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M21-1, Part III, Subpart ii, Chapter 6, Section A – Establishing Veteran Status

Overview


In This Section

This section contains the following topics:
Topic
Topic Name
1
2
3
4

 

1.  Determining Veteran Status


Introduction

This topic contains information on determining eligible Veteran status, including

Change Date

October 23, 2018

III.ii.6.A.1.a.  Definition:  Veteran

Veteran is a person who
  • served in the active military, naval or air service, and
  • was discharged or released under conditions other than dishonorable.
References:  For more information on

III.ii.6.A.1.b.  Definition: Active Service

Active service includes
  • active duty
  • any period of active duty for training (ADT) during which a person is disabled or dies from a disease or injury incurred or aggravated in the line of duty, or
  • any period of inactive duty for training (IADT) during which a person is disabled or dies from an injury incurred or aggravated in the line of duty or from any of the following conditions that occurred during training:
    • acute myocardial infarction
    • cardiac arrest, or
    • a cerebrovascular accident.
Notes:
  • According to VAOPGCPREC 8-2001, sexual assault constitutes an injury for the purposes of this block.
  • Time spent proceeding directly to and from active duty for training must be considered as part of the active or inactive duty for training as specified in38 CFR 3.6(e).
Reference:  For more information on the regulatory and statutory definitions of active duty, active duty for training, inactive duty training, and active service, see

III.ii.6.A.1.c.  Definition:  Qualifying Service

Qualifying service is any type of service that qualifies or potentially qualifies a claimant for Department of Veterans Affairs (VA) benefits.  Types of qualifying service are listed in 38 CFR 3.6 and 38 CFR 3.7 and include (but are not limited to)
  • active service
  • ADT when a claim for service connection (SC) is based on a disability or death resulting from a disease or injury incurred or aggravated in the line of duty, and
  • IADT when a claim for SC is based on disability or death resulting from an injury incurred or aggravated in the line of duty or myocardial infarction, cardiac arrest, or a cerebrovascular accident which occurred during such training.

III.ii.6.A.1.d.  Primary Eligibility Criteria for Benefits

The primary factor in determining basic eligibility to VA benefits is Veteran status.
Eligibility for
  • live benefits is based on the claimant’s Veteran status, and
  • survivors benefits is based on the claimant’s status as the spouse, parent or child of a deceased Veteran.

Reference:  For more information on the criteria for establishing Veteran status, see


III.ii.6.A.1.e.       Secondary Eligibility Criteria for Benefits

If initial review of the evidence available establishes potential Veteran status, consider the secondary eligibility criteria listed below.
  • Are the service dates and character of discharge verified, including
    • periods of active duty, and/or
    • periods of ADT or IADT upon which a claim is based?
  • If the evidence does not show a discharge under conditions other than dishonorable, has VA made a determination of character of discharge?
  • Have the benefit-specific eligibility criteria been met?
Note:  As noted in M21-1, Part III, Subpart i, 2.B.4.d, Benefits Delivery at Discharge claims are rated while the service member is still on active duty.  Therefore, the current period of service will not be verified until after discharge.  These claims must not be deferred for service verification.
References:  For more information on

III.ii.6.A.1.f. Deciding Claims Based onQualifying Service

Use the table below to determine the appropriate format for issuing a decision based on qualifying service.
If … Then …
  • deciding a claim for compensation or DIC, and
  • the claimant has not performed any type of qualifying service, including
    • active service
    • ADT, or
    • IADT, or
  • the claimed service cannot be verified
complete an administrative decision, as directed by M21-1, Part III, Subpart v, 1.A for lack of qualifying service and administratively deny the claim.
deciding a claim for compensation or DIC based upon a period of verified qualifying service, including a period of ADT or IADT
decide the claim by completing a rating decision.
Note:  Even when SC cannot be established for a claim based on verified ADT or IADT service, completion of an administrative decision pertaining to qualifying service is not appropriate.  The grant or denial of the claimed issue is based on whether the claimed condition or death is a result of incurrence or aggravation, as applicable, during the qualifying period of ADT or IADT service, which is a decision under the jurisdiction of the rating activity.
denying a Veterans and/or Survivors Pension claim for lack of qualifying service in the following situations:
  • qualifying service cannot be verified
  • the Veteran served pre-Gulf War and has less than 90 days of active duty
  • the Veteran served during the Gulf War period and has less than 24 consecutive months of active duty AND did not fulfill the full period to which he/she was called, or
  • the Veteran has ADT or IADT only
issue a decision notification letter telling the claimant that they do not meet the service requirements for Veterans and/or Survivors Pension.
Note:  There is no requirement to complete an administrative decision in these cases.
References:  For more information on

