---
kind: "section"
citation: "5 U.S.C. § 2108a"
title: "5"
title_heading: "Government Organization and Employees"
number: "2108a"
heading: "Treatment of certain individuals as veterans, disabled veterans, and preference eligibles"
release: "119-102"
url: "https://uscodex.org/usc/5/2108a"
units:
  - "Part III — Employees"
  - "Subpart A — General Provisions"
  - "Chapter 21 — Definitions"
---

# §2108a. Treatment of certain individuals as veterans, disabled veterans, and preference eligibles

- (a) **Veteran.—**
  - (1) **In general.—** Except as provided under paragraph (3),[^1] an individual shall be treated as a [veteran](/usc/5/2108.md?p=1) defined under [section 2108(1)](/usc/5/2108.md?p=1) for purposes of making an appointment in the competitive [service](/usc/5/8331.md?p=12), if the individual—
    - (A) meets the definition of a [veteran](/usc/5/2108.md?p=1) under [section 2108(1)](/usc/5/2108.md?p=1), except for the requirement that the individual has been discharged or released from active duty in the [armed forces](/usc/5/2101.md?p=2) under honorable conditions; and
    - (B) submits a certification described under [paragraph (2)](#a-2) to the Federal officer making the appointment.
  - (2) **Certification.—** A certification referred to under [paragraph (1)](#a-1) is a certification that the individual is expected to be discharged or released from active duty in the [armed forces](/usc/5/2101.md?p=2) 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](/usc/5/2108.md?p=2) defined under [section 2108(2)](/usc/5/2108.md?p=2) for purposes of making an appointment in the competitive [service](/usc/5/8331.md?p=12), if the individual—
    - (A) meets the definition of a [disabled veteran](/usc/5/2108.md?p=2) under [section 2108(2)](/usc/5/2108.md?p=2), except for the requirement that the individual has been separated from active duty in the [armed forces](/usc/5/2101.md?p=2) under honorable conditions; and
    - (B) submits a certification described under [paragraph (2)](#b-2) to the Federal officer making the appointment.
  - (2) **Certification.—** A certification referred to under [paragraph (1)](#b-1) is a certification that the individual is expected to be separated from active duty in the [armed forces](/usc/5/2101.md?p=2) under honorable conditions not later than 120 days after the date of the submission of the certification.
- (c) **Preference Eligible.—** Subsections [(a)](#a) and [(b)](#b) shall apply with respect to determining whether an individual is a preference eligible under [section 2108(3)](/usc/5/2108.md?p=3) for purposes of making an appointment in the competitive [service](/usc/5/8331.md?p=12).

## Footnotes

[^1]: So in original. Subsec. does not contain a par. (3).

## Source credit

(Added Pub. L. 112–56, title II, § 235(a)(1), Nov. 21, 2011, 125 Stat. 722.)