Citation Nr: 20043897 Decision Date: 06/30/20 Archive Date: 06/30/20 DOCKET NO. 17-02 601 DATE: June 30, 2020 ORDER Entitlement to nonservice-connected pension is denied. FINDING OF FACT The appellant did not have 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 appellant served in the Marine Corps Reserve and had active duty for training from November 1972 to May 1973. Entitlement to nonservice-connected pension The Board finds that general due process concerns have been satisfied in connection with the termination of VA pension benefits. See 38 C.F.R. §§ 3.103 (b)(3)(i), 3.105(h). Prior to reducing or terminating benefits, VA must create a proposal for the reduction or termination that sets forth all material facts and reasons, notify the beneficiary at his or her latest address of record of the contemplated action, and furnish detailed reasons thereof. The beneficiary must be given 60 days for the presentation of additional evidence to show that benefits should be continued at the present level. See 38 C.F.R. §§ 3.103, 3.105. The record shows that in April 2010, the appellant was initially awarded entitlement to nonservice-connected pension from March 12, 2010. In July 2016, the Regional Office (RO) proposed to stop pension benefits because the record showed that the Veteran’s service in the Marine Corps Reserve from November 1971 to May 1973 was for training purposes only. The appellant was informed that he could submit evidence within 60 days showing that the proposed action should not be taken. In September 2016, the RO found that the appellant’s service in the Marine Corps Reserve did not constitute sufficient qualifying service for pension purposes and in October 2016, the RO took action to terminate pension benefits effective October 1, 2016. Therefore, the Board finds that the termination of benefits was procedurally proper. To establish eligibility for nonservice-connected pension benefits, the evidence must show, among other things, that the appellant has the requisite active wartime service. 38 U.S.C. § 1521 (a); 38 C.F.R. § 3.3, 3.314(b). 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. See 38 U.S.C. §§ 1521. The term "active military, naval, or air service" includes (a) active duty; (b) any period of active duty for training during which the individual concerned was disabled from a disease or injury incurred or aggravated in the line of duty; and (c) any period of inactive duty training during which the individual concerned was disabled from an injury incurred or aggravated in the line of duty or from certain cardiovascular events. 38 U.S.C. § 101 (24); 38 C.F.R. § 3.6 (a). Military personnel records and a DD Form 214 show that the Veteran served on a period of active duty for training with the United States Marine Corp Reserve from November 1972 to May 1973 and he was released from the initial tour of active duty for training in May 1973. The appellant does not contend that he had a period of active duty outside of his period of active duty for training. He contends in his substantive appeal that his time in boot camp should be counted for pension purposes. (Continued on the next page)   Active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA) does not generally qualify as active duty for VA benefit purposes, unless certain special conditions are met (generally involving injury or disability incurred during such duty). See 38 U.S.C. § 101 (22), (24); 38 C.F.R. § 3.6. The appellant has no service-connected disabilities and he was not discharged for a service-connected disability. Thus, the appellant’s Reserve service was not active military, naval, or air service, and cannot be considered qualifying service for the purpose of determining eligibility for pension. The Board is sympathetic to the contentions of the appellant; however, the Board is bound by the law, and this decision is dictated by the relevant statutes and regulations. The Board is without authority to grant the benefits sought on appeal. See 38 U.S.C. §§ 503, 7104; Harvey v. Brown, 6 Vet. App. 416, 425 (1994). K. Parakkal Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Christine C. Kung The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.