III.ii.6.A.1.g.      Service Department Findings Binding on VA With Respect to Service

Determinations as to certified dates of service made by the service department, including revisions of service dates, are binding on VA.
References:  For information on
  • character of discharge and minimum active duty service requirements, see
  • revision of service dates via military correction board, see Spencer v. West13 Vet.App. 376 (2000).

III.ii.6.A.1.h.  Characterizing the Service of Academy Attendees
Use the table below when determining the characterization of service for individuals who attended the
  • United States Air Force Academy Preparatory School
  • United States Military Academy Preparatory School, or
  • United States Naval Academy Preparatory School.
If a(n) … Enters service … Then that service is characterized as …
member of the
  • National Guard, or
  • Reserves
for the sole purpose of attending the academy
ADT.
Exception:  If the service member continues on to active duty after the academy, consider the academy time as active duty.
civilian
for the sole purpose of attending the academy
ADT.
Exception:  If the service member continues on to active duty after the academy, consider the academy time as active duty.
active duty service member
without receiving a release from active duty
active duty.
References:  For more information on

2.  ADT or IADT Service in the Reserves or National Guard


Introduction

This topic contains information on claims based on ADT or IADT service in the Reserves and National Guard, including

Change Date

October 23, 2018

III.ii.6.A.2.a.  Initial Duty of a Reservist or National Guard Member

Generally, reserve and National Guard members without prior active service undergo a period of ADT.  The training consists of basic training and specialized job-based skill training.  This training may be taken in a single period or as two separate periods.  When it is taken as two separate periods, this is referred to as split option training and is normally undertaken by members enrolled in school.
Individuals with prior active service generally are not required to undergo these periods of initial training when joining the National Guard or Reserve, although there are situations when individuals transfer from one branch (Army, Navy, Air Force, Marines, or Coast Guard) of active duty to another branch of National Guard or reserve service that initial training is required.
References:  For information on

III.ii.6.A.2.b.  ADT and IADT Service in the Reserves and National Guard

Service as a traditional reservist or National Guard member is not active service and is not adequate service upon which to establish Veteran status as defined in38 CFR 3.1(d).  This service includes performing one period of weekend drill monthly and two weeks of annual training yearly.  This service is referred to as
  • IADT, which includes traditional drill weekends, and
  • ADT, which includes the
    • initial period of basic training and specialized job skill training, and
    • two week annual training period.
Exception:  For the purpose of establishing entitlement to VA benefits, Veteran status may be established based upon ADT or IADT under certain circumstances as discussed in M21-1, Part III, Subpart ii, 6.A.1.b and c.
Reference:  For more information on the criteria for establishing active service based on ADT or IADT, see

III.ii.6.A.2.c.  Other Types of Reserve or National Guard Service

In addition to traditional ADT and IADT service, a reservist or National Guard member may perform other types of duty.  Refer to the table below for additional information about other types of reserve or National Guard Service.
Type of Service
How/When Service is Performed
Circumstances of Service
Federal active duty
called to full time active duty under 10 U.S.C.(also referred to as Title 10 service)
  • This type of service
    • normally occurs as a result of a deployment
    • establishes Veteran status, and
    • will result in issuance of a DD Form 214, Certificate of Release or Discharge from Active Duty.
  • Review DD Form 214 and other service personnel records for indication of service under 10 U.S.C.

