BVA9502083 
DOCKET NO.  93-06 688     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in St. Petersburg,
Florida

THE ISSUES

1.  Whether the veteran's discharge under other than honorable
conditions in February 1989 constitutes a bar to Department of
Veterans Affairs (VA) benefits exclusive of health care under
Chapter 17, Title 38, United States Code for the period of active
duty from September 1987 to February 1989.

2.  Timeliness of an appeal from a determination that injuries
sustained in a January 1985 motorcycle accident had not been
incurred in line of duty.

REPRESENTATION

Appellant represented by: Veterans of Foreign Wars of the
United States

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

Milo H. Hawley, Counsel

REMAND

The veteran had active service from October 1981 to September
1985 and from September 1987 to February 1989.

By administrative decision in December 1986, the Department of
Veterans Affairs (VA) Regional Office in St. Petersburg, Florida,
(RO), held that injuries sustained by the veteran as a result of
a motorcycle accident on January 1, 1985, including injuries to
the veteran's left shoulder and right little finger, were the
result of his own willful misconduct and did not occur in line of
duty.  The veteran was notified that, for this reason, service
connection for disabilities associated with the January 1, 1985,
accident could not be granted.  The veteran filed a notice of
disagreement with that decision and a statement of the case was
issued.  However, the record does not show that a substantive
appeal was submitted.

This matter comes before the Board of Veterans' Appeals (Board)
on appeal from February and April 1992 determinations by the RO.

The record reflects that the veteran claims service connection
for residuals of injuries to the left shoulder and right little
finger.  The issue of whether or not he timely perfected an
appeal from the December 1986 administrative decision has been
certified on appeal.  However, the issue of whether the veteran
has presented new and material evidence to reopen a claim with
respect to whether or not residuals of injuries sustained in a
January 1, 1985, motorcycle accident were incurred in the line of
duty has not been certified on appeal.  This issue is referred to
the RO for its consideration.

During the veteran's personal hearing held in August 1993, he
testified that he had submitted appropriate applications to have
his discharge, with respect to his second period of service,
upgraded.  The record does not reflect what the outcome of any
such application has been.  Findings by a discharge review board
may be relevant in this appeal.  Therefore, the appeal is
REMANDED to the RO for the following:

1.  The RO should contact the veteran as to
the reported application for the upgrade of
his discharge and/or correction of military
records.  Appropriate releases should be
obtained from the veteran so that
information may be obtained from such
service department board(s).

2.  The RO should contact the board(s)
identified by the veteran and request
copies of all records relating to his
application for correction of military
records or an upgrade in his discharge,
including copies of all decisions rendered
by the board(s).

Following completion of the above, the RO should review the
record and readjudicate the veteran's claims.  Thereafter, if
appropriate, the veteran and his representative should be
furnished with a supplemental statement of the case and be given
the appropriate opportunity to respond thereto.  Thereafter, the
claims file, including any evidence obtained, should be returned
to this Board for further appellate review, if in order.  No
action is required by the veteran until he receives further
notice.

The purpose of this REMAND is to procure clarifying data.  The
Board intimates no opinion, either legal or factual, as to the
ultimate disposition of this appeal.

          JAMES R. ANTHONY
          Member, Board of Veterans' Appeals

The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___
(1994), permits a proceeding instituted before the Board to be
assigned to an individual member of the Board for a
determination.  This proceeding has been assigned to an
individual member of the Board.

Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals.  This remand is in the nature of a
preliminary order and does not constitute a decision of the Board
on the merits of your appeal.  38 C.F.R. § 20.1100(b) (1993).