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B-144407 1 (1977-08-02)

handle is hein.gao/gaobadtwn0001 and id is 1 raw text is: DIGEST 54- IIET ?IL54 [COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20345 407 AUG 21977 The honorable Ray Roberts Chairman, Committee on Veterans' Affairs gouse of Representatives Dear Mr. Chairmau: This is iu response to an informal request made by the. Chief Counsel of the Committee on Veterans' Affairs, house ( of Representatives, Mr. Mack G. Fleming, on July 29, 1977. Mr. Fleming requested our views as to the effect the upgrading of military discharges by a tion of military dis- charge review boards (10 U.S.C. 1553(1970)), would nave on the bar to vete ans' benefits provided by 38 U.S.C. 3103(s).71(970). Mr. Fleming indicated that the Veterans Administration (VA) has interpreted such upgraded discharges as overcoming that statutory bar to benefits even though there has been uo correction of the veterans' military records to remove the underlying reason for the discharge. As you know, cte laws applicable to veterans' b enefits, under title 38, United States Code, are administered by the VA and are not within our jurisdiction. Decisions of the Administrator of the VA on any question of law or fact on such matters are final and conclusive, and we nave no authority to review his decisions. ee 38 U.S.C. 211(a)e (1970). Accordingly, the views we are expressing here eave no binding effect on the VA. Section 3103(a) $of title 38, United States Code (1970), provides as follows: (a) The discharge or dismissal by reason of the sentence of a general court-martial of any person from the Armed Forces, or the dis- charge of any such person on the ground that he was a conscientious objector who refused to perform military duty or refused to wear the uniform or otherwise to comply with lawful orders of competent military authority, or as a deserter, or of an officer by the acceptance of his resignation for the good of the service, or (ex- cept as provided in subsection (c)) the discharge 1 cc -I

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