Reference:  For more information on activation of a Coast Guard Reservist under Title 14, see M21-1, Part III, Subpart ii, 6.A.3.c.

Active Guard Reserve (AGR)
full time duty for operational support of the Reserve or National Guard
  • AGR service in the Reserves is performed under 10 U.S.C.
  • AGR service in the National Guard is performed under 32 U.S.C.
  • DD Form 214 will be issued for AGR service.
Reference:  For more information on AGR service in the
Active duty support (ADS), previously known as active duty special work (ADSW)
ordered to full-time but temporary duty for operational or support purposes for the Reserve or National Guard
  • The period of service can vary but is generally less than 180 days.
  • DD Form 214 is not usually issued for ADS periods less than 180 days.
References:  For additional information regarding ADS for
dual status technician
employment as a federal employee under 5 U.S.C. working for the Reserve or National Guard with employment contingent on continued membership in the Reserve or National Guard
  • Technicians wear the uniform of the Reserve or National Guard to perform weekly work duties.
  • Technician status will not be reflected in military records and is not a type of qualifying service.
  • Disease or injuries incurred during non-ADT or non-IADT Title 5 employment periods are not subject to VA benefits.
  • Technicians are also traditional members of the Reserve or National Guard performing monthly IADT drill weekends and fifteen day ADT,annual training, and other service periods as directed.
additional ADT training
periods of training in addition to the two week period of annual ADT training
  • May or may not be issued a DD Form 214 for this ADT.
  • Often undertaken for additional types of military job skill or leadership training.
Important:  Reservists and National Guard members may not receive concurrent pay for ADT or IADT and VA disability compensation or pension.
Reference:  For more information on the prohibition against concurrent receipt of pay for ADT or IADT and VA disability compensation or pension, see M21-1, Part III, Subpart v, 4.C.1.b.

III.ii.6.A.2.d.      ADS or ADSW Service

ADS for periods of less than 180 days is a type of ADT.  Individuals on ADS orders must waive compensation for a period equal to the period for which they received pay.
If the period of ADS equals or exceeds 180 days, it is considered active duty.
ADS periods of less than 180 days are generally recorded on an official order document in the service personnel records.  A DD Form 214 is not routinely issued for ADS periods of 180 days or less.
Exception:  All periods of ADS for the Reserves for operational support are considered active service regardless of length of service.
Reference:  For more information on handling ADS reported on VA Form 21-8951, Notice of Waiver of VA Compensation or Pension to Receive Military Pay and Allowances, see M21-1, Part III, Subpart v, 4.C.1.

III.ii.6.A.2.e.  Service Department Records for Verifying Periods of ADT and IADT

NGB Form 22, Report of Separation and Record of Service, documents spans of service in the Army and Air National Guard.  However, this document does not verify individual periods of ADT or IADT during the span of the member’s service.  There is no formal document issued at the time of a reservist’s separation or retirement.
Verification of specific periods of ADT or IADT (other than the initial period of ADT for which a DD Form 214 is issued) is most easily accomplished via requesting the service personnel records and reviewing the detailed report of the member’s Retirement Points Annual Statement.  Although the detailed report version of the Retirement Points Annual Statement is the most complete reflection of all periods of verified service for an individual, including periods of active duty, ADT, and IADT, consider all other evidence of record from the service records when attempting verification of individual periods of ADT and IADT.
Other service records may be utilized to verify periods of ADT and IADT as long as the information provided
  • reflects the type of service
  • documents the dates of the period of service, and
  • does not otherwise conflicting with the remaining evidence of record.
The following is a list, which is not all-inclusive, of examples of records that may be used to verify ADT and IADT service:
  • a line of duty investigation documented on DD Form 261, Report of Investigation Line of Duty and Misconduct Status, as long as the form
    • is complete, and
    • bears the signature of the final approval authority
  • service treatment records documenting that a member was injured during a period of ADT or IADT
  • an official order directing the member to a period of annual training, or
  • a pay stub documenting the period of service.
Note:  ADT and IADT service is not characterized by the service department.  Handle the characterization of service according to procedures at M21-1, Part III, Subpart v, 1.B.5.l.

