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2005 Interior Dec. (IBLA) 232 (2005)

handle is hein.amindian/ibla2005 and id is 1 raw text is: HERBERT DENNIS IVEY IBLA 2002-167 Decided January 6, 2005 Appeal from a decision of the Alaska State Office, Bureau of Land Management, rejecting an Alaska Native Veteran allotment application. FF-93392. Affirmed in part. 1. Alaska: Alaska Native Veteran Allotment: Generally BLM properly rejects an Alaska Native Veteran Allotment application, pursuant to the Alaska Native Veterans Allotment Act, 43 U.S.C. § 1629g (2000), when at the time of the filing of the application, the lands had previously been conveyed outside the ownership of the United States. APPEARANCES: Herbert Dennis Ivey, McGrath, Alaska, pro se; Joseph D. Darnell, Esq., Office of the Regional Solicitor, Anchorage, Alaska, for the Bureau of Land Management. OPINION BY ADMINISTRATIVE JUDGE HEMMER Herbert Dennis Ivey appeals from a January 8, 2002, decision issued by the Alaska State Office, Bureau of Land Management (BLM), rejecting his Alaska Native Veteran allotment application. The decision rejected the application on two grounds: (1) portions of the land Ivey had applied for had been conveyed to the State of Alaska prior to the date Ivey submitted an application; and (2) Ivey was not on active duty in a branch of the United States military for the minimum 6 months during the period between January 1, 1969, and December 31, 1971, as required in order to qualify for an allotment under the Alaska Native Veterans Allotment Act (ANVAA), 43 U.S.C. § 1629g (2000). Ivey's service records indicated that he served in the United States Navy from August 27, 1965, until April 30, 1969, when he was placed on the temporary disability retired list. Ivey submitted a timely Notice of Appeal and Statement of Reasons (NA/SOR). He asserts he was still in military service until May 3, 1971, at which 164 IBLA 232

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