On the streets of America there are different meanings to the term “Veteran”. Many of our service members raised their right hand to defend the constitution and served on “Active Duty”. Then there are those who only served on “Active Duty For Training”. There are many disparities of this definition, however the “Veteran” served on “Active Duty” for more than 180 Days of “Active Duty Service” less training and less breaks there within.
Basic Facts everyone should know:
U.S. Code Title 5 – Government Organization And Employees
U.S. Code Title 10 – Armed Forces
U.S. Code Title 38 – Veterans’ Benefits
In a virtual conference on June 1, 2021, Cordell Smith, Deputy Director, Acquisition Policy at Veterans Benefits Administration stated that the Veterans Administration uses:
Title 38 USC §101(2) and
Title 38 USC §101(16) to define what a veteran is.
Under the rules of the Small Business Act veteran incorporates are determined by the VA definition of Title 38 USC §101(2)(16) which reads:
(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.
(16)The term “service-connected” means, with respect to disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in line of duty in the active military, naval, or air service.
What the Veterans Administration has done is diluted the term “Veteran”. Furthermore, by using the incorrect definitions of a veteran they have been “Verifying Non-Veteran Owned Businesses” resulting in the award of fraudulent contracts. In the above definitions, please note that the term “active military” is being used versus the term “Active Duty”. The difference being awarding of benefits versus the term “Active Duty” that defines and creates a “Veteran”.
The NVBDC uses Title 5 USC § 2108 (1) to determine “Veteran Status”
Veteran
(1) “veteran” means an individual who—
(A) 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 ;
(B) 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 (D) 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; and, except as provided under section 2108a, who has been discharged or released from active duty in the armed forces under honorable conditions;
The NVBDC uses Title 38 U.S.C. 101 (21)(22) to further define a “Veteran”
(21) The term “active duty” means—
(A)full-time duty in the Armed Forces, other than active duty for training;
(B)full-time duty (other than for training purposes) as a commissioned officer of the Regular or Reserve Corps [1] of the Public Health Service (i) on or after July 29, 1945, or (ii) before that date under circumstances affording entitlement to “full military benefits” or (iii) at any time, for the purposes of chapter 13 of this title;
(22) The term “active duty for training” means—
(A) full-time duty in the Armed Forces performed by Reserves for training purposes;
(B) full-time duty for training purposes performed as a commissioned officer of the Reserve Corps 1 of the Public Health Service (i) on or after July 29, 1945, or (ii) before that date under circumstances affording entitlement to “full military benefits”, or (iii) at any time, for the purposes of chapter 13 of this title;
(C) in the case of members of the Army National Guard or Air National Guard of any State, full-time duty under section 316, 502, 503, 504, or 505 of title 32, or the prior corresponding provisions of law;
(D) duty performed by a member of a Senior Reserve Officers’ Training Corps program when ordered to such duty for the purpose of training or a practice cruise under chapter 103 of title 10 for a period of not less than four weeks and which must be completed by the member before the member is commissioned; and
(E) authorized travel to or from such duty.
The veteran owned, operated and non-profit National Veteran Business Development Council uses every legislative and regulatory definition that establishes a clear definition of “What is a Veteran”.
A “Veteran” is a person who served full-time (24/7) “Active Duty” in the United States “Armed Forces,” for a minimum of 180 Consecutive Active Duty Days, less breaks and training within.
Title 5 USC § 2108(1); Title 38 USC § 101(21)(22), Title 38 USC § 1965 (1)(5),
Title 38 CFR § 3.6; Title 38 USC §4211 (4)
