(a) If an individual who is subject to a criminal history
check has prior military experience, the department or facility must
review the applicant's most recent separation or discharge documents.
(b) In the event separation or discharge documents
reflect character of service that is anything other than "honorable
discharge" or "honorably discharged," the department or facility must:
(1) attempt to obtain authorization from the applicant
for the release of information; and
(2) request additional information from the appropriate
governmental entity to determine whether the reason for discharge
was the result of disqualifying criminal conduct.
(c) Before an individual with prior military history
begins employment or service provision, the department or facility
must use the information described in subsections (a) and (b) of this
section to determine if the individual has a disqualifying criminal
history as specified in §344.400 of this title.
(d) The department or facility must review the most
recent separation or discharge documents as described in subsections
(a) and (b) of this section when a currently employed certified officer
returns from a period of active duty or is discharged from military
service.
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