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VETERANS' PREFERENCE
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 that sacrifices are made by those serving in the Armed Forces, Congress enacted laws to prevent veterans seeking Federal employment from being penalized because of the time spent in military service.

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 non-veterans both in hiring from competitive lists of eligibles and in retention during reductions in force.

Preference does not have as its goal the placement of a veteran in every vacant Federal job; this would be incompatible with the merit principle of public employment. Nor does it apply to promotions or other in-service actions. However, preference does provide a uniform method by which special consideration is given to qualified veterans seeking Federal employment.

Preference applies in hiring from civil service examinations, for most excepted service jobs, and when agencies make temporary appointments or use delegated examining authorities from the U. S. Office of Personnel Management.

GENERAL REQUIREMENTS FOR 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.

TYPES OF PREFERENCE:
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 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.

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.

PREFERENCE IN EXAMINATION
Veterans meeting the criteria for preference and who are found eligible (achieve a score of 70 or higher either by a written examination or an evaluation of their experience and education) have 5 or 10 points added to their numerical ratings depending on the nature of their preference. For scientific and professional positions in grade GS-9 or higher, names of all eligibles are listed in order of 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 are placed ahead of the names of all other eligibles on a given register. The names of other 10-point preference eligibles, 5-point preference eligibles, and non-veterans are listed in order of their numerical ratings.

Entitlement to veterans' preference does not guarantee a job. There are many ways an agency can fill a vacancy other than by appointment from a list of eligibles.

FILING APPLICATIONS AFTER EXAMINATIONS HAVE CLOSED
A 10-point preference eligible may file an application at any time for any positions for which a non-temporary appointment has been made from a competitive list of eligibles within the past 3 years.

In addition, a person who is unable to file for an open competitive examination because of military service may file after the closing date. In either of the above situations, the veteran should contact the agency that announced the position for further information.

POSITIONS FOR PREFERENCE ELIGIBLES ONLY
Certain examinations are open only to preference eligibles as long as such applicants are available. These are custodian, guard, elevator operator and messenger.

SPECIAL COMPLAINT PROCEDURES FOR VETERANS
Veterans who believe that they have not been accorded the preference to which they are entitled may file a complaint with the U. S. Department of Labor's Veterans Employment and Training Service (VETS).

The Department of Labor's Office of the Assistant Secretary for Policy and Veterans' Employment and Training Service developed an "expert system" to help veterans receive the preferences to which they are entitled. Two versions of this system are currently available, both of which, help the veterans determine the type of preference to which they are entitled, the benefits associated with the preference and the steps necessary to file a complaint due to the failure of a Federal Agency to provide those benefits. The Internet address for the veterans' preference program is http://www.dol.gov/elaws/vetspref.htm. (State Employment Service Offices have veteran representatives available to assist veterans in gaining access to this information.)

DISABLED VETERANS AND OTHER VETERAN OPPORTUNITIES
Any disabled veteran can contact the Department of Veterans Affairs, Vocational Rehabilitation and Employment Offices for information on veterans' benefits and related employment services. Certain veterans may also be considered under special hiring programs for disabled veterans with disability ratings of 30% or more or Vietnam Era Veteran Readjustment Act opportunities. Federal agencies have the authority, by law, to give noncompetitive appointments to any veteran who has a service-connected disability of 30% or more. Like the VRA, this authority is discretionary with the agency.

WHO IS ELIGIBLE?
To be eligible, you must be a disabled veteran who has a compensable service-connected disability of 30% or more. The disability must be officially documented by the Department of Defense or the Department of Veterans Affairs.

GRADE LEVEL OF JOBS THAT CAN BE FILLED
This authority covers all grade levels and occupations.

REASONABLE WORKPLACE ACCOMMODATIONS
Sometimes it may be necessary or advisable for Federal hiring officials to make "a reasonable workplace accommodation," if requested, in either the duties of the job, or where and how job tasks are performed.

The Department of Defense (DoD) established Computer/Electronic Accommodations Program (CAP) to eliminate employment barriers for employees with disabilities. CAP serves as the government's centrally funded program to provide assistive technology and services free of charge to Federal agencies that have a partnership agreement with CAP. CAP provides accommodations to individuals who are blind, have low vision, are deaf, hard of hearing, or have dexterity, communication, cognitive, or learning disability.

Examples of workplace reasonable accommodation include:
- Providing interpreters, readers, or other personal assistance.
- Modifying job duties.
- Restructuring work sites.
- Providing flexible work schedules or work sites.
- Obtaining accessible technology or other workplace adaptive equipment.

Such forms of accommodation make it easier to successfully perform the duties of the position. CAP supports Federal employees throughout the employment lifecycle, including; recruitment, placement, promotion, and retention of people with disabilities. In an effort to make the Federal government a model employer for people with disabilities, it is important that you contact CAP to work together to provide real solutions for real needs.

Additional information on Veterans' Preference is located at http://www.opm.gov/veterans/index.asp.

AS OF: 08/11/2009



VETERANS' PREFERENCE can be printed as it appears on your browser.

It also can be printed as an exact replica of the official publication (ei-03VeteransPreference.pdf). Download the file by clicking on the .pdf file name and follow print help instructions below.

SF-15, APPLICATION FOR 10-POINT VETERAN PREFERENCE
An exact replica of the SF-15, Application for 10-Point Veteran Preference (SF15.PDF) can be printed. Download the file by clicking on the .pdf file name and follow the print help instructions below.

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