Continued on next page 5. Character of Discharge (COD) Determinations, Continued l. COD Determination Template, Segment 2 Below is an image representing Segment 2 of the template for COD determinations. Continued on next page 5. Character of Discharge (COD) Determinations, Continued m. COD Determination Template, Segment 3 Below is an image representing Segment 3 of the template for COD determinations. Continued on next page 5. Character of Discharge (COD) Determinations, Continued n. COD Determination Template, Segment 4 Below is an image representing Segment 4 of the template for COD determinations. 6. Statutory Bar to Benefits Introduction This topic contains information on the statutory bar to benefits, including bars established by 38 CFR 3.12(c) additional information on discharge
by the sentence of a General Court-Martial (GCM), for alienage, and for unauthorized absence (UA) or absence without official leave (AWOL). Change Date August 21, 2014 a. Bars Established by 38 CFR 3.12(c) A statutory bar to benefits is established any time a COD determination finds that the reason the discharge or release was under any of the conditions listed in Some examples of discharges under include as a conscientious objector sentence of a General Court-Martial (GCM) resignation by an officer for the good of the service, an alien during a period of hostilities, absence without official leave (AWOL) for continuous period of at least 180 days, and as a deserter. b. Additional information on Discharge by the Sentence of a General Court-Martial Cases in which the facts indicate the service member was sentenced by a GCM are considered to be a statutory bar to benefits. Note: The evidence, including facts and circumstances, must show that the service member was sentenced by a general court-martial, not a summary court-martial or a special court-martial. Continued on next page 6. Statutory Bar to Benefits, Continued c. Additional Information on Discharge for Alienage If there was a discharge during a period of hostilities that was not changed to honorable prior to January 7, 1957, determine if the records show that the Veteran requested the discharge. If the record shows that the Veteran requested the discharge, it is a bar, does not show that the Veteran requested the discharge, make a specific request to the service department for this information. Note: The absence of affirmative evidence in the service department’s reply or in the claims folder showing that the Veteran requested the release is a sufficient basis for a favorable decision.
Possible Conditional Discharge years. Therefore development for a conditional discharge must be undertaken, if the service was over three years, especially if the discharge dates do not line up to an exact number of years or months, or if there is any question about how many periods of service the Veteran enlisted for, or the DD Form 214 shows that prior active service exists Example: Claimant served from February 5, 1969 to May 26, 1972. Though this service was only for 3 years and approximately 4 months, the actual periods of enlistment were as follows: First enlisted on February 5, 1969 for 3 years, Discharged November 14, 1970 for immediate reenlistment for 3 years, and Discharged on July 26, 1971 for immediate reenlistment for 3 years c. How to Develop for a Possible Conditional Discharge To develop for a possible conditional discharge request facts and circumstances as with all COD determinations, and request complete eligibility for separation information from the applicable service department using PIES or DPRIS, as appropriate. This request will provide information regarding whether the Veteran was eligible for complete separation prior to the date of dishonorable or OTH discharge, and the date(s) on which this claimant completed the period(s) of active service for which he or she was obligated at the time(s) of induction or reenlistment. Continued on next page 9. Conditional Discharges and Uncharacterized Discharges, Continued d. Identifying the need for a Conditional Discharge COD Determination Once development is complete and evidence is received, use the table below to identify the need for a conditional discharge COD determination. If….. Then… development discloses a prior and separate period of honorable service which would qualify the claimant for the benefit requested adjudicate the claim on that basis, if the claimed conditions fall under the good period of service, or