5 U.S.C. § 2108 | Veteran; disabled veteran; preference eligible

For the purpose of this title—

(1)

“veteran” means an individual who—

(A)

April 28, 1952July 1, 1955 served on active duty in the armed forces during a war, in a campaign or expedition for which a campaign badge has been authorized, or during the period beginning , and ending ;

(B)

section 101(21) of title 38January 31, 1955October 15, 1976section 12103(d) of title 10 served on active duty as defined by at any time in the armed forces for a period of more than 180 consecutive days any part of which occurred after , and before , not including service under pursuant to an enlistment in the Army National Guard or the Air National Guard or as a Reserve for service in the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve;

(C)

section 101(21) of title 38August 2, 1990January 2, 1992 served on active duty as defined by in the armed forces during the period beginning on , and ending on ; or

(D)

section 101(21) of title 38September 11, 2001 served on active duty as defined by at any time in the armed forces for a period of more than 180 consecutive days any part of which occurred during the period beginning on , and ending on the date prescribed by Presidential proclamation or by law as the last date of Operation Iraqi Freedom;

and, except as provided under section 2108a, who has been discharged or released from active duty in the armed forces under honorable conditions;

(2)

“disabled veteran” means an individual who has served on active duty in the armed forces, (except as provided under section 2108a) has been separated therefrom under honorable conditions, and has established the present existence of a service-connected disability or is receiving compensation, disability retirement benefits, or pension because of a public statute administered by the Department of Veterans Affairs or a military department;

(3)

“preference eligible” means, except as provided in paragraph (4) of this section or section 2108a(c)—

(A)

a veteran as defined by paragraph (1)(A) of this section;

(B)

a veteran as defined by paragraph (1)(B), (C), or (D) of this section;

(C)

a disabled veteran;

(D)

the unmarried widow or widower of a veteran as defined by paragraph (1)(A) of this section;

(E)

the wife or husband of a service-connected disabled veteran if the veteran has been unable to qualify for any appointment in the civil service or in the government of the District of Columbia;

(F)

the parent of an individual who lost his or her life under honorable conditions while serving in the armed forces during a period named by paragraph (1)(A) of this section, if—

(i)

the spouse of that parent is totally and permanently disabled; or

(ii)

that parent, when preference is claimed, is unmarried or, if married, legally separated from his or her spouse;

(G)

the parent of a service-connected permanently and totally disabled veteran, if—

(i)

the spouse of that parent is totally and permanently disabled; or

(ii)

that parent, when preference is claimed, is unmarried or, if married, legally separated from his or her spouse; and

(H)

section 1174(i) of title 10 a veteran who was discharged or released from a period of active duty by reason of a sole survivorship discharge (as that term is defined in );

but does not include applicants for, or members of, the Senior Executive Service, the Defense Intelligence Senior Executive Service, the Senior Cryptologic Executive Service, or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service;

(4)

except for the purposes of chapters 43 and 75 of this title, “preference eligible” does not include a retired member of the armed forces unless—

(A)

the individual is a disabled veteran; or

(B)

the individual retired below the rank of major or its equivalent; and

(5)

“retired member of the armed forces” means a member or former member of the armed forces who is entitled, under statute, to retired, retirement, or retainer pay on account of service as a member.

Pub. L. 89–554Sept. 6, 196680 Stat. 410 Pub. L. 90–83, § 1(6)Sept. 11, 196781 Stat. 196 Pub. L. 90–623, § 1(2)Oct. 22, 196882 Stat. 1312 Pub. L. 92–187, § 1Dec. 15, 197185 Stat. 644 Pub. L. 94–502, title VII, § 702Oct. 15, 197690 Stat. 2405 Pub. L. 95–454, title III, § 307(a)Oct. 13, 197892 Stat. 1147 Pub. L. 96–54, § 2(a)(8)Aug. 14, 197993 Stat. 381 Pub. L. 96–191, § 8(a)Feb. 15, 198094 Stat. 33 Pub. L. 97–89, title VIII, § 801Dec. 4, 198195 Stat. 1161 Pub. L. 100–325, § 2(a)May 30, 1988102 Stat. 581 Pub. L. 102–54, § 13(b)(1)June 13, 1991105 Stat. 274 Pub. L. 105–85, div. A, title XI, § 1102(a)Nov. 18, 1997111 Stat. 1922 Pub. L. 105–339, § 4(a)Oct. 31, 1998112 Stat. 3185 Pub. L. 109–163, div. A, title V, § 515(f)(1)Jan. 6, 2006119 Stat. 3236 Pub. L. 110–317, § 8Aug. 29, 2008122 Stat. 3529 Pub. L. 112–56, title II, § 235(a)(2)(A)Nov. 21, 2011125 Stat. 723 Pub. L. 114–62, § 2Oct. 7, 2015129 Stat. 547(, , ; , , ; , , ; , , ; , , ; , title IV, § 401(d), , , 1154; , (9)(A), , ; , , ; , , ; , , ; , , ; , (c), , ; , , ; , title XI, §§ 1111, 1112(a), , , 3451; , , ; , , ; , , .)

