Introduction
The landscape of federal employment prioritizes those who have served in the U.S. Armed Forces, a tradition rooted in gratitude for their sacrifice and recognition of the unique skills veterans bring to civilian roles. This system, known as veterans’ preference, grants eligible veterans an edge in the federal hiring process. The Office of Personnel Management (OPM) plays a central role in administering and overseeing these entitlements, ensuring that veterans receive the preference they are due under Title 5 and Title 38 of the United States Code. These legal frameworks, while sharing terminology, define key concepts like “war” and “active duty” differently, impacting eligibility for various benefits. Understanding these nuances is crucial for veterans seeking federal employment and for agencies aiming to honor their service.
This guide delves into the intricacies of veterans’ preference, clarifying eligibility criteria, preference types, and how these advantages are applied in federal appointments and during reductions in force. For comprehensive details and the full text of relevant laws and regulations, please refer to the cited references.
Veterans’ Preference in Appointments
The Foundation of Preference
Since the Civil War era, the U.S. government has acknowledged the sacrifices of military personnel by granting them preference in federal job appointments. This preference, born from laws enacted by Congress, aims to mitigate the economic disadvantages faced by veterans due to their military service. It serves to restore veterans to a competitive position in the government job market and honor the nation’s commitment to those who have served.
The cornerstone of modern veterans’ preference is the Veterans’ Preference Act of 1944, now integrated into Title 5 of the United States Code. This legislation 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 in retention during workforce reductions.
Beyond competitive appointments, veterans also qualify for noncompetitive appointments, offering exclusive pathways into federal service.
Scope of Preference Application
Veterans’ preference is applicable across permanent and temporary positions within the competitive and excepted services of the executive branch. 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 to competitive service positions within these branches, such as those in the Government Printing Office, or where mandated by specific laws.
Preference is activated during hiring from civil service examinations managed by OPM and agencies with delegated examining authority. It also applies to most excepted service positions, including Veterans Recruitment Appointments (VRA), and to temporary, term, and overseas limited appointments. It is important to note that veterans’ preference does not apply to internal actions like promotions, reassignments, demotions, transfers, or reinstatements.
Agencies retain authority to utilize various appointment processes and sources of eligible candidates, including internal merit promotion lists, reassignments, transfers, and reinstatements. Priority consideration for displaced employees is also mandated before resorting to civil service examinations and similar hiring methods.
Types and Categories of Preference
To qualify for veterans’ preference, individuals must have been discharged or released from active duty under honorable conditions (honorable or general discharge). The term “Armed Forces,” as defined in 5 U.S.C. 2101(2), encompasses the Army, Navy, Air Force, Marine Corps, and Coast Guard. Eligibility is further categorized based on specific criteria, reflected on the Standard Form (SF) 50, Notification of Personnel Action.
Military retirees at the rank of major, lieutenant commander, or higher are generally ineligible for preference unless they are disabled veterans. This restriction does not apply to Reservists not yet receiving military retired pay (before age 60). For non-disabled veterans, active duty for training in the National Guard or Reserve does not qualify as “active duty” for preference purposes. However, for disabled veterans, active duty includes training service in the Reserves or National Guard, as affirmed by the Merit Systems Protection Board.
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, eligible veterans must explicitly 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 provide the necessary documentation.
The following categories outline the types of preference and associated points, based on 5 U.S.C. 2108 and 3309, as modified by service length requirements in 38 U.S.C. 5303A(d). (OPM shorthand references for competitive examinations are included, e.g., “TP.”)
0-Point Preference (SSP) – Sole Survivorship Preference
Established by the Hubbard Act of 2008, this preference category applies to veterans discharged after August 29, 2008, due to being a “sole survivor.” While no points are added to the passing score, sole survivorship preference provides key advantages:
- Priority listing ahead of non-preference eligibles with the same exam score or quality category.
- Pass over rights equivalent to other preference eligibles.
- Credit for military experience to meet federal job qualification requirements.
This preference applies when the veteran is the only surviving child in a family where a parent or sibling:
- Served in the armed forces.
- Died, or is 100% disabled or hospitalized due to service, and this did not result from misconduct.
5-Point Preference (TP)
Five points are added to the passing examination 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 for which a campaign medal was authorized (e.g., Armed Forces Expeditionary Medal).
