VetGuide
Introduction
Veterans' Preference in Appointments
Veterans' Preference in Reduction in Force
Miscellaneous Provisions Pertaining to Veterans
Service Credit
Special Appointing Authorities for Veterans
Restoration after Uniformed Service
Special Redress and Appeals
Appendices
Introduction
VetGuide
The Office of Personnel Management (OPM) administers entitlement to veterans'
preference in employment under title 5, United States Code, and
oversees other statutory employment requirements in titles 5 and 38. (Title
38 also governs Veterans' entitlement to benefits administered
by the Department of Veterans Affairs (VA).)
Both title 5 and title 38 use many of the same terms, but in different ways.
For example, service during a "war" is used to determine entitlement to Veterans'
preference and service credit under title 5. OPM has always interpreted this
to mean a war declared by Congress. But title 38 defines "period of war"
to include many non-declared wars, including Korea, Vietnam, and the Persian
Gulf. Such conflicts entitle a veteran to VA benefits under title 38,
but not necessarily to preference or service credit under title
5. Thus it is critically important to use the correct definitions in determining
eligibility for specific rights and benefits in employment.
For additional information, including the complete text of the laws and regulations
on Veterans' rights, consult the references cited.
Veterans' Preference in Appointments
Why Preference is Given
Since the time of the Civil War, veterans of the Armed Forces have been given
some degree of preference in appointments to Federal jobs. Recognizing their
sacrifice, Congress enacted laws to prevent veterans seeking Federal employment
from being penalized for their time in military service. Veterans' preference
recognizes the economic loss suffered by citizens who have served their country
in uniform, restores veterans to a favorable competitive position for Government
employment, and acknowledges the larger obligation owed to disabled veterans.
Veterans' preference in its present form comes from the Veterans' Preference
Act of 1944, as amended, and is now codified in various provisions of title
5, United States Code. By law, veterans who are disabled or who served on active
duty in the Armed Forces during certain specified time periods or in military
campaigns are entitled to preference over others in hiring from competitive
lists of eligibles and also in retention during reductions in force.
In addition to receiving preference in competitive appointments, veterans
may be considered for special noncompetitive appointments for which only
they are eligible. See Chapter 4.
When Preference Applies
Preference in hiring applies to permanent and temporary positions in the competitive
and excepted services of the executive branch. Preference does not apply to
positions in the Senior Executive Service or to executive branch positions for
which Senate confirmation is required. The legislative and judicial branches
of the Federal Government also are exempt from the Veterans' Preference Act
unless the positions are in the competitive service (Government Printing
Office, for example) or have been made subject to the Act by another law.
Preference applies in hiring from civil service examinations conducted by the
Office of Personnel Management (OPM) and agencies under delegated examining
authority, for most excepted service jobs including Veterans Recreuitment Appointments
(VRA), and when agencies make temporary, term, and overseas limited appointments.
Veterans' preference does not apply to promotion, reassignment, change to lower
grade, transfer or reinstatement.
Veterans' preference does not require an agency to use any particular appointment
process. Agencies have broad authority under law to hire from any appropriate
source of eligibles including special appointing authorities. An agency may
consider candidates already in the civil service from an agency-developed merit
promotion list or it may reassign a current employee, transfer an employee from
another agency, or reinstate a former Federal employee. In addition, agencies
are required to give priority to displaced employees before using civil service
examinations and similar hiring methods.
Civil service examination: Title 5 United States Code (U.S.C.) 3304-3330,
title 5 Code of Federal Regulations (CFR) Part 332, OPM Delegation Agreements
with individual agencies, OPM Examining Handbook, OPM Delegated Examining Operations
Handbook; Excepted service appointments, including VRA's: 5 U.S.C. 3320;
5 CFR Part 302; Temporary and term employment: 5 CFR Parts 316 and 333;
Overseas limited employment: 5 CFR Part 301; Career Transition Program:
5 CFR Part 330, Subparts F and G.
Types of Preference
NOTE: The National Defense Authorization Act for Fiscal Year 2006
clarified the scope of the term "veteran" for the purposes of determining who is
entitled to veterans' preference. OPM is in the process of revising its regulations
to conform to this clarification. In the interim, agencies should rely upon the statute
and this guidance in determining who is entitled to veterans' preference.
To receive preference, a veteran must have been discharged or released from
active duty in the Armed Forces under honorable conditions (i.e., with an honorable or general discharge).
As defined in 5 U.S.C. 2101(2), "Armed Forces" means the Army, Navy, Air Force, Marine Corps
and Coast Guard. The veteran must also be eligible under one of the preference
categories below (also shown on the Standard Form (SF) 50, Notification of
Personnel Action).
Military retirees at the rank of major, lieutenant commander, or higher are
not eligible for preference in appointment unless they are disabled veterans.
(This does not apply to Reservists who will not begin drawing military retired
pay until age 60.)
For non-disabled users, active duty for training by National Guard or Reserve soldiers does not qualify as "active duty" for preference.
For disabled veterans, active duty includes training service in the Reserves or National Guard, per the Merit Systems Protection Board decision in Hesse v. Department
of the Army, 104 M.S.P.R.647(2007).
For purposes of this chapter and 5 U.S.C. 2108, "war" means only those armed
conflicts declared by Congress as war and includes World War II, which covers
the period from December 7, 1941, to April 28, 1952.
When applying for Federal jobs, eligible veterans should claim preference on
their application or resume. Applicants claiming 10-point preference must complete
Standard Form (SF) 15, Application for 10-Point Veteran Preference, and
submit the requested documentation.
The following preference categories and points are based on 5 U.S.C. 2108 and
3309 as modified by a length of service requirement in 38 U.S.C. 5303A(d). (The
letters following each category, e.g., "TP," are a shorthand reference used
by OPM in competitive examinations.)
5-Point Preference (TP)
Five points are added to the passing examination score or rating
of a veteran who served:
- During a war; or
- During the period April 28, 1952 through July 1, 1955; or
- For more than 180 consecutive days, other than for training, any part of which occurred after January 31, 1955, and before October 15, 1976; or
- During the Gulf War from August 2, 1990, through January 2, 1992; or
- For more than 180 consecutive days, other than for training, any part of which occurred during the period beginning September 11, 2001, and ending on the date prescribed by Presidential proclamation or by law as the last day of Operation Iraqi Freedom; or
- In a campaign or expedition for which a campaign medal has been authorized. Any Armed Forces Expeditionary medal or campaign badge, including El Salvador, Lebanon, Grenada, Panama, Southwest Asia, Somalia, and Haiti, qualifies for preference.
A campaign medal holder or Gulf War veteran who originally enlisted after September
7, 1980, (or began active duty on or after October 14, 1982, and has not previously
completed 24 months of continuous active duty) must have served continuously
for 24 months or the full period called or ordered to active duty. The 24-month
service requirement does not apply to 10-point preference eligibles separated
for disability incurred or aggravated in the line of duty, or to veterans separated
for hardship or other reasons under 10 U.S.C. 1171 or 1173.
A word about Gulf War Preference...
The Defense Authorization Act of Fiscal Year 1998 (Public Law 105-85) of
November 18, 1997, contains a provision (section 1102 of Title XI) which accords
Veterans' preference to everyone who served on active duty during
the period beginning August 2, 1990, and ending January 2, 1992, provided,
of course, the veteran is otherwise eligible.
This means that anyone who served on active duty during the Gulf War, regardless
or where of for how long, is entitled to preference if otherwise eligible
(i.e., have been separated under honorable conditions and served continuously
for a minimum of 24 months or the full period for which called or ordered
to active duty). This applies not only to candidates seeking employment, but
to Federal employees who may be affected by reduction in force, as well.
Questions and Answers about Gulf War Preference
Q. Public Law 105-85 of November 18, 1997, contains a provision (section
1102 of Title XI) which accords Veterans' preference to anyone who served
on active duty, anywhere in the world, for any length of time between August
2, 1990, and January 2, 1992, provided the person is "otherwise eligible."
What does "otherwise eligible" mean, here?
A. It means the person must have been separated from the service under honorable
conditions and have served continuously for a minimum of 24 months or the
full period for which called or ordered to active duty. For example, someone
who enlisted in the Army and was serving on active duty when the Gulf War
broke out on Aug 2, 1990, would have to complete a minimum of 24 months service
to be eligible for preference. On the other hand a Reservist who was called
to active duty for a month and spent all his time at the Pentagon before being
released would also be eligible. What the law did was to add an additional
paragraph (C) covering Gulf War veterans to 5 U.S.C. 2108(1) (on who is eligible
for preference). But, significantly, the law made no other changes to existing
law. In particular, it did not change paragraph (4) of section 2108 (the Dual
Compensation Act of 1973), which severely restricts preference entitlement
for retired officers at the rank of Major and above. When the Dual Compensation
Act was under consideration, there was extensive debate in Congress as to
who should be entitled to preference. Congress basically compromised by giving
preference in appointment to most retired military members (except for "high-ranking
officers" who were not considered to need it), but severely limiting
preference in RIF for all retired military because they had already served
one career and should not have preference in the event of layoffs.
So, "otherwise eligible" means that the individual must be eligible
under existing law.
Q. Which provision of the new law contains the 24 month service requirement
for regular military service members on active duty as opposed to reservists
who are called or ordered to active duty?
A. The 24 month service requirement provision is found in Section 5303A of
title 38, United States Code which defines the minimum active-duty service
requirement for those who initially enter active duty after September 7, 1980.
Q. Can an applicant claim preference based on Gulf War service after January
2, 1992?
