Citation Nr: 18153671 Decision Date: 11/28/18 Archive Date: 11/28/18 DOCKET NO. 16-05 748A DATE: November 28, 2018 ORDER Entitlement to nonservice-connected pension benefits is denied. FINDING OF FACT The Veteran did not have service in the Republic of Vietnam and did not service in the active military, naval, or air service during a period of war. CONCLUSION OF LAW The criteria for entitlement to nonservice-connected pension 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 Veteran served on active duty from May 1958 to February 1962. Whether the Veteran has the requisite wartime service for entitlement to nonservice-connected pension. Nonservice-connected pension benefits are generally available for qualifying veterans who served during a period of war. See 38 U.S.C. § 1521(a); 38 C.F.R. § 3.3. A veteran meets the service requirements if he served in the active military, naval, or air service, (1) for ninety days or more during a period of war; (2) during a period of war and was discharged or released from such service for a service-connected disability; (3) for a period of ninety consecutive days or more and such period began or ended during a period of war; or (4) for an aggregate of ninety 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(a)(2). “Active military, naval, and air service” includes active duty, and “any period of active duty for training” during which the individual concerned was disabled or died from a disease or injury incurred or aggravated in line of duty, and any period of inactive duty training (IADT) during which the individual concerned was disabled or died from an injury incurred or aggravated in line of duty.” 38 U.S.C. § 101(24); 38 C.F.R. § 3.6(a); see Biggins v. Derwinski, 1 Vet. App. 474, 477-478 (1991). Thus, when a claim is based on a period of active duty for training (ADT), there must be evidence that the individual concerned died or became disabled during the period of ADT as a result of a disease or injury incurred or aggravated in the line of duty. In the absence of such evidence, the period of ADT would not qualify as “active military, naval, or air service,” and the appellant would not achieve “veteran” status for purposes of that claim. See 38 U.S.C. § 101(22), (24); Mercado-Martinez v. West, 11 Vet. App. 415, 419 (1998). 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(4); 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; or beginning on August 5, 1964 and ending on May 7, 1975, inclusive, in all other cases. 38 C.F.R. § 3.2(f). The Veteran served on active duty from May 3, 1958 to February 8, 1962, as shown on his DD Form 214. His DD Form 214 and personnel records do not identify active service in the Republic of Vietnam. Thus, his period of service falls between the Korean conflict and the Vietnam era, beginning on August 5, 1964, and is not considered a “period of war.” The Veteran contends that while stationed at Barber’s Point in Oahu, Hawaii, he was sent to Vietnam to pick up bodies of deceased service-members. He contends that this occurred on one or two occasions in late 1961. In the case of a veteran who actually served in the Republic of Vietnam, the Vietnam era is the period beginning on February 28, 1961 and ending on May 7, 1975. While the Veteran contends that he was sent to Vietnam in 1961 to pick up bodies of the deceased, his DD 214 does not reflect any Vietnam service and such an assignment is not consistent with the types of duties associated with his specialty as a clerk at the Naval Air Station at Barber’s Point. Personnel records show that he was stationed at the Naval Air Station, Barber’s Point from September 1959 until he was transferred to Naval Reserve in February 1962. No transfers or special assignments in Vietnam were identified. The Board finds that had the Veteran been mobilized for Vietnam service, this would have been recorded in personnel records. The Veteran has not otherwise submitted evidence to corroborate his claim of Vietnam service. Personnel records do not verify active duty service in the Republic of Vietnam during the Vietnam Era for purposes of establishing entitlement to VA pension benefits. The Veteran was not in receipt of the Vietnam Service Medal or other awards or decorations indicative of Vietnam service and was not stationed aboard a ship. Instead, official records show that he was stationed at a naval air base in Hawaii and he has not submitted any corroborating evidence to support his assertion that he was flown to Vietnam during a week on an unidentified date in the later part of 1961. Accordingly, the Board finds that the weight of the evidence does not support a finding of Vietnam service. The Veteran did not have service in the Republic of Vietnam and did not service in the active military, naval, or air service during a period of war. He does not contend that he became disabled during a period of ADT or IADT and personnel records do not identify any active duty service after his February 1961 separation. Therefore, the Board must find that basic eligibility for nonservice-connected pension benefits has not been established. This finding is in no way intended to diminish the value or significance of the Veteran’s service, but is rather required to fulfill the Board’s duty to ensure compliance with the applicable statutes and regulations. K. PARAKKAL Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Christine C. Kung