Veterans who enlisted after September 7, 1980, or began active duty after October 14, 1982, and seek preference based on a campaign medal or Gulf War service, must have served continuously for 24 months or the full period of active duty orders, unless separated due to disability or hardship.
Gulf War Preference Expansion
The Defense Authorization Act of 1998 broadened veterans’ preference to include all individuals who served on active duty during the Gulf War (August 2, 1990 – January 2, 1992), regardless of location or length of service, provided they meet other eligibility criteria (honorable discharge and minimum service requirements). This applies to both job applicants and federal employees affected by reductions in force.
Man-Day Tours and Preference Eligibility
“Man-day tours,” or active duty in support (ADS), common during the Gulf War and Operation Provide Comfort, have raised questions regarding veterans’ preference eligibility. Initially, some agencies incorrectly categorized these tours as active duty for training, thus non-qualifying for preference.
However, based on Department of Defense and Air Force directives, man-day tours are now recognized as regular active duty tours. Therefore, Air Force Reservists on man-day tours during the Gulf War or Operation Provide Comfort, who received the Southwest Asia Service Medal (SWASM) or served between August 2, 1990, and January 2, 1992, are eligible for veterans’ preference. These tours are funded from active duty accounts (MPA) and address temporary needs for specialized skills. Agencies are instructed to treat man-day tours as regular active duty unless orders explicitly state otherwise. The award of a campaign or expeditionary medal, like SWASM, further indicates active service in hostile areas, distinguishing it from active duty for training.
10-Point Compensable Disability Preference (CP)
Ten points are added to the passing examination score or rating for veterans with a 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 for veterans with a 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 for:
- Veterans with a present service-connected disability, or those receiving disability compensation, retirement benefits, or pension from military service or the VA, who do not qualify for CP or CPS.
- Purple Heart recipients.
10-Point Derived Preference (XP)
Derived preference extends ten points to spouses, widows/widowers, and mothers of veterans under specific circumstances. This preference is “derived” from the veteran’s service when the veteran is unable to utilize the preference themselves.
Spouse Preference:
Spouses of disabled veterans may receive preference if the veteran is disqualified for federal employment in their usual occupation due to a service-connected disability. Disqualification is presumed when the veteran is unemployed and:
- Has a 100% disability rating from military or VA authorities, or is deemed unemployable.
- Retired, separated, or resigned from civil service due to a service-connected disability.
- Failed to qualify for civil service or similar positions due to a service-connected disability.
Widow/Widower Preference:
Widows or widowers of veterans who were not divorced or remarried (or remarriage annulled) are eligible if the veteran:
- Served during a war, between April 28, 1952, and July 1, 1955, or in a campaign/expedition.
- Died on active duty under honorable conditions during such service.
Mother Preference:
Mothers of deceased veterans may receive preference if the veteran died under honorable conditions during specific periods or campaigns, and the mother meets certain marital and dependency criteria (married to veteran’s father and living with a disabled husband, or widowed/divorced from veteran’s father and not remarried).
Mothers of living disabled veterans may also be eligible if the veteran has an honorable discharge, a permanent and total service-connected disability, and the mother meets similar marital and dependency criteria.
Note: Preference for widows and mothers is not extended based on service between 1955 and specific war/campaign periods.
VOW Act and Active Duty Service Member Preference
The VOW (Veterans Opportunity to Work) to Hire Heroes Act of 2011 addresses the challenge faced by active duty service members who begin their civilian job search before discharge and may lack a DD Form 214. This act mandates federal agencies to treat certain active duty service members as preference eligibles, even without a DD-214, by accepting a “certification” of expected honorable discharge within 120 days. This certification must include service dates, expected discharge date, and character of service on official military letterhead. Agencies must verify preference eligibility under 5 U.S.C. 2108 before final appointment. If the certification expires, agencies must request a DD Form 214 or other documentation to confirm preference eligibility.
Adjudication and Experience Crediting
Agencies are responsible for adjudicating most veterans’ preference claims, except those involving common-law marriage, which are referred to OPM. When evaluating experience, agencies must credit a preference eligible’s military service as relevant work experience, either as an extension of pre-service work, based on actual military duties, or a combination of both, whichever is most beneficial to the veteran. Credit must also be given for job-related experience, both paid and unpaid, including volunteer and community activities.
