pre-2026 mechanism.

Sponsor

  • The Chair of the Committee on Military and Veterans Affairs at the request of the Department of Veterans AffairsSenate

Touches SDCL § 33A-2-8

Official record

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Disclaimer

VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.