Citation Nr: 18150683
Decision Date: 11/15/18	Archive Date: 11/15/18

DOCKET NO. 16-19 787
DATE:	November 15, 2018
REMAND
The issue of whether the character of the Veteran’s service from August 30, 2010, to November 20, 2012, is a bar to receiving Department of Veterans Affairs (VA) benefits is remanded.
REASONS FOR REMAND
With regard to the issue of the character of the Veteran’s service from August 30, 2010, to November 20, 2012, is a bar to receiving Department of Veterans Affairs (VA) benefits, the Board notes that the Veteran served on active duty from August 30, 2005, to November 20, 2012, at which time he was discharged under other than honorable conditions.  VA has determined that the Veteran’s period of service from August 30, 2005, to August 29, 2010, is honorable for VA compensation purposes.  At issue in this case, however, is whether the Veteran’s period of service from August 30, 2010, until November 20, 2012, is honorable for VA compensation purposes.  
In December 2016, the Veteran stated that an Army Review Board had recently voted to upgrade the character of his discharge.  No evidence associated with the alleged upgrade of the Veteran’s character of service has been associated with the record, to include the actual determination of such a request or any evidence submitted in support of such request.  There is also no indication that the Agency of Original Jurisdiction (AOJ) has undertaken efforts to obtain such records.  Therefore, on remand, the AOJ should undertake all appropriate efforts to obtain all documentation relating to the Veteran’s application to upgrade the character of his discharge from service.
The matter is REMANDED for the following actions:
Request copies of any outstanding records and decisions associated with the Veteran’s application for an upgrade of the character of his discharge from the Department of the Army, to include the underlying records and outcome of any application.  If the Veteran’s records are unavailable after making all appropriate requests, issue a formal finding documenting the unavailability of such records and inform the Veteran of such unavailability.
 
MICHAEL A. HERMAN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J.A. Flynn