Historical and Revision Notes
1966 Act
Derivation	U.S. Code	Revised Statutes and Statutes at Large
	5 U.S.C. 851 (less 1st 76 words).	June 27, 1944, ch. 287, § 2 (less 1st 76 words), 58 Stat. 387.
		Jan. 19, 1948, ch. 1, § 1, 62 Stat. 3.
		July 2, 1948, ch. 816, 62 Stat. 1233.
		Aug. 26, 1949, ch. 513, 63 Stat. 666.
		Dec. 27, 1950, ch. 1151, § 1, 64 Stat. 1117.
		July 14, 1952, ch. 728, § 1, 66 Stat. 626.

section 2 of the Act of June 27, 1944 Act of July 26, 1947, ch. 343, § 205 61 Stat. 501 Act of July 26, 1947, ch. 343, § 207 61 Stat. 502In paragraph (2), the words “a military department” are substituted for “the War Department or Navy Department” (appearing in ) because of the definition of “military department” in section 102. The Department of War was designated the Department of the Army by the , . “Department of the Air Force” is included on authority of the (a), (f), .

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

1967 Act
Section of title 5	Source (U.S. Code)	Source (Statutes at Large)
2108	5 App.: 851.	Mar. 3, 1966, Pub. L. 89–358, § 11, 80 Stat. 28.

Editorial Notes

Amendments

Pub. L. 114–622015—Par. (3)(F), (G). added subpars. (F) and (G) and struck out former subpars. (F) and (G) which included in the definition of “preference eligible” certain mothers of individuals who lost their lives under honorable conditions in the armed forces and certain mothers of service-connected permanently and totally disabled veterans.

Pub. L. 112–56, § 235(a)(2)(A)(i)2011—Par. (1). , in concluding provisions, inserted “, except as provided under section 2108a,” before “who has been”.

Pub. L. 112–56, § 235(a)(2)(A)(ii)Par. (2). , inserted “(except as provided under section 2108a)” before “has been separated”.

Pub. L. 112–56, § 235(a)(2)(A)(iii)Par. (3). , in introductory provisions, inserted “or section 2108a(c)” after “paragraph (4) of this section”.

Pub. L. 110–3172008—Par. (3)(H). added subpar. (H).

Pub. L. 109–163, § 1112(a)2006—Par. (1). , in concluding provisions, substituted “discharged or released from active duty in” for “separated from”.

Pub. L. 109–163, § 515(f)(1)Par. (1)(B). , substituted “Navy Reserve” for “Naval Reserve”.

Pub. L. 109–163, § 1111(a)Par. (1)(D). , added subpar. (D).

Pub. L. 109–163, § 1111(b)Par. (3)(B). , substituted “paragraph (1)(B), (C), or (D)” for “paragraph (1)(B) or (C)”.

Pub. L. 105–3391998—Par. (3). , in concluding provisions, substituted “or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service;” for “the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, or the General Accounting Office;”.

Pub. L. 105–85, § 1102(c)October 15, 19761997—Par. (1)(B). , substituted “,” for “the date of enactment of the Veterans’ Education and Employment Assistance Act of 1976,” and “12103(d) of title 10” for “511(d) of title 10”.

Pub. L. 105–85, § 1102(a)(1)Par. (1)(C). , added subpar. (C).

Pub. L. 105–85, § 1102(a)(2)Par. (3)(B). , inserted “or (C)” after “paragraph (1)(B)”.

Pub. L. 102–541991—Par. (2). substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

Pub. L. 100–3251988—Par. (3). inserted reference to Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service in concluding provisions.

Pub. L. 97–891981—Par. (3). inserted reference to Defense Intelligence Senior Executive Service and Senior Cryptologic Executive Service in concluding provisions.

Pub. L. 96–1911980—Par. (3). inserted reference to General Accounting Office in concluding provisions.

Pub. L. 96–54, § 2(a)(8)1979—Par. (3). , inserted provision excepting applicants for, or members of, Senior Executive Service.

Pub. L. 96–54, § 2(a)(9)(A)Par. (5). , struck out provision excepting applicants for, or members of, Senior Executive Service.

Pub. L. 95–454, § 307(a)(1)1978—Par. (2). , struck out “and” at end.

Pub. L. 95–454, § 307(a)(2)Par. (3). , (3), inserted “, except as provided in paragraph (4) of this section” after “means”, and substituted a semicolon for the period at end.