Physical and Age Qualifications
Agencies are required to waive medical standards or physical requirements if a veteran, with or without reasonable accommodation, can perform essential job duties without endangering themselves or others. Special procedures apply to the disqualification of veterans with a 30% or more compensable disability.
The Merit Systems Protection Board’s decision 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 to the job. This ruling impacts positions with mandatory retirement ages, like law enforcement officers, firefighters, and air traffic controllers, potentially raising the mandatory retirement age for veterans in these roles.
Preference in Competitive Examinations
Veterans’ preference in competitive examinations is applied using either Category Rating or numerical ranking.
Numerical Ranking (Rule of Three):
In numerical ranking, preference eligibles who achieve a passing score receive added points: 10 points for 10-point preference eligibles, and 5 points for 5-point preference eligibles. The highest possible score is 110. Eligibles are ranked on lists by score, with 10-point compensable disability preference eligibles (CP/CPS) at the top. Preference eligibles are listed ahead of non-preference eligibles with the same score.
Category Rating:
Category rating ranks applicants into quality categories (e.g., “Highly Qualified,” “Qualified”) instead of numerical scores. Veterans’ preference is absolute within each category, meaning preference eligibles are listed ahead of non-preference eligibles within the same quality category.
Filling Positions Through Competitive Examining
The competitive examining process involves vacancy announcements on USAJOBS and state employment services. Examining offices determine applicant qualifications, rate and rank them, and issue certificates of eligibles – lists of top-scoring candidates. Category rating, as an alternative, ranks candidates into quality categories instead of numerical scores.
Rule of Three and Pass Overs:
The “rule of three” dictates that selections must be made from the top three available eligibles on a certificate. However, agencies cannot pass over a preference eligible to select a lower-ranked non-preference eligible or one with the same or lower score, unless an objection is sustained. Specific examples illustrate the application of this rule in scenarios involving preference eligibles and non-preference eligibles.
Disqualification and Pass Over Procedures
A preference eligible can be removed from consideration only 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 based on medical reasons, especially for veterans with a 30% or more compensable disability. Special procedures apply in these cases. Agencies have delegated authority for suitability determinations. Preference eligibles are entitled to receive the agency’s reasons for a proposed pass over and the examining office’s response. Agencies are not required to consider candidates who have been passed over three times or considered for three separate appointments for the same position.
Disqualification of 30 Percent or More Disabled Veterans
Special provisions protect veterans with a 30% or more compensable service-connected disability. Agencies proposing to pass over or medically disqualify such veterans must notify both OPM and the veteran, providing reasons and informing the veteran of their right to respond to OPM within 15 days. OPM makes the final determination on the veteran’s physical ability to perform the job, 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. If a preference eligible’s name is reachable on a certificate, and selecting a non-preference eligible would require passing over the preference eligible, nepotism rules do not prevent the preference eligible’s appointment.
Late Applications
Veterans may file late applications under certain conditions. Agencies must accept applications from 10-point preference eligibles at any time and add them to registers, even if closed. For other preference eligibles, late applications are accepted as long as a case examining register exists. Specific scenarios and timeframes govern late applications for preference eligibles, those re-entering registers after resignation or separation, and those unable to apply due to military service or hospitalization.
Excepted Service Employment and Pass Over Procedures
Veterans’ preference extends to excepted service vacancies in the executive branch, mirroring competitive service requirements. However, positions requiring Senate confirmation are exempt. For excepted service positions under 5 CFR Part 302, agencies wishing to pass over a 30% or more disabled veteran must seek OPM adjudication, as per the Gingery v. Department of Defense ruling. This does not apply to positions exempt from Part 302 procedures (e.g., attorneys). For such exempt positions, agencies must consider veteran status as a positive factor, as far as administratively feasible, as per Patterson v. Department of Interior.
Administration and Enforcement
OPM is responsible for prescribing and enforcing veterans’ preference regulations in both the competitive and excepted services within executive agencies. Agencies are generally responsible for enforcement.
Veterans’ Preference in Reduction in Force (RIF)
Veterans receive advantages over non-veterans during a reduction in force (RIF). Specific rules also determine preference eligibility and service credit for military retirees in RIF scenarios. These provisions primarily apply to the competitive service, with some applicability to the excepted service.
RIF Preference Eligibility
RIF preference eligibility mirrors appointment preference criteria, with an additional condition for retired members of uniformed services (Armed Forces, Public Health Service, NOAA Commissioned Corps). The condition varies based on retirement rank.