A. The law specifies that only those on active duty during the period beginning
August 2, 1990, and ending January 2, 1992, are eligible for preference. Applicants
who served on active duty exclusively after these dates would have to be in
receipt of a campaign badge or expeditionary medal.
Q. Are there any plans to extend Veterans' preference to any other groups
of individuals who served on active duty during times of conflict that may
not have served in specific theaters of operation?
A. We are not aware of any plans to extend Veterans' preference to any other
group of individuals.
Q. An applicant is claiming preference based on service in Bosnia, but
he/she has no DD Form 214 to support his claim. Can we give him/her preference?
A. A service member whose record appears to show service qualifying for Veterans'
preference (for example, there is an indication that the person served in
Bosnia in 1996), may be accorded 5 points tentative preference on that basis
alone. However, before the person can be appointed, he or she must submit
proof of entitlement to preference. That proof may be an amended DD Form 214
showing the award of the Armed Forces Expeditionary Medal (AFEM) for Bosnia
in the case of service members who served there and were released prior to
enactment of the recent Veterans' preference amendments, or it may be other
official documentation showing award of the Armed Forces Expeditionary Medal.
Q. How are we to know that a Reservist was, in fact, a) called to active
duty, and b) served the full period for which called? Don't some Reservists
just receive a letter telling them they are being placed on active duty?
A. A Reservist will always have orders placing him (or her) on active duty
-- (it is the only way the Reservist can be paid). While the individual may
also have a letter saying that he or she is being called up, there will always
be orders backing this up. Similarly, when the Reservist is released from
active duty, he or she will always have separation or demobilization orders.
Q. Several employees have come to the agency personnel office claiming
they should have preference under the new law, but they have no proof of service
during the specified period. We are getting ready to issue Reduction In Force
(RIF) notices. Should we take the employees' word for it or wait until they
have proof?
A. The employees cannot be given Veterans' preference without required documentation.
The agency should work with the employee and the appropriate military service
record organizations to obtain this documentation as soon as possible to avoid
having to "rerun" the Reduction In Force at the last minute.
Q. If our agency has "frozen" personnel actions and issued Reduction
In Force notices but the Reduction In Force effective date has not yet arrived,
how can we account for any changes in Veterans' preference status?
A. Regardless of where you are in the process of carrying out the Reduction
In Force, you must correct the Veterans' preference of employees who will
now be eligible as a result of the statute. Veterans' preference cannot be
"frozen" like qualifications or performance appraisals--it must
be corrected right up until the day of the Reduction In Force. If a change
in preference results in a different outcome for one or more employees, amended
Reduction In Force notices must be issued. If such a change results in a worse
offer, the affected employee must be given a full 60/120 day notice period
required by regulation. This may require the agency to use a temporary exception
to keep one or more employees on the rolls past the Reduction In Force effective
date in order to meet this obligation.
Q. Our agency already completed a Reduction In Force effective November
28, 1997. There is at least one separated employee who would now have Veterans'
preference and would not have been separated if we had known about the change
in statute. What do we do now?
A. If an agency finds that an eligible employee reached for Reduction In
Force separation or downgrading effective on or after November 18, 1997, was
not provided retention preference consistent with P.L. 105-85, The Office
of Personnel Management recommends that the agency take appropriate corrective
action.
An employee not provided appropriate retention preference may appeal the Reduction
In Force action to the Merit Systems Protection Board (MSPB). MSPB normally
requires the appeal to be filed within 30 days of the Reduction In Force effective
date, but Merit Systems Protection Board may, at its option, accept later
appeals filed within 30 days of the employee becoming aware of the change.
If an employee was separated or downgraded by Reduction In Force, the agency
should determine whether or not the employee would have been affected differently
based on the change in Veterans' preference. If the employee would still be
separated or downgraded, the agency should correct the employee's notice.
If the employee was separated, the agency should also correct the Reemployment
Priority List (RPL) registration (if any) to accurately reflect their Veterans'
preference.
If the corrective action results in a surplus of employees in one or more
competitive levels, the agency may have to run a new Reduction In Force. However,
the agency cannot retroactively adjust the results of the prior Reduction
In Force.
Q. What if an employee would have been registered as a I-A on the agency's
Reemployment Priority List due to the new law, but has been listed as a I-B?
What is the agency's obligation to make up for any lost consideration as a
result?
A. The employee's registration status on the Reemployment Priority List should
be corrected immediately so that the employee will be considered as a I-A
for the remainder of their time on the Reemployment Priority List. If the
agency finds that a lower standing person was selected over the employee,
the agency must notify the employee of the selection and their right to appeal
to Merit Systems Protection Board. If the employee files an Reemployment Priority
List appeal, Merit Systems Protection Board may order a retroactive remedy
which could include extending the employee's time period for consideration
under the Reemployment Priority List.
A word about Man-Day Tours...
We have received several inquiries concerning the status of "man-day
tours." Specifically, agency personnel offices have asked, "Are
man-day tours considered regular active duty -- and thus qualifying for Veterans'
preference -- or are they really active duty for training and thereby not
qualifying?"
The questions arose because many Air Force Reservists were placed on these
so-called man-day tours -- also known as, active duty in support (ADS) --
for only a few days during the Gulf War and Operation Provide Comfort (in
support of the Kurds) during which they would fly a quick mission to the Gulf,
get the Southwest Asia Service Medal (SWASM) and come home, then be released.
Although they had orders, they received no DD Form 214.
Some agency personnel offices were according these Reservists preference;
while other offices were not. Some Reservists were awarded preference, then
had it withdrawn on the basis that they were only performing active duty for
training.
Based on discussions with the Department of Defense, Office of Reserve Affairs
and Air Force Instruction 36-2619 of 7/22/94, which discusses man-day tours,
man-day tours are apparently regular active duty tours. Therefore, these man-day
tours are qualifying for preference if the individual was awarded the SWASM
or served during the period 8/2/90 to 1/2/92.
This service is also referred to as MPA man-days because it is funded out
of the military appropriation account (MPA), an active duty account. Man-days
support short-term needs of the active force by authorizing no more than 139
days annually to airmen and officers who are typically placed on active duty
under 10 U.S.C. 12301(d) (ordered to active duty with the individual's consent).
This authority should appear on the orders. Man-day tours are supposed to
accommodate a temporary need for personnel with unique skills that cannot
be economically met through the active force.
Based on the above, we have determined that Federal agencies should treat
man-day tours as regular active duty unless there is some clear indication
on the orders that it is active duty for training. Also, please note that
the SWASM (or any campaign or expeditionary medal) is awarded only for active
service in hostile areas; a Reservist performing active duty for training
would not be eligible for one of these medals.
10-Point Compensable Disability Preference (CP)
Ten points are added to the passing examination score or rating of:
- A veteran who served at any time and who has a compensable service-connected disability rating of at least 10 percent but less than 30 percent.
10-Point 30 Percent Compensable Disability Preference (CPS)
Ten points are added to the passing examination score or rating of a
veteran who served at any time and who has a compensable service-connected disability
rating of 30 percent or more.
10-Point Disability Preference (XP)
Ten points are added to the passing examination score or rating of:
- A veteran who served at any time and has a present service-connected disability
or is receiving compensation, disability retirement benefits, or pension from
the military or the Department of Veterans Affairs but does not qualify as
a CP or CPS; or
- A veteran who received a Purple Heart.
10-Point Derived Preference (XP)
Ten points are added to the passing examination score or rating of spouses,
widows, widowers, or mothers of veterans as described below. This type of preference
is usually referred to as "derived preference" because it is based on service
of a veteran who is not able to use the preference.
Both a mother and a spouse (including widow or widower) may be entitled to
preference on the basis of the same veteran's service if they both meet the
requirements. However, neither may receive preference if the veteran is living
and is qualified for Federal employment.
Spouse
Ten points are added to the passing examination score or rating of the
spouse of a disabled veteran who is disqualified for a Federal position along
the general lines of his or her usual occupation because of a service-connected
disability. Such a disqualification may be presumed when the veteran
is unemployed and
- is rated by appropriate military or Department of Veterans Affairs authorities
to be 100 percent disabled and/or unemployable; or
- has retired, been separated, or resigned from a civil service position
on the basis of a disability that is service-connected in origin; or
- has attempted to obtain a civil service position or other position along
the lines of his or her usual occupation and has failed to qualify because
of a service-connected disability.
Preference may be allowed in other circumstances but anything less than the above
warrants a more careful analysis.
NOTE: Veterans' preference for spouses is different than the preference
the Department of Defense is required by law to extend to spouses of active
duty members in filling its civilian positions. For more information on that
program, contact the Department of Defense.
Widow/Widower
Ten points are added to the passing examination score or rating of the widow
or widower of a veteran who was not divorced from the veteran, has not remarried,
or the remarriage was annulled, and the veteran either:
- served during a war or during the period April 28, 1952, through July 1,
1955, or in a campaign or expedition for which a campaign medal has been authorized;
or
- died while on active duty that included service described immediately above
under conditions that would not have been the basis for other than an honorable
or general discharge.
Mother of a deceased veteran
Ten points are added to the passing examination score or rating of the
mother of a veteran who died under honorable conditions while on active duty
during a war or during the period April 28, 1952, through July 1, 1955, or in
a campaign or expedition for which a campaign medal has been authorized; and
- she is or was married to the father of the veteran; and
- she lives with her totally and permanently disabled husband (either the
veteran's father or her husband through remarriage); or
- she is widowed, divorced, or separated from the veteran's father and has
not remarried; or
- she remarried but is widowed, divorced, or legally separated from her husband
when she claims preference.
