Miscellaneous

Who Counts as a Veteran in Tennessee

Tennessee has no single definition. The discharge line moves from program to program, and the state veterans homes sit at the strictest end of it while the cemeteries sit at the most generous.

Also called: definition of veteran, honorable discharge, general discharge, other than dishonorable, character of discharge, NGB 22, eligibility.

For: Veteran or service member.

Where it applies

Written for the jurisdictions listed here.

There is no single answer to whether a person is a veteran for Tennessee purposes. Each program sets its own line and they do not agree, so the useful question is always which program. At the strictest end are the state veterans homes. Section 58-7-101(b) requires an honorable discharge, and Attorney General Opinion 20-13 holds that a general discharge under honorable conditions does not satisfy it, because an honorable discharge is separate and distinct from a general discharge under honorable conditions. Federal law does not preempt that. A veteran with a general discharge is not admissible to a Tennessee state veterans home even where they are eligible for VA health care. Property tax relief approaches it from the other direction. Section 67-5-704 does not require an honorable discharge at all. It requires only that the person served in the armed forces and meets one of the three disability routes, and subsection (c) bars relief only for a person who was dishonorably discharged. Everything between a dishonorable discharge and an honorable one is inside the program. That is the widest discharge test in the Tennessee catalog and it sits in the state's most valuable program. State employment preference and the private employer preference both require an honorable discharge, and the driver license designation does too, though the designation expressly accepts an NGB Form 22, which recognises that a Guard member with no federal active duty tour holds no DD214. The state veterans cemeteries changed position in 2026. Section 46-6-105 as rewritten by Public Chapter 839 accepts anyone meeting 38 U.S.C. 2402, which is the "other than dishonorable" federal line, or a reserve or Guard member discharged or released under honorable conditions with eight collective years or any call-up on state orders. "Released under honorable conditions" is broader than "honorably discharged" and does reach a general discharge, which puts the cemeteries and the homes on opposite sides of the same question. Education programs run on their own tests. Helping Heroes requires an honorable discharge plus one of three named campaign or expeditionary medals, so length of service is irrelevant and the medal is everything. The dependent tuition waiver in 49-7-102 requires service "honorably" during a qualifying period of armed conflict but turns on the veteran's death, captivity or missing status rather than on discharge paperwork. The out-of-state tuition exemption asks only whether the person is eligible for VA education benefits and is living in Tennessee. The recreation license adds a dimension none of the others use. Section 70-2-104 gives a free license to a resident thirty percent or more disabled by reason of service in any war, so wartime service is the test there rather than character of discharge, and a peacetime veteran at the same rating is outside it. What this means in practice. A veteran turned away from one Tennessee program has learned nothing about any other one. A general discharge closes the veterans homes and leaves property tax relief fully open. A Guard career with no federal deployment closes Helping Heroes and opens the cemeteries. The document to bring is whichever the specific program lists, and for Guard service that is usually the NGB Form 22 rather than a DD214.

Thresholds

Thresholds for Who Counts as a Veteran in Tennessee
GateRule
Veterans homes: honorable discharge onlySection 58-7-101(b) with Attorney General Opinion 20-13. A general discharge under honorable conditions does not qualify, and federal law does not preempt the state criterion.
Property tax relief: anything but a dishonorable dischargeSection 67-5-704 requires only service in the armed forces plus a qualifying disability, and subsection (c) bars only a person dishonorably discharged.
Cemeteries: other than dishonorable, or released under honorable conditionsSection 46-6-105 accepts 38 U.S.C. 2402 eligibility, or a reserve or Guard member discharged or released under honorable conditions with eight collective years or a state call-up.
Employment and driver license: honorable dischargeThe state employment preference, the private employer preference in 50-1-107 and the veteran designation in 55-50-354 all require an honorable discharge. The designation accepts an NGB Form 22 as proof.
Recreation: wartime service, not discharge characterSection 70-2-104’s fee-free license turns on being thirty percent or more disabled by reason of service in any war.

Sources

Legislation

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Public Chapter 839 of 2026 (Senate Bill 1888) Opened state veterans cemetery interment to Guard and reserve members

Catalog reconciledEnactedScope changed

114th General Assembly

  1. Introduced Done, , step 1 of 6
  2. In committee Done, , step 2 of 6
  3. Passed one chamber Done, , step 3 of 6
  4. Passed both chambers Done, , step 4 of 6
  5. Signed by the governor Done, , step 5 of 6
  6. In effect Done, date not recorded, step 6 of 6

Expands benefits Opened state veterans cemetery burial to Guard and reserve members with eight years of service or state call-ups.

Deleted and replaced 46-6-105 and 46-6-107. Interment is now open to anyone meeting 38 U.S.C. 2402, or to a member of a reserve component, the Army National Guard or the Air National Guard who was discharged or released under honorable conditions and either served honorably for not less than eight years collectively or was called up on state orders irrespective of time served. A Guard member activated by the Governor for a single emergency is eligible on the call-up alone. The act also listed the documents the department must accept, including NGB Form 22 and NGB Forms 438 and 439, so a Guard member who holds no DD214 has a route, and rewrote the fee section to bar any charge for the eligible member, the most recent spouse, and a minor or dependent incapacitated child. Passed April 13, 2026 and effective on becoming law. Tracked because it moved the line in the opposite direction from the state veterans homes, which under Attorney General Opinion 20-13 still exclude a general discharge under honorable conditions.

Sponsors

  • Jack JohnsonRepublican, Senate, District 27
  • William LamberthRepublican, House, District 44

And 38 co-sponsors

Touches Tenn. Code Ann. § 46-6-105 · Tenn. Code Ann. § 46-6-107

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Disclaimer

VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.