§ 3501. Definitions; application
(a)
For the purpose of this subchapter, except section
3504—
(2)
“a retired member of a uniformed service” means a member or former member of a uniformed service who is entitled, under statute, to retired, retirement, or retainer pay on account of his service as such a member; and
(3)
a preference eligible employee who is a retired member of a uniformed service is considered a preference eligible only if—
(A)
his retirement was based on disability—
(b)
Except as otherwise provided by this subsection and section
3504 of this title, this subchapter applies to each employee in or under an Executive agency. This subchapter does not apply to an employee whose appointment is required by Congress to be confirmed by, or made with the advice and consent of, the Senate or to a member of the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.