Mother of a disabled veteran
Ten points are added to the passing examination score or rating of a
mother of a living disabled veteran if the veteran was separated with an honorable
or general discharge from active duty, including training service in the Reserves or National Guard, performed at any time and is permanently
and totally disabled from a service-connected injury or illness; and the mother:
- is or was married to the father of the veteran; and
- lives with her totally and permanently disabled husband (either the veteran's
father or her husband through remarriage); or
- is widowed, divorced, or separated from the veteran's father and has not
remarried; or
- remarried but is widowed, divorced, or legally separated from her husband
when she claims preference.
Note: Preference is not given to widows or mothers of
deceased veterans who qualify for preference under 5 U.S.C. 2108 (1) (B), (C)
or (2). Thus, the widow or mother of a deceased disabled veteran who served after
1955, but did not serve in a war, campaign, or expedition, would not be entitled
to preference.
5 U.S.C. 2108 and 3309; 38 U.S.C. 5303A
Adjudication of Veterans' Preference Claims
Agencies are responsible for adjudicating all preference claims except claims
for preference based on common-law marriage, which should be sent to the Office
of Personnel Management (OPM), Office of the General Counsel, 1900 E.St. NW,
Washington, DC 20415.
5 U.S.C. 3309, 3313 and 5 CFR 332.401, 337.101
Crediting
Experience of Preference Eligibles
In evaluating experience, an examining office must credit a preference eligible's
Armed Forces service as an extension of the work performed immediately prior
to the service, or on the basis of the actual duties performed in the service,
or as a combination of both, whichever would most benefit the preference eligible.
The examining office must also give all applicants credit for job-related experience,
paid and unpaid, including experience in religious, civic, welfare, service
and organizational activities.
5 U.S.C. 3311, 5 CFR 337.101
Physical Qualifications
In determining qualifications, agencies must waive a medical standard or physical
requirement when there is sufficient evidence that the employee or applicant,
with or without reasonable accommodation, can perform the essential duties of
the position without endangering the health and safety of the individual or
others.
Special provisions apply to the proposed disqualification of a preference
eligible with a 30 percent or more compensable disability. See Disqualification
of 30 Percent or more Disabled Veterans below.
5 U.S.C. 3312, 5 CFR Part 339.204
Preference
in Competitive Examinations
Preference eligibles who are qualified for a position and achieved a passing
score have 5 or 10 extra points added to their numerical ratings depending on
which of the previously described categories of preference they meet. This means
the highest possible rating is 110 (a disabled veteran who earns a score of
100 has 10 extra points added).
Names of eligible applicants are placed on lists, or registers of eligibles,
in the order of their ratings. Competitor inventories are established from which
selections will be made over a period of time and for case examining in which
a register is used to fill a single position or a group of positions and is
closed after the needed selection(s) is made.
For scientific and professional positions in grade General Schedule (GS)
- 9 or higher, names of all qualified applicants are listed on competitor
inventories in order of their ratings, augmented by veteran preference, if any.
For all other positions, the names of 10-point preference eligibles
who have a compensable, service-connected disability of 10 percent or more (CP
and CPS) are listed at the top of the register in the order of their ratings
ahead of the names of all other eligibles. The names of other 10-point preference
eligibles, 5-point preference eligibles, and other applicants are listed in
order of their numerical ratings.
A preference eligible is listed ahead of a nonpreference eligible having the
same final rating.
5 U.S.C. 3309, 3313 and 5 CFR 332.401 and 337.101
Filling
a Position Through the Competitive Examining Process
Announcing the Vacancy
To fill a vacancy by selection through the competitive examining process, the
selecting official requests a list of eligibles from the examining office. The
examining office must announce the competitive examining process through USAJOBS.
OPM will notify the State employment service where the job is being filled.
Subsequently, the examining office determines which applicants are qualified,
rates and ranks them based on their qualifications, and issues a certificate
of eligibles, which is a list of eligibles with the highest scores from the
top of the appropriate register. A certificate of eligibles may be used for
permanent, term, or temporary appointment.
The "Rule of Three" and Veteran Passovers
Selection must be made from the highest three eligibles on the certificate
who are available for the job--the "rule of three." However, an agency may not
pass over a preference eligible to select a lower ranking nonpreference eligible
or nonpreference eligible with the same or lower score.
Example: If the top person on a certificate is a 10-point disabled veteran
(CP or CPS) and the second and third persons are 5-point preference eligibles,
the appointing authority may choose any of the three.
Example: If the top person on a certificate is a 10-point disabled veteran
(CP or CPS), the second person is not a preference eligible, and the third person
is a 5-point preference eligible, the appointing authority may choose either
of the preference eligibles. The appointing authority may not pass over the
10-point disabled veteran to select the nonpreference eligible unless an objection
has been sustained.
Disqualifications
of Preference Eligibles
A preference eligible can be eliminated from consideration only if the examining
office sustains the agency's objection to the preference eligible for adequate
reason. These reasons, which must be recorded, include medical disqualification
under 5 CFR Part 339, suitability disqualification under 5 CFR Part 731, or
other reasons considered by the Office of Personnel Management (OPM) or an agency
under delegated examining authority to be disqualifying.
OPM must approve the sufficiency of an agency reason to medically disqualify
or pass over a preference eligible on a certificate based on medical reasons
to select a nonpreference eligible. Special provisions apply to the proposed
disqualification or pass over for any reason of a preference eligible with a
30 percent or more compensable disability. See Disqualification of 30 Percent
or more Disabled Veterans below.
Agencies have delegated authority for determining suitability in accordance
with 5 CFR Part 731.
The preference eligible (or his or her representative) is entitled on request
to a copy of the agency's reasons for the proposed pass over and the examining
office's response.
An appointing official is not required to consider a person who has three times
been passed over with appropriate approval or who has already been considered
for three separate appointments from the same or different certificates for
the same position. But in each of these considerations, the person must have
been within reach under the rule of three and a selection must have been made
from that group of three. Further, the preference eligible is entitled to advance
notice of discontinuance of certification.
5 U.S.C. 3317, 3318 and 5 CFR 332.402, 332.404, 332.405, 332.406, and Parts
339 and 731
Disqualification
of 30 Percent or More Disabled Veterans
The following special provisions apply to disabled veterans with a compensable
service-connected disability of 30 percent or more:
- If an agency proposes to pass over a disabled veteran on a certificate
to select a person who is not a preference eligible, or to disqualify a disabled
veteran based on the physical requirements of the position, it must at the
same time notify both the Office of Personnel Management (OPM) and the disabled
veteran of the reasons for the determination and of the veteran's right to
respond to OPM within 15 days of the date of the notification.
- The agency must provide evidence to OPM that the notice was timely sent
to the disabled veteran's last known address.
- OPM must make a determination on the disabled veteran's physical ability
to perform the duties of the position, taking into account any additional
information provided by the veteran.
- OPM will notify the agency and the disabled veteran of its decision, with
which the agency must comply. If OPM agrees that the veteran cannot fulfill
the physical requirements of the position, the agency may select another person
from the certificate of eligibles. If OPM finds the veteran able to perform
the job, the agency may not pass over the veteran.
- OPM is prohibited by law from delegating this function to any agency.
5 U.S.C. 3312, 3318
Preference
Eligibles and the Nepotism Provision
A public official may not advocate a relative for appointment, employment,
promotion, or advancement, or appoint, employ, promote, or advance a relative,
to a position in an agency in which the public official is employed or over
which he or she exercises jurisdiction or control.
This restriction does not, however, prohibit the appointment of a preference
eligible whose name is within reach for selection on an appropriate certificate
of eligibles when an alternative selection cannot be made from the certificate
without passing over the preference eligible and selecting an individual who
is not a preference eligible.
5 U.S.C. 3110(e) and 5 CFR Part 310, Subpart A
Filing Late Applications
A veteran may file a late application under the following circumstances by
contacting the employing agency. Agencies are responsible for accepting, retaining,
and considering their applications as required by law and regulation regardless
of whether the agency uses case examining or maintains a continuing register
of eligibles.
Applications from 10-point preference eligibles must be accepted, as described
below, for future vacancies that may arise after a case examining register or
continuing register is closed. Agencies must accept applications from other
individuals who are eligible to file on a delayed basis only as long as a case
examining register exists.
- A 10-point preference eligible may file a job application with an
agency at any time. If the applicant is qualified for positions filled from
a register, the agency must add the candidate to the register, even if the
register is closed to other applicants. If the applicant is qualified for
positions filled through case examining, the agency will ensure that the applicant
is referred on a certificate as soon as possible. If there is no immediate
opening, the agency must retain the application in a special file for referral
on certificates for future vacancies for up to three years. The Office of
Personnel Management's Delegated Examining Operations Handbook provides
detailed instructions.
- A preference eligible is entitled to be reentered on each register
(or its successor) where previously listed if he or she applies within 90
days after resignation without delinquency or misconduct from a career or
career-conditional appointment.
- A preference eligible is entitled to be entered on an appropriate
existing register if he or she applies within 90 days after furlough or separation
without delinquency or misconduct from a career or career-conditional appointment
or if found eligible to apply after successfully appealing a furlough or
discharge from career or career-conditional appointment.
- A person who lost eligibility for appointment from a register because of
active duty in the Armed Forces is entitled to be restored to the register
(or its successor) and receive priority consideration when certain conditions
are met. See 5 CFR 332.322 for more details.
- A person who was unable to file for an open competitive examination or
appear for a test because of service in the Armed Forces or hospitalization continuing for up to 1 year following discharge may file after the closing
date if the register of eligibles still exists.
