Citation Nr: 18142360
Decision Date: 10/15/18	Archive Date: 10/15/18

DOCKET NO. 16-62 075
DATE:	October 15, 2018
REMANDED
Whether the appellant submitted new and material evidence to permit re-opening a determination that the appellant's character of discharge is a bar to the receipt of Department of Veterans Affairs (VA) benefits is remanded.
REASONS FOR REMAND
The appellant had active duty from July 1974 to March 1977 and from March 1977 to July 1978.
Whether the appellant submitted new and material evidence to permit re-opening a determination of whether the appellant's character of discharge is a bar to the receipt of VA benefits is remanded.
VA held in a March 1979 decision that the appellant’s two periods of active service were considered one period of active service and that his other than honorable discharge was a bar to the receipt of VA benefits. The Veteran did not appeal that decision and it became final. In April 2015, the appellant filed a new claim of entitlement to service connection. In a June 2015 letter, VA notified the appellant that the issue had been previously decided but did not determine whether the appellant had submitted new and material evidence to permit re-opening the character of discharge determination. 
The matter is REMANDED for the following action:
Determine whether the appellant has submitted new and material evidence to permit re-opening the character of discharge determination. 
 
JENNIFER HWA
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. Parke