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Reference to article in Fall 2004 AMVETS Magazine relating to Veterans,
active duty, and Reserve service.. by Jim Doran, NSO


Many National Guard & Reserve members get screwed by the way the Reserve Hqs
and National Guard Bureau word & fund their active duty orders.. far too
many use the term ADT - Actice Duty for Training, in their orders whether
they be title 10 or title 32.. when in fact it is not training.. it is
doing..

It often is based on which fund account they have money in, not whether it
is "doing", or training. For instance for a long time National Guard
recruiting officers & NCO's on Title 10 recruiting duty, had "ADT" on either
their orders or their DD 214... they weren't training.. they were doing,
they were recruiting.. or Truck Co's on missions, running across the country
hauling stuff for Depots, active units or other reserve units... they are
doing.. not training...whether in IDT drill status, Annual Training, or
ADT... yet they will have a hard time getting any veteran benefits, VA
compensation, or Veteran status with this service... they get injured, TS.

And Military Federal Technicians?... fugetabouit.. they have no status.. no
rights... aren't even protected by Fed Civ service labor laws..

You spend 30 years in Reserves, get 3000 retirement points, or about the
equivalent of 10 years active duty.... you got fewer benefits than a first
year Pvt
********

The general definition of "veteran" for
title 38 purposes specifies persons who served in the "active military,
naval or air service" and whose discharges or releases were not
dishonorable. 38 U.S.C.
101(3). Such service is defined as including, besides "active duty,"
certain periods of "active duty for training" and "inactive duty training"
as a result of which service-connected disability or death occur. 38 U.S.C.
101(24).

Eligibility under chapter 34 is not open to all such "veterans," however.
Proscriptions are contained in 38 U.S.C. 1652, which specifies in
pertinent part:

For the purposes of this chapter--

(a)(1) The term "eligible veteran" means any veteran who--

(A) served on active duty for a period of more than 180 days, any part of
which occurred after January 31, 1955, and before January 1, 1977, and was
discharged or released therefrom under conditions other than dishonorable;
or

(B) contracted with the Armed Forces and was enlisted in or assigned to a
reserve component prior to January 1, 1977, and as a result of such
enlistment or assignment served on active duty for a period of more than 180
days, any part of which commenced within 12 months after January 1, 1977,
and was discharged or released from such active duty under conditions other
than
dishonorable; or

(C) was discharged or released from active duty, any part of which was
performed after January 31, 1955, and before January 1, 1977, or following
entrance into active service from an enlistment provided for under clause
(B) of this paragraph, because of a service-connected disability.

(2) The requirement of discharge or release, prescribed in paragraph (1)(A)
or (B), shall be waived in the case of any individual who served more than
one hundred and eighty days in an active-duty status for so long as such
individual continues on active duty without a break therein.

(3) For purposes of paragraph (1)(A) and section 1661(a), the term "active
duty" does not include any period during which an individual (A) was
assigned full time by the Armed Forces to a civilian institution for a
course of education which was
substantially the same as established courses offered to civilians, (B)
served as a cadet or midshipman at one of the service academies, or (C)
served under the provisions of section 511(d) of title 10 pursuant to an
enlistment in the Army National Guard or the Air National Guard or as a
Reserve for service in the Army Reserve, Naval Reserve, Air Force Reserve,
Marine Corps Reserve, or Coast Guard Reserve unless at some time subsequent
to the completion of such period of active duty for training such individual
served on active duty for a consecutive period of one year or more (not
including any service as a cadet or midshipman
at one of the service academies).

Because chapter 34 entitlement is so limited to active-duty veterans, two
more definitions in title 38 are yet significant:

a. 101(21): "The term 'active duty' means--(A) full-time duty in the
Armed Forces, other than active duty for
training...."

b. 101(22): "The term 'active duty for training' means--(A) full-time
duty in the Armed Forces performed by Reserves for training purposes; ...
and (C) in the case of members of the National Guard or Air National Guard
of any State, full-time duty under section 316, 502, 503, 504, or 505 of
title 32, or the prior corresponding provisions of law...."

In view of the clearly enunciated congressional intention to limit
entitlement to veterans of "active duty" as opposed to "active duty for
training" only, precision must be used in employing these terms. For
example, "active duty" is defined in
title 10 as including any full-time duty in the active military service,
including full-time training duty and annual training duty. 10 U.S.C.
101(22). This broad definition is exemplified by the fact that a DD Form
214, "Report of Separation from Active Duty," will be issued to anyone
serving on active duty for training for periods in excess of 90 days,
including members of the Air National Guard serving on full-time duty.
Para. 3-3, Air Force Manual 35-6. The manual further provides that the
space on the separation paper for the authority for issuance is to be
annotated "Release from active duty," even if it is in fact active duty for
training.

DATE: 07-17-90

CITATION: VAOPGCPREC 25-90
Vet. Aff. Op. Gen. Couns. Prec. 25-90
************
also see this for Anthrax shots, etc
http://www1.va.gov/ogc/docs/PREC_4-2002.doc

If evidence establishes that an individual suffers from a disabling
condition as a result of administration of an anthrax vaccination during
inactive duty training, the individual may be considered disabled by an
"injury" incurred during such training as the term is used in 38 U.S.C.
101 (24), which defines "active military, naval, or air service" to include
any period of inactive duty training during which the indi-vidual was
disabled or died from an injury incurred or aggravated in line of duty.
Consequently, such an individual may be found to have incurred disability in
ac-tive military, naval, or air service for purposes of disability
compensation under 38 U.S.C. 1110 or 1131.

Date: May 14, 2002 VAOPGCPREC 4-2002

From: General Counsel (022)

Subj: Meaning of "Injury" for Purposes of Active Service - 38 U.S.C.
101(24)
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To: Director, Compensation and Pension Service (21)