N.J. Admin. Code § 5A:9-1.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 5A:9-1.2 - Veterans' preference and veterans' status for pension purposes

(a) A person is entitled to veterans' preference or veterans' status for pension purposes, if he or she has been discharged or released from active United States military or naval service under conditions other than dishonorable, and has served in the active United States military or naval service during:

1. World War I, between April 6, 1917 and November 11, 1918, who shall have served at least 90 consecutive days;

2. World War II, on or after September 16, 1940, who shall have served at least 90 days beginning on or before December 31, 1946 in such active service, exclusive of any period of assignment for a course of education or training under the Army Specialized Training Program or the Navy College Training Program, which course was a continuation of a civilian course and was pursued to completion; or as a cadet or midshipman at one of the service academies;

3. Korean Conflict, on or after June 23, 1950, who shall have served at least 90-consecutive days beginning on or before January 31, 1955, in active service, exclusive of any period of assignment for a course of education or training under the Army Specialized Training Program or the Navy College Training Program, which course was a continuation of a civilian course and was pursued to completion, or as a cadet or midshipman at one of the service academies;

4. Vietnam Conflict, on or after December 31, 1960, who shall have served at least 90-consecutive days beginning on or before May 7, 1975, in active service, exclusive of any period of assignment for a course of education or training under the Army Specialized Training Program or the Navy College Training Program, which course was a continuation of a civilian course and was pursued to completion, or as a cadet or midshipman at one of the service academies, and exclusive of any service performed pursuant to 10 U.S.C. § 511(d), or exclusive of any service performed pursuant to enlistment in the National Guard or the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or the Coast Guard Reserve;

5. Lebanon peacekeeping mission, commencing on or after September 26, 1982, who has served in Lebanon or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuous or in the aggregate, of at least 14 days, terminating on or before December 1, 1987, in such active service;

6. Grenada peacekeeping mission, commencing on or after October 23, 1983, who has served in Grenada or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuous or in the aggregate, of at least 14 days terminating on or before November 21, 1983, in such active service;

7. Panama peacekeeping mission, commencing on or after December 20, 1989, who has served in Panama or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuous or in the aggregate, of at least 14 days terminating on or before January 31, 1990, in such active service;

8. Operation "Desert Shield/Desert Storm" mission in the Arabian peninsula and the Persian Gulf, commencing on or after August 2, 1990, who has served in the Arabian peninsula or on board any ship actively engaged in patrolling the Persian Gulf for a period, continuous or in the aggregate, of at least 14 days terminating on or before February 28, 1991, in such active service;

9. Operations "Northern Watch" and "Southern Watch" in the Arabian Peninsula and adjacent sea areas that include Bahrain, Oman, Kuwait, Saudi Arabia, Yemen and the Persian Gulf, commencing on August 27, 1992, and terminating on March 17, 2003, who served in direct support for a period, continuously or in the aggregate, of at least 14 days, in such active service;

10. Operation "Enduring Freedom" commencing on or after September 11, 2001, who served for a period, continuous or in the aggregate, of at least 14 days in areas designated by the U.S. Department of Defense, and ending on or before the date of termination of that mission as proclaimed by the President of the United States or Congress, whichever date of termination is later, and was in receipt of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or can provide supportive documentation reflecting service in the area of operation;

11. Operation "Iraqi Freedom/New Dawn" commencing on or after March 19, 2003, and terminating on December 15, 2012, who served for a period, continuous or in the aggregate, of at least 14 days in areas designated by the U.S. Department of Defense, ending on or before the date of termination of that mission as proclaimed by the President of the United States or Congress, whichever date of termination is later, and was in receipt of the Global War on Terrorism Expeditionary Medal, Iraqi Campaign Medal, or can provide supportive documentation reflecting service in the area of operation;

12. Operation "Restore Hope" in Somalia, commencing on or after December 5, 1992, and terminating on March 31, 1994, who served for at least 14 days, continuously or in the aggregate, in Somalia or on board any ship actively engaged in patrolling the territorial waters of that nation during the specified period;

13. Operations "Joint Endeavor" and "Joint Guard" in the Republic of Bosnia and Herzegovina, commencing on or after November 20, 1995, and terminating on December 20, 1998, who served in direct support of one or both of the operations for at least 14 days, continuously, or in the aggregate, and:

i. Was deployed in that nation or in another area in the region;

ii. Was on board a United States naval vessel operating in the Adriatic Sea; or

iii. Operated in airspace above the Republic of Bosnia and Herzegovina;

14. Operation "Uphold Democracy" in Haiti, commencing on or after September 19, 1994, and terminating on or before March 31, 1995, who served in Haiti or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuously, or in the aggregate, of at least 14 days, and who received an Armed Forces Expeditionary Medal for such service. This military operation may only be used when establishing veterans' preference pursuant to N.J.A.C. 5A:9-1.4(a) and (b) and is not an applicable military operation for establishing veterans' pension pursuant to N.J.A.C. 5A:9-1.4(c), (d), or (e); or

15. Served at least 90 days in any army or navy of the United States allies in World War I between April 6, 1917 and November 11, 1918, or World War II between September 16, 1940 and December 31, 1946, provided he or she voluntarily enlisted in such service, was a United States citizen at the time of enlistment, did not renounce or lose United States citizenship, and was honorably discharged.

(b) Any person receiving an actual service-connected injury or disability shall be classed as a veteran:

1. Whether or not that person has completed the required length of service in (a) above;

2. In the case of (a)10 and 11 above, regardless of receipt of the Global War on Terrorism Expeditionary Medal; or

3. In the case of (a)14 above, regardless of receipt of the Armed Forces Expeditionary Medal.

N.J. Admin. Code § 5A:9-1.2

Amended by R.2014 d.024, effective 1/21/2014.
See: 45 N.J.R. 2163(a), 46 N.J.R. 207(a).
Rewrote the section.

Amended by 53 N.J.R. 513(c), effective 4/5/2021