Retirees below Major (or equivalent):
Get preference if:
- Retirement is disability-based, resulting from combat-related injury or disease during a “period of war” (including declared wars and conflicts like Korea, Vietnam, Persian Gulf War).
- Retired pay is not based on 20+ years of active service (excluding training).
- Continuous federal employment since November 30, 1964, with minimal breaks.
Retirees at or above Major (or equivalent):
Get preference if they are disabled veterans (XP, CP, CPS categories) and meet one of the criteria for retirees below major. Reservists eligible for retired pay at age 60 are considered preference eligibles for RIF at age 60 if they are disabled veterans.
RIF Retention Standing
Retention standing in RIF is determined by tenure, veterans’ preference, length of service, and performance. Employees are ranked on retention registers within competitive levels.
Tenure Groups and Subgroups:
Employees are categorized into Tenure Groups (I, II, III) based on appointment type, and then into subgroups based on veteran status:
- Subgroup AD: 30% or more compensable service-connected disabled veterans.
- Subgroup A: Other preference eligibles, including derived preference.
- Subgroup B: Non-preference eligibles.
Within each subgroup, employees are ranked by length of creditable federal civilian and military service, augmented by performance ratings. In RIF, the employee lowest on the retention register within a competitive level is released. Veterans’ higher ranking within tenure groups makes them less likely to be affected by RIF actions.
Employees are protected from RIF while serving in uniform. Upon return from active duty, they are further protected: 1-year protection after service exceeding 180 days, and 6-month protection for service between 31 and 180 days.
Assignment Rights (Bump and Retreat)
Employees in Tenure Groups I and II with minimally successful performance ratings, when released from a competitive level, may displace employees with lower retention standing through bumping or retreating. Preference eligibles’ superior standing enhances their retention chances. These rights apply to the competitive service, with agencies having discretion to extend similar provisions to excepted employees.
Bumping: Displacing an employee in a lower tenure group or subgroup in a position no more than three grades lower within the same competitive area.
Retreating: Displacing an employee with lower retention standing in the same tenure group and subgroup in a position essentially identical to one previously held, no more than three grades lower.
Expanded Retreat Rights for 30% Disabled Veterans: Veterans with a 30% or more compensable service-connected disability may retreat to positions up to five 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 Assignments
Agencies must waive qualification requirements, including physical requirements, for preference eligibles in RIF assignments, similar to initial appointments. Special procedures apply to 30% or more disabled veterans, requiring OPM approval for medical disqualification for RIF assignments.
RIF Action Appeals
Employees furloughed, separated, or demoted by RIF can appeal to the Merit Systems Protection Board, except when negotiated procedures apply. Appeals must be filed within 30 days of the RIF action’s effective date.
Reemployment Priority
Competitive service employees in Tenure Groups I and II separated by RIF are placed on the agency’s Reemployment Priority List. Agencies generally must hire from this list before external sources. Preference eligibles on the list receive priority over other employees. Excepted service employees separated by RIF receive similar 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, through competitive examination and “outside the register” procedures.
Reinstatement
Preference eligibles with career or career-conditional appointments have lifetime reinstatement eligibility to any competitive service position for which they qualify, regardless of when their military service occurred. Merit promotion competition is required for higher-grade positions or those with greater promotion potential than previously held positions.
180-Day Restriction on DOD Employment of Military Retirees
Military retirees face a 180-day restriction on civilian employment within the Department of Defense (DOD) after retirement, unless authorized by the Secretary concerned, the position offers special pay, or a national emergency exists. OPM delegated authority for these determinations to DOD.
Repeal of Military Retired Pay Reduction
The reduction in military retired pay for uniformed service retirees employed in federal civilian positions was repealed in 1999, retroactively to October 1, 1999, ending pay caps and partial retired pay reductions for federal employees who are military retirees.
Affirmative Action Under Title 38
Title 38 U.S.C. Section 4214 mandates affirmative action programs for disabled veterans, complementing Rehabilitation Act efforts. It requires agencies to provide placement consideration for VRA eligibles and 30% or more disabled veterans, ensure veterans are considered under merit system rules, and establish affirmative action plans for disabled veterans. Title 38 focuses on affirmative action and noncompetitive hiring authorities, while Title 5 provides veterans’ preference points.