- A Federal employee who was unable to file for an open competitive
examination or appear for a test because of active Reserve duty continuing
beyond 15 days may file after the closing date of an existing register.
5 U.S.C. 3305, 3314, 3315, and 5 CFR 332.311, 332.312, 332.321, 332.322
Temporary
Appointment Outside of Competitive Registers
In making a temporary appointment not to exceed 1 year, agencies may use competitive
registers as discussed above or an alternative ranking process called "outside
the register." (Agencies may also make noncompetitive temporary appointments
under the limited situations in 5 CFR 316.402(b). These noncompetitive appointments
may be made without regard to competitive examining or outside-the-register
procedures but agencies must notify the Office of Personnel Management (OPM)
of the vacancy when the appointment will be for 90 days or more and the
agency will consider applicants from outside the agency.)
Agencies may use "outside-the-register" procedures, described in 5 CFR Part
333, to make a temporary appointment even if they have competitive examining
authority or an existing register for permanent appointment to a similar position. Veterans' preference is applied as described below. Employees selected
do not acquire status or noncompetitive eligibility for a career-conditional
appointment.
Here is a summary of the Part 333 outside-the-register process for making temporary
appointments to competitive service positions. Agencies:
- Issue job announcements and report the announcement to OPM which then notifies
State employment service offices of the vacancy. (See 5 CFR 333.102.)
- Screen applicants to determine whether they meet OPM's qualification standard
for the position.
- Disqualify applicants, as necessary, for medical reasons as provided in
5 CFR Part 339. OPM must approve the sufficiency of an agency reason to medically
disqualify or pass over a preference eligible on a certificate based on medical
reasons to select a nonpreference eligible. Special provisions apply to
the proposed disqualification or Pass over for any reason of a preference
eligible with a 30 percent or more compensable disability. See Disqualification
of 30 Percent or more Disabled Veterans above.
- Refer suitability disqualifications to OPM for final approval, unless OPM
has delegated authority to the agency in accordance with 5 CFR Part 731.
- Rank eligible applicants according to one of two methods:
Method 1
Method 1 is the same as the process for making a permanent appointment through
the competitive examining process. The agency assigns numerical ratings based
on the degree to which each applicant possesses knowledge, skills, and abilities
required by the job to be filled and grants an additional 5 or 10 points to
preference eligibles, as described above under Types of Preference.
The agency ranks candidates as described above under Preference in Competitive
Examinations and makes a selection as described above under Filling
a Position From a Competitive Examination. Method 1 is preferable when
the position requires specialized skills. OR
Method 2
The agency ranks eligible candidates on the basis of their Veterans' preference
status. Method 2 is preferable for jobs that require no specialized qualifications
or when all applicants have substantially the same qualifications.
For professional and scientific jobs at the GS-9 level or above, all
preference eligibles are listed ahead of nonpreference eligibles, but no distinction
is made in the type of preference a candidate has. In other words, an agency
may select any candidate entitled to Veterans' preference.
For all other jobs, agencies first refer preference eligibles with
compensable service-connected disabilities of 10 percent or more (CP and CPS),
then all other preference eligibles, then candidates without Veterans' preference.
A nonpreference eligible may not be selected when a preference eligible is
available, except when objections to preference eligibles are sustained as
discussed above under Filling a Position From a Competitive Examination,
or an appointing authority has three times with appropriate approval passed
over the eligible for the same position and selected another eligible, or
the appointing authority has considered the preference eligible, when within
reach, for three separate appointments for positions at the same grade level
and for the same line of work and selected another eligible.
5 CFR Part 316, Subpart D; 330.102; and Part 333
Excepted Service
Employment
The Veterans' Preference Act requires an appointing authority in the executive
branch to select from among qualified applicants for appointment to excepted
service vacancies in the same manner and under the same conditions required
for the competitive service by 5 U.S.C. 3308-3318. Appointments made with the
advice and consent of the Senate are exempt.
Office of Personnel Management regulations governing the application of Veterans'
preference in excepted appointments are in 5 CFR Part 302.
5 U.S.C. 3320 and 5 CFR Part 302
Administration
and Enforcement of Veterans' Preference
Office of Personnel Management (OPM) is charged with prescribing and enforcing
regulations for the administration of Veterans' preference in the competitive
service in executive agencies. OPM is charged with prescribing regulations for
the administration of Veterans' preference in the excepted service in executive
agencies. Agencies themselves are generally responsible for enforcement.
5 U.S.C. 1302
Veterans' Preference in Reduction in Force
Veterans have advantages over nonveterans in a reduction in force (RIF). Also,
special provisions apply in determining whether retired military members receive
preference in RIF and whether their military service is counted. This chapter
deals with RIF in the competitive service; some, but not all, of the provisions
apply in the excepted service.
Eligibility
for Veterans' Preference in RIF
Determinations of Veterans' preference eligibility are made in accordance with
the information under Preference in Appointments in Chapter 2, except
that a retired member of a uniformed service must meet an additional
condition to be considered a preference eligible for RIF purposes. This condition
differs depending on the rank at which the individual retired from the uniformed
service. Uniformed service as defined in 5 United States Code (U.S.C.) 2101
means the Armed Forces, the commissioned corps of the Public Health Service,
and the commissioned corps of the National Oceanic and Atmospheric Administration.
Retirees below the rank of major (or equivalent) get preference if:
- Retirement from the uniformed service is based on disability that either
resulted from injury or disease received in the line of duty as a direct result
of armed conflict, or was caused by an instrumentality of war and was incurred
in the line of duty during a period of war as defined in section 101(11) of
title 38, U. S. C. "Period of war" includes World War II, the Korean conflict,
Vietnam era, the Persian Gulf War, or the period beginning on the date of
any future declaration of war by the Congress and ending on the date prescribed
by Presidential proclamation or concurrent resolution of the Congress; or
- The employee's retired pay from a uniformed service is not based on 20
or more years of full-time active service, regardless of when performed but
not including periods of active duty for training; or
- The employee has been continuously employed in a position covered by the
5 U.S.C. chapter 35 since November 30, 1964, without a break in service of
more than 30 days.
Retirees at or above the rank of major (or equivalent) get preference if
they are disabled veterans as defined in 5 U.S.C. 2108(2) (includes XP, CP, and
CPS) and also meet one of the criteria above for a person retired below the rank
of major.
A preference eligible who at age 60 becomes eligible as a reservist for retired
pay under 10 U.S.C. chapter 1223 (previously chapter 67) and who retires at
or above the rank of major (or equivalent) is considered a preference eligible
for RIF purposes at age 60 only if he or she is a disabled veteran as defined
in 5 U.S.C. 2108(2) (includes categories XP, CP, and CPS). Receipt of retired
pay under chapter 1223 meets the requirement that retired pay not be based on
20 or more years of full-time active service. Eligibility for retired reservist
pay occurs at age 60; up to that time a reservist is not considered a retired
member of a uniformed service and, if otherwise eligible, is a preference eligible
for reduction in force purposes.
5 U.S.C. 3501, 3502; 5 Code of Federal Regulations (CFR) 351.501
RIF Retention Standing
Employees are ranked on retention registers for competitive levels (groups
of similar jobs) based on four factors: tenure, Veterans' preference, length
of service, and performance.
First they are placed in Tenure Group I, II, or III, depending on their type
of appointment. Within each group, they are placed in a subgroup based on their
veteran status:
- Subgroup AD includes each preference eligible who has a compensable service-connected
disability of 30 percent or more.
- Subgroup A includes all other preference eligibles not in Subgroup AD,
including employees with derived preference (see Chapter 2).
- Subgroup B includes all employees not eligible for Veterans' preference.
Within each subgroup, employees are ranked in descending order by the length of
their creditable Federal civilian and military service, augmented by additional
service according to the level of their performance ratings.
When a position in a competitive level is abolished, the employee affected
(released from the competitive level) is the one who stands the lowest on the
retention register. Because veterans are listed ahead of nonveterans within
each tenure group, they are the last to be affected by a RIF action.
Employees are not subject to a reduction in force while they are serving in
the uniformed services. After return from active duty, they are protected from
RIF action. If they served for more than 180 days, they may not be separated
by RIF for 1 year after their return. If they served for more than 30 but less
than 181 days, they may not be separated by RIF for 6 months.
5 U.S.C. 3502; 5 CFR 351.404(a), 351.606(a), and Subpart E
Assignment
Rights (Bump and Retreat)
When an employee in Tenure Group I or II with a minimally successful performance
rating is released from a competitive level within the competitive area where
the RIF takes place, he or she is entitled under certain circumstances to displace
another employee with lower retention standing. The superior standing of preference
eligibles gives then an advantage in being retained over other employees. These
displacement actions apply to the competitive service although an agency may,
at its discretion, adopt similar provisions for its excepted employees.
Bumping
An employee may bump in the same competitive area to a position no more than
three grades (or grade intervals) lower than the position from which the
employee is released that is held by an employee in a lower group or subgroup.
Retreating
An employee may retreat in the same competitive area to a position held by another
employee with lower retention standing in the same tenure group and subgroup
that is essentially identical to one previously held by the retreating
employee and is no more than three grades (or grade intervals) lower
than the position from which the employee is released.
A preference eligible with a compensable service-connected disability of
30 percent or more may retreat to a position up to five grades (or grade
intervals) lower.
An employee with an unacceptable performance rating has no right to bump or retreat.
An employee with a performance rating of minimally successful may retreat only
to positions held by an employee with the same or lower rating.
