The following are changes proposed to Title 5 of the California Code of Regulations.
December 16, 2016
Statement of Reasons for Amendment of
Title 5, California Code of Regulations, Sections 40756.1 and 40805.1
Current sections of CCR that address first-time freshmen and lower division transfer student veterans who are otherwise ineligible for admission reference CFR 38, section 3462 to define an eligible veteran. That section of federal code states
(1) The term “eligible veteran” means any veteran who—
(A) served on active duty for a period of more than 180 days, any part of which occurred after January 31, 1955, and before January 1, 1977, and was discharged or released therefrom under conditions other than dishonorable;
(B) contracted with the Armed Forces and was enlisted in or assigned to a reserve component prior to January 1, 1977, and as a result of such enlistment or assignment served on active duty for a period of more than 180 days, any part of which commenced within 12 months after January 1, 1977, and was discharged or released from such active duty under conditions other than dishonorable; or
(C) was discharged or released from active duty, any part of which was performed after January 31, 1955, and before January 1, 1977, or following entrance into active service from an enlistment provided for under subparagraph (B), because of a service-connected disability.
The proposed changes to the definition of “eligible veteran” are inclusive of all military and veterans and are not tied to specific service periods. The statement is the proposed definition of an eligible veteran for admissions purposes.
For purposes of this section only, eligible veteran means a person who served, or is currently serving, in the active Armed Forces or Reserve Component. Eligible discharged servicemembers at a minimum must be released under conditions other than dishonorable. Armed Forces means the United States Army, Navy, Marine Corps, Air Force, and Coast Guard, including their Reserve components. Reserve Component means the Army, Naval, Marine Corps, Air Force, and Coast Guard Reserves and the National and Air National Guard of the United States.
The proposed Title 5 amendments would update the definition of eligible veteran, clarify existing rules, and offer a more inclusive application of the policy.
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