Title 5, Government Organization and EmployeesRelease 119-110

§2108a Treatment of Certain Individuals as Veterans, Disabled Veterans, and Preference Eligibles

Title 5 › PART III — EMPLOYEES › Subpart A — General Provisions › CHAPTER 21 — DEFINITIONS › § 2108a

Last updated Sep 23, 2026|Official source

Summary

Lets certain active-duty service members count as veterans (or disabled veterans or preference eligibles) when being hired for competitive federal jobs if they meet the other veteran rules except the requirement to already be out of the military. They must give the hiring official a written statement saying they expect to be discharged, released, or separated under honorable conditions no later than 120 days after they sign it. This only applies unless an exception in paragraph (3) applies. Veteran — meets the usual veteran rules except for the discharge timing. Disabled veteran — same but meets the disabled-veteran rules. Preference eligible — same rules for getting hiring preference.

Full Legal Text

Title 5, §2108a

Government Organization and Employees, Source: USLM XML via OLRC

(a)Veteran.—

(1)In general.—

Except as provided under paragraph (3), an individual shall be treated as a veteran defined under section 2108(1) for purposes of making an appointment in the competitive service, if the individual—

(A)meets the definition of a veteran under section 2108(1), except for the requirement that the individual has been discharged or released from active duty in the armed forces under honorable conditions; and

(B)submits a certification described under paragraph (2) to the Federal officer making the appointment.

(2)Certification.—

A certification referred to under paragraph (1) is a certification that the individual is expected to be discharged or released from active duty in the armed forces under honorable conditions not later than 120 days after the date of the submission of the certification.

(b)Disabled Veteran.—

(1)In general.—

Except as provided under paragraph (3),1 an individual shall be treated as a disabled veteran defined under section 2108(2) for purposes of making an appointment in the competitive service, if the individual—

(A)meets the definition of a disabled veteran under section 2108(2), except for the requirement that the individual has been separated from active duty in the armed forces under honorable conditions; and

(B)submits a certification described under paragraph (2) to the Federal officer making the appointment.

(2)Certification.—

A certification referred to under paragraph (1) is a certification that the individual is expected to be separated from active duty in the armed forces under honorable conditions not later than 120 days after the date of the submission of the certification.

(c)Preference Eligible.—

Subsections (a) and (b) shall apply with respect to determining whether an individual is a preference eligible under section 2108(3) for purposes of making an appointment in the competitive service.

Reference

Citations & Metadata

Citation

5 U.S.C. § 2108a

Title 5, Government Organization and Employees

Last Updated

Sep 23, 2026

Release point: 119-110