As a supervisor or manager in the Federal government, you are responsible for ensuring that appropriate consideration is provided to veterans applying for your positions. You should understand how veterans' preference works and why you should provide consideration. You should also understand that veterans who make your certificate of eligibles have met the qualification requirements for your position, and you should give full consideration to these veterans in the hiring process. Veterans should be treated the same as all other candidates on your certificate of eligibles. Remember, however, that you will have to provide documentation which can only be gained in the interview process and through appropriate reference checks in order to make a valid case to pass over a veteran in the selection process.
Use the links below to learn more about veterans' preference and your role in ensuring that appropriate consideration is given to veterans:Since the time of the Civil War, veterans of the Armed Forces have been given some degree of preference in appointments to Federal jobs. Recognizing their sacrifice, Congress enacted laws to prevent veterans seeking Federal employment from being penalized for their time in military service.
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, 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.
Veterans' preference in its present form comes from the Veterans' Preference Act of 1944, as amended, and is now codified in various provisions of title 5, United States Code. By law, veterans who are disabled or who served on active duty in the Armed Forces during certain 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.
The Office of Personnel Management (OPM) is responsible for administering entitlement to veterans' preference in employment under title 5, United States Code, and oversees other statutory employment requirements in titles 5 and 38 (Title 38, United States Code, also governs veterans' entitlement to benefits administered by the Department of Veterans Affairs (VA).
Preference applies in hiring for virtually all 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.
In ARS, veterans' preference applies in hiring conducted under the USDA Demonstration (DEMO) Project Hiring Authority. While points are not assigned under the DEMO Hiring Authority, veterans are afforded preference.
Veterans' preference also applies when using excepted service appointing authorities such as those used in ARS to hire students, temporary workers hired under the L/A Authority, and post doctoral research associates.
NOTE: Veterans must meet the qualification requirements for positions in order to receive employment consideration. Once it is determined that the qualification requirements are met, the veteran is given preference in the hiring process.
When is veterans' preference given?
To receive preference, a veteran must have been separated from active duty in the Armed Forces with an honorable or general discharge. "Armed Forces" means the Army, Navy, Air Force, Marine Corps and Coast Guard.
Also, retired veterans must be disabled or have retired below the rank of Major to be eligible for preference. See the OPM Vet Guide, Appendix A: Wars, Campaigns and Expeditions of the Armed Forces Since WWII Which Qualify for Veterans Preference for specific war service, non-combat operations, campaigns, expeditions and service medals which qualify for veterans' preference.
Preference in hiring applies to permanent and temporary positions in the competitive and excepted services of the executive branch (including those appointing authorities used in ARS to hire students, temporary workers hired under the L/A Authority, and post doctoral research associates). Preference does not apply to positions in the Senior Executive Service.
Preference applies in hiring from civil service examinations conducted by the Office of Personnel Management and by agencies under delegated examining authority, for most excepted service jobs including Veterans' Readjustment Appointments (VRA), and when agencies make temporary, term, and overseas limited appointments. Veterans' preference does not apply to promotion, reassignment, change to lower grade, transfer or reinstatement.
Demonstration Project Certificates (Competitive Service Hires)
In ARS, veterans' preference applies in hiring conducted under the USDA Demonstration (DEMO) Project Hiring Authority. While points are not assigned under the DEMO Hiring Authority (as they are under traditional OPM hiring mechanisms), veterans are afforded preference as outlined below.
Under the USDA DEMO Project hiring authority, applicants for positions are placed in groups as follows:
Within each categorical group, preference eligibles (i.e., veterans) are listed ahead of nonpreference eligibles. In addition, for positions other than scientific and professional at GS-9 and above, preference eligibles (i.e., veterans) with a compensable service-connected disability of 10 percent or more who meet basic eligibility requirements will be listed at the top of the QUALITY group.
Selections for positions advertised under the USDA DEMO Authority are made from among candidates in the quality group. When there is an inadequate number of candidates in the quality group, all qualified candidates from all sources will be listed as a single group.
In making selections, the provisions granting extra points for veterans and the rule of three (traditional OPM hiring mechanisms) will not be followed because candidates are not assigned points or ranked numerically within a group. Instead, all preference eligibles (i.e., veterans) in a group will be listed ahead of non-preference eligibles and all preference eligibles (i.e., veterans) are considered equal in the selection process (for example, a 5 point veteran may be selected over a 10 point veteran). Preference eligibles (i.e., veterans) must be selected before nonpreference eligibles unless there is a valid reason for passing over the candidate.
Students, Temporary Workers Hired Under L/A Authority, and Post Doctoral Research Associates (Excepted Service Hires)
Veterans' preference also applies when using excepted service appointment authorities such as those used in ARS to hire students, temporary workers hired under L/A Authority, and post doctoral research associates.
Basically, each applicant will be identified as one of the following (See OPM's Vet Guide for more specific information):
CPS (10 point) – 10-point compensable preference based on a service-connected disability of 30% or more; an applicant must submit an SF-15, Application for 10-Point Veterans' Preference plus the documentation required by that form.
CP (10 point) – 10-point compensable preference based on a service-connected disability of 10% or more, but not 30%; an applicant must submit an SF-15, Application for 10-Point Veterans' Preference plus the documentation required by that form.
XP (10 point) – 10-point (other) preference; granted to recipients of the Purple Heart, persons with a non-compensable service-connected disability (less than 10%), widow/widower or mother of a deceased veteran, or spouse or mother of a disabled veteran; an applicant must submit an SF-15, Application for 10-Point Veterans' Preference plus the documentation required by that form.
