reason being a potential bar to benefits under . For additional information on this example, see . Exception: Records added to the Beneficiary Identification Records Locator Subsystem (BIRLS) from the Veterans Assistance Discharge System (VADS) after October 16, 1975, include the reason for separation. Further development of circumstances of discharge is required, even if there is indication that COD was honorable or general, if the reason code shown in the corporate record is T38 (possible Title 38 bar to VA benefits) 953 (clemency discharge) BEO (“By Executive Order”), or DRO (Discharge Review—prior discharge “Under Conditions Other Than Honorable”). c. Formal Findings Required for OTH Discharges A formal COD determination is required when the Veteran’s discharge is one of the following: an undesirable discharge an OTH discharge, or a bad conduct discharge (BCD). Important: Review the issue of “Veteran status” prior to making a COD determination. See for the definition of Veteran. d. When it is Not Necessary to Make a COD Determination It is not necessary to make a COD determination for VA claim purposes before the claimant applies to the Veterans Benefits Administration (VBA) and places the matter at issue, or if there is a separate period of honorable service, which qualifies the person for the benefits claimed Exception: If the individual is subsequently convicted of a “subversive activity” as provided in , the determination is necessary. Note: If there is any question regarding which period of service would qualify the person for the benefits claimed, a COD determination must be made before a rating decision can be completed. e. Responsibility for Development of Evidence The development activity has the responsibility for development of all necessary evidence and preparation of administrative decisions for issues discussed in this chapter.
Criteria Narrative Decision on DD Form 215 Navy/Marine Corps favorable second review Discharge review under PL 95-126 and a determination has been made that characterization of service is warranted by DOD Directive 1332.28. Navy/Marine Corps unfavorable second review Discharge review under PL 95-126 and a determination has been made that characterization of service is warranted by DOD SDRP 4 Apr 77. Army/Air Force favorable second review Discharge review under PL 95-126 and a determination has been made that a change in characterization of service is warranted by DOD Directive 1332.28. Army/Air Force unfavorable second review Discharge review under PL 95-126 and a determination has been made that characterization of service was warranted by DOD SDRP 4 Apr 77. d. Favorable DRB Determinations Carefully review the full service records and determine if the former service member was discharged or released under one of the conditions listed in . If so, follow the instructions in M21-1, Part III, Subpart v, 1.B.7.e If not, the favorable DRB determination is used as the basis for eligibility to VA benefits. Reference: For more information on aliens, see . e. Favorable DRB Determinations When 38 CFR 3.12(c) Is a Factor If is a factor, VA can still deny eligibility to benefits, even though the DRB review was favorable. If a previous administrative decision held that the COD was OTH, and is a factor, annotate that decision to show the date of the application for discharge review initial DRB upgrade, and VA affirmed previous decision. f. Unfavorable DRB Decisions If the DRB decision is unfavorable, eligibility to VA benefits rests on the merits of the original “other than honorable” discharge and corresponding facts and circumstances. Follow the steps in the table below to process an unfavorable DRB decision, even if the claims folder contains an unfavorable administrative decision made prior to the issuance of the adverse DRB decision.