Citation Nr: 21066559 Decision Date: 11/01/21 Archive Date: 11/01/21 DOCKET NO. 17-41 865 DATE: November 1, 2021 ORDER Basic eligibility for VA benefits is denied. FINDING OF FACT The appellant has no confirmed periods of military service, to include any periods of active duty (AD), active duty for training (ADT), or inactive duty training (IDT). CONCLUSION OF LAW The appellant's status as a "veteran" for purposes of entitlement to VA benefits has not been established. 38 C.F.R. §§ 3.1, 3.12a. REASONS AND BASES FOR FINDING AND CONCLUSION The appellant has reported serving on active duty in the United States Army from June 2000 to November 2012. He has also reported serving in a Reserve Officers' Training Corps (ROTC) program. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a December 2016 decision issued by a Department of Veterans Affairs (VA) Regional Office. In March 2021, the appellant testified at a virtual Board hearing before the undersigned Veterans Law Judge. A transcript of that hearing has been associated with the record. Whether the appellant is a "veteran" for purposes of basic eligibility for VA benefits. The appellant seeks to establish basic eligibility for VA benefits. As noted, he has reported serving on active duty in the United States Army from June 2000 to November 2012 and has also reported serving in a ROTC program. In support of his claim, the appellant has submitted a life insurance form from the Armed Services Mutual Benefit Association, a private nongovernmental financial institution, and an enrollment verification form from Pennsylvania State University. He has not provided any service documents, such as a Certificate of Discharge (DD Form 214), in support of his claim. Eligibility for VA benefits is governed by specific statutory and regulatory criteria which define an individual's legal status as a veteran of active military, naval, or air service. 38 U.S.C. §§ 101(2), (21), (22), (23), (24); 38 C.F.R. §§ 3.1, 3.6. A "veteran" is a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable. 38 U.S.C. § 101(2). The term "active military, naval, or air service" includes active duty, a 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 during which the individual concerned was disabled or died from an injury incurred in or aggravated in line of duty. 38 U.S.C. § 101(24); 38 C.F.R. § 3.6(a). The term "ADT" includes duty performed by a member of a Senior Reserve Officers' Training Corps program when ordered to such duty for the purpose of training or a practice cruise under chapter 103 of Title 10, United States Code, for a period of not less than four weeks and which must be completed by the member before the member is commissioned. 38 U.S.C. § 101(22)(D); 38 C.F.R. § 3.6 (c)(4). Time spent by members of the ROTC in drills as part of their activities as members of the corps is not active service. 38 C.F.R. § 3.700(a)(1)(ii). The term "IDT" means training, other than ADT, by a member of, or applicant for membership in the Senior Reserve Officers' Training Corps prescribed under chapter 103 of title 10 U.S. Code. 38 U.S.C. § 101(23)(C); 38 C.F.R. § 3.6(d)(3). IDT does not include attendance at an educational institution in an inactive status. 38 C.F.R. § 3.6(d)(4)(ii). For the purpose of establishing entitlement to pension, compensation, dependency and indemnity compensation or burial benefits, VA may accept evidence of service submitted by a claimant, such as a DD Form 214, Certificate of Release or Discharge from Active Duty, or original Certificate of Discharge, without verification from the appropriate service department if the evidence meets the following conditions: (1) the evidence is a document issued by the service department, (2) the document contains needed information as to length, time and character of service; and (3) in the opinion of the VA the document is genuine and the information contained in it is accurate. 38 C.F.R. § 3.203(a). When the claimant does not submit evidence of service or the evidence submitted does not meet the requirements discussed above, VA shall request verification of service from the service department. 38 C.F.R. § 3.203(c). VA is prohibited from finding, on any basis other than a U.S. service department document which the VA believes to be authentic and accurate, or service department verification, that a particular individual served in the U.S. Armed Forces. See Duro v. Derwinski, 2 Vet. App. 530, 532 (1992). Here, the Board must find that the appellant does not meet the definition of a "veteran." As outlined in an Administrative Decision of record, multiple requests to the service department for evidence of any service performed by the appellant have all been unsuccessful. Because the service department has been unable to verify that the appellant has had any qualifying service, and because he has submitted no other valid evidence of service under 38 C.F.R. § 3.203(a), the Board must conclude that he is not eligible for VA benefits. In reaching this decision, the Board has carefully considered the evidence submitted by the appellant, including his testimony and supporting documents. As sincere as they may be, his statements are not the equivalent of an official service department record of qualifying military service. Additionally, regarding the enrollment verification form from Pennsylvania State University, there is no evidence of ROTC enrollment and the form shows that he was a full-time student during periods in which he claims to have been on active duty, to include serving abroad. As noted above, only the service department has the authority to determine an individual's duty status for a particular period of time. In this case, there is no evidence from the service department, to include pay records, a DD Form 214, or other evidence, that would support a finding of qualifying service. On review of the evidence, the Board must find that the appellant's claim is without legal merit, and the benefit-of-the-doubt doctrine in not applicable. See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. The appeal is denied. DAVID A. BRENNINGMEYER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Michael J. O'Connor, 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.