III.ii.6.A.2.f.  Deciding Line of Duty Status for Claims Based on ADT or IADT

Formal line-of-duty investigations are documented on DD Form 261.  However, not all injuries, diseases, or deaths incurred or aggravated in the line of duty will be documented on DD Form 261, and a formal line-of-duty investigation is not a requirement to establish that a disease, injury, or death was incurred or aggravated in the line of duty during a period of ADT or IADT.
Consider all evidence of record in determining whether the injury, disease, or death was incurred or aggravated in the line of duty.
Note:  “In the line of duty” does not always mean while the reservist or National Guard member was at work.  Individuals with AGR service, including in the National Guard, are on continuous duty 24 hours a day, seven days a week just as are their active duty counterparts.  They receive the same pay and are eligible for retirement with 20 years of service.  If no intentional negligence or willful misconduct is noted, an injury or disease that occurs during AGR service is presumed to be in the line of duty.
References:  For more information on
  • duty status related to injuries sustained by reservists or National Guard members while traveling to or from periods of ADT or IADT, see 38 CFR 3.6(e), and
  • determining line-of-duty status, see Holton v. Shinseki, 557 F.3d 1362 (Fed.Cir. 2009).

III.ii.6.A.2.g.  Definition of Injury for ADT and IADT Purposes

VA Office of General Counsel has issued precedent opinions to assist in defining the definition of “injury” for the purposes of considering claims for SC based on ADT and IADT service.
  • VAOPGCPREC 8-2001 held that for the purposes of considering a claim for SC for posttraumatic stress disorder, a sexual assault that occurred during IADT is considered an injury.
  • VAOPGCPREC 4-2002 held that an individual who suffers from a disabling condition as a result of administration of an anthrax vaccination during inactive duty training may be considered disabled by an “injury” incurred during such training.
Reference:  For more information on conceding injury for claims for SC for hearing loss and tinnitus based on noise exposure during ADT or IADT service, see M21-1, Part III, Subpart iv, 4.D.1.c.

III.ii.6.A.2.h.  Presumption of Soundness for ADT and IADT

 

The presumption of soundness does not automatically apply to all periods of ADT and IADT.
Reference:  For more information on applying the presumption of soundness to periods of ADT, see

III.ii.6.A.2.i.  Considering Presumptive SC Based on ADT and IADT

Presumptive SC has three applicability criteria, including
  • Veteran status
  • service in the active military, naval, or air service, and
  • service of
    • 90 continuous days or more before December 31, 1946, with at least one day occurring during a wartime period, or
    • any period of 90 days after December 31, 1946
As ADT and IADT is not considered active service and Veteran status is not achieved on the basis of ADT or IADT, presumptive provisions under 38 CFR 3.307cannot apply to periods of ADT or IADT.
Exceptions:
  • Per 38 CFR 3.307(a), any period of service is sufficient for the purpose of establishing presumptive SC under the conditions listed in
    • 38 CFR 3.309(c) for diseases specific to former prisoners of war
    • 38 CFR 3.309(e) for diseases associated with exposure to certain herbicide agents, and
    • 38 CFR 3.309(f) for diseases specific to exposure to contaminants in the water supply at Camp Lejeune, as long as the period of service also satisfies the requirements as defined in38 CFR 3.307(a)(7)(iii).
  • If SC for a disability or death due to a disease or injury is established based on a period of ADT or SC for a disability or death is established based on an injury or myocardial infarction, cardiac arrest, or cerebrovascular accident based on a period of IADT, then the ADT or IADT is considered active service per 38 CFR 3.6(a) and may be utilized in determining whether the applicability criteria have been met for the presumptive claim.
Example:  A Veteran establishes SC for bladder cancer as a result of exposure to contaminated water at Camp Lejeune during a period of ADT that extended for more than 90 days under 38 CFR 3.307(a)(7) and 38 CFR 3.309(f).  The Veteran develops amyotrophic lateral sclerosis (ALS) and claims SC for the disease.  By virtue of the grant of SC for a disability associated with the period of ADT, the ADT is considered active service and the Veteran is now eligible for presumptive SC for ALS under 38 CFR 3.318.
References:  For more information on