TP (5 point) – 5-point preference; an applicant must submit a DD-214, Certificate of Release or Discharge from Active Duty, or other proof of eligibility.
NV – designated as a non-veteran.
Candidates must be considered in the following order of veterans' preference priority: CP/CPS, XP, TP, and NV. Therefore, a NV cannot be selected if an eligible, qualified veteran is available, nor can a TP veteran be selected if an XP veteran is available.
Contact your servicing Human Resources Specialist if you have any questions or concerns regarding adjudicating veterans' preference in the excepted service.
Keep in mind, that individuals claiming veterans' preference must meet the qualifications requirements for the position in order to be considered. To pass over any preference eligible(s) (i.e., veteran) to select a nonpreference eligible requires approval under formal pass over procedures.
Merit Promotion Hires
Under the Veterans Employment Opportunities Act of 1998 (VEOA) veterans who have been separated under honorable conditions from the armed forces with 3 or more years of continuous active service can compete for positions under agency merit promotion procedures when an agency accepts applications from outside its own workforce. Veterans applying are rated and ranked with other merit promotion eligibles, and those that are among the best qualified candidates for the position are forwarded to the selecting official for consideration. These veterans may be selected, but veterans preference is not a factor under Merit Promotion except to provide consideration to the veteran only. If selected, the veteran is given a career or career-conditional appointment, as appropriate.
What documentation is required if you want to pass over a veteran on a certificate?
Veterans must be selected for positions before non-veterans unless there is a valid reason for passing over the candidate. Together with your servicing Human Resources Specialist, you determine the qualification requirements that must be met by candidates for your position(s). You determine the KSAs (knowledge, skills, and abilities) to use as minimum qualifications and as selective factors in your announcement. Applicants meeting your defined criteria are placed in the appropriate categorical group.
While veterans do receive preference when applying, they still must meet the qualification requirements for each position for which they apply. Therefore, veterans on your certificates have met the qualification requirements for the position as you defined them and should be given full consideration in the hiring process. Veterans should be treated the same as all other candidates on your certificate of eligibles. Remember, however, that you will have to provide documentation which can only be gained in the interview process and through appropriate reference checks in order to make a valid case to pass over a preference eligible in the selection process.
NOTE: If you encounter a situation where you believe the veteran should be passed over, you should immediately contact your servicing Human Resources Specialist who will advise you on whether you have a legitimate reason to make a request to pass over the veteran and guide you in preparing the necessary paperwork for approval.
Requests to pass over a veteran must be addressed in writing and sent from you through the servicing Human Resources Specialist, through the servicing Branch Chief, to the Director, Human Resources Division, for approval. Requests must include:
What special appointing authorities can you
use when hiring veterans?
NOTE: Veterans must meet the qualification requirements for positions in order to receive employment consideration. Once it is determined that the qualification requirements are met, the veteran is given preference in the hiring process.
The following special appointing authorities are available for use when hiring veterans:
The Veterans' Readjustment Appointment (VRA) – The VRA is a special authority by which agencies can appoint an eligible veteran without competition. The VRA is an excepted service appointment to a position that is otherwise in the competitive service. After 2 years of satisfactory service, the veteran is converted to a career-conditional appointment in the competitive service. (Note, however, that a veteran may be given a noncompetitive temporary or term appointment based on VRA eligibility. These appointments do not lead to career jobs.)
When two or more VRA applicants are preference eligibles, the agency must apply veterans' preference as required by law. (While all VRA eligibles have served in the Armed Forces, they do not necessarily meet the eligibility requirements for veterans' preference under section 2108 of title 5, United States Code).
30 Percent or More Disabled Veterans – These veterans may be given a temporary or term appointment (not limited to 60 days or less) to any position for which qualified (there is no grade limitation). After demonstrating satisfactory performance, the veteran may be converted at any time to a career-conditional appointment.
Disabled Veterans Enrolled in VA Training Programs – Disabled veterans eligible for training under the Department of Veterans Affairs' (VA) vocational rehabilitation program may enroll for training or work experience at an agency under the terms of an agreement between the agency and VA. The veteran is not a Federal employee for most purposes while enrolled in the program, but is a beneficiary of the VA.
The training is tailored to individual needs and goals so there is no set length. If the training is intended to prepare the individual for eventual appointment to the agency (rather than just work experience), OPM must approve the training plan. Upon successful completion, the veteran will be given a Certificate of Training showing the occupational series and grade level of the position for which trained. This allows any agency to appoint the veteran noncompetitively for a period of 1 year. Upon appointment, the veteran is given a Special Tenure Appointment which is then converted to career-conditional with OPM approval.
Veterans Employment Opportunities Act of 1998 (VEOA) – This authority allows veterans who have been separated under honorable conditions from the armed forces with 3 or more years of continuous active service to compete for positions under merit promotion procedures when an agency accepts applications from outside its own workforce. The veteran is rated and ranked with other merit promotion eligibles. Those who are among the best qualified (including any qualified veterans) may be selected by the appointing official. Veterans' preference is not a factor under Merit Promotion. This authority allows veterans to be considered only, and does not guarantee selection. If selected, the veteran is given a career or career-conditional appointment, as appropriate.
Your servicing Human Resources Specialist can advise you on the eligibility requirements for individuals seeking employment under these special appointing authorities.
You can also find information in