Title 5 — Government Organization and EmployeesRelease 119-73not60

§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 Apr 3, 2026|Official source

Summary

People still on active duty can be treated as veterans for federal hiring if they would meet the veteran rules except for already being discharged. They must give a written note saying they expect to be discharged under honorable conditions within 120 days of that note. The same rule applies for being treated as a disabled veteran for hiring if they meet the disabled-veteran rules except for already being separated. These same rules also count when deciding who gets hiring preference for federal competitive jobs.

Full Legal Text

Title 5, §2108a

Government Organization and Employees — Source: USLM XML via OLRC

(a)(1)Except as provided under paragraph (3),11 So in original. Subsec. does not contain a par. (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)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)(1)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)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)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

Apr 3, 2026

Release point: 119-73not60