Veterans/discharge def.

AN ACT Relating to the definition of a "qualifying discharge" for 1
the Washington state veterans' preference program for civil service; 2
amending RCW 41.04.010 and 73.04.005; and creating a new section.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. The legislature finds that agencies may 5
deny an applicant's request for veteran preference because the 6
applicant is currently serving in the United States military and does 7
not yet meet the definition of a veteran prior to the applicant's 8
official discharge or release date from military service. The 9
legislature further finds that some applicants are denied the 10
preference despite receipt of an official statement of service 11
memorandum from their commanding officer or delegated authority that 12
includes expected discharge characterization and expected discharge 13
or release from service date. The legislature recognizes the negative 14
impact these actions have on active duty service members who are in 15
the process of securing jobs prior to their separation date from 16
service because service members generally do not receive a DD form 17
214 (military separation paperwork) until their last day of active 18
service and most service members would prefer to have civilian jobs 19
secured prior to their separation date. The legislature intends to 20
S-3452.1
SENATE BILL 5827
State of Washington 69th Legislature 2026 Regular Session
By Senators Gildon, Christian, Dozier, and J. Wilson
Prefiled 12/04/25. Read first time 01/12/26. Referred to Committee
on State Government, Tribal Affairs & Elections.
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clarify the requirements for veteran preference to ensure a smooth 1
transition into civil employment. 2
Sec. 2. RCW 41.04.010 and 2024 c 146 s 14 are each amended to 3
read as follows: 4
In all competitive examinations, unless otherwise provided in 5
this section, to determine the qualifications of applicants for 6
public offices, positions, or employment, either the state, and all 7
of its political subdivisions and all municipal corporations, or 8
private companies or agencies contracted with by the state to give 9
the competitive examinations shall give a scoring criteria status to 10
all veterans as defined in RCW 41.04.007, by adding to the passing 11
mark, grade or rating only, based upon a possible rating of one 12
hundred points as perfect a percentage in accordance with the 13
following: 14
(1) Ten percent to a veteran who served during a period of war or 15
in an armed conflict as defined in RCW 41.04.005 and does not receive 16
military retirement. The percentage shall be added to the passing 17
mark, grade, or rating of competitive examinations until the 18
veteran's first appointment. The percentage shall not be utilized in 19
promotional examinations; 20
(2) Five percent to a veteran who did not serve during a period 21
of war or in an armed conflict as defined in RCW 41.04.005 or is 22
receiving military retirement. The percentage shall be added to the 23
passing mark, grade, or rating of competitive examinations until the 24
veteran's first appointment. The percentage shall not be utilized in 25
promotional examinations; 26
(3) Five percent to a veteran who was called to active military 27
service from employment with the state or any of its political 28
subdivisions or municipal corporations. The percentage shall be added 29
to promotional examinations until the first promotion only;30
(4) All veterans' scoring criteria may be claimed:31
(a) Upon release from active military service with a qualifying 32
discharge as defined in RCW 73.04.005; ((or))33
(b) Upon receipt of a United States department of defense 34
discharge document DD form 214, NGB form 22, or their equivalent or 35
successor discharge paperwork, that characterizes his or her 36
discharge as a qualifying discharge as defined in RCW 73.04.005; or37
(c) Upon receipt of an official statement of service memorandum 38
from the individual's commander or the commander's designated 39
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representative that includes projected discharge characterization and 1
expected discharge or release date from military service. The 2
official documents listed in (b) of this subsection must be provided 3
no later than 30 days after official separation from military 4
service. 5
Sec. 3. RCW 73.04.005 and 2024 c 146 s 4 are each amended to 6
read as follows: 7
For purposes of RCW 9.46.070, 28A.230.120, 28B.15.012, 8
28B.15.621, 28B.102.020, 41.04.005, 41.04.007, 41.04.010, 41.06.133, 9
41.08.040, 41.12.040, 43.24.130, 43.70.270, 46.18.270, 46.18.280, 10
46.20.161, 72.36.030, 73.08.005, and 77.32.480: 11
(1) A "qualifying discharge" means: 12
(a) A discharge with an honorable characterization of service;13
(b) A discharge with a general under honorable conditions 14
characterization of service; 15
(c) A discharge with an other than honorable characterization of 16
service if the applicant provides a letter, administrative decision, 17
or other documentation from the United States department of veterans 18
affairs showing eligibility for or receipt of monetary benefits, such 19
as disability compensation or nonservice-connected pension; or20
(d) Any characterization of service if the reason for discharge 21
was listed as solely due to: (i) A person's sexual orientation, 22
gender identity, or gender expression; (ii) statements, consensual 23
sexual conduct, or consensual acts relating to sexual orientation, 24
gender identity, or gender expression unless the statements, conduct, 25
or acts are or were prohibited by the uniform code of military 26
justice on grounds other than the person's sexual orientation, gender 27
identity, or gender expression; or (iii) the disclosure of 28
statements, conduct, or acts relating to sexual orientation, gender 29
identity, or gender expression to military officials.30
(2)(a) To prove a "qualifying discharge" under this section, an 31
individual must provide official documentation that shows the 32
following to the agency administering the sought benefit or 33
protection: 34
(i) The individual's characterization of service; and35
(ii) If an individual has a qualifying discharge under subsection 36
(1)(d) of this section, also the individual's reason for discharge or 37
narrative reason for separation. 38
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(b)(i) Proof may include, but is not limited to, a department of 1
defense DD form 214, NGB form 22, or equivalent or successor official 2
paperwork stating the required information from a government agency. 3
Copies of official documents are acceptable as proof.4
(ii) Proof may also include an official statement of service 5
memorandum from the individual's commander or the commander's 6
designated representative that includes projected discharge 7
characterization and expected discharge or release date from military 8
service. The official documents listed in (b)(i) of this subsection 9
must be provided 30 days after official separation from military 10
service.11
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