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The Department of Veterans Affairs (VA) is amending its regulations regarding character of discharge determinations. The amendments will modify the regulatory framework for discharges considered "dishonorable" for VA benefit eligibility purposes, such as discharges due to "willful and persistent misconduct," an "offense involving moral turpitude," and "homosexual acts involving aggravating circumstances or other factors affecting the performance of duty." The amendments will also extend 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. VA’s amendments will take into consideration the public comments received on the published proposed rule (85 FR 41471), comments that VA receives from a published Request for Information (86 FR 50513) and comments received during two scheduled listening sessions, which are described in aforementioned Request for Information.

Statement of Need:

TBD. In accordance with Executive Order 14094, VA published a Request for Information (RFI) on September 9, 2021, 86 FR 50513 (2021) after the NPRM published. Specifically, the RFI asked questions about compelling circumstances, willful and persistent misconduct, moral turpitude, benefit eligibility and removing the regulatory bars. In addition to and subsequent of the RFI, VA held a two-day listening session in October 2021 to receive oral comments on the RFI questions.

Summary of the Legal Basis:

TBD.

Alternatives:

TBD.

Anticipated Costs and Benefits:

TBD.

Risks:

TBD.