Citation Nr: 21003770 Decision Date: 01/22/21 Archive Date: 01/22/21 DOCKET NO. 16-48 535 DATE: January 22, 2021 ORDER Entitlement to nonservice-connected pension is denied. FINDING OF FACT The Veteran 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 Veteran served on active duty with the United States Navy from June 1960 to October 1963. Entitlement to nonservice-connected pension 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 "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 defined as 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's military personnel records and DD Form 214 show that he had active service from June 15, 1960 to October 23, 1963. Personnel records show that he served onboard the U.S.S. Truckee in support of Cuban Quarantine operations. The DD Form 214, personnel records, and an August 2016 request for information do not show that the Veteran had any dates of service in Vietnam, nor does the Veteran contend such. Instead, in his notice of disagreement and September 2016 substantive appeal, he contends that he served during the Cuban Missile Crisis and that his ship, the U.S.S. Truckee, was there in Cuba from the beginning to the end. He contends that his service in the Cuban Missile Crisis occurred during the early part of the Vietnam War era and, thus, he is a wartime veteran. The Board finds that the Veteran did not have service in the Republic of Vietnam. Thus, his period of active service from June 15, 1960 to October 23, 1963, occurred between the Korean Conflict, which for VA purposes ended on January 31, 1955, and the Vietnam era, which began on August 5, 1964. His military personnel records show that he did not serve in the Republic of Vietnam. Because he did not serve in the Republic of Vietnam, the applicable regulation provides that the Vietnam era began on August 5, 1964. See 38 C.F.R. § 3.2. The Board acknowledges the Veteran’s assertion that the he served during the Cuban Missile Crisis; however, the Board is bound by the definition of a "period of war" under VA regulation. See 38 C.F.R. § 19.5. The Board also acknowledges the contention that he served on active duty in 1962 during the beginning of the Vietnam era. However, in the case of a veteran who did not actually serve in the Republic of Vietnam, the regulation states that the Vietnam era began on August 5, 1964. Thus, the law is dispositive, and the claim must be denied as a matter of law because the appellant did not have the requisite wartime service. See Sabonis v. Brown, 6 Vet. App. 426, 430 (1994). The Board is sympathetic to the contentions of the Veteran; 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 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.