Citation Nr: 21061811 Decision Date: 10/05/21 Archive Date: 10/05/21 DOCKET NO. 18-39 005 DATE: October 5, 2021 ORDER Establishment of veteran status is denied. FINDING OF FACT The appellant only had a period of active duty training (ACDUTRA) from August 2007 to September 2007 in the Puerto Rico National Guard and has not established service connection for any condition. CONCLUSION OF LAW Establishment of veteran status for basic eligibility for Department of Veterans Affairs (VA) compensation benefits have not meet met. 38 U.S.C. §§ 101, 1110, 5303A (2012); 38 C.F.R. §§ 3.6, 3.12(a), 3.303 (2020). REFERRED The claim for entitlement to service connection for an acquired psychiatric disorder based on ACDUTA has not been adjudicated by Agency of Original Jurisdiction (AOJ) in the first instance; therefore, this issue is referred to the AOJ for adjudication. REASONS AND BASES FOR FINDING AND CONCLUSION The appellant served in the Puerto Rico National Guard from June 2007 to September 2007. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2016 administrative decision finding that the appellant had not completed the minimum length of service required to establish her status as a veteran. Service connection may be granted for disability resulting from an injury, event, or disease occurring during active military service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. §§ 3.303(a), 3.304. The term "active military, naval, or air service" includes active duty, any period of ACDUTRA during which the veteran was disabled or died from an injury or disease incurred or aggravated in the line of duty, and any period of inactive duty for training (INACDUTRA) during which the veteran was disabled or died from an injury incurred or aggravated in the line of duty. 38 U.S.C. § 101(24). With respect to service in the National Guard, basic eligibility for veterans' benefits requires the appellant to have been ordered into federal service by the President of the United States, see 10 U.S.C. § 12401, or to have performed "full time duty" under the provisions of 32 U.S.C. §§ 316, 502, 503, 504, 505. When a claim is based on a period of Reserve or National Guard service, it must be shown that the individual concerned became disabled (or died) as a result of a disease or injury incurred or aggravated in the line of duty (on Reserve ACDUTRA/INACDUTRA or during Federalized National Guard service). Otherwise, the period would not qualify as "active military, naval, or air service" and the claimant would not achieve "veteran status" for purposes of that claim. 38 U.S.C. § 101(2)-(24). The appellant enlisted into service with the Puerto Rico National Guard in June 2007. Service personnel records indicate that the Secretary of the Air Force ordered the appellant to a period of ACDUTRA service for basic military training beginning on August 28, 2007. Personnel records also indicate that the appellant was honorably discharged from the National Guard on September 15, 2007 due to failure to complete basic military training. The Board finds that the appellant has not achieved veteran status under 38 U.S.C. § 101, as she did not have active duty service and does not currently have a service-connected disability attributable to her ACDUTRA service. As such, establishment of veteran status for basic eligibility for VA compensation benefits has not been established. The Board notes that the appellant may establish veteran status by showing that he has a disability due to disease or injury incurred or aggravated during her period of ACDUTRA. See 38 U.S.C. § 101(1), (24). As such, as noted above, the Board has referred the appellant's claim for service connection for an acquired psychiatric disorder based on ACDUTRA service to the AOJ for adjudication on the merits in the first instance. Jennifer White Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Bonnie Yoon, Counsel 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.