Expert: Rod Powers - 5/30/2007

Question
I was in the USNR from August 23, 1985 to June 18, 1991. I was honorably discharged. My active service record on my DD214 copy (form 13044) states "No active duty other than for training purposes". I always thought of myself as a veteran but never used the status for anything, it is now being recommended that I register my business as a veteran-owned small business. How do I know if I fit the criteria for this category.

Answer
Hi Christopher,

For the purposes of the "veteran-owned small business" program, I don't think you meet the legal requirements for "veteran," under United States Code (USC), Title 38, Section 101 (see: http://www4.law.cornell.edu/uscode/html/uscode38/usc_sec_38_00000101----000-.htm...). According to the DOD Small Business Program Website (http://www.acq.osd.mil/osbp/programs/veterans/faq.htm), this is the section of the law used to define "veteran" for the purposes of the veteran-owned small buisiness program.

Paragraph 2 of this section defines "veteran" as:

"(2) The term 'veteran' means a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable."

Paragraph 24 defines "active military, naval, or air service" as follows:

"(24) The term “active military, naval, or air service” includes—

(A) active duty;

(B) any period of active duty for training during which the individual concerned was disabled or died from a disease or injury incurred or aggravated in line of duty; and

(C) any period of inactive duty training during which the individual concerned was disabled or died— (i) from an injury incurred or aggravated in line of duty; or (ii) from an acute myocardial infarction, a cardiac arrest, or a cerebrovascular accident occurring during such training."

Paragraph 21 of the law excludes "active duty for training" in its definition for "active duty."

The term "veteran" is a slippery one, and it depends on exactly which program one is applying for. For example, one could be a "veteran" for purposes of being eligible to be buried in a VA cemetary, but not be a "veteran" for purposes of qualifying for a VA Home loan guarantee. For details, see my article at: http://usmilitary.about.com/od/benefits/a/vetbenefits.htm).

For more information about the United States Military, feel free to visit my U.S. Military information site at: http://usmilitary.about.com

Hope this helps!

Rod Powers
http://usmilitary.about.com