Service Credit
Service Credit for Leave Rate Accrual and Retirement
Non-Retired Service Members
Non-retired service members receive full credit for honorable uniformed service (active duty and active duty for training) for leave accrual and retirement purposes, provided required deposits are made to the retirement fund. This includes service in the Armed Forces, Public Health Service Commissioned Corps, and NOAA Commissioned Corps. Veterans initially employed in CSRS positions after October 1, 1982, or FERS positions after January 1, 1984, must deposit 7% (CSRS) or 3% (FERS) of basic military pay to obtain retirement credit. Veterans employed before October 1, 1982, have deposit options or annuity recomputation upon Social Security eligibility at age 62.
Retired Service Members
Service credit for retired members is limited.
Leave Accrual: Retirees receive leave accrual credit only for:
- Wartime service (declared war by Congress, including WWII).
- Service in campaigns or expeditions with authorized campaign badges.
- Active duty when retirement was disability-based due to combat-related injury or disease during a “period of war.”
Retirement Credit: Military retired pay must be waived to receive retirement credit for military service, unless retired pay is disability-based due to combat or instrumentality of war during a “period of war,” or awarded under 10 U.S.C. chapter 1223 (formerly chapter 67).
Creditable Service for RIF
Non-Retired Service Members
Non-retired members receive credit for all active service in the Armed Forces, including active duty and active duty for training, for RIF purposes, regardless of discharge type.
Retired Service Members
RIF service credit for retirees is limited. Preference eligibles for RIF purposes receive credit for all active duty. Other retirees receive credit only for wartime active duty or service in campaigns/expeditions with authorized badges.
Creditable Service for Severance Pay
Severance pay credit is given only for military service performed by employees who return to civilian service through restoration rights. Prior military service is not creditable 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 excepted service, with conversion to career or career-conditional appointments after two years of satisfactory service.
Eligibility Criteria:
- 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.
Eligible veterans must have honorable discharges. Veterans’ preference procedures apply when agencies have multiple VRA candidates, ensuring preference eligibles are considered accordingly. Agencies must provide training or education programs for VRA appointees with less than 15 years of education. VRA appointees have limited appeal rights during their first year, similar to competitive service probationers, but preference eligibles gain adverse action protections after one year. Non-preference eligibles gain these protections after two years of continuous employment. Nonpermanent temporary or term appointments can be made based on VRA eligibility but do not lead to career-conditional conversion.
30 Percent or More Disabled Veterans
Agencies can make noncompetitive temporary or term appointments for veterans with a 30% or more disability rating (from military retirement or VA). There is no grade level limit, but appointees must meet qualification requirements. Conversion to career or career-conditional appointment is possible at any time during the temporary or term appointment.
Disabled Veterans Enrolled in VA Training Programs
Disabled veterans in VA vocational rehabilitation programs can train or gain work experience at agencies under agreements between the agency and VA. These veterans are not federal employees during training but VA beneficiaries. Upon successful completion, a Certificate of Training allows noncompetitive status quo appointments, convertible to career or career-conditional appointments.
Veterans Employment Opportunities Act of 1998 (VEOA)
VEOA allows preference eligibles or eligible veterans (3+ years of continuous active service) to apply for positions announced under merit promotion procedures when agencies recruit externally. VEOA appointments are career or career-conditional. Veterans’ preference points are not applied in VEOA appointments, but it provides access to merit promotion announcements. Agencies must include VEOA consideration in internal merit promotion announcements, or use “all sources” DEU announcements, or post separate DEU and merit promotion announcements.
Restoration After Uniformed Service
Basic Entitlement
Federal employees (except in intelligence agencies) who perform uniformed service are entitled to restoration to the position they would have attained had they not served, provided they meet specific criteria: advance notice, honorable discharge, cumulative service of no more than 5 years (with exceptions), and timely reapplication. Intelligence agencies have similar rights under their own regulations.
Employee and Agency Responsibilities
Agencies must inform employees entering uniformed service about their entitlements, obligations, benefits, and appeal rights. Employees and agencies must make good-faith efforts to resolve conflicts arising from Reserve duty. Agencies cannot question the necessity of military duty, but employees should minimize agency burden. Advance notice of military duty is expected. Agencies may contact military authorities to address conflicts, but must allow necessary military service.
