discharge “Under Honorable Conditions,” commonly called general). A decision by a service department acting through a Board for Correction of d. Decision Made Through Records is final and binding on VA. This applies a Board for Correction of even if VA previously made a formal determination concerning a statutory Records or a bar under , and/or DRB a service department, acting through a Discharge Review Board (DRB), changed the COD to enactment of on October 8, 1977. prior A change in COD from a service department through a DRB is Exception: final and binding on VA when there is a bar because the discharge was not due to the sentence of a GCM per and . e. Recognizing VA does recognize an honorable or general discharge issued by a DRB not an Honorable intended to set aside a bar under , enactment of , October 8, 1977 on or after or General (). If such an upgraded discharge is received, examine the claim for the Discharge existence of a statutory bar. Issued by a DRB Intended Only favorable action by a Board for Correction of Military Exception: to Set Aside a Records will overcome a bar under . Bar This provision also applies to those discharges issued prior to October Note: 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 An upgraded discharge issued pursuant to does remove the statutory bar not Substituted to benefits under for individuals discharged or dismissed by reason of the Discharge sentence of a general court-martial, because Under 10 U.S.C. 874(b) an upgraded discharge issued under changes the COD, but the reasons not for discharge, and an upgraded discharge issued pursuant to does remove the statutory bar not to benefits under section as to individuals discharged or dismissed by reason of the sentence of a general court-martial. The action of the Secretary of a service department under , Example: substituting an administrative discharge for a discharge or dismissal executed in accordance with the sentence of a general court-martial, does remove not the statutory bar to benefits under .
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 .