Citation Nr: 22041206
Decision Date: 07/19/22	Archive Date: 07/19/22

DOCKET NO. 20-02 200
DATE: July 19, 2022

REMANDED

The issue as to whether the character of the appellant's discharge from service is a bar to entitlement to Department of Veterans Affairs (VA) benefits is remanded.

REASONS FOR REMAND

The appellant served on active duty from May 2008 through October 2016. The appellant resigned from service and accepted an Under Other Than Honorable discharge in lieu of facing General Court Martial. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from June 2018 administrative decision.

The Veteran was afforded a hearing before the undersigned Veterans Law Judge in May 2022. A transcript of the hearing is associated with the electric claims file.

1. The issue as to whether the character of the appellant's discharge from service is a bar to entitlement to Department of Veterans Affairs (VA) benefits is remanded.

The appellant asserts that his character of discharge is not a bar to VA benefits. He also seeks to continue a joint Department of Defense/Veterans' Affairs (DOD/VA) claims process that he initiated while in service. Alternatively, the appellant asserts that the U.S. Army had upgraded his discharge.

In his January 2020 Notice of Disagreement, the appellant contested the facts and circumstances of his discharge from service. However, he did not indicate that he had submitted an application to the U. S. Army Discharge Review Board (DRB) or Board of Corrections of Military Records (BCMR). 

In the May 2022 Board hearing, the appellant testified he had received an upgrade to his discharge from the United States Army Discharge Review Board (DRB). 

The appellant submitted a Certificate of Discharge which proports to indicate that the DRB had upgraded his discharge from Under Other than Honorable (OTH) conditions to an Under Honorable Conditions (General) discharge. The submitted DD214 indicates an application to the DRB in November 2019, with an August 2021 approval. However, it is unclear of the effective date of the discharge upgrade, if any.

Based on the foregoing, the Board finds that a remand is warranted to obtain the complete records of the appellant's application to the DRB, and any decisions related to such application.

The matters are REMANDED for the following action:

1. Request copies of any outstanding records and decisions associated with any applications for an upgrade of the character of the appellant's discharge from the U.S. Army, to include any records from the DRB and/or the BCMR.

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2. Readjudicate the appeal and issue an administrative decision. If the benefit sought remains denied, issue the appellant and his representative a supplemental statement of the case and inform the appellant of his appeal options.

 

 

Cynthia M. Bruce

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Michael J. O'Connor, Counsel

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.