Citation Nr: 18157997 Decision Date: 12/14/18 Archive Date: 12/13/18 DOCKET NO. 16-19 579A DATE: December 14, 2018 REMANDED The issue of whether the character of the Appellant’s service from December 17, 2009, to September 12, 2013, constitutes a bar to receiving Department of Veterans Affairs (VA) benefits for this period is remanded. REASONS FOR REMAND The available service personnel records in this case suggest that the Appellant separated from service following a summary court-martial charging him with violation of a lawful general order and wrongfully committing sodomy. The existing evidence of record does not include the facts and circumstances surrounding the Appellant’s separation from service. The record does not, for example, contain any documentation relating to the Appellant’s summary court-marital, and it does not appear that the Agency of Original Jurisdiction (AOJ) has requested copies of such documentation. On remand, the AOJ should undertake all appropriate efforts to obtain a complete copy of the facts and circumstances associated with the Appellant’s separation from service, including documentation associated with his summary court-martial. The matter is REMANDED for the following action: Undertake all appropriate efforts to obtain a complete copy of the facts and circumstances associated with the Appellant’s separation from service, including documentation associated with his summary court-martial. MICHAEL A. HERMAN Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J.A. Flynn