Time Limits for Reemployment
Time limits for re-reporting or reapplying for reemployment vary based on length of service:
- Less than 31 days: Report back at the next scheduled workday.
- 31-180 days: Apply for reemployment within 14 days of service completion.
- More than 180 days: Apply within 90 days of service completion.
Agencies must reemploy as soon as practicable, but no later than 30 days after application. Documentation of service length and character, and application timeliness can be requested.
Positions Upon Restoration
Restoration positions depend on service length:
- Less than 91 days: Position they would have attained, or if unqualified, the position they left.
- More than 90 days: Position they would have attained, or a position of like seniority, status, and pay.
- Service-connected disabilities: Position that most closely approximates the position they would have been entitled to.
- Time-limited appointments: Finish unexpired portion of appointment.
Service Credit Upon Restoration
Upon restoration, employees are treated as if they never left, with service time counting towards seniority, pay increases, probation, tenure, retirement, and leave accrual. Military service time requires retirement fund deposits for civil service retirement credit (CSRS: 7%, FERS: 3% of basic military pay). Special rules apply to National Guard service and interrupted civilian service.
OPM Placement Assistance
OPM provides placement assistance if an agency cannot reemploy a returning service member, or if intelligence, legislative, or judicial agencies cannot reemploy, or for noncareer National Guard technicians ineligible for continued Guard membership.
Employee Protections Upon Return
Returning service members are protected from RIF: 1-year protection after service over 180 days, 6-month protection for 31-180 days of service (except for cause). Discrimination 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, active duty training, or inactive duty training in Reserve components or National Guard. Part-time employees receive pro-rated leave. Up to 15 days of unused leave can be carried over. Military leave covers drill periods and funeral honors duty. Leave is charged in hourly increments for scheduled work hours only. Weekends and holidays within military service periods are not charged. Employees can use annual leave or military leave for uniformed service.
Life and Health Insurance During Service
Life insurance continues for up to 12 months on leave without pay for uniformed service, or 90 days after service ends if separated, at no cost to the employee. Health insurance can continue for up to 12 months with employee premium payments, and for an additional 6 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
Redress and appeal rights for veterans depend on the action being appealed:
Adverse Actions
Preference eligibles have adverse action protections (demotion, suspension, furlough, removal), including advance notice, response time, representation, written decision, and MSPB appeal rights. These rights vary based on appointment type and continuous service.
Reduction in Force (RIF)
Employees believing RIF laws or OPM regulations were violated can appeal to the Merit Systems Protection Board (MSPB).
Restoration After Uniformed Service
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 MSPB.
Other Actions and Complaints
The Veterans Employment Opportunities Act of 1998 allows preference eligibles to file complaints with DOL VETS for veterans’ preference violations. Eligible veterans can file complaints with DOL VETS for improper veterans’ preference, job listing failures, or placement consideration failures. USERRA complaints regarding employment discrimination based on uniformed service are also filed with DOL VETS. Preference eligibles can file Prohibited Personnel Practice complaints with DOL VETS for willful veterans’ preference violations. Disabled veterans can file disability discrimination complaints with the EEOC. Veterans with legitimate 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 WW II
War Service: Only declared wars by Congress qualify as “war” for veterans’ preference, unlike the broader Title 38 definition used for VA benefits. World War II (December 7, 1941 – April 28, 1952) is the last qualifying “war.” Non-combat operations and associated medals (e.g., Global War on Terrorism Service Medal, National Defense Service Medal, Armed Forces Service Medal) do not qualify for preference.
Qualifying Campaigns and Expeditions: Campaign and expeditionary medals, including any Armed Forces Expeditionary Medal, qualify for veterans’ preference. A table lists qualifying campaigns and expeditions with inclusive dates, including Afghanistan, Berlin, Bosnia, Cambodia, Congo, Cuba, Dominican Republic, El Salvador, Grenada, Haiti, Iraq, Korea, Kosovo, Lebanon, Panama, Persian Gulf operations, Somalia, and Vietnam.
Navy and Marine Corps Expeditionary Medals: A separate table lists Navy and Marine Corps Expeditionary Medals and qualifying operations, such as Cuba, Indian Ocean/Iran, Lebanon, Liberia, Libyan Area, Panama, Persian Gulf, Rwanda, and Thailand.
