by the sentence of a General Court-Martial (GCM), for alienage, and for unauthorized absence (UA) or absence without official leave (AWOL). August 21, 2014 Change Date A statutory bar to benefits is established any time a COD determination finds a. Bars Established by that the reason the discharge or release was under any of the conditions listed 38 CFR 3.12(c) 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. Cases in which the facts indicate the service member was sentenced by a b. Additional information on GCM are considered to be a statutory bar to benefits. Discharge by the Sentence of The evidence, including facts and circumstances, show that the Note: must a General service member was sentenced by a court-martial, not a summary general Court-Martial court-martial or a special court-martial. Continued on next page 6. Statutory Bar to Benefits, Continued If there was a discharge during a period of hostilities that was not changed to c. Additional Information on honorable prior to January 7, 1957, determine if the records show that the Discharge for Veteran requested the discharge. If the record Alienage that the Veteran requested the discharge, it is a bar, shows does show that the Veteran requested the discharge, make a specific not request to the service department for this information. The absence of affirmative evidence in the service Note: department’s reply or in the claims folder showing that the Veteran requested the release is a sufficient basis for a favorable decision.
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.
pt3_sp5_ch1_secB.docx