December 20, 1999
MEMORANDUM FOR BUREAU PERSONNEL OFFICERS
FROM: Joanne W. Simms
Director, Personnel Staff
Justice Management Division
SUBJECT: Expiration of Post-Vietnam Era Vietnam Era Veteran Noncompetitive
Appointments Under the Veterans Readjustment Appointing Authority
The purpose of this memorandum is to remind you that one of the criteria to noncompetitively appoint post-Vietnam era veterans expires on December 31, 1999. At this time there are no plans by Congress to extend this authority.
Pursuant to Title 38, Chapter 42, the definition of post-Vietnam era veterans in §4214(b)(2)(B)is described as “veterans who first became a member of the Armed Forces after May 7, 1975, and were discharged or released from active duty under conditions other than dishonorable.”
There are two separate criteria which provide for the noncompetitive appointment of post-Vietnam era veterans. A post-Vietnam era veteran may receive an appointment only within the 10-year period following the later of: (1) the date of the last discharge or release from active duty; or (2) December 31, 1989.
This means that post-Vietnam era veterans who have been released from active duty or discharged within the last 10 years may continue to be noncompetitively appointed under the Veterans Readjustment Appointing authority. It also means that post-Vietnam era veterans who were last released from active duty more than 10 years ago (i.e., since December 31, 1989) can no longer be noncompetitively appointed after December 31, 1999.
Questions concerning this matter may be referred to Mr. Robert F. Seymour, of the Personnel Staff’s Policy Group, on (202) 616-3706 or via E-mail to Robert.F.Seymour@usdoj.gov.