U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart A— General Provisions › Chapter CHAPTER 21— DEFINITIONS

5 U.S.C. § 2108a

Treatment of certain individuals as veterans, disabled veterans, and preference eligibles

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(a)Veteran.—(1)In general.—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)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.(Added Pub. L. 112–56, title II, § 235(a)(1), Nov. 21, 2011, 125 Stat. 722.)
Notes of Decisions
Cited in 6 cases (4 in the last 5 years), 2016–2023 · leading case: Marnie Golden v. Dep't of Vets. Affairs, 2023 MSPB 19 (MSPB 2023).
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Marnie Golden v. Dep't of Vets. Affairs, 2023 MSPB 19 (MSPB 2023). “3 The statute sets forth an exception to this requirement under 5 U.S.C. § 2108a, which applies when a certification is submitted indicating that the individual is expected to be separated from active duty in the armed forces under honorable conditions no later than 120 days…”
Kevin Wheeler Bell v. United States Postal Serv. (MSPB 2016). · cites it 2× “§ 2108 (1)-(2) (referencing exception provided under 5 U.S.C. § 2108a). A person expecting to be discharged or released from active duty under honorable conditions can be treated as a veteran or disabled veteran for the purposes of making an appointment in the competitive…”
Pitt v. Duke (D.D.C. 2021). “First, Pitt argues that the panel “violated well-established merit systems protection law in passing [her] over in favor of white male selectees who are not veterans” because she qualified for veterans’ preference. ECF No. 18 at 16–17.”
Joel Valcin v. United States Postal Serv. (MSPB 2023). “See 5 U.S.C. § 2108a. 3 The appellant has neither asserted nor supplied any evidence that shows the third definition applies to him.”
Yolanda Lewis-Mozejko v. Dep't of Health & Human Servs. (MSPB 2023). “¶9 Using the method to determine whether a statute or regulation relates to veterans’ preference employed in Dean, several of the other statutes the appellant alleges were violated could be said to stand in some relation to, have a bearing on, concern, and have a connection with…”
Ghidoni v. Maine Pub. Employees Retirment Sys. (Me. Super. Ct 2019). “defined by section 101(21) of title 38 [38 USCS § 101(21)] 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 September 11, 2001, and ending on the date prescribed by Presidential proclamation…”
— 5 U.S.C. § 2108a(c) — 1 case
Pitt v. Duke (D.D.C. 2021). “First, Pitt argues that the panel “violated well-established merit systems protection law in passing [her] over in favor of white male selectees who are not veterans” because she qualified for veterans’ preference. ECF No. 18 at 16–17.”
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