Veterans Guide to Federal Jobs Preference for Veterans

Introduction

The United States has a long-standing tradition of honoring the service and sacrifice of its veterans. Since the Civil War era, veterans have been afforded preference in federal employment, a practice rooted in recognizing their service to the nation. This preference aims to mitigate the economic disadvantages faced by those who have served in uniform, to reintegrate veterans into civilian life, and to acknowledge the unique skills and experiences they bring from their military service.

The Office of Personnel Management (OPM) plays a central role in administering veterans’ preference in federal hiring. It’s important to understand that while both Title 5 and Title 38 of the U.S. Code address veterans’ benefits, they define terms differently. For instance, “war” under Title 5, relevant to veterans’ preference, traditionally means a war declared by Congress. However, Title 38, concerning Department of Veterans Affairs (VA) benefits, broadens the definition of “period of war” to include conflicts like the Korean and Vietnam Wars, even without a formal declaration of war. This distinction is crucial to understand when determining eligibility for specific employment rights and benefits.

This Veterans Guide provides a comprehensive overview of veterans’ preference in federal employment, drawing from official sources to ensure accuracy and clarity. It is designed to help veterans understand their rights and how to effectively utilize veterans’ preference when seeking federal jobs. For detailed legal texts and regulations, please refer to the cited references.

Veterans’ Preference in Federal Appointments

The Rationale Behind Veterans’ Preference

The concept of veterans’ preference in federal hiring dates back to the Civil War. Congress established these laws to ensure that veterans are not penalized in their civilian careers due to their military service. Veterans preference is not just a benefit; it’s a recognition of the economic sacrifices made by those who serve, an effort to level the playing field in government employment, and an acknowledgment of the unique obligations owed to disabled veterans.

The Veterans’ Preference Act of 1944, now integrated into Title 5 of the United States Code, forms the bedrock of today’s system. This law mandates that veterans who are disabled or have served during specific periods or campaigns receive preference over non-veterans in hiring from competitive lists and during workforce reductions.

Beyond competitive hiring, veterans may also qualify for noncompetitive appointments, offering another pathway to federal employment, which we will explore in Chapter 4.

Scope of Veterans’ Preference Application

Veterans preference applies broadly to permanent and temporary positions within the competitive and excepted services of the executive branch of the federal government. However, it does not extend to positions in the Senior Executive Service or those requiring Senate confirmation. While the legislative and judicial branches are generally exempt, preference applies if positions within these branches are in the competitive service, such as at the Government Printing Office, or specifically made subject to the Veterans’ Preference Act by law.

In practice, preference is applied when hiring from civil service examinations managed by OPM and agencies with delegated examining authority. This includes most excepted service positions like Veterans Recruitment Appointments (VRAs), and temporary, term, and overseas limited appointments. It’s important to note that veterans’ preference does not apply to internal actions like promotions, reassignments, or transfers.

Agencies have considerable discretion in their hiring processes. They can use various sources of eligible candidates, including internal merit promotion lists or reassignments. Priority is given to displaced employees before resorting to external hiring methods like civil service exams.

Types of Veterans’ Preference

To be eligible for veterans preference, a veteran must have been discharged under honorable conditions (honorable or general discharge) from active duty in the Armed Forces, which includes the Army, Navy, Air Force, Marine Corps, and Coast Guard. Eligibility also depends on falling into one of the categories outlined below, also indicated on the Standard Form (SF) 50, Notification of Personnel Action.

It’s important to note that military retirees at the rank of major or higher are generally not eligible for preference in appointments unless they are disabled veterans. This rule does not apply to Reservists who will not receive retired pay until age 60. For non-disabled veterans, active duty for training in the National Guard or Reserve does not typically qualify as “active duty” for preference purposes. However, for disabled veterans, such training service can be considered active duty, as per the Merit Systems Protection Board decision in Hesse v. Department of the Army.

For the purpose of veterans’ preference, “war” is strictly defined as conflicts declared by Congress, including World War II (December 7, 1941 – April 28, 1952).

When applying for federal positions, veterans should explicitly claim their preference on their application or resume. Those claiming 10-point preference must complete Standard Form (SF) 15, Application for 10-Point Veteran Preference, and provide the required documentation.

The categories and points for preference are based on 5 U.S.C. 2108 and 3309, adjusted by service length requirements in 38 U.S.C. 5303A(d). (The codes like “TP” are OPM shorthand used in competitive exams.)

