Reference: For more information on willful and persistent misconduct, see 4. COD Determinations and Healthcare Introduction This topic contains information on the healthcare benefits available with different types of discharges, including health care benefits for former military personnel with certain OTH discharges, and statutory bar or bad conduct discharges (BCDs). Change Date May 28, 2015 a. Health Care Benefits for Former Military Personnel With Certain OTH Discharges Effective October 8, 1977, under Public Law (PL) 95-126, eligibility to health care benefits for any disability incurred or aggravated in the line of duty during active service is extended to any former military personnel with an OTH discharge, regardless of the date of that discharge. Even service members who are determined to have been discharged under the bars described in , are eligible for health care. Eligibility for health care is not extended to persons discharged by reason of a bad conduct discharge (BCD), or under one of the statutory bars described in . Consider any claim which requires review of a statutory bar or preparation of a COD determination as a claim for health care benefits. Note: Even if a BCD is determined to be honorable for VA purposes (HVA), the service member is not eligible for health care. This is the only circumstance in which a service member may be found to have service connected disabilities but not be eligible for health care. References: For more information on eligibility for the health care benefits based on an OTH discharge, see , and treatment for service-connected disabilities, see . b. Statutory Bar or BCD Use the table below to determine which action to take for health care benefits when a COD is the result of a statutory bar or is a BCD.
g. Example: Method for Determining Dates of Service for a Conditional Discharge The table below shows how dates of service would be determined for the scenario described in M21-1, Part III, Subpart v, 1.B.5.f: Dates Facts Remarks Entered Duty on 12/29/1980 Initial enlistment for 4 years Based on enlistment date, the obligated period of service is considered complete on 12/28/1984 Obligated period of service would have ended on 12/28/1984 Reenlisted for 6 years on 04/04/1984 Based on reenlistment contract, the obligated period of service is considered complete on 12/27/1990 Note: The 6 year enlistment is added to the completion date determined above (12/28/1984). Obligated period of service would have ended on 12/27/1990 Reenlisted for 6 years on 10/31/1988 Based on reenlistment contract, the obligated period of service is considered complete on 12/26/1996 Note: The 6-year enlistment is added to the completion date determined above (12/27/1990). h. Example: Alternative Method for Determining Dates of Service for a Conditional Discharge The table below shows an alternative method for determining dates of service for the scenario described in M21-1, Part III, Subpart v, 1.B.5.f, using only entry, obligation, and release from active duty (RAD) dates:
effect of substituted discharge under effect of a change in COD the guidelines of PL 95-126, and cases exempt from PL 95-126. Change Date May 28, 2015 a. Identifying a Clemency Discharge All copies of a DD Form 214, Certificate of Release or Discharge From Active Duty, granting clemency issued to military absentees under Presidential Proclamation no. 4313 contain the following statement in the Remarks section: “Subject member has agreed to serve months alternate service pursuant to Presidential Proclamation No. 4313.” The VA copy of the DD Form 214 is not provided to the discharged individual and the reason for separation is shown as “Separation for the good of the service by reason of a willful and persistent unauthorized absence, pursuant to Presidential Proclamation No. 4313.” The service department also issued a special type of discharge, Clemency Discharge, DD Form 1953, which was a substitute for the previously awarded undesirable discharge. Note: These clemency discharges were offered to certain individuals who incurred other than honorable discharges for unauthorized absence, or failed to report for ordered military service between August 4, 1964, and March 28, 1973. b. Making a Clemency Discharge Determination A clemency discharge does not necessarily entitle or reinstate entitlement to benefits administered by VA, and VA must make a decision on the COD. Prior to making a determination on service that resulted in a clemency discharge furnish notification in accordance with M21-1, Part III, Subpart v, 1.A.3. c. Elements That Assist in Identifying Upgraded Discharges Use the table below for descriptions of elements that assist in identifying upgraded discharges. Type of Upgrade Element Description All 9A on DD Form 214 Contains “Discharge.”
discharge “Under Honorable Conditions,” commonly called general). d. Decision Made Through a Board for Correction of Records or a DRB A decision by a service department acting through a Board for Correction of Records is final and binding on VA. This applies even if VA previously made a formal determination concerning a statutory bar under , and/or a service department, acting through a Discharge Review Board (DRB), changed the COD prior to enactment of on October 8, 1977. Exception: A change in COD from a service department through a DRB is not final and binding on VA when there is a bar because the discharge was due to the sentence of a GCM per and . e. Recognizing an Honorable or General Discharge Issued by a DRB Intended to Set Aside a Bar VA does not recognize an honorable or general discharge issued by a DRB intended to set aside a bar under , on or after enactment of , October 8, 1977 (). If such an upgraded discharge is received, examine the claim for the existence of a statutory bar. Exception: Only favorable action by a Board for Correction of Military Records will overcome a bar under . Note: This provision also applies to those discharges issued prior to October 8, 1977, under the special review program (), even if a later review by a DRB confirms that the upgrading was warranted under the uniform published review criteria. f. Effect of Substituted Discharge Under 10 U.S.C. 874(b) An upgraded discharge issued pursuant to does not remove the statutory bar to benefits under for individuals discharged or dismissed by reason of the sentence of a general court-martial, because an upgraded discharge issued under changes the COD, but not the reasons for discharge, and an upgraded discharge issued pursuant to does not remove the statutory bar to benefits under section as to individuals discharged or dismissed by reason of the sentence of a general court-martial. Example: The action of the Secretary of a service department under , substituting an administrative discharge for a discharge or dismissal executed in accordance with the sentence of a general court-martial, does not remove the statutory bar to benefits under .