Citation Nr: 18142128
Decision Date: 10/15/18	Archive Date: 10/12/18

DOCKET NO. 15-32 911
DATE:	October 15, 2018
REMANDED ISSUE
The issue of whether the character of the decedent’s service constitutes a bar to receiving Department of Veterans Affairs (VA) benefits is remanded.
REASONS FOR REMAND
The decedent served on active duty from August 1961 to August 1963, at which time he was discharged under other than honorable conditions.  The decedent died in January 2015, and the Appellant has been substituted in this case as the decedent’s surviving spouse.
In developing the claim, the Agency of Original Jurisdiction (AOJ) received only the decedent’s service treatment records and the facts and circumstances surrounding his discharge.  The AOJ did not, however, request a complete copy of the decedent’s service personnel records.  This omission is particularly relevant because the misconduct that resulted in the decedent’s separation from service took place during a two-month period after he had successfully completed a year and eight months of service.  An examination of the decedent’s full personnel record is required to determine whether his incidents of misconduct were indeed willful and persistent.  On remand, the AOJ should undertake all appropriate efforts to obtain a complete copy of the decedent’s entire personnel record.  Additionally, the AOJ should associate a copy of the decedent’s death certificate with the claims file.  
The matter is REMANDED for the following actions:
1. Undertake all appropriate efforts to obtain a complete copy of the decedent’s service personnel file and the decedent’s death certificate.
2. Then, readjudicate the claim.  If any decision is adverse to the Appellant, issue a supplemental statement of the case and allow the appropriate time for response.  Then, return the case to the Board.
 
KELLI A. KORDICH
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J.A. Flynn