III.ii.6.A.2.j.  Considering Aggravation in Claims for SC Based on ADT and IADT

The presumption of aggravation is triggered when a Veteran establishes that a preexisting condition, which was noted upon entry into service, worsens during service.  When this presumption arises, the burden shifts to VA to show a lack of aggravation by establishing that the in-service increase in disability is due to the natural progress of the disease.
Since ADT or IADT service does not satisfy the requirements for Veteran status and associated active service, the presumption of aggravation does not apply.  For a period of ADT or IADT, the evidence must additionally show that the worsening was caused by the period of ADT or IADT.  However, the presumption of aggravation will apply to periods of ADT and IADT when SC is first established for a disease or injury incurred during the period of service, as specified in 38 CFR 3.6(a).
References:  For more information on

III.ii.6.A.2.k.  Adjudicating Claims Based on ADT and IADT

Follow the steps in the table below to verify service and adjudicate claims for SC for claims based on active duty, ADT, or IADT service for reservists and National Guard members.
Step Action

1

Develop for and review service personnel records, including the DD Form 214 to determine the type and status of the service.
  • If the service personnel records do not adequately identify whether the service was active service, ADT, or IADT, go to Step 2.
  • If the service personnel records do adequately identify that the service was either active service, ADT, or IADT, go to Step 4.
Reference:  For more information on the criteria to establish active service based on ADT and IADT service, see
2
Conduct all follow-up procedures for requesting verification of service as directed at M21-1, Part III, Subpart ii, 6.B.3.
Go to Step 3.

3

Refer to table below for actions to take based on service department response to requests for information concerning type and status of service.
If the evidence … Then …
is sufficient to verify the type and status of service go to Step 4.

References:  For more information on factors to consider in identifying the type and status of

is not sufficient to verify the type and status of service but all development is otherwise complete
  • complete a formal finding of unavailability of information needed to verify qualifying service
  • complete an administrative decision, and
  • administratively deny the claim due to lack of qualifying service.

No further action is needed following administrative denial of the claim.

Reference:  For more information oncompleting administrative decisions, seeM21-1, Part III, Subpart v, 1.A.

4

After the claimed service has been verified, complete development of the claim as usual, including requesting examinations or medical opinions as warranted.

When development of the claim is complete, go to Step 5.

5

At all times when the type and nature of the service has been verified, rating action is required following complete development of the claim.

Refer to the table below for action to take based upon the type and nature of the service that has been verified.

If … Then …
the evidence shows that the claimant’s service was active service
the rating action will consider SC for injuries or conditions incurred in or aggravated during the entire period of service without regard to line of duty status.
Following provision of decision notice, no further action is needed on the claim.
Exception:  When there is a specific need to make a line of duty determination for the injury or disease, as discussed in M21-1, Part III, Subpart v, 1.D.6, then the rating action will consider this in connection with adjudication of the claim.
the evidence shows the claimant’s service was ADT or IADT
then the service does not qualify as active service.
Pending claims must be developed and referred to the rating activity to determine SC for claimed disability or death based upon whether the disability or death is associated with the performance of duties during the period of ADT or IADT.
Go to Step 6.

