requesting records related to facts and circumstances of discharge required records for a COD determination insufficient records for a COD determination, and COD determination template. Change Date March 10, 2016 a. COD Requirement for Benefit Eligibility A Veteran’s character of discharge (COD) must be under other than dishonorable conditions to establish eligibility for Department of Veterans Affairs (VA) benefits based on that individual’s military service. A dishonorable discharge or a statutory bar pertaining to a period of service deprives a claimant of all VA benefits for any claim based on that period of service. Exception: A dishonorable discharge or statutory bar is not binding on VA if it is determined that the individual was insane when committing the acts which resulted in the discharge. Note: A COD under other than honorable (OTH) conditions is not the same as dishonorable and does not deprive the claimant of all benefits. References: For more information on conditions of discharge and eligibility for VA benefits, see , and insanity, see M21-1, Part III, Subpart v, 1.E, and statutory bar, see M21-1, Part III, Subpart v, 1.B.4.b, and the definition of the term Veteran, see , or . b. When COD is Binding on VA An individual is entitled to full rights and benefits of programs administered by VA, unless there is a bar to benefits under . Normally, the military’s characterization of service is binding on VA if the discharge is honorable under honorable conditions (UHC), or general. Note: Any character of service listed above is binding on VA, irrespective of the separation reason, unless the separation reason is one listed as a bar to benefits under , or the claimant has been convicted of a “subversive activity”
In all cases full and complete development of information pertaining to the discharge, including but not limited to STRs and the complete military personnel file, is needed. References: For more information on insanity, see M21-1, Part III, Subpart v, 1.E, and cases in which discharge was for alienage, see M21-1, Part III, Subpart v, 1.B.2.c cases of UA or absence without official leave (AWOL), see M21-1, Part III, Subpart v, 1.B.2.d, and developing for records bearing on the facts and circumstances of discharge, see M21-1, Part III, Subpart v, 1.B.1.h. j. Insufficient Records for a COD Determination Occasionally the service department will provide only limited records. Make a determination using all the evidence in VA’s possession and resolve any reasonable doubt in favor of the claimant. k. COD Determination Template Below is a template for COD determinations. It contains all possible paragraphs and language that may be included in the determination depending on the facts of the particular case. [DEPARTMENT OF VETERANS AFFAIRS] [Designation of VA Office] [File Number] [Location of VA Office] [Veteran’s Name] ADMINISTRATIVE DECISION ISSUE: [State the issue.] For example, “Statutory Bar Determination,” if the reason for discharge is under 38 CFR 3.12(c), or “Character of Discharge Determination,” if the reason for the discharge is under 38 CFR 3.12(d). EVIDENCE: [Use bullets to list all documents and information reviewed in making the decision. Give specific data about each to distinguish it from other evidence.] For example: VA Form 21-526EZ received September 6, 2015. Response to due process letter received November 9, 2015. STRs received from the National Personnel Records Center (NPRC) on November 25, 2015. Complete active duty personnel records received from NPRC on November 25, 2015. DECISION: [Clearly and briefly state the decision. Only the decision need
Service for a Conditional Discharge Dates of faithful and meritorious service are calculated by adding the full length of the first enlistment contract to the claimant’s entry into service date, thus calculating the date the individual would have completed his first period of obligation and would have been discharged, then adding the full length of the next enlistment contract to the date determined above, thus calculating the next date that the individual would have completed his period of obligation and would have been discharged, then continuing to add the full length of each enlistment contract to the date determined above, until no more enlistment contract periods remain. f. Example: Scenario for Determining Dates of Service for a Conditional Discharge Scenario: A claimant has one DD Form 214 showing dates of service as December 29, 1980, to December 23, 1991, nearly 11 years of service. Because enlistment contracts generally range from three to six years, conditional discharge may be at issue and we must request information regarding his eligibility for complete separation. The evidence, such as enlistment contracts, shows that the claimant actually had three periods of service. He entered active duty on December 29, 1980, for four years, reenlisted for six years on April 4, 1984, and reenlisted for another six years on October 31, 1988. He began a period of 243 days AWOL on February 14, 1991. 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 four 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 six years on 04/04/1984 Based on reenlistment contract, the obligated period of service is considered complete on 12/27/1990 Note: The six-year enlistment is added to the completion date determined above (12/28/1984). Obligated period of Reenlisted for six Based on reenlistment contract,