Qualifications
In reviewing the qualifications of a preference eligible to determine assignment
rights in a RIF, the agency must waive requirements as described under Physical
Qualifications in Chapter 2. If the veteran involved has a 30 percent or
more compensable disability, special procedures apply as described under Disqualification
of 30 Percent or more Disabled Veterans in Chapter 2. OPM must approve the
sufficiency of the agency's reasons to medically disqualify a 30 percent or
more compensably disabled veteran for assignment to another position in a RIF.
5 U.S.C. 3502, 3504; 5 CFR Part 351, Subpart G, and Part 339
Appeal of RIF Actions
An employee who has been furloughed, separated, or demoted by RIF action has
the right to appeal the action to the Merit Systems Protection Board except
when a negotiated procedure must be used. Assignment to a position at the employee's
same grade or representative rate is not appealable. Appeals must be filed during
the period beginning on the day after the effective date of the RIF action and
ending 30 days after the effective date. Time limits for filing a grievance
under a negotiated procedure are contained in the negotiated agreement.
5 CFR 351.901, Part 1201
Reemployment
Priority for Separated Employees
After a RIF, separated competitive service employees in tenure groups I and
II are listed on the agency's Reemployment Priority List. The agency generally
may not hire from most outside sources when qualified employees are on the List.
In hiring from the List, preference eligibles receive preference over other
employees. Excepted service employees separated by RIF receive similar priority
in excepted employment.
5 U.S.C. 3315; 5 CFR Part 330, Subpart B, and Part 302
Miscellaneous Provisions Pertaining to Veterans
Jobs
Restricted to Preference Eligibles
Appointment through competitive examination and "outside the register" procedures
for positions of guards, elevator operators, messengers, and custodians are
restricted to preference eligibles when they are available.
Title 5 United States Code (U.S.C.) 3310; Title 5 Code of Federal Regulations
(CFR) Part 330, Subpart D
Reinstatement
Preference eligibles, including those with derived preference, who served under
career or career-conditional appointment for any period of time have lifetime
reinstatement eligibility to any competitive service position for which qualified.
They have this eligibility regardless of whether their Armed Forces service
occurred before or after career or career-conditional appointment. Competition
under the agency's merit promotion plan is required if the position is at a
higher grade level or has more promotion potential than a position previously
held.
5 U.S.C. 3316; 5 CFR Part 315, Subpart D
180-Day
Restriction on Department Of Defense (DOD) Employment of Military Retirees
A retired member of the Armed Forces may not be appointed to a civilian position
in DOD (including a nonappropriated fund position) within 180 days after retirement
unless:
- the Secretary concerned authorizes the appointment; or
- the position is authorized special pay under 5 U.S.C. 5305; or
- a state of national emergency exists.
Although the Office of Personnel Management (OPM) approval is required by law,
OPM has delegated the authority to DOD to make these determinations.
5 U.S.C. 3326; no regulation
Reduction
in Military Retired Pay (Repealed)
On October 5, 1999, President Clinton signed the National Defense Authorization
Act for Fiscal Year 2000 (P.L.106-65). Section 651 of this law repeals section
5532 of title 5, United States Code. This action ends the reductions in retired
or retainer pay previously required of retired members of a uniformed service
who are employed in a civilian office or position of the U.S. Government. This
repeal is effective retroactively to October 1, 1999.
The repeal ends two former reductions in military retired pay that applied
to some Federal employees:
- the pay cap that limited the combined total of Federal civilian basic salary
plus military retired pay to $110,700 (Executive Level V) for all Federal
employees who are retirees of a uniformed service; and
- the partial reduction in retired pay required of retired officers of a
regular component of a uniformed service.
As a consequence of the repeal, prior exceptions and waivers to these reductions
approved by OPM, or by agencies under delegated authority, are no longer needed
effective October 1, 1999.
The uniformed services finance centers are responsible for making all adjustments
in military retired or retainer pay for current Federal employees.
Affirmative
Action for Certain Veterans Under Title 38
Section 4214 of title 38, U.S.C., was enacted as part of the Veterans Readjustment
Appointment Act of 1974. This act placed into law the provisions of the executive
order that authorized the noncompetitive appointment of Vietnam era veterans
under Veterans Readjustment Appointment (VRA), now known as Veterans Recruitment
Appointments.
The law also requires a separate affirmative action program for disabled veterans
as defined in 38 U.S.C. 4214. The program is part of agency efforts to hire,
place, and advance persons with disabilities under the Rehabilitation Act of
1973 [29 U.S.C. 791(b)]. Title 38 does not provide any preference for veterans;
preference is provided only under title 5, U.S.C. Rather, section 4214 calls
upon agencies to:
- provide placement consideration under special noncompetitive hiring authorities
for VRA eligibles and 30 percent or more disabled veterans; and
- ensure that all veterans are considered for employment and advancement
under merit system rules; and
- establish an affirmative action plan for the hiring, placement, and advancement
of disabled veterans.
38 U.S.C. 4214; 5 CFR Part 720, Subpart C
Service Credit
Service
Credit for Leave Rate Accrual and Retirement
Not Retired from Uniformed Service
For non-retired members, full credit for uniformed service (including active
duty and active duty for training) performed under honorable conditions is given
for leave accrual purposes, and for retirement purposes provided a deposit,
as required by law, is made to the retirement fund. Uniformed service as defined
in 5 U.S.C. 2101 means the Armed Forces, the commissioned corps of the Public
Health Service, and the commissioned corps of the National Oceanic and Atmospheric
Administration.
Veterans first employed in a position covered by the Civil Service Retirement
System (CSRS) on or after October 1, 1982, or in a position covered by the Federal
Employee Retirement System (FERS) on or after January 1, 1984, must make a
deposit to the retirement fund of 7 percent (for CSRS) or 3 percent (for
FERS) of basic military pay to obtain retirement credit.
Veterans employed in civil service positions before October 1, 1982, have the
option of either making a deposit to cover their military service or having
their civil service annuity recomputed to delete post-1956 military service
if they are eligible for social security at age 62.
If civilian service is interrupted by uniformed service, special rules apply
(see Chapter 7, Restoration After Uniformed Service).
Retired from Uniformed Service
Credit for uniformed service is substantially limited for retired members.
In enacting the Dual Compensation Act in 1964, Congress adopted a compromise
between the view that retired members should receive preference and full credit
for their service and the view that there should be no advantage for retired
members.
For leave accrual, retirees receive credit only for:
- actual service during a war declared by Congress (includes World War II
covering the period December 7, 1941, to April 28, 1952) or while participating
in a campaign or expedition for which a campaign badge is authorized; or
- all active duty when retirement was based on a disability received as a
direct result of armed conflict or caused by an instrumentality of war and
incurred in the line of duty during a period of war as defined in 38 U.S.C.
101(11). "Period of war" includes World War II, the Korean conflict, Vietnam
era, the Persian Gulf War, or the period beginning on the date of any future
declaration of war by the Congress and ending on the date prescribed by Presidential
proclamation or concurrent resolution of the Congress.
For retirement:
An employee must waive military retired pay to receive any credit for military
service unless the retired pay is awarded based on a service-connected disability
incurred in combat with an enemy of the United States or caused by an instrumentality
of war and incurred in the line of duty during a period of war as defined by
38 U.S.C. 301, or awarded under 10 U.S.C. chapter 1223 (previously chapter 67).
5 U.S.C. 6303, 8332 and 8411(c); and the CSRS and FERS Handbook
Creditable
Service for RIF--Not Retired from Uniformed Service
Total time in active service in the Armed Forces, including active duty and
active duty for training as defined in 37 U.S.C. 101, is credited for reduction
in force purposes for those who are not retired members, regardless of the type
of discharge.
If civilian service is interrupted by uniformed service, special rules apply
(see Chapter 5 on "Restoration After Uniformed Service").
Creditable
Service for RIF--Retired from Uniformed Service
Credit for uniformed service is substantially limited for retired members.
In enacting the Dual Compensation Act in 1964, Congress adopted a compromise
between the view that retired members should receive preference and full credit
for their service and the view that there should be no advantage for retired
members. Thus, retirees receive credit only as follows:
- A uniformed services retiree who is a preference eligible for RIF purposes
receives service credit for all active duty. Other retirees receive service
credit only for active duty during a war as defined in Chapter 2, or service
in a campaign or expedition for which a campaign badge has been authorized.
See Eligibility for VeteransPreference in RIF in this chapter to
determine if a retiree is a preference eligible for RIF purposes.
5 U.S.C. 3501, 3502; 5 CFR 351.501(d), 351.503
Creditable
Service for Severance Pay
In computing the amount of severance pay a separated employee receives, credit
is given only for military service performed by an employee who returns to civilian
service by exercising a restoration right under law, executive order, or regulation.
Military service performed prior to an individual's Federal civilian service
is not creditable for severance pay purposes.
5 U.S.C. 5595; 5 CFR 550.708
Special Appointing Authorities for Veterans
Veterans
Recruitment Appointment (VRA) Authority
The VRA is a special authority by which agencies can, if they wish, appoint
eligible veterans without competition to positions at any grade level through
General Schedule (GS) 11 or equivalent. (The promotion potential of the position
is not a factor.) VRA appointees are hired under excepted appointments to positions
that are otherwise in the competitive service. There is no limitation to the number
of VRA appointments an individual may receive, provided the individual is otherwise
eligible.
If the agency has more than one VRA candidate for the same job and one (or
more) is a preference eligible, the agency must apply the Veterans' preference
procedures prescribed in 5 Code of Federal Regulations (CFR) Part 302 in making
VRA appointments. A veteran who is eligible for a VRA appointment is not automatically
eligible for Veterans' preference.
