Q. I am retired from the Army and I am being paid 30 percent disability for injuries (non-combat) sustained from active duty. Why is it that I qualify for veteran’s preference for hiring but am considered a nonveteran (IB) for RIF purposes?
A. By law (i.e., the Dual Compensation Act of 1964, as presently codified in section 3501(a) of title 5, United States Code), a retired member of the armed forces is a veteran under the RIF regulations only if the employee meets one of the following three conditions:
1. The armed forces retirement (without regard to benefits from the Department of Veterans Affairs) is directly based upon a combat-incurred disability or injury; or
2. The armed forces retirement is based upon less than 20 years of active duty; or
3. The employee has been working for the government since Nov. 30, 1964, without a break in service of more than 30 days.
