Citation Nr: 20003367
Decision Date: 01/14/20	Archive Date: 01/14/20

DOCKET NO. 19-20 433
DATE: January 14, 2020

REMANDED

The petition to reopen the issue of whether the character of the character of the appellant’s discharge from service is a bar to receiving Department of Veterans Affairs (VA) benefits is remanded.

REASONS FOR REMAND

The appellant served on an initial period of active duty for training (ACDUTRA) from December 1972 to May 1973, at which time he was honorably discharged.  The appellant served on active duty from June 1973 to February 1976, at which time he was honorably discharged.  The appellant served on active duty from March 1976 to October 1977, at which time he was discharged under conditions other than honorable.  

An October 2000 administrative decision found that the entirety of the appellant’s service, from December 1972 to October 1977, was dishonorable for the purpose of receiving VA benefits.  A March 2017 administrative decision declined to reopen the determination of whether the appellant’s service was a bar to the receipt of VA benefits.  

VA has requested and obtained the facts and circumstances surrounding the appellant’s October 1977 discharge from service.  VA has not, however, requested a full copy of the appellant’s personnel records, including records relating to the appellant’s June 1973 enlistment.  Such records are relevant because they relate to the determination of whether the “other than honorable” characterization of the appellant’s service applies to the entirety of the appellant’s service, or only to his period of service from March 1976 to October 1977.  On remand, the Agency of Original Jurisdiction should undertake all appropriate efforts to obtain a complete copy of the appellant’s personnel record.  

The matters are REMANDED for the following action:

Undertake all appropriate efforts to obtain a complete copy of the appellant’s personnel file.  All negative responses must be documented.

 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J.A. Flynn

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.