After two years of satisfactory service, the agency must convert the veteran
to career or career-conditional appointment, as appropriate.
Eligibility Criteria:
The Jobs for Veterans Act, Public Law 107-288, amended title 38 U.S.C. 4214 by making a major change in the eligibility criteria for obtaining a Veterans Recruitment Appointment (VRA). Those who are eligible:
- Disabled veterans; or
- Veterans who served on active duty in the Armed Forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or
- Veterans who, while serving on active duty in the Armed Forces, participated in a United States military operation for which an Armed Forces Service Medal was awarded; or
- Recently separated veterans.
Veterans claiming eligibility on the basis of service in a campaign or expedition for which a medal was awarded must be in receipt of the campaign badge or medal.
In addition to meeting the criteria above, eligible veterans must have been separated under honorable conditions (i.e., the individual must have received either an honorable or general discharge).
Note: Under the eligibility criteria, not all 5-point preference eligible veterans may be eligible for a VRA appointment. For example, a veteran who served during the Vietnam era (i.e., for more than 180 consecutive days, after January 31, 1955, and before October 15, 1976) but did not receive a service-connected disability or an Armed Forces Service medal or campaign or expeditionary medal would be entitled to 5 pt. veterans' preference. This veteran, however, would not be eligible for a VRA appointment under the above criteria.
As another example, a veteran who served during the Gulf War from August 2, 1990, through January 2, 1992, would be eligible for veterans' preference solely on the basis of that service. However, service during that time period, in and of itself, does not confer VRA eligibility on the veteran unless one of the above VRA eligibility criteria is met.
Lastly, if an agency has 2 or more VRA candidates and 1 or more is a preference eligible, the agency must apply Veterans' preference. For example, one applicant is VRA eligible on the basis of receiving an Armed Forces Service Medal (this medal does not confer veterans' preference eligibility). The second applicant is VRA eligible on the basis of being a disabled veteran (which does confer veterans' preference eligibility). In this example, both individuals are VRA eligible but only one of them is eligible for Veterans' preference. As a result, agencies must apply the procedures of 5 CFR 302 when considering VRA candidates for appointment.
Making Appointments
Ordinarily, an agency may simply appoint any VRA eligible who meets the basic
qualifications requirements for the position to be filled without having to
announce the job or rate and rank applicants. However, as noted, Veterans' preference
applies in making appointments under the VRA authority. This means that if an
agency has 2 or more VRA candidates and 1 or more is a preference eligible,
the agency must apply Veterans' preference. Furthermore, an agency must consider
all VRA candidates on file who are qualified for the position and could reasonably
expect to be considered for the opportunity; it cannot place VRA candidates
in separate groups or consider them as separate sources in order to avoid applying
preference or to reach a favored candidate.
Terms and Conditions of Employment
A VRA appointee may be promoted, demoted, reassigned, or transferred in the
same way as a career employee. As with other competitive service employees,
the time in grade requirement applies to the promotion of VRAs. If a VRA-eligible
employee is qualified for a higher grade, an agency may, at its discretion,
give the employee a new VRA appointment at a higher grade up through GS-11 (or
equivalent) without regard to time-in-grade.
Agencies must establish a training or education program for any VRA appointee
who has less than 15 years of education. This program should meet the needs
of both the agency and the employee.
Appeal Rights
During their first year of employment, VRA appointees have the same limited
appeal rights as competitive service probationers, but otherwise they have the
appeal rights of excepted service employees. This means that VRA employees who
are preference eligibles have adverse action protections after one year (see
Chapter 7). VRA's who are not preference eligibles do not get this protection
until they have completed 2 years of current continuous employment in the same
or similar position.
Nonpermanent Appointment Based on VRA Eligibility
Agencies may make a noncompetitive temporary or term appointment based on an
individual's eligibility for VRA appointment. The temporary or term appointment
must be at the grades authorized for VRA appointment but is not a VRA appointment
itself and does not lead to conversion to career-conditional.
38 U.S.C. 4214; Pub. L. 107-288; 5 CFR Part 307; 5 CFR 752.401 (c)(3)
30 Percent
or More Disabled Veterans
An agency may give a noncompetitive temporary appointment of more than 60 days
or a term appointment to any veteran:
- retired from active military service with a disability rating of 30 percent
or more; or
- rated by the Department of Veterans Affairs (VA) since 1991 or later to include
disability determinations from a branch of the Armed Forces at any time,
as having a compensable service-connected disability of 30 percent or more.
There is no grade level limitation for this authority, but the appointee must
meet all qualification requirements, including any written test requirement.
The agency may convert the employee, without a break in service, to a career
or career-conditional appointment at any time during the employee's temporary
or term appointment.
5 U.S.C. 3112; 5 CFR 316.302, 316.402 and 315.707
Disabled
Veterans Enrolled in a VA Training Program
Disabled veterans eligible for training under the VA vocational rehabilitation
program may enroll for training or work experience at an agency under the terms
of an agreement between the agency and VA. While enrolled in the VA program,
the veteran is not a Federal employee for most purposes but is a beneficiary
of the VA.
Training is tailored to the individual's needs and goals, so there is no set
length. If the training is intended to prepare the individual for eventual
appointment in the agency rather than just provide work experience, the
agency must ensure that the training will enable the veteran to meet the qualification
requirements for the position.
Upon successful completion, the host agency and VA give the veteran a Certificate
of Training showing the occupational series and grade level of the position
for which trained. The Certificate of Training allows any agency to appoint
the veteran noncompetitively under a status quo appointment which may be converted
to career or career-conditional at any time.
38 U.S.C. chapter 31; 5 CFR 3.1 and 315.604
Veterans
Employment Opprtunities Act of 1998
The Veterans Employment Opportunities Act of 1998 as amended by Section 511
of the Veterans Millennium Health Care Act (Pub. Law 106-117) of November 30,
1999, provides that agencies must allow eligible veterans to apply for positions
announced under merit promotion procedures when the agency is recruiting from
outside its own workforce. ("Agency," in this context, means the parent
agency, i.e., Treasury, not the Internal Revenue Service and the Department
of Defense, not Department of the Army.) A VEOA eligible who competes
under merit promotion procedures and is selected will be given a career or career
conditional appointment. Veterans' preference is not a factor in these
appointments. {Click here for Qs and As}
Eligibility Requirements
To be eligible for a VEOA appointment, a veteran must:
- be a preference eligible OR veteran separated after 3 or more years
of continuous active service performed under honorable conditions. Veterans
who were released shortly before completing a 3-year tour are considered to
be eligible. ("Active service" defined in title 37, United States Code,
means active duty in the uniformed services and includes full-time training
duty, annual training duty, full-time National Guard duty, and attendance,
while in the active service, at a school designated as a service school by
law or by the Secretary concerned.)
Terms and Conditions of Employment
Veterans who were appointed before the 1999 amendments to the VEOA were given
Schedule B appointments in the excepted service. Those veterans who actually
competed under merit promotion procedures will be converted to career conditional
appointments retroactive to the date of their original VEOA appointments.
Those who did not compete and were appointed noncompetitively will remain under
Schedule B until they do compete. While under Schedule B, these employees
may be promoted, demoted, or reassigned at their agency's discretion and may
compete for jobs (whether in their own or other agencies) under the terms and
conditions of the VEOA authority -- i.e., they may apply when the agency has
issued a merit promotion announcement open to candidates outside the agency.
If selected, they, too, will be given career conditional appointments.
All employees appointed under the VEOA are subject to a probationary period
and to the requirements of their agency's merit promotion plan.
Agencies should use ZBA-Pub. L. 106-117, Sec 511 as the legal authority for
any new appointments under the VEOA. This new authority code is effective December
1, 1999, and may be used with nature of action codes 100, 101, 500, and 501.
Appeal Rights
Employees who are appointed in the competitive service have the appeal rights
of competitive service employees. Those under Schedule B have the appeal
rights of excepted service employees.
A Word About VEOA
The VEOA gives preference eligibles or veterans access and opportunity to apply for positions for which the agency is accepting applications beyond its own workforce under merit promotion procedures. Access and opportunity are not an entitlement to the position and it is not a guarantee for selection.
Agencies announcing a position outside their workforces have three options for posting their vacancy announcements. Agencies can:
- Post a merit promotion "internal" vacancy announcement. When posting a merit promotion announcement, the agency must include information concerning consideration under the VEOA. This option meets the intent of the law that allows the VEOA preference eligibles or veterans to compete with "status" candidates for these vacancies under merit promotion procedures.
- VEOA eligibles are rated and ranked with other merit promotion candidates under the same assessment criteria such as a crediting plan but veterans' preference is not applied. The appointing official may select any candidate from those who are among the best qualified. If selected, the VEOA eligible is given a career or career-conditional appointment, as appropriate.
- Post a Delegated Examining Unit (DEU) "external" vacancy announcement for "all sources." Posting the announcement as "all sources," the VEOA eligible is treated in the same manner as any other applicant and VEOA accords no advantage. If the VEOA eligible is qualified and within reach for referral, he or she is referred on the DEU list of eligibles.
With an "all sources" announcement, most agencies consider applicants under a variety of other appointing authorities, such as, merit promotion, Veterans' Recruitment Appointment (VRA) or Schedule A of the excepted service. If the agency chooses to consider VEOA eligibles with the merit promotion candidates, the agency must include specific application instructions for the VEOA eligible in the vacancy announcement that are consistent with the agency's policies and procedures for accepting and processing applications.
