Local, State and Federal level increasingly want to support Veteran Certified Firms, but Who is a Veteran?
Many people are currently serving or have served our country in a variety of jobs and locations, however only a specific subset of these people are considered Veteran under Federal law, which provides that a Veteran is anyone who has been a member of any branch of service; has completed their service; and was honorably discharged. 38 CFR 3.1(d) https://www.law.cornell.edu/cfr/text/38/3.1
Completion of Service
Any service member that does not meet the 24-month continuous active duty service requirement or fall under an exemption will not be able to claim any Veteran benefits, although there are exemptions from the minimum active duty requirement for veterans who have been diagnosed with a disease or injury that was a result of their active duty or was worsened by their service; such individuals could be eligible for benefits under the Veterans Administration guidelines.
A common certification is the service-disabled veteran-owned small business (SDVOSB). Many government agencies set aside or encourage companies bidding on government projects to include SDVOSB firms. https://fas.org/sgp/crs/misc/R43928.pdf
To be eligible for set-asides as an SDVOSB, the following criteria must be met:
Honorable Discharge Requirements
Honorable discharge is a requirement for benefit eligibility status. Any service member who was dishonorably discharged is not eligible for any veteran benefits. There are 5 categories of discharge from the uniformed services. They are honorable, general (under honorable conditions), other than honorable (OTH), bad conduct (general court-martial), and dishonorable. For a veteran for be eligible to be awarded veteran benefits they must have been either received either an honorable or general discharge. The nature of the discharge will be on the DD-214 or other paperwork given to the service member at the time of discharge.
All state and federal programs are subject to change, so it is essential to stay updated and informed.
The information in this blog post is provided for informational purposes only and is not intended to be legal advice. You should not make a decision whether or not to contact an attorney based upon the information in this blog post. No attorney-client relationship is formed nor should any such relationship be implied. If you require legal advice, please consult with an attorney licensed to practice in your jurisdiction.
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