Vet Guide Campaigns and Expeditions: Another table lists additional Vet Guide campaigns and expeditions, including Army/Navy Occupations of Austria, Berlin, Germany, Japan, Chinese Service Medal, Korea Defense Service Medal, Korean Service, Kosovo Campaign Medal operations, Southwest Asia Service Medal, Units of the Sixth Fleet, Vietnam Service Medal, and Rwanda/Thailand operations (repeated from previous tables).
VetGuide Appendix B: Uniformed Service Qualifying for Veterans Preference
This appendix lists various military and related organizations and whether service in them qualifies for veterans’ preference. Qualifying service generally includes active duty in the U.S. Armed Forces, active service in the Public Health Service (qualifying for “full military benefits”), and active service in the Coast and Geodetic Survey/successor organizations when transferred to Armed Forces jurisdiction. Service in the Philippine Army (except Philippine Scouts) between 1941-1946 is generally not qualifying. The Women’s Army Auxiliary Corps (WAACS) is not qualifying, while the Women’s Army Corps (WACS) is. Merchant Marine service and Cadet Nurse Corps service generally do not qualify. Specific notes clarify definitions of military service under veterans’ preference laws, including coverage of successor organizations to the Coast and Geodetic Survey (NOAA), and service of Merchant Marine Reservists called to active Navy duty.
VetGuide Appendix C: Officer Personnel by Pay Grades and Titles (Ranks)
This appendix provides tables listing officer pay grades and corresponding ranks across different uniformed services (Army, Air Force, Marine Corps, Navy, Coast Guard, NOAA, Public Health Service), categorized as Major and Above and Below Major ranks. It includes pay grades O-10 to O-1, W-4 to W-1, and enlisted pay grades (E-).
VetGuide Appendix D: A Brief History of Veterans Preference
This appendix provides a historical overview of veterans’ preference in federal civil service, tracing its evolution from pre-Civil War practices to modern legislation.
Preference Before the Civil War: Early forms of preference included pensions and bonuses, with federal appointments as rewards for service, primarily for officers.
Civil War to World War I: The first veterans’ preference law in 1865 favored disabled veterans. Amendments introduced “suitability” requirements (1871) and RIF retention preference (1876). Civil Service Commission regulations (1888) and Executive Orders (1889, 1892) further expanded preference in appointments and reinstatements.
Preference Between World Wars: The Census Act of 1919 broadened preference to all honorably discharged veterans, their widows, and wives of disabled veterans, shifting focus from disability to service. Executive Orders in 1923 introduced point systems (10 points for disabled, 5 for non-disabled veterans) and in 1929 restored disabled veterans to the top of certification lists. A 1938 Civil Service Commission rule strengthened pass over protections for veterans.
Veterans Preference Act of 1944: This landmark act consolidated and strengthened existing preference provisions into law, becoming the cornerstone of modern veterans’ preference. It defined preference eligibility and application across various federal employment actions.
Veterans Preference Since 1944: Amendments and new legislation post-1944 expanded preference to mothers of veterans (1948), Korean War veterans (1952), Vietnam-era veterans (1966, 1967), and Gulf War veterans (1997). The 1976 law restricted preference for post-Vietnam service to disabled veterans and those serving in wars/campaigns. The Civil Service Reform Act of 1978 created benefits for 30% or more disabled veterans and limited preference for non-disabled retired majors and above. The VOW Act of 2011 addressed DD-214 requirements for active duty applicants.
Timeline of Veterans Preference: A timeline summarizes key legislative and regulatory milestones in veterans’ preference from 1865 to 2006, highlighting expansions and modifications to veterans’ preference laws. This includes the initial 1865 law, RIF preference (1876), post-WWI expansion (1919), point systems (1923, 1929), the Veterans Preference Act of 1944, Korean War and Vietnam-era extensions (1952, 1966, 1967), VRA (1974), post-Vietnam restrictions (1976), Civil Service Reform Act (1978), DOL enforcement (1988), VRA amendments (1990, 1992), Gulf War preference (1997), and post-9/11 preference (2006).
This comprehensive guide provides a detailed overview of veterans’ preference in federal employment, aiming to clarify the rights and advantages afforded to veterans in seeking and maintaining federal careers. For the most current and definitive information, always consult official OPM resources and legal references.
Alt text: American flag waving proudly, symbolizing veterans’ service and sacrifice.
Alt text: Silhouetted soldiers in uniform saluting, representing military honor and respect for veterans.
