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

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 April 28, 1952 , and ending July 1, 1955 ; served on active duty as defined by section 101(21) of title 38 at any time in the armed forces for a period of more than 180 consecutive days any part of which occurred after January 31, 1955 , and before October 15, 1976 , not including service under section 12103(d) of title 10 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; served on active duty as defined by section 101(21) of title 38 in the armed forces during the period beginning on August 2, 1990 , and ending on January 2, 1992 ; or served on active duty as defined by section 101(21) of title 38 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 or by law as the last date of Operation Iraqi Freedom; “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; a veteran as defined by paragraph (1)(A) of this section; a veteran as defined by paragraph (1)(B), (C), or (D) of this section; a disabled veteran; the unmarried widow or widower of a veteran as defined by paragraph (1)(A) of this section; 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; the spouse of that parent is totally and permanently disabled; or that parent, when preference is claimed, is unmarried or, if married, legally separated from his or her spouse; the spouse of that parent is totally and permanently disabled; or that parent, when preference is claimed, is unmarried or, if married, legally separated from his or her spouse; and 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 section 1174(i) of title 10 ); the individual is a disabled veteran; or the individual retired below the rank of major or its equivalent; and “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. Except as provided in subsection (b) and section 9 [amending section 685 of Title 26 , Internal Revenue Code, and enacting provisions set out as a note under section 685 of Title 26 ], this Act [amending this section, section 8521 of this title , sections 1145, 1146, and 1174 of Title 10, Armed Forces, section 685 of Title 26 , section 303a of Title 37 , 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 section 101 of Title 10 and section 685 of Title 26 ] and the amendments made by this Act shall apply with respect to any sole survivorship discharge granted after September 11, 2001 . The amendments made by sections 4, 7, and 8 [amending this section and section 8521 of this title and section 1145 of Title 10 ] shall apply with respect to any sole survivorship discharge granted after the date of the enactment of this Act [ Aug. 29, 2008 ]. served in the Armed Forces; and 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 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.”