2021-19413: Update and Clarify Regulatory Bars to Benefits Based on Character of Discharge

Summary

The Department of Veterans Affairs (VA) is requesting information to assist in the modification of the regulatory framework for discharges considered "dishonorable" for VA benefit eligibility purposes. On July 10, 2020, VA published a proposed rule for public notice and comment. The proposed rule would modify VA regulations governing VA character of discharge determinations based on "willful and persistent misconduct," "moral turpitude," and "homosexual acts involving aggravating circumstances or other factors affecting the performance of duty." In addition, the proposed rule would create a "compelling circumstances" exception to certain regulatory bars to benefits in order to ensure fair character of discharge determinations in light of all pertinent factors. Following publication, VA received numerous public comments. Due to the various and differing comments received, VA is seeking additional information to help inform VA's development of updated character of discharge regulations. Additionally, VA is announcing a virtual listening session to further seek verbal feedback from a variety of entities as VA implements this regulation. Regardless of attendance at the virtual listening session, interested parties are invited to submit comments, including data and research.

The agency’s own summary, as published.

What this changes

Amends 1 part of the Code of Federal Regulations — the standing rules this notice rewrites.

• 38 CFR 3 Adjudication