0-Point Preference (SSP) – Sole Survivorship Preference

Introduced by the Hubbard Act of 2008, sole survivorship preference applies to veterans discharged after August 29, 2008, due to being a “sole survivor.” While not awarded points in the traditional “rule of 3” system, these veterans receive important advantages:

• Listed ahead of non-preference eligibles with the same exam score or quality category rating.
• Entitled to the same pass-over rights as other preference eligibles.
• Eligible to credit military experience towards job qualification requirements.

This preference applies to veterans who are the only surviving child in a family where a parent or sibling:

• Served in the armed forces.
• Died or became disabled due to service (not from misconduct or unauthorized absence).

5-Point Preference (TP)

Five points are added to the passing score or rating for veterans who served:

• During a war.
• Between April 28, 1952, and July 1, 1955.
• More than 180 consecutive days (excluding training) between January 31, 1955, and October 15, 1976.
• During the Gulf War (August 2, 1990 – January 2, 1992).
• More than 180 consecutive days (excluding training) between September 11, 2001, and August 31, 2010 (Operation Iraqi Freedom).
• In a campaign or expedition with an authorized campaign medal (e.g., Armed Forces Expeditionary Medal, campaign badges for El Salvador, Lebanon, Grenada, Panama, Southwest Asia, Somalia, Haiti).

Certain veterans, particularly campaign medal holders or Gulf War veterans who initially enlisted after September 7, 1980, must have served continuously for 24 months or the full term of their active duty order to qualify for 5-point preference. This 24-month requirement is waived for 10-point preference eligibles separated due to disability or hardship.

Gulf War Era Preference

The Defense Authorization Act of 1998 broadened veterans preference to include anyone who served on active duty during the Gulf War period (August 2, 1990 – January 2, 1992), provided they meet other eligibility criteria (honorable discharge, minimum service requirements). This applies to both job applicants and federal employees affected by reductions in force.

Man-Day Tours and Veterans’ Preference

“Man-day tours,” also known as Active Duty in Support (ADS), have raised questions regarding veterans preference eligibility. These short tours, often undertaken by Air Force Reservists during the Gulf War and Operation Provide Comfort, involved brief missions to the Gulf, resulting in the Southwest Asia Service Medal (SWASM) but no DD Form 214.

OPM, after consulting with the Department of Defense, has clarified that man-day tours are considered regular active duty tours. Therefore, these tours qualify for preference if the individual received the SWASM or served during the Gulf War period (8/2/90 – 1/2/92). Agencies should treat man-day tours as regular active duty unless orders explicitly state “active duty for training.” The SWASM or campaign medals are awarded only for active service in hostile areas, not for active duty for training.

10-Point Compensable Disability Preference (CP)

Ten points are added to the passing score for veterans with a service-connected disability rating from 10% to 29%.

10-Point 30% Compensable Disability Preference (CPS)

Ten points are added to the passing score for veterans with a service-connected disability rating of 30% or higher.

10-Point Disability Preference (XP)

Ten points are added to the passing score for:

• Veterans with a service-connected disability or receiving disability compensation, retirement benefits, or pension from military/VA, but not qualifying for CP or CPS.
• Purple Heart recipients.

10-Point Derived Preference (XP)

Derived preference extends 10 points to spouses, widows/widowers, or mothers of veterans who cannot utilize the preference themselves. Both a spouse and a mother can claim preference based on the same veteran’s service if eligible, but not if the veteran is living and qualified for federal employment.

Spouse Preference

Spouses of veterans who are 100% disabled and unable to work in their usual occupation due to service-connected disabilities may be eligible for 10-point preference. This may be presumed if the veteran is unemployed and meets certain criteria related to disability ratings or inability to qualify for civil service positions due to their disability.

Widow/Widower Preference

Widows or widowers of veterans who served during specific periods (war, April 28, 1952 – July 1, 1955, or campaigns) or died on active duty under honorable conditions are eligible for 10-point preference, provided they have not remarried.

Mother of a Deceased Veteran Preference

Mothers of veterans who died under honorable conditions during specific periods (war, April 28, 1952 – July 1, 1955, or campaigns) may be eligible for 10-point preference if they meet certain marital and dependency criteria.

Mother of a Disabled Veteran Preference

Mothers of living veterans with permanent and total service-connected disabilities may be eligible for 10-point preference if they meet specific marital and dependency criteria. It’s important to note that preference is not extended to widows or mothers of veterans who qualify for preference solely based on post-1955 non-war service.

VOW Act and Active Duty Service Members

The VOW (Veterans Opportunity to Work) Act of 2011 ensures that active duty service members are not disadvantaged in their federal job search while transitioning to civilian life. It requires agencies to treat certain active duty members as preference eligibles, even before discharge.