- Post two separate vacancy announcements – DEU and merit promotion. The VEOA eligible may apply for both announcements since the agency posted the vacancy announcements separately. The VEOA eligible is given two opportunities to be considered for one position and must be referred and considered on both lists, if eligible under the applicable procedures. The agency cannot remove the VEOA eligible from either list to make a selection. This means the agency may not deny consideration under one referral, e.g., DEU, because the VEOA eligible is being considered under a different referral, e.g., merit promotion.
Questions and Answers
Q. Do the amendments made by Pub. L. 106-117 mean that agencies may no
longer use authority code YKB/SchB 213.3202(n) to appoint eligible veterans
under the Veterans Employment Opportunities Act of 1998 (VEOA)?
A. As of the date of enactment of the new amendments (November 30, 1999),
agencies should not make any new appointments under the Schedule B authority.
However, we are allowing a 1-month grace period to cover any appointments
under the Schedule B authority that may already have been in progress.
Q. If VEOA-eligible veterans should no longer be appointed under the above
Schedule B authority, how are they appointed?
A. The law provides that veterans who compete under agency Merit Promotion
procedures open to candidates outside the agency ("agency" in this
context means the parent agency such as Treasury, not IRS), and who are selected
from among the best qualified, are to be given career conditional (career
if appropriate) appointments. Agencies should use the authority ZBA-Pub.L.
106-117, Sec 511 for these appointments.
Q. What happens to veterans who were appointed under Schedule B?
A. Agencies should first determine whether their Schedule B appointees actually
competed under Merit Promotion procedures or were selected noncompetitively
as a separate source of eligibles.
Those veterans who competed under agency Merit Promotion procedures are to
be converted to career conditional (or career) retroactive to the date of
their original appointments. These individuals will have been serving probation
as of the original date of their appointments and this must be made clear
to the employees.
Those veterans who did not compete under an agency Merit Promotion announcement
and were given a Schedule B appointment noncompetitively, remain under Schedule
B until such time as they can be appointed based on competition – either
under Merit Promotion procedures open to candidates outside the agency or
through an open competitive announcement. Because an employee may remain under
the Schedule B authority until such time as he or she is selected competitively,
we are leaving the authority in place indefinitely. This means that an employee
may choose to remain under Schedule B indefinitely; he or she may not be required
to compete for a career conditional position.
Q. Did the new amendments change the eligibility criteria for appointment
under the VEOA?
A. Yes. Prior to these amendments, a veteran had to be either a preference
eligible or have at least 3 years of continuous active duty military service
in order to qualify for appointment under the VEOA. The new amendments provide
that OPM is authorized to regulate the circumstances under which individuals
who were released from active duty "shortly before completing 3 years
of active duty" may be appointed. In our interim regulations implementing
this provision, we are proposing to use the term "substantially completed
an initial 3-year term." Agencies will then decide, in individual cases,
whether a candidate has met this standard. In general, most individuals completing
an initial 3-year military tour are typically released a few days early. These
individuals, if otherwise qualified, should be considered eligible.
Q. Does Veterans' preference apply to appointments under the VEOA?
A. No. Veterans preference does not apply to merit promotion actions.
Q. Are eligible veterans permitted to apply for vacancies that are open
to CTAP candidates only?
A. No. Since CTAP is limited to internal agency candidates, VEOA eligibles
may not apply.
Q. Are eligible veterans permitted to apply for vacancies that are open
to ICTAP candidates only?
A. Yes. Since ICTAP is open to candidates outside the agency, the law requires
that VEOA eligibles be allowed to apply.
Q. Do VEOA appointees serve a probationary period?
A. Yes. Since they are appointed in the competitive service, they are subject
to a probationary period. Please note, however, that for those employees converted
from the Schedule B authority, prior service counts towards completion of
probation provided it is in the same agency, same line of work, and without
a break in service. Where applicable, agencies must inform individuals that
their original appointment under the VEOA authority marked the beginning of
a probationary period.
Q. Can VEOA candidates be considered for temporary and term positions?
A. No. Because VEOA mandates that eligible veterans be given career or career
conditional appointments, temporary or term appointments cannot be offered.
Q. Can a current career/career conditional employee who lacks time-in-grade
or who is outside the stated area of consideration, apply as a VEOA candidate
under an agency merit promotion announcement and, if selected, be given a
new career/career conditional appointment using the VEOA appointing authority?
A. No. The VEOA was specifically intended to open up opportunities for veterans
that would OTHERWISE be closed to them because the agency was limiting its
announcement to so-called "status" candidates. The VEOA does not
exempt Federal employees who happen to be veterans from the provisions of
law and regulation that apply to all employees. Such an employee remains subject
to the agency's Merit Promotion Plan -- which means that he or she is also
subject to the area of consideration and eligibility criteria such as time
in grade. The VEOA is not a noncompetitive-entry authority like the VRA where
an employee could be given a new appointment at a higher grade.
Q. We understand that VEOA eligibles are expected to compete with agency
merit promotion eligibles under the agency's merit promotion plan. But, is
the agency expected to create a different crediting plan for considering VEOA
candidates?
A. No. VEOA candidates are considered along with agency candidates, and under
the same crediting plan.
Q. To be eligible for an appointment under the VEOA authority, a veteran
must be "separated" from the service. Does this mean that he or
she cannot apply and be considered until actually separated?
A. No. Whether or not to consider someone who is still in the military is
entirely at the discretion of the employing agency. By law, a person on military
duty cannot be appointed to a civilian position (unless on terminal leave),
but he or she can certainly be considered should the agency wish to do so.
The determining factor, here, should be whether the person will be available
when the agency needs to have the job filled.
Q. Can an employee who is currently employed under an excepted Schedule
B appointment under VEOA apply for a competitive service position at a higher
grade if he or she does not meet time-in-grade-requirements?
A. Yes. Although 5 CFR 300.603(a) says that time in grade normally applies
to someone holding an excepted position who is applying for a General Schedule
position at a higher grade, an exception is provided under paragraph (b)(2)
of this section that reads as follows: "Noncompetitive appointment based
on a special authority in law or Executive order (but not including transfer
or reinstatement) made in accordance with all requirements applicable to new
appointments under that authority." (Emphasis added)
Although the appointment in question may not technically be a "noncompetitive
appointment" (because the individual is competing under agency merit
promotion procedures), for purposes of the time in grade restriction, it is
treated as such. The key factor, here, is that the new appointment is being
made in accordance with all requirements applicable to new appointments under
the VEOA authority.
5 U.S.C. 3304, 3330; 5 CFR 213.3202 (n) and 335.106
Restoration after Uniformed Service
Basic Entitlement
Any Federal employee, permanent or temporary, in an executive agency other
than an intelligence agency, but including the U.S. Postal Service, Postal Rate
Commission, and nonappropriated fund activity, who performs duty with a uniformed
service (including active duty, active duty for training, or inactive duty training),
whether voluntary or involuntary, is entitled to be restored to the position
he or she would have attained had the employee not entered the uniformed service,
provided the employee:
- gave the agency advance notice of departure except where prevented by military
circumstances; and
- was released from uniformed service under honorable conditions; and
- served no more than a cumulative total of 5 years (exceptions are allowed
for training and involuntary active duty extensions, and to complete an initial
service obligation of more than 5 years); and
- applies for restoration within the appropriate time limits.
Employees in the intelligence agencies have substantially the same rights, but
are covered under agency regulations rather than the Office of Personnel Management's
(OPM) and have different appeal rights.
While on duty with the uniformed services, the agency carries the employee
on leave without pay unless the employee requests separation. A separation under
these circumstances does not affect restoration rights.
Uniformed service as defined in 38 United States Code (U.S.C.) 4303(16) means
the Armed Forces; the Army and Air National Guard when engaged in active duty
for training, inactive duty training, or full-time National Guard duty; the
commissioned corps of the Public Health Service; and any other category of persons
designated by the President in time of war or emergency.
Title 38 U.S.C. chapter 43; Title 5 Code of Federal Regulations (CFR) Part
353
Advising
Employees / Resolving Employment Conflicts
Agencies must tell employees who enter the service about their entitlements,
obligations, benefits, and appeal rights.
Employees in a Reserve component have an obligation both to the military and
to their civilian employers. Because of military downsizing, the Reserves are
being used increasingly to complement the active duty component on operational
missions that go beyond week-end drills and summer training. As a result, some
conflict may be unavoidable and good-faith efforts by the employee and the agency
are needed to resolve any differences.
Agencies may not question the timing, frequency, duration, and nature of the
uniformed service, but employees are obligated to try to minimize the agency's
burden. For example, Department of Defense (DOD) directives provide that it
is DOD policy for Reserve component members to give their employer as much advance
written notice as practicable of any pending military duty.
When there is a conflict between the Reserve duty and the legitimate needs
of the agency, the agency may contact appropriate military authorities (typically,
the unit commander) to express concern or to determine if the military service
could be rescheduled or performed by another member. If military authorities
determine that the service is necessary, the agency is required to permit the
employee to go.
Time Limits
Employees who served in the uniformed services:
- Less than 31 days (or who leave to take a fitness exam for service)
must report back to work at the beginning of the next regularly scheduled
work day following their completion of service and the expiration of 8 hours
after a time for safe transportation back to the employee's residence.
- More than 30 but less than 181 days must apply for reemployment
no later than 14 days after completion of service.
- More than 180 days have 90 days after completion of service to apply
for restoration.
Employees who fail to meet these time limits are subject to disciplinary action.
