Citation Nr: 21031385
Decision Date: 05/21/21	Archive Date: 05/21/21

DOCKET NO. 19-37 064
DATE: May 21, 2021

ORDER

The Veteran's character of discharge is not a bar to the receipt of VA benefits; the appeal is granted.

FINDING OF FACT

The Veteran's character of discharge was upgraded in November 2020 by the Department of the Navy Board of Corrections of Naval Records to under honorable conditions (general).

CONCLUSION OF LAW

The character of the Veteran's discharge from military service is not a bar to the award of VA benefits. 38 U.S.C. § 5303; 38 C.F.R. §§ 3.1(d), 3.12.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from February 18, 1977 to September 10, 1979.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2018 administrative decision of the Department of Veterans Affairs (VA) Regional Office in Portland, Oregon. 

The Veteran provided testimony before the undersigned in December 2020 and a transcript of the proceeding has been associated with the record. 

1. Whether the Veteran's character of discharge is a bar to the receipt of VA benefits.

When a person is seeking VA benefits, it first must be shown that the service member upon whose service such benefits are predicated has attained the status of veteran. 38 U.S.C. §§ 1110, 1131; see Cropper v. Brown, 6 Vet. App. 450, 452 (1994). The term "veteran" means a person who served in the active military, naval, or air service, and who was discharged or released under conditions other than dishonorable. 38 U.S.C. § 101(2); 38 C.F.R. § 3.1(d).

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When the Veteran initially filed his compensation claim in August 2008, he was in receipt of a discharge under other than honorable conditions. In an April 2018 administrative decision, the RO determined that the Veteran's character of discharge was a bar to his receipt of VA benefits. Since that time, the Veteran submitted a November 2020 review of the Navy Board of Correction of Naval Records which upgraded the Veteran's discharge to under honorable conditions (general). Thus, because of the Veteran's upgraded character of discharge, he is entitled to VA benefits. Therefore, the claim is granted.

 

 

H. SEESEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Michael J. O'Connor

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.