Citation Nr: 18150979 Decision Date: 11/20/18 Archive Date: 11/16/18 DOCKET NO. 14-38 960 DATE: November 20, 2018 ORDER Entitlement to nonservice-connected pension benefits is denied. FINDING OF FACT The appellant did not serve 90 days or more during a period of war, was not discharged from service due to a service-connected disability after serving during a period of war, did not serve for a period of 90 consecutive days that began or ended during a period of war, and did not serve for an aggregate of 90 days or more in two or more separate periods of service during more than one period of war. CONCLUSION OF LAW The criteria for entitlement to nonservice-connected pension benefits have not been met. 38 U.S.C. §§ 1501, 1521; 38 C.F.R. §§ 3.2, 3.3, 3.314. REASONS AND BASES FOR FINDING AND CONCLUSION The appellant served on active duty from September 24, 1973 to December 18, 1973, with two additional days of travel time. 1. Entitlement to nonservice-connected pension benefits The appellant asserts that he is entitled to a nonservice-connected pension benefits. To establish eligibility for pension benefits, the evidence must show, among other things, that the appellant has the requisite active wartime service. 38 U.S.C. § 1521; 38 C.F.R. §§ 3.3, 3.314. A veteran meets the necessary service requirements if he served in the active military, naval, or air service (i) for 90 days or more during a period of war; (ii) was discharged or released from such wartime service, before having served 90 days, for a disability adjudged service-connected without the benefit of presumptive provisions of law, or at time of discharge, had such a service-connected disability, shown by official service records, which in medical judgment would have justified a discharge for disability; (iii) for a period of 90 consecutive days or more and such period began or ended during a period of war; or (iv) for an aggregate of 90 days or more in two or more separate periods of service during more than one period of war. 38 U.S.C. § 1521; 38 C.F.R. § 3.3. The term “period of war” for pension purposes means the Mexican Border Period, World War I, World War II, the Korean conflict, the Vietnam era, the Persian Gulf War, and the period beginning on the date of any future declaration of war by the Congress and ending on the date prescribed by Presidential proclamation or concurrent resolution of the Congress. 38 U.S.C. § 1501; 38 C.F.R. § 3.2. The Vietnam era is the period beginning on February 28, 1961 and ending on May 7, 1975, inclusive, in the case of a veteran who actually served in the Republic of Vietnam during that period. 38 C.F.R. § 3.2. The period beginning August 5, 1964 and ending on May 7, 1975, inclusive, is the established period of war in all other cases. Id. Based upon the evidence of record, the Board concludes that although the appellant served during the Vietnam era, he lacks the requisite service for pension benefits. First, the evidence shows that the appellant did not serve for 90 days or more during a period of war, for a period of 90 days that began or ended during a period of war, or for an aggregate of 90 days or more in two or more separate periods of service during more than one period of war. Specifically, his personnel records, including his DD-214 show that he served on active duty during the Vietnam era from September 24, 1973 to December 18, 1973, with two additional days of travel time. Thus, his personnel records show that he had only 85 days of with 2 additional days of travel time, which is not sufficient wartime service to establish eligibility for pension benefits. Next, given that the appellant had less than 90 days of active service, he can only establish eligibility for pension benefits if the evidence shows that he was discharged or released from service due to a service-connected disability. Here, the evidence does not show that he was discharged or released from service due to a service-connected disability. Specifically, his DD-214 indicates that he was discharged under honorable conditions. Moreover, he does not have any service-connected disabilities and a prior claim seeking service connection for a nervous condition was denied by a May 1981 rating decision. Thus, the evidence does not eligibility for pension benefits due to a service-connected disability.   By virtue of the foregoing, the appellant’s pension claim must be denied as a matter of law because he did not have the requisite wartime service. See Sabonis v. Brown, 6 Vet. App. 426, 430 (1994). B.T. KNOPE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Crosnicker, Associate Counsel