Citation Nr: 18132245
Decision Date: 09/06/18	Archive Date: 09/06/18

DOCKET NO. 16-12 419
DATE:	September 6, 2018
Whether the character of the appellant’s discharge is a bar VA benefits is remanded.
The appellant had active service from April 2009 to April 2013. 
This matter is on appeal from a March 2014 administrative decision, which found the character of the appellant’s service to be considered dishonorable for VA purposes.  By a May 2014 administrative decision, the RO confirmed its prior decision and found no evidence of record showing insanity.  
The appellant testified before the undersigned Veterans Law Judge in a hearing at the RO in September 2016.  A transcript of the hearing has been associated with the claims file.  
Whether the character of the Veteran's discharge is a bar VA benefits is remanded.
The appellant’s September 2016 Board hearing testimony indicates that there may be outstanding and relevant federal records.  Specifically, he testified that he had applied with the Army Discharge Review Board to attempt to have the character of his discharge upgraded.  Board Hr’g Tr. 8-9.  At that time, he was still waiting for a decision, but expected one within 10 to 15 months.  A remand is required to allow VA to request these records as the timeframe indicated has elapsed and is likely the Discharge Review Board has issued a decision.    
Similarly, the appellant’s claims file does not appear to contain his complete service personnel records or the records pertaining to the court-martial proceedings.  As they will contain relevant information, a remand is required to obtain them.
The Board finds that any further development at this time would be premature.  
The matter is REMANDED for the following action:
1. Obtain the Veteran’s federal records from the Army Discharge Review Board, to include a copy of the decision made and all supporting evidence, if available.  Document all requests for information as well as all responses in the claims file.
2. Obtain the Veteran’s complete service personnel records and the records pertaining to all court proceedings during service.
Veterans Law Judge
Board of Veterans’ Appeals

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