RCW 73.04.005: "Qualifying discharge"—Definition—Proof—Predischarge certification.

(1) For purposes of RCW 9.46.070, 28A.230.120, 28B.15.012, 28B.15.621, 28B.102.020, 41.04.005, 41.04.007, 41.04.010, 41.06.133, 41.08.040, 41.12.040, 43.24.130, 43.70.270, 46.18.270, 46.18.280, 46.20.161, 72.36.030, 73.08.005, 73.16.010, and 77.32.480:

(a) A "qualifying discharge" means:

(i) A discharge with an honorable characterization of service;

(ii) A discharge with a general under honorable conditions characterization of service;

(iii) A discharge with an other than honorable characterization of service if the applicant provides a letter, administrative decision, or other documentation from the United States department of veterans affairs showing eligibility for or receipt of monetary benefits, such as disability compensation or nonservice-connected pension; or

(iv) Any characterization of service if the reason for discharge was listed as solely due to: (A) A person's sexual orientation, gender identity, or gender expression; (B) statements, consensual sexual conduct, or consensual acts relating to sexual orientation, gender identity, or gender expression unless the statements, conduct, or acts are or were prohibited by the uniform code of military justice on grounds other than the person's sexual orientation, gender identity, or gender expression; or (C) the disclosure of statements, conduct, or acts relating to sexual orientation, gender identity, or gender expression to military officials.

(b)(i) To prove a "qualifying discharge" under this section, an individual must provide official documentation that shows the following to the agency administering the sought benefit or protection:

(A) The individual's characterization of service; and

(B) If an individual has a qualifying discharge under (a)(iv) of this subsection, also the individual's reason for discharge or narrative reason for separation.

(ii) Proof may include, but is not limited to, a department of defense DD form 214, NGB form 22, or equivalent or successor official paperwork stating the required information from a government agency. Copies of official documents are acceptable as proof.

(2)(a) For purposes of RCW 41.04.010 and 73.16.010, proof may also include a predischarge certification.

(b) A "predischarge certification" means a written statement issued by an individual's branch of service that: (i) States the individual is expected to be discharged or released from active duty under a qualifying discharge; (ii) includes the expected date of discharge; and (iii) includes the characterization of service.

(c) Agencies shall:

(i) Develop written procedures to verify the characterization of service and expected discharge date as stated in a predischarge certification; and

(ii) Track and document the receipt of official discharge documentation and ensure that any appointment made on the basis of a predischarge certification is confirmed only upon receipt of such documentation.

(d) Agencies shall not take adverse actions, such as termination or rescission of offer, based on a discrepancy between a predischarge certification and official discharge documents without first providing notice and an opportunity for the individual to be heard.

(e) A predischarge certification may be used to establish eligibility for veterans' preference for initial appointment, but must not be used to determine retention or layoff preference unless the individual has provided official discharge documentation confirming the qualifying discharge.