Agencies must reemploy as soon as practicable, but no later than 30 days
after receiving the application. Agencies have the right to ask for documentation
showing the length and character of the employee's service and the timeliness
of the application.
Positions to Which
Restored
Employees who served less than 91 days must be placed in the position
for which qualified that they would have attained had their employment not been
interrupted. If not qualified for such position after reasonable efforts by
the agency to qualify the person, the employee is entitled to be placed in the
position he or she left.
Employees who served more than 90 days have essentially the same rights
as described above except that the agency has the option of placing the employee
in a position for which qualified of like seniority, status, and pay.
Employees with service-connected disabilities who are not qualified
for the above must be reemployed in a position that most closely approximates
the position they would have been entitled to, consistent with the circumstances
in each case.
Employees who were under time-limited appointments finish the unexpired
portion of their appointments upon their return.
Service Credit
Upon restoration, employees are generally treated as though they had never
left. This means that time spent in the uniformed services counts for seniority,
within-grade increases, completion of probation, career tenure, retirement,
and leave rate accrual. (Employees do not earn sick or annual leave while off
the rolls or in a nonpay status.)
To receive civil service retirement credit for military service, a deposit
to the retirement fund is usually required to cover the period of military service.
Only active, honorable military service is creditable for retirement purposes.
If the employee is under the Civil Service Retirement System (CSRS), a deposit
of 7 percent of military basic pay (plus interest under certain conditions)
is required. The deposit is 3 percent if the employee is under the Federal Employees
Retirement System (FERS). However, these amounts may be different if:
- the employee's creditable civilian service was interrupted by military
duty; and
- reemployment occurred pursuant to 38 U.S.C. chapter 43 on or after August
1, 1990.
In such a situation, the contribution is either the above-prescribed amount or
the amount of civilian retirement deductions which would have been withheld had
the individual not entered uniformed service if this amount is less than the normal
deposit for military service.
National Guard Service
Special rules apply to crediting National Guard service.
Prior to the enactment of Public Law 103-353 in October 1994, National Guard
service was creditable military service for civil service retirement only when
the National Guard was activated in the service of the United States.
The 1994 law made full-time National Guard service (as defined by 10 U.S.C.
101(d)) which interrupted creditable Federal civilian employment under CSRS
or FERS and was followed by restoration under chapter 43 of title 38, U.S.C.,
on or after August 1, 1990, creditable as military service.
OPM Placement
If the employing agency is unable to reemploy an individual returning from
duty with a uniformed service, OPM will order placement in another agency when:
- OPM determines that it is impossible or unreasonable for an agency in the
executive branch (other than an intelligence agency) to reemploy the person;
or
- an intelligence agency or an agency in the legislative or judicial branch
notifies OPM that it is impossible or unreasonable to reemploy the person,
and the person applies to OPM for placement assistance; or
- a noncareer National Guard technician who is not eligible for continued
membership in the Guard for reasons beyond his or her control applies to OPM
for placement assistance.
Employee Protections
Employees are not subject to a reduction in force while they are serving
in the uniformed services. If they served for more than 180 days, they may not
be separated, except for cause, for 1 year after their return. If they served
for more than 30 but less than 181 days, they may not be separated, except
for cause, for 6 months. (Reduction in force is not considered "for cause"
under OPM's regulations.)
The law expressly prohibits any kind of discrimination or act of reprisal against
an applicant or employee because of his or her application, membership or service
in the uniformed services.
Paid Military Leave
Each fiscal year, employees under permanent appointment are entitled to 15
days (120 hours) of military leave, with pay, to perform active duty, active
duty training, or inactive duty training as a member of a Reserve component
or National Guard. Reservists may use military leave to cover drill periods
or to perform funeral honors duty since both are considered inactive duty training
for the purposes of military leave. Part-time employees and employees on uncommon
tours of duty are entitled to military leave pro-rated according to the number
of hours in the regularly scheduled tour of duty, e.g., an employee who works
20 hours a week earns 7 days (56 hours) of military leave.
Employees may carry over 15 (120 hours) days of unused military leave into a
new fiscal year. Therefore, potentially they may have a total of 30 (240 hours)
days to use in any one fiscal year. This means that Reservists whose military
duty spans two fiscal years may use up to 45 days of military leave at one time.
Military leave should be credited to a full-time employee on the basis of an
8-hour workday. The minimum charge to leave is 1 hour. An employee may be charged
military leave only for hours that the employee would otherwise have worked
and received pay. Employees who request military leave for inactive duty training
(which generally is 2, 4, or 6 hours in length) are charged only the amount
of military leave necessary to cover the period of training and necessary travel.
Members of the Reserves or and National Guard are not charged military leave
for weekends and holidays that occur within the period of military service.
Upon request, an employee performing duty with the uniformed services is entitled
to use either accrued annual leave or military leave for such service.
5 U.S.C. 6323; Comptroller General opinions: B-227222 (11/05/78), B-211249
(09/20/83), and B-241272 (02/15/91)
Life and Health Insurance
The life insurance of an employee who takes leave without pay to enter the
uniformed services continues for up to 12 months. If the employee separates,
life insurance continues for up to 12 months, or 90 days after uniformed service
ends, whichever is sooner. There is no cost to the employee for this extension
of coverage.
Employees who enter the uniformed services may elect to have their health
insurance coverage continue for up to 12 months, and the employee continues
to pay his or her share of the premium. Employees who remain in the uniformed
services beyond 12 months may continue their health insurance for an additional
6 months by paying 102 percent of the premium, i.e., the employee's share, the
Government's share, and a 2 percent administrative fee.
5 CFR Parts 870.501 and 890.303, 304, 305, 502
Thrift Savings
Employees who perform uniformed service may make up any contributions to the
thrift savings plan they missed because of such service.
5 CFR Part 1620
Special Redress And Appeals
The redress and appeal rights available to veterans under law depend upon the
nature of the action being appealed. These actions fall into the following categories:
Adverse Actions
Preference eligibles have protections against adverse actions, including demotion,
suspension for more than 14 days, furlough for 30 days or less, and removal.
These protections include advance notice, a reasonable time to respond, representation
by an attorney or other person, a final written decision, and an appeal right
to the Merit Systems Protection Board.
The law provides adverse action rights to preference eligibles of any rank
who are:
- under career or career-conditional appointment and not serving probation.
- under competitive service appointments other than a temporary appointment
not to exceed 1 year or less and who have completed 1 year of continuous service.
- under excepted appointment in an executive agency, the U.S. Postal Service
or the Postal Rate Commission and who have completed 1 year of current continuous
service in the same or similar positions. Because the law also exempts certain
categories of excepted employees, it is always necessary to check the law
in specific cases.
Title 5 United States Code (U.S.C.) 2108 (4) chapters 43 and 75; Title 5 Code
of Federal Regulations (CFR) Parts 432 and 752
Reduction in Force
Employees who believe that an agency has not complied with the law or with
the Office of Personnel Management's (OPM) regulations governing reduction in
force may appeal to the Merit Systems Protection Board as discussed in Chapter 3.
5 CFR 351.901
Restoration
after Uniformed Service
Applicants or employees who believe that an agency has not complied with the
law or with OPM regulations governing the restoration rights of employees who
perform duty with the uniformed services may file a complaint with the Department
of Labor's local Veterans Employment and Training Service office or appeal directly
to the Merit Systems Protection Board.
38 U.S.C. chapter 43
Other Actions
The Veterans Employment Opportunities Act of 1998 allows preference eligibles
to complain to the Department of Labor's Veteran's Employment and Training Service
(VETS) when the person believes an agency has violated his or her rights under
any statute or regulation relating to Veterans' preference.
Under a separate Memorandum of Understanding (MOU) between OPM and Department
of Labor, eligible veterans seeking employment who believe that an agency
has not properly accorded them their Veterans' preference, failed to list jobs
with State employment service offices as required by law, or failed to provide
special placement consideration noted above, may file a complaint with the local
Department of Labor VETS representative (located at State employment service
offices). To be eligible to file a complaint under the MOU a veteran must:
- have served on active duty for more than 180 days and have other than a
dishonorable discharge;
- have a service-connected disability; or
- if a member of a Reserve component, have been ordered to active duty under
sections 12301 (a), (d), or (g) of title 10, United States Code, or served
on active duty during a period of war, or received a campaign badge or expeditionary
medal (e.g., the Southwest Asia Service Medal).
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)
prohibits discrimination in employment, retention, promotion, or any benefit of
employment in the basis of a person's service in the uniformed services.
Complaints under this law should also be filed with the local Department of Labor
VETS representative (located at State employment service offices).
Since a willful violation of a provision of law or regulation pertaining to
Veterans' preference is a Prohibited Personnel Practice, a preference eligible
who believes his or her Veterans' preference rights have been violated may file
a complaint with the local Department of Labor VETS representative, as noted
above.
A disabled veteran who believes he or she has been discriminated against
in employment because of his or her disability may file a handicapped discrimination
complaint with the offending agency under regulations administered by the Equal
Employment Opportunity Commission.
Finally, since OPM is committed to ensuring that agencies carry out their responsibilities
to veterans, any veteran with a legitimate complaint may also contact
any OPM Service Center.
Because there is considerable overlap in where and on what basis a complaint
may be filed, a veteran should carefully consider his or her options before
filing. Generally speaking, complaints on the same issue may not be filed
with more than one party.
Pub. L. 105-339; Title 38 U.S.C. 4103(c)(13) and (14); Interagency Advisory
Group memo of 1/18/94 from OPM to Directors of Personnel, subject: Special Employment
Complaint Procedure for Veterans under 38 U.S.C. 4103.
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