Agencies must accept a “certification” from active duty members expected to be honorably discharged within 120 days, in lieu of a DD Form 214. This certification must include service dates, expected discharge date, and character of service. Agencies must verify preference eligibility before final appointment.

Adjudication and Crediting Experience

Agencies are responsible for evaluating veterans preference claims, except for those based on common-law marriage, which are handled by OPM’s Office of the General Counsel.

When evaluating experience, agencies must credit a preference eligible’s military service as relevant work experience. This can be based on pre-service work, actual military duties, or a combination, whichever is most beneficial to the veteran. Agencies must also consider job-related experience, both paid and unpaid, including volunteer activities.

Physical and Age Qualifications

Agencies must waive medical standards or physical requirements if a veteran, with or without reasonable accommodation, can perform the essential job duties without endangering safety. Special procedures apply to disqualifying veterans with a 30% or more compensable disability.

Regarding age, the Merit Systems Protection Board ruling in Robert P. Isabella v. Department of State and Office of Personnel Management (2008) clarified that agencies must waive maximum entry-age restrictions for qualified preference eligibles unless age is proven essential for job performance. This applies to positions like law enforcement officers, firefighters, and air traffic controllers.

Preference in Competitive Examinations

In competitive exams, veterans preference is applied using either category rating or numerical ranking. Category rating places applicants into quality categories, with preference eligibles listed ahead of non-preference eligibles within each category. Numerical ranking adds 5 or 10 points to a veteran’s score, with a maximum possible score of 110.

For scientific and professional positions at GS-9 and above, all qualified applicants are ranked by scores, augmented by preference points. For other positions, 10-point disability preference eligibles (CP/CPS) are placed at the top of the register. Preference eligibles are always listed ahead of non-preference eligibles with the same final score.

Filling Positions Through Competitive Examining

Vacancy Announcements and Category Rating

To fill positions competitively, agencies request lists of eligibles from the examining office, which announces vacancies on USAJOBS and notifies state employment services. Applicants are evaluated, rated, and ranked. Category rating is an alternative to numerical ranking, grouping applicants into quality categories instead of by numeric score. Veterans preference is absolute within each category.

Rule of Three and Pass Overs

The “rule of three” mandates selection from the top three available eligibles. However, agencies cannot pass over a preference eligible to select a lower-ranked non-preference eligible, or a non-preference eligible with the same or lower score, without justification. Specific examples clarify how this rule applies in scenarios involving preference eligibles.

Disqualification of Preference Eligibles

Preference eligibles can only be removed from consideration for valid reasons, such as medical or suitability disqualification, as determined by OPM or delegated agencies. OPM approval is required for medical disqualifications or pass-overs of preference eligibles based on medical reasons. Special procedures apply to veterans with a 30% or more compensable disability.

Agencies determine suitability based on 5 CFR Part 731. Preference eligibles are entitled to receive the agency’s reasons for a proposed pass-over and the examining office’s response upon request. An agency is not obligated to consider a candidate who has been passed over three times or considered for three separate appointments from the same certificate.

Disqualification of 30% or More Disabled Veterans

Special protections exist for veterans with a 30% or more compensable disability. Agencies proposing to pass over or medically disqualify such veterans must notify both OPM and the veteran, providing reasons and the veteran’s right to respond to OPM within 15 days. OPM makes the final determination on the veteran’s physical ability, and the agency must comply with OPM’s decision. OPM cannot delegate this function to agencies.

Nepotism and Preference Eligibles

Nepotism rules generally prohibit public officials from advocating for or appointing relatives. However, an exception exists for preference eligibles. Agencies can appoint a preference eligible even if they are a relative of a public official, if an alternative selection would require passing over the preference eligible.

Late Applications

Veterans preference extends to late applications in certain circumstances. Agencies must accept and consider late applications from 10-point preference eligibles at any time. Applications from other preference eligibles may be accepted on a delayed basis as long as a case examining register exists. Specific scenarios and timeframes are outlined for late applications due to military service, hospitalization, or other qualifying reasons.

Excepted Service Employment and Pass Overs

Veterans preference applies to excepted service vacancies similarly to the competitive service. Agencies must adhere to similar conditions and procedures outlined in 5 U.S.C. 3308-3318, although Senate-confirmed positions are exempt. For passing over a 30% or more disabled veteran in the excepted service, agencies must request adjudication from OPM, as per the Gingery v. Department of Defense court decision. This requirement applies to excepted service positions covered under Title 5, but not to positions exempt from Part 302 procedures (e.g., attorneys). In exempt cases, agencies need only consider veteran status as a positive factor.

Administration and Enforcement

OPM is responsible for prescribing and enforcing regulations for veterans preference in both the competitive and excepted services within executive agencies. Agencies are primarily responsible for enforcement.

Veterans’ Preference in Reduction in Force (RIF)

Veterans preference provides advantages during a Reduction in Force (RIF), which occurs when agencies need to reduce their workforce. Special considerations apply to military retirees regarding preference and service credit in RIF scenarios. This section focuses on RIF in the competitive service, with some provisions extending to the excepted service.

RIF Preference Eligibility

Eligibility for veterans preference in RIF is determined similarly to appointment preference, with an additional condition for retired members of the uniformed services. The definition of “uniformed service” includes the Armed Forces, Public Health Service Commissioned Corps, and NOAA Commissioned Corps.

For retirees below the rank of major (or equivalent), preference is granted if:

• Retirement is disability-based, resulting from combat-related injury or disease during a period of war.
• Retired pay is not based on 20+ years of full-time active service.
• Continuous federal employment since November 30, 1964.

Retirees at or above the rank of major must be disabled veterans and meet one of the above criteria to receive preference. Reservists eligible for retired pay at age 60 are considered preference eligibles for RIF at age 60 only if they are disabled veterans.

RIF Retention Standing

Employees are ranked on retention registers within competitive levels based on tenure, veterans preference, length of service, and performance. They are placed in Tenure Groups (I, II, or III) and then subgroups based on veteran status:

• Subgroup AD: Veterans with 30% or more compensable service-connected disability.
• Subgroup A: Other preference eligibles (including derived preference).
• Subgroup B: Non-preference eligibles.

Within each subgroup, employees are ranked by length of service and performance ratings. In a RIF, the lowest-ranked employee on the retention register within a competitive level is released. Veterans preference ensures they are higher on the register, making them less likely to be affected by RIF. Employees on uniformed service duty are protected from RIF. Upon return, they have post-service RIF protection for 6 months to 1 year, depending on service duration.

Assignment Rights (Bump and Retreat)

Employees in Tenure Groups I and II with at least a minimally successful performance rating, when released from a competitive level due to RIF, may displace employees with lower retention standing through “bumping” or “retreating.” Veterans preference enhances their retention standing. These rights apply to the competitive service, but agencies may extend them to excepted employees.

• Bumping: Displacing an employee in a lower tenure group/subgroup in a position up to 3 grades lower.
• Retreating: Displacing an employee in the same tenure group/subgroup with lower retention standing in a similar position previously held, up to 3 grades lower. Veterans with 30% or more disability can retreat up to 5 grades lower.

Employees with unacceptable performance ratings have no bump or retreat rights. Those with minimally successful ratings can only retreat to positions held by employees with the same or lower rating.

Qualifications in RIF

When determining assignment rights in RIF, agencies must waive qualification requirements, including physical requirements, for preference eligibles as described earlier. Special procedures apply to veterans with a 30% or more compensable disability, requiring OPM approval for medical disqualification in RIF assignments.

RIF Appeal Rights

Employees furloughed, separated, or demoted by RIF can appeal to the Merit Systems Protection Board, except when negotiated procedures apply. Assignments to positions at the same grade are not appealable. Appeals must be filed within 30 days of the RIF action’s effective date.

Reemployment Priority

Employees separated by RIF in Tenure Groups I and II are placed on the agency’s Reemployment Priority List. Agencies must prioritize hiring from this list over most external sources. Preference eligibles on the list receive priority over other employees during re-hiring. Excepted service employees separated by RIF have similar reemployment priority in excepted employment.

Miscellaneous Veterans’ Provisions

Jobs Restricted to Preference Eligibles

Certain positions, like guards, elevator operators, messengers, and custodians, are restricted to preference eligibles when available for competitive examination and “outside the register” appointments.

Reinstatement Rights

Preference eligibles, including those with derived preference, with prior career or career-conditional appointments have lifetime reinstatement eligibility to any competitive service position for which they qualify. This applies regardless of when their military service occurred. Merit promotion competition is required for higher-grade positions or those with greater promotion potential.

180-Day Restriction on DOD Employment of Military Retirees

Retired military members generally face a 180-day restriction before being appointed to civilian positions in the Department of Defense (DOD), unless authorized by the Secretary concerned, the position offers special pay, or a national emergency exists. OPM has delegated authority to DOD to make these determinations.

Repeal of Military Retired Pay Reduction

The reduction in military retired pay for retired members employed in federal civilian positions was repealed in 1999, retroactively to October 1, 1999. This eliminated pay caps and partial reductions previously applied to some federal employees who were military retirees.

Affirmative Action Under Title 38

Title 38, U.S.C., requires affirmative action programs for disabled veterans, in conjunction with broader disability hiring efforts under the Rehabilitation Act of 1973. While Title 38 doesn’t grant preference itself (Title 5 does), it mandates:

• Placement consideration for VRA eligibles and 30% or more disabled veterans via noncompetitive hiring.
• Ensuring veterans are considered for employment and advancement under merit system rules.
• Establishing affirmative action plans for disabled veterans’ hiring, placement, and advancement.

Service Credit for Veterans

Service Credit for Leave and Retirement

Non-Retired Members

Non-retired veterans receive full credit for honorable uniformed service (active duty and active duty for training) for leave accrual and retirement purposes, provided required retirement fund deposits are made. This includes service in the Armed Forces, Public Health Service Commissioned Corps, and NOAA Commissioned Corps.

Veterans first employed in federal positions covered by CSRS on or after October 1, 1982, or FERS on or after January 1, 1984, must deposit 7% (CSRS) or 3% (FERS) of basic military pay for retirement credit. Veterans employed before these dates have deposit options or annuity recomputation excluding post-1956 military service if eligible for Social Security at age 62.

Retired Members

Service credit is limited for retired members.

• Leave Accrual: Credit is given only for wartime service declared by Congress or service in campaigns/expeditions with authorized badges, or for disability-based retirement due to combat or war instrumentalities.
• Retirement: Military retired pay must generally be waived to receive retirement credit for military service, unless retired pay is disability-based due to combat or war instrumentalities, or awarded under 10 U.S.C. chapter 1223.

Service Credit for RIF

Non-Retired Members

Non-retired veterans receive full credit for all active service, including active duty for training, for RIF purposes, regardless of discharge type.

Retired Members

Credit is limited for retired members in RIF. Preference eligibles for RIF receive credit for all active duty. Other retirees receive credit only for wartime service or service in campaigns/expeditions with authorized badges.

Service Credit for Severance Pay

Severance pay calculations only credit military service performed by employees who return to civilian service via restoration rights. Prior military service before federal civilian service is not credited for severance pay.

Special Appointing Authorities for Veterans

Veterans Recruitment Appointment (VRA) Authority

VRA is a special authority allowing agencies to noncompetitively appoint eligible veterans to positions up to GS-11 (or equivalent) in the competitive service. There is no limit to VRA appointments for eligible veterans. Veterans preference procedures apply when multiple VRA candidates are considered. After two years of satisfactory service, VRAs must be converted to career or career-conditional appointments.

VRA Eligibility Criteria

Eligible veterans include:

• Disabled veterans.
• Veterans who served during a war, campaign, or expedition with an authorized badge.
• Veterans who participated in a U.S. military operation with an Armed Forces Service Medal.
• Recently separated veterans.

Veterans must have been separated under honorable conditions. Not all 5-point preference eligible veterans are VRA-eligible. Veterans preference applies when agencies consider multiple VRA candidates.

VRA Appointments and Terms

Agencies can appoint qualified VRA eligibles without public announcement, but veterans preference applies when multiple candidates are considered. Agencies must consider all qualified VRA candidates fairly. VRAs can be promoted, demoted, reassigned, or transferred like career employees, subject to time-in-grade requirements. Agencies may offer new VRA appointments at higher grades (up to GS-11) if qualified. Training or education programs are required for VRAs with less than 15 years of education.

VRA Appeal Rights

VRA appointees have limited appeal rights during their first year, similar to competitive service probationers. Preference eligibles have adverse action protections after one year; non-preference eligibles after two years of continuous service. Agencies can make nonpermanent temporary or term appointments based on VRA eligibility, but these do not lead to career-conditional conversion.

30% or More Disabled Veterans Authority

Agencies can offer noncompetitive temporary (over 60 days) or term appointments to veterans with a 30% or more disability rating from military retirement or VA. There is no grade limitation, but appointees must meet qualification requirements. Agencies can convert these appointees to career or career-conditional appointments at any time.

Disabled Veterans Enrolled in VA Training Programs

Disabled veterans in VA vocational rehabilitation programs can train or gain work experience at agencies under VA agreements. They are VA beneficiaries, not federal employees during training. Training is tailored to individual needs and goals. Upon completion, veterans receive a Certificate of Training, allowing noncompetitive status quo appointments, convertible to career or career-conditional appointments.

Veterans Employment Opportunities Act of 1998 (VEOA)

VEOA requires agencies to allow preference eligibles or eligible veterans to apply for positions announced under merit promotion procedures when recruiting outside their workforce. VEOA eligibles selected receive career or career-conditional appointments. Veterans preference points are not applied in VEOA appointments.

VEOA Eligibility

Eligible applicants are preference eligibles OR veterans with 3+ years of continuous active service under honorable conditions.

VEOA Terms and Appeal Rights

VEOA appointees before 1999 amendments received Schedule B excepted service appointments. Those competing under merit promotion will be converted to career-conditional. Schedule B appointees can be promoted/reassigned at agency discretion and can apply for jobs under VEOA authority when agencies post merit promotion announcements open to outside candidates. Competitive service appointees have competitive service appeal rights; Schedule B appointees have excepted service rights.

VEOA Application and Hiring Process

VEOA provides access and opportunity, not guaranteed selection. Agencies posting vacancies outside their workforce can:

• Post a merit promotion “internal” announcement including VEOA consideration.
• Post a DEU “external” announcement for “all sources.”
• Post separate DEU and merit promotion announcements.

VEOA eligibles are rated and ranked with merit promotion candidates, but veterans preference points are not applied. Agencies can select any best-qualified candidate.

Restoration After Uniformed Service

Basic Restoration Entitlement

Federal employees in executive agencies (excluding intelligence agencies) who perform uniformed service duty (active duty, training, or inactive duty), voluntary or involuntary, are entitled to job restoration if they meet specific conditions:

• Advance notice to agency (unless prevented by military necessity).
• Honorable service release.
• Cumulative service of 5 years or less (exceptions apply).
• Timely reapplication.

Intelligence agency employees have similar rights under agency-specific regulations. While on uniformed service duty, employees are placed on leave without pay unless separation is requested, which does not forfeit restoration rights. “Uniformed service” is broadly defined under 38 U.S.C. 4303(16).

Employee Advising and Conflict Resolution

Agencies must inform employees entering uniformed service about their rights, obligations, benefits, and appeal rights. Reserve component employees have obligations to both military and civilian employers. Good faith efforts are needed to resolve conflicts. While agencies cannot question military duty necessity, employees should minimize agency burden. Agencies can contact military authorities if conflicts arise, but must allow necessary military service.

Time Limits for Restoration

• Less than 31 days of service: Return to work next scheduled workday + 8 hours for safe travel.
• 31-180 days of service: Apply for reemployment within 14 days of service completion.
• More than 180 days of service: Apply within 90 days of service completion.

Agencies must reemploy as soon as practicable, within 30 days of application receipt, and may request service documentation.

Restored Positions

• Less than 91 days of service: Restoration to the position they would have attained or, if unqualified, the position they left.
• More than 90 days of service: Similar rights, but agency may offer a position of “like seniority, status, and pay.”
• Service-connected disabilities: Reemployment in a position closely approximating their entitlement.
• Time-limited appointments: Return to complete the unexpired term.

Service Credit Upon Restoration

Restored employees are treated as if they never left, with service time counting towards seniority, pay increases, probation, tenure, retirement, and leave accrual (though leave is not earned in nonpay status). Retirement credit usually requires deposits to the retirement fund. Special rules apply to National Guard service credit.

OPM Placement Assistance

If an agency cannot reemploy a returning service member, OPM provides placement assistance in other agencies in certain situations, including when agencies deem reemployment impossible or for non-career National Guard technicians ineligible for Guard membership.

Employee Protections Post-Service

Employees are protected from RIF while on uniformed service duty and for 6 months to 1 year post-service (depending on duration), except for “cause.” Discrimination or reprisal based on uniformed service is prohibited.

Paid Military Leave

Permanent employees receive 15 days (120 hours) of paid military leave per fiscal year for active duty, training, or inactive duty as Reserve/National Guard members. Part-time employees receive pro-rated leave. Up to 15 days of unused leave can be carried over, allowing up to 30 days in a fiscal year. Military leave is charged in hourly increments, only for otherwise scheduled work hours. Employees can choose to use annual or military leave for uniformed service duty.

Life and Health Insurance During Service

Life insurance continues for up to 12 months on leave without pay for uniformed service, or for 12 months post-separation, or 90 days after uniformed service ends, whichever is sooner, at no cost to the employee. Employees can elect to continue health insurance for up to 12 months, paying their share of premiums. Coverage can be extended for 6 more months by paying 102% of the premium.

Thrift Savings Plan

Employees can make up missed Thrift Savings Plan contributions due to uniformed service.

Special Redress and Appeals for Veterans

Veterans preference laws provide various redress and appeal rights depending on the action being appealed.

Adverse Actions

Preference eligibles have protection against adverse actions (demotion, suspensions over 14 days, furloughs over 30 days, removal), including advance notice, response time, representation, written decisions, and appeal rights to the Merit Systems Protection Board. These protections apply to career/career-conditional employees not on probation, certain competitive service employees with 1+ year of service, and certain excepted service employees with 1+ year of current continuous service.

Reduction in Force Appeals

Employees believing RIF laws or OPM regulations were violated can appeal to the Merit Systems Protection Board.

Restoration After Uniformed Service Appeals

Applicants/employees believing restoration rights were violated can file complaints with the Department of Labor’s Veterans Employment and Training Service (VETS) or appeal directly to the Merit Systems Protection Board.

Other Actions and Complaints

The Veterans Employment Opportunities Act of 1998 allows preference eligibles to complain to DOL VETS about violations of veterans preference rights. Under an OPM-DOL MOU, eligible veterans can file complaints with local DOL VETS representatives regarding improper veterans preference application, failure to list jobs with state employment services, or failure to provide special placement consideration. USERRA prohibits employment discrimination based on uniformed service; complaints also go to DOL VETS.

Willful violations of veterans preference law are Prohibited Personnel Practices, allowing preference eligibles to file complaints with DOL VETS. Disabled veterans alleging disability discrimination can file complaints with the EEOC. Any veteran with complaints can also contact OPM Service Centers. Veterans should carefully consider options before filing, as duplicate complaints are generally not allowed.

VetGuide Appendix A: Wars, Campaigns, and Expeditions Qualifying for Veterans Preference Since WWII

War Service for Veterans Preference: OPM defines “wars” as conflicts declared by Congress only. Title 38’s broader “period of war” definition for VA benefits is not applicable for civil service preference. World War II (December 7, 1941 – April 28, 1952) is the last qualifying “war.”

Non-Qualifying Non-Combat Operations: Many medals for non-combat operations do not qualify for preference (e.g., Global War on Terrorism Service Medal, National Defense Service Medal, Armed Forces Service Medal, Armed Forces Reserve Medal).

Qualifying Campaigns and Expeditions (Non-War): Campaign and expeditionary medals, especially the Armed Forces Expeditionary Medal (AFEM), are generally qualifying. The Department of Defense determines medal eligibility. DD 214 or official service documents are required proof. A table lists qualifying campaigns/expeditions with inclusive dates (Afghanistan, Berlin, Bosnia, Cambodia, Congo, Cuba, Dominican Republic, El Salvador, Grenada, Haiti, Iraq, Korea, Kosovo, Laos, Lebanon, Libyan Area, Panama, Persian Gulf Operations, Quemoy and Matsu Islands, Somalia, Taiwan Straits, Thailand, Vietnam).

Note on Bosnia Operations: The Defense Authorization Act of 1998 allows the Secretary concerned to determine AFEM eligibility for Operation Joint Endeavor/Joint Guard participants in Bosnia and Herzegovina. Eligibility includes deployment to Bosnia, service on ships in the Adriatic, or airspace operations over Bosnia.

Navy and Marine Corps Expeditionary Medals: A table lists campaigns/expeditions for Navy and Marine Corps Expeditionary Medals (Cuba, Indian Ocean/Iran, Iranian/Yemen/Indian Ocean, Lebanon, Liberia, Libyan Area, Panama, Persian Gulf, Rwanda, Thailand).

Vet Guide Campaigns/Expeditions: A table lists additional campaigns/expeditions (Army/Navy Occupations of Austria/Berlin/Germany/Japan, Chinese Service Medal (Extended), Korea Defense Service Medal, Korean Service, Kosovo Campaign Medal (various operations), Navy Occupation of Trieste, Southwest Asia Service Medal, Units of the Sixth Fleet (Navy), Vietnam Service Medal, Rwanda, Thailand).

VetGuide Appendix B: Uniformed Service Qualifying for Veterans Preference

Appendix B lists various military and related organizations and specifies whether service in each qualifies for veterans preference. Categories include Air Force Service (Nurse Corps, Reserve, Air National Guard, Cadets, Regular, Women in the Air Force – YES), Army Service (field clerks, Nurse Corps, Reserve, Transport Service officers, Cadets, Contract Surgeons, Female Dietetic/therapy personnel, Physicians/Surgeons, National Guard, Philippine Scouts, Regular Army, WACS, Women’s Medical Specialist Corps – YES for most, NO for ROTC, Philippine Army, WAACS), Coast Guard Service (Cadets, Auxiliary, Reserve (full-time), Regular, Women’s Reserve – YES for most, NO for part-time/intermittent Reserve), Marine Corps (Aviation Cadets, Marine Corps Reserve, Regular Marine Corps – YES), Navy Service (Aviation Cadets, Physicians/Surgeons, Midshipmen, Naval Reserve, Navy Nurse Corps, Regular Navy – YES for most, NO for certain ROTC/aviation cadet categories), Public Health Service (detailed to Army/Navy in WWI, Commissioned officers on active service – YES). Organizations NOT qualifying include airlines under contract, American Field Service, Merchant Marine, Red Cross, State Guards, War correspondents, Women Airforce Service Pilots (WASPS).

Notes:

1. Military service under veterans preference laws includes active duty in Armed Forces, Public Health Service (basis for “full military benefits”), Coast and Geodetic Survey/successor organizations (under Armed Forces jurisdiction), and Philippine military forces (1941-1946, when in US Armed Forces service).
2. Philippine Army service (1941-1946) is NOT US military service for preference.
3. Women’s Army Auxiliary Corps served with but not in the Army (abolished 1943).
4. Coverage extends to Coast and Geodetic Survey successor organizations (ESSA, NOAA).
5. Merchant Marine Reservists (Naval Reserve) on active duty are considered active duty for preference.
6. Public Health Service Commissioned Corps was a military service branch (1945-1952).

VetGuide Appendix C: Officer Personnel by Pay Grades and Titles (Ranks)

Appendix C provides a table of officer pay grades (O-1 to O-10, W-1 to W-4, E-) and corresponding ranks in the Army, Air Force, Marine Corps, Navy, Coast Guard, NOAA, and Public Health Service, categorized as Major and Above or Below Major for veterans preference eligibility considerations.

VetGuide Appendix D: A Brief History of Veterans Preference

Preference Before the Civil War

Veterans preference in federal appointments dates back to the Revolutionary War, initially informal and based on European models (pensions, bonuses, disability allowances). It became more formalized during the “spoils system,” primarily benefiting ex-officers.

Civil War to World War I

The first significant legislation was passed near the end of the Civil War (1865), granting preference to disabled veterans with honorable discharge and job capacity. This law was modified over time. 1871 amendment introduced “suitability” requirements. 1876 amendment gave RIF preference to veterans, widows, and orphans. 1888 Civil Service Commission regulation granted absolute preference to disabled veterans. 1889 Executive Order allowed reinstatement of honorably discharged veteran former federal employees without time limit. 1892 reinstatement rights extended to veterans’ widows/orphans.

Preference Between World Wars

The 1919 Census Act expanded preference to all honorably discharged veterans, their widows, and wives of injured veterans, regardless of service-connected disability, and introduced spousal preference. This remained basic law until 1944. 1923 Executive Order added 10 points for disabled veterans, 5 for non-disabled veterans, but removed top placement on lists. 1929 Executive Order restored top placement for 10-point disabled veterans. 1938 Civil Service Commission rule strengthened pass-over protection for veterans, requiring Commission review of pass-over decisions.

Veterans Preference Act of 1944

The Veterans Preference Act of 1944 consolidated and strengthened existing preference rules, elevating them to national policy and requiring legislation for changes. It was intended as a reward for patriotic service and to help veterans regain economic standing lost due to military service. It defined preference eligibility and application areas (competitive exams, appointments, reinstatement, reemployment, RIF) across federal branches (except legislative/judicial and Senate-confirmed positions). Initially, preference was for non-disabled veterans, disabled veterans, wives of disabled veterans, and widows of veterans (with some exceptions).

Veterans Preference Since 1944

1948 amendment included mothers of veterans under certain conditions (widowed/divorced mothers of deceased/disabled veterans). 1952 bill extended preference to veterans of active duty service (4/28/52 – 7/1/55) during the Korean War period. 1960s Vietnam conflict led to modifications: 1966 law granted peacetime preference to Vietnam-era vets (180+ days service, excluding Guard/Reserve); 1967 law expanded to all vets with 180+ days service (no war/campaign requirement, excluding Guard/Reserve). 1976 law restricted preference for post-1976 service to disabled veterans or those serving in declared wars/campaigns. 1978 Civil Service Reform Act created new benefits for 30%+ disabled veterans, extra hiring/retention protection, and ended preference for non-disabled retired majors/above. 1988 law required Department of Labor to report agency preference violations. 1997 Defense Appropriations Act granted preference to Gulf War veterans and certain Bosnia campaign medal holders.

Timeline of Veterans Preference in Federal Civil Service

A timeline summarizes key legislative and executive actions related to veterans preference from 1865 to 2006, highlighting major expansions, restrictions, and modifications of veterans preference laws over time.