6

Refer to the table below for additional considerations required as a part of rating activity for claims based on ADT and IADT service.
If … Then …
a disability or death results from disease or injury incurred or aggravated in the line of duty during a period of ADT and SC is otherwise appropriately established
the period of ADT qualifies as active service.
Go to Step 7.
a disability or death results from injury incurred in or aggravated or acute myocardial infarction, cardiac arrest, or a cerebrovascular accident that occurred during a period of IADT and SC is otherwise appropriately established
the period of IADT qualifies as active service.
Go to Step 7.
  • active service has been established based upon ADT or IADT as outlined in provisions within this table, and
  • a subsequent claim for SC for disability or death is received based on injury or disease incurred in or aggravated during this period of active service
  • any subsequent injury or disease incurred in or aggravated during that period of service, without regard to line of duty status, is subject to SC, and
  • presumptive SC under38 CFR 3.309 may apply depending on whether the minimum length of service and other requirements have been met, as discussed in 38 CFR 3.307.
Following provision of decision notice, no further action is needed on the claim.
Exception:  When there is a specific need to make a line of duty determination for the injury or disease, as discussed inM21-1, Part III, Subpart v, 1.D.6, then the rating action will consider this in connection with adjudication of the claim.
SC cannot be established based on a disability or death resulting from injury or disease claimed to have occurred in the line of duty during a period of ADT and IADT
deny the claim in a rating decision.
The rating decision and associated decision notice must notify the claimant
  • that the evidence does not show that the claimed disability or death is a result of injury or disease incurred or aggravated in the line of duty during the period of ADT, or
  • that the evidence does not show that the claimed disability or death is the result of injury incurred or aggravated in the line of duty or that a myocardial infarction, cardiovascular arrest, or cerebrovascular accident occurred during a period of IADT service, and
  • provide notice of the criteria necessary to establish SC for disability or death based on ADT or IADT service.
Note:  The claim is appropriately addressed via rating decision and associated decision notice.
Following provision of decision notice to the claimant, it is not necessary to complete an administrative decision regarding the ADT or IADT service.
Reference:  For more information on when administrative decisions are necessary based on lack of qualifying service, see M21-1, Part III, Subpart ii, 6.A.1.f.

7

When SC for disability or death has been established based on a period of ADT or IADT, the rating activity will identify this period as active service by preparing VA Form 21-6789, Deferred Rating Decision, identifying
  • the dates of service, and
  • an explanation of the reason for establishing this period as active service.
Example:  Service in the Army National Guard from January 16-17, 2016, is now considered active service based on the grant of SC for right knee ACL injury that was incurred in the line of duty during this period of service.
Note:  If the period of ADT or IADT upon which the grant of SC is based is a single day of ADT or IADT (the claimant was only called to a one-day period of ADT or IADT), utilize the day following as the end date of service but clearly annotate VA Form 21-6789 (created as directed in Step 7 above) to reflect that the service was actually only one single day of service.
Go to Step 8.

8

The authorization activity will

  • update the Beneficiary Identification and Records Locator Subsystem and Participant Profile to reflect that the period of service identified by the rating activity is active service, and
  • complete adjudication of the claim as usual.
References:  For more information on

3.  Duty Status and Eligibility of Reservists


Introduction

This topic contains information on duty status and eligibility for benefits for current or former members of the Reserves, including


Change Date

December 20, 2016

III.ii.6.A.3.a.  Eligibility of Reservists for Compensation and Pension

Traditional service in the Reserves consists of a period of ADT for initial military training and job skill training.  A DD Form 214 will be issued documenting this period of initial ADT.  Thereafter, a reservist will perform IADT, traditionally occurring one weekend monthly, as well as 15 days of ADT annually.
A reservist may meet the criteria for establishing Veteran status for compensation and pension purposes if he/she meets any of the criteria for active service.
References:  For more information on

III.ii.6.A.3.b.Reserve Service Programs That Constitute Active Duty

Since 1964, members of the Reserve component have served in full time operational support positions characterized by the service departments as active duty for training under 32 U.S.C. 502(f).  Such programs include the
  • ADS, and
  • AGR.
ADS and AGR service in the Reserves meets the definition of active duty if the facts of record establish that the service was
  • full-time, and
  • for operational or support purposes, as opposed to training.
Reference:  For more information on the difference between full-time service in the National Guard versus the Reserves, see M21-1, Part III, Subpart ii, 6.A.4.b.

III.ii.6.A.3.c.  Qualifying Coast Guard Reserve Service Under 14 U.S.C. 