Pub. L. 95–454, § 307(a)(4)Pars. (4), (5). , added pars. (4) and (5) relating to retired members of the armed forces.

Pub. L. 95–454, § 401(d)Par. (5). , inserted “; but does not include applicants for, or members of, the Senior Executive Service” before the period at end.

Pub. L. 94–502January 31, 1955January 31, 19551976—Par. (1)(B). substituted “any part of which occurred after , and before the date of enactment of the Veterans’ Education and Employment Assistance Act of 1976,” for “after ,”.

Pub. L. 92–1871971—Par. (3)(D). inserted “or widower” after “unmarried widow”.

Pub. L. 92–187Par. (3)(E). inserted “or husband” after “the wife”.

Pub. L. 90–6231968—Par. (3)(D). inserted “as defined by paragraph (1)(A) of this section” after “veteran”.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Pub. L. 114–62, § 3Oct. 7, 2015129 Stat. 548

Oct. 7, 2015“The amendment made by this Act [amending this section] shall take effect 90 days after the date of enactment of this Act [].”

, , , provided that:

Effective Date of 2008 Amendment

Pub. L. 110–317, § 10Aug. 29, 2008122 Stat. 3530

“(a)

Retroactive Effective Date .—

section 685 of Title 26 section 685 of Title 26 section 8521 of this title section 685 of Title 26 section 303a of Title 37 section 101 of Title 10 section 685 of Title 26September 11, 2001Except as provided in subsection (b) and section 9 [amending , Internal Revenue Code, and enacting provisions set out as a note under ], this Act [amending this section, , sections 1145, 1146, and 1174 of Title 10, Armed Forces, , , Pay and Allowances of the Uniformed Services, and sections 3011, 3012, 3702, and 4211 of Title 38, Veterans’ Benefits, and enacting provisions set out as notes under and ] and the amendments made by this Act shall apply with respect to any sole survivorship discharge granted after .

“(b)

Date of Enactment Effective Date for Certain Amendments .—

section 8521 of this title section 1145 of Title 10Aug. 29, 2008The amendments made by sections 4, 7, and 8 [amending this section and and ] shall apply with respect to any sole survivorship discharge granted after the date of the enactment of this Act [].

“(c)

Sole Survivorship Discharge Defined .—

In this section, the term ‘sole survivorship discharge’ means the separation of a member from the Armed Forces, at the request of the member, pursuant to the Department of Defense policy permitting the early separation of a member who is the only surviving child in a family in which—

“(1)

the father or mother or one or more siblings—

“(A)

served in the Armed Forces; and

“(B)

was killed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently 100 percent disabled or hospitalized on a continuing basis (and is not employed gainfully because of the disability or hospitalization); and

“(2)

the death, status, or disability did not result from the intentional misconduct or willful neglect of the parent or sibling and was not incurred during a period of unauthorized absence.”

, , , provided that:

Effective Date of 1981 Amendment

Pub. L. 97–89Oct. 1, 1981section 806 of Pub. L. 97–89 section 1621 of Title 10Amendment by effective , see , set out as an Effective Date note under , Armed Forces.

Effective Date of 1980 Amendment

Pub. L. 96–191Oct. 1, 1980section 10(a) of Pub. L. 96–191Amendment by effective , see .

Effective Date of 1979 Amendment

section 2(a)(8) of Pub. L. 96–54July 12, 1979section 2(b) of Pub. L. 96–54 section 305 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 96–54, § 2(a)(9)(B)Aug. 14, 197993 Stat. 381

October 1, 1980“The amendment made by subparagraph (A) [amending this section] shall take effect ”.

, , , provided that:

Effective Date of 1978 Amendment

Pub. L. 95–454, title III, § 307(a)Oct. 13, 197892 Stat. 1147Oct. 1, 1980, , , provided that the amendment made by that section is effective .

section 401(d) of Pub. L. 95–454Oct. 13, 1978Pub. L. 95–454 section 415 of Pub. L. 95–454 section 3131 of this titleAmendment by effective 9 months after , and congressional review of provisions of sections 401 through 412 of , see , set out as an Effective Date note under .

Effective Date of 1968 Amendment

Pub. L. 90–623Sept. 11, 1967section 6 of Pub. L. 90–623 section 5334 of this titleAmendment by effective , for all purposes, see , set out as a note under .

Savings Provision

Pub. L. 109–163, div. A, title XI, § 1112(b)Jan. 6, 2006119 Stat. 3451

Jan. 6, 2006section 2108(3) of title 5“Nothing in the amendment made by subsection (a) [amending this section] may be construed to affect a determination made before the date of enactment of this Act [] that an individual is a preference eligible (as defined in , United States Code).”

, , , provided that:

Transfer of Functions

November 25, 2002section 542 of Title 6For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .