To
provide assistance to preference eligible individuals who believe
that their rights under veterans' preference statutes and regulations
have been violated. 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 is not so much a
reward for being in uniform as it is a way to help make up for the
economic loss suffered by those who answered the nation's call to
arms. Historically, preference has been reserved by Congress for
those who were either disabled or who served in combat areas. Eligible
veterans receive many advantages in Federal employment, including
preference for initial employment and a higher retention standing
in the event of layoffs. However, the veterans' preference laws
do not guarantee the veteran a job, nor do they give veterans' preference
in internal agency actions such as promotion, transfer, reassignment,
and reinstatement. 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. Preference applies in hiring
for virtually all Federal jobs, whether in the competitive or excepted
service. In addition to receiving preference in competitive appointments,
veterans may be considered for special noncompetitive appointments
for which only they are eligible.
TYPES
OF ASSISTANCE:
Federal Employment. Place Cursor Here for Definition
USES
AND USE RESTRICTIONS:
To
assist persons who perform service in the uniformed services to
secure Federal employment and to ensure a higher retention standing
in the event of a reduction-in-force. To provide information and
assistance to veterans, employers, labor organizations, and other
elements of the community concerned with veterans' preference in
Federal employment and retention. The Department of Labor - Veterans'
Employment and Training Service investigates complaints with the
goal of voluntary resolution of veterans' preference problems. Unresolved
complaints can be pursued by the complainant veteran to the Merit
Systems Protection Board.
ELIGIBILITY
REQUIREMENTS:
Applicant
Eligibility: (1) Five-point preference is given
to those honorably separated veterans (this means an honorable or
general discharge) who served on active duty (not active duty for
training) in the Armed Forces: During any war (this means a war
declared by Congress, the last of which was World War II); during
the period April 28, 1952, through July 1, 1955; for more than 180
consecutive days, any part of which occurred after January 31, 1955,
and before October 15, 1976; during the Gulf War period beginning
August 2, 1990, and ending January 2, 1992; or in a campaign or
expedition for which a campaign medal has been authorized, such
as El Salvador, Lebanon, Granada, Panama, Southwest Asia, Somalia,
and Haiti. Medal holders and Gulf War veterans who originally enlisted
after September 7, 1980, or entered on active duty on or after October
14, 1982, without having 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. Effective on October
1, 1980, military retirees at or above the rank of major or equivalent,
are not entitled to preference unless they qualify as disabled veterans.
Ten-point preference is given to those honorably separated veterans
who: (1) Qualify as disabled veterans because they have served on
active duty in the Armed Forces at any time and have a present service-connected
disability or are receiving compensation, disability retirement
benefits, or pension from the military or the Department of Veterans
Affairs; or (2) are Purple Heart recipients; the spouse of a veteran
unable to work because of a service-connected disability; the unmarried
widow of certain deceased veterans; and the mother of a veteran
who died in service or who is permanently and totally disabled.
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.
Veterans who are still in the service may be granted 5 points tentative
preference on the basis of information contained in their applications,
but they must produce a DD Form 214 prior to appointment to document
entitlement to preference. Note: Reservists who are retired from
the Reserves but are not receiving retired pay are not considered
"retired military" for purposes of veterans' preference. (2) Veterans
who have been separated from the armed forces under honorable conditions
shortly before completion of 3 years, or completion of 3 years or
more of active duty military service are eligible to compete for
vacant Federal positions for which the agency making the announcement
will accept applications from individuals outside its own workforce
under merit promotion procedures. This does not make them preference
eligible, but allows access to certain Federal job openings for
which they would otherwise not be entitled to apply. (3) Public
Law 94-502 authorizes Federal agencies to provide unpaid training
or work experience, as a part of the Department of Veterans Affairs
vocational rehabilitation for a disabled veteran. Such training
may be designed to provide noncompetitive appointment.
Beneficiary
Eligibility: Non-disabled veterans, disabled
veterans and certain wives or husbands, widows, widowers, and
mothers of veterans.
Credentials/Documentation:
For veterans' preference, general proof of honorable separation
such as discharge certificate or DD Form 214. In addition, for
10-point preference, a letter from the Department of Veterans
Affairs or military department certifying existence of service-connected
disability. When the 10-point preference is based on the award
of a Purple Heart, official documentation of the award is sufficient.
Pre-application
Coordination: This program is excluded from
coverage under E.O. 12372.
Application
Procedure: Application forms are available
from Service Centers of the Office of Personnel Management and
from Federal agency personnel offices. Veterans eligible for noncompetitive
appointment should make personal contact with the Federal agency
where they would like to be considered for employment. Veterans
who believe that they have not been properly accorded their rights
have several different avenues of complaint, depending upon the
nature of the complaint and the individual's veteran status: The
Veterans Employment Opportunities Act of 1998 allows preference
eligible to file a complaint with the Department of Labor's Veterans'
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. Eligible veterans
seeking employment who believe that an agency has not properly
accorded them their veterans' preference, 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 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 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 on 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.
Award
Procedure: None.
Deadlines:
Under Public Law 95-454, retired members of the armed forces will
no longer be considered preference eligible as of October 1, 1980,
unless they are disabled veterans or retired below the rank of
Major or the equivalent. Under Public Law 97-306, enacted October
14, 1982, a 2-year minimum active duty service condition for those
entering military service after September 7, 1980, or the full
period for which called or ordered to active duty, must be met,
unless they are disabled veterans.
Range
of Approval/Disapproval Time: Not applicable.
Appeals:
Not applicable.
Renewals:
Not applicable.
ASSISTANCE
CONSIDERATIONS:
Formula
and Matching Requirements: Not applicable.
Length
and Time Phasing of Assistance: Not applicable.
POST
ASSISTANCE REQUIREMENTS:
Reports:
Not applicable.
Audits:
Not applicable.
Records:
Not applicable.
FINANCIAL
INFORMATION:
Account
Identification: 16-0164-0-1-702.
Obligations:
Obligations are devoted to administration, and are not separately
identifiable.
Range
and Average of Financial Assistance: Not applicable.
During Fiscal Year 2001, VETS processed 274 veterans preference
cases: 252 cases dealt with the issue of hiring and 22 cases dealt
with the issue of reduction in force, 96 percent of these cases
were closed within 90 days.
REGULATIONS,
GUIDELINES, AND LITERATURE:
The Veterans' Employment Opportunities Act of 1998 is available
free of charge from USDOL-VETS offices listed in Appendix IV of
the Catalog. 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. To find out whether
you qualify for veterans' preference, visit the Department of Labor
(DOL). The Internet address for the veterans' preference program
is: http://www.dol.gov/dol/vets/public/programs/programs/ preference/main.htm
"Veteran Preference," EL-3 (8/95); "Special Appointing Authorities
for Veterans," EL-4 (8/95); "Medical Disqualification of Preference
Eligible," EL-8 (8/95); "Job Opportunities for Persons with Disabilities",
EL-11 (8/95) (for use by Disabled Veterans); Regulations: 5 CFR
211, 5 CFR 213, 5 CFR 307 and 5 CFR 720.
INFORMATION
CONTACTS:
Regional
or Local Office: Contact the nearest Department
of Labor, Veterans' Employment and Training Service office listed
in Appendix IV of the Catalog.
Headquarters
Office: Office of Veterans' Employment and
Training, U.S. Department of Labor, 200 Constitution Ave., NW.,
Room S-1316, Washington, DC 20210. Telephone: (202) 693-4700.
Contact: Norman Lance.
Web
Site Address: http://www.dol.gov/vets/welcome.html