Activation of a Coast Guard Reservist under 14 U.S.C. qualifies as active service for VA purposes.
Reference:  For more information on activation of a Coast Guard Reservist, see

4.  Duty Status and Eligibility of National Guard Members 


Introduction

This topic contains information on the duty status and eligibility of current or former members of the National Guard, including

Change Date

July 18, 2017

III.ii.6.A.4.a.  Eligibility of National Guard Personnel for Compensation and Pension

Traditional service in the National Guard consists of a period of ADT for initial military training and job skill training.  A DD Form 214 will be issued documenting this period of initial ADT.  Thereafter, a National Guard member will perform IADT periods, traditionally occurring one weekend monthly, as well as 15 days of ADT annually.
A National Guard member may meet the criteria for establishing Veteran status for compensation and pension purposes if he/she meets any of the criteria for active service.
References:  For more information on

III.ii.6.A.4.b.  Full-time Reserve Service Versus Full-time National Guard Service

The Army National Guard and the Air National Guard operate full-time operational and support programs similar to the Reserves.  However, 38 U.S.C. 101(22)provides separate definitions of “active duty for training” for Guard personnel and reservists.
While the definition for reservists permits the interpretation that full-time duty for purposes other than training is active military, naval or air service, the definition for Guard personnel does not permit this interpretation.
Therefore, full-time operational/support service performed by Guard personnel in ADT status does not qualify as “active duty” for purposes of establishing eligibility for VA benefits unless the member or former member meets the criteria for active service found in M21-1, Part III, Subpart ii, 6.A.1.b.
Exception:  For special provisions as to basic eligibility for Loan Guaranty benefits, see M21-1, Part IX, Subpart i, 5.A.1.c.
References:  For more information on

III.ii.6.A.4.c.      Full-time National Guard Service Under 32 U.S.C.

Since 1964, there has been authority, under 32 U.S.C. 502(f), to assign to full-time operational duty National Guard members who provide full-time support to the Guard components, even though they are not activated.  Full-time National Guard service is considered ADT under 38 U.S.C. 101(22)(C) if performed under 32 U.S.C. 316, or 32 U.S.C. 502, 503, 504, or 505.  This is true regardless of whether the member is

  • performing operational duty, including
    • AGR, and
    • ADS, or
  • undergoing training.
National Guard service does not meet the definition of active military, naval, or air service under 38 U.S.C. 101(22) unless the member or former member is disabled or dies due to injury or disease incurred or aggravated during service and, therefore, subject to an exception outlined in 38 U.S.C. 101(24) or 38 U.S.C. 106(b)(3).
Note:  For purposes of handling termination and reinstatement of benefits due to a return to service, treat AGR service as active service and follow the provisions ofM21-1, Part III, Subpart v, 4.C.

III.ii.6.A.4.d.  Qualifying National Guard Service Under 10 U.S.C.

If a National Guard unit, or an individual member, is activated under the authority of10 U.S.C., the members who report for active duty, which is characterized as Federal active duty, have qualifying service for 38 U.S.C. purposes until deactivated.
If an individual’s orders specify activation to temporary duty under 10 U.S.C., further development regarding the purpose of the activation is not needed unlessthere is evidence in the claims folder showing that the purpose of the activation was to train the individual.
The order to active duty must state that service is under 10 U.S.C..  This fact is frequently reflected on the DD Form 214.
Note:  In some cases, a member may be ordered to ADT under the authority of 10 U.S.C. 12301(d).  This does constitute ADT for 38 U.S.C. purposes, and when DD Form 214 indicates the activation was for training, do not consider the ADT period as active service.

III.ii.6.A.4.e.  Verification of Full-time National Guard Service

When a National Guard member completes a period of active service under 10 U.S.C. or a period of AGR service or other full-time service under 32 U.S.C., a DD Form 214 will be issued. The type of National Guard service should be identified on the DD Form 214.  If the information is not indicated on the DD Form 214, develop with the appropriate component listed in M21-1, Part III, Subpart iii, 2.J.
Note:  If the DD Form 214, or the response to development with the service department, indicates that service was under both 10 U.S.C. and 32 U.S.C., consider the service to be under 10 U.S.C..
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