Citation Nr: 21032478
Decision Date: 05/27/21	Archive Date: 05/27/21

DOCKET NO. 17-36 688
DATE: May 27, 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 February 2020 by the Department of the Army Board of Corrections of Military Records to honorable conditions.

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 August 30, 1968 through January 20, 1972. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2015 administrative decision of the Department of Veterans Affairs (VA) Regional Office in Buffalo, New York.  

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). 

When the Veteran initially filed his compensation claim, he was in receipt of a discharge under other than honorable conditions. In a March 2015 administrative decision, the RO determined that the Veteran's character of discharge was a bar to his receipt of VA benefits. 

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Since that time, the Veteran submitted a February 2020 review of the Army Board of Correction of Military Records which upgraded the Veteran's discharge to under honorable conditions. Thus, because of the Veteran's upgraded character of discharge, he is entitled to VA benefits. Therefore, the claim is granted. 

 

T. MAINELLI

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.