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 nonveterans 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 direct hire and delegated examining authorities from the U. S. Office of Personnel Management.

General Requirements for Preference

To be entitled to preference, a veteran must meet the eligibility requirements in section 2108 of title 5, United States Code. This means that:

• An honorable or general discharge is necessary.
• Military retirees at the rank of major, lieutenant commander, or higher are not eligible for preference unless they are disabled veterans.
• Guard and Reserve active duty for training purposes does not qualify for preference.
• When applying for Federal jobs, eligible veterans should claim preference on their application or resume. Applicants claiming 10-point preference must complete form SF-15, Application for 10-Point Veteran Preference.

TYPES OF PREFERENCE:

5-Point Preference

Five points are added to the passing examination score of a veteran who served:

• During the period December 7, 1941, to July 1, 1955; or
• For more than 180 consecutive days, 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
• In a campaign or expedition for which a campaign medal has been authorized, including El Salvador, Grenada, Haiti, Lebanon, Panama, Somalia, Southwest Asia, and Bosnia.

Medal holders and Gulf War veterans who enlisted after September 7, 1980, or entered on active duty on or after October 14, 1982, must have served continuously for 24 months or the full period called or ordered to active duty. The service requirement does not apply to veterans with compensable service-connected disabilities, or to veterans separated for disability in the line of duty, or for hardship.

10-Point Preference

Ten points are added to the passing examination score of:

• A veteran who served at any time and who (1) has a present service-connected disability or (2) is receiving compensation, disability retirement benefits, or pension from the military or the Department of Veterans Affairs. Individuals who received a Purple Heart qualify as disabled veterans.
• An unmarried spouse of certain deceased veterans, a spouse of a veteran unable to work because of a service-connected disability, and
• a mother of a veteran who died in service or who is permanently and totally disabled.

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 Been Closed

A 10-point preference eligible may file an application at any time for any positions for which a nontemporary 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. This limitation applies only to initial employment and does not usually prevent an agency from filling one of these jobs by other means.

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 under a U.S. Department of Labor and U.S. Office of Personnel Management Memorandum of Understanding (refer to Federal Employment Info Line Sheet EI-44, Special Complaint Procedures for Veterans).

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/dol/vets/public/programs/programs/preference/main.htm. (State Employment Service Offices have veteran representatives available to assist veterans in gaining access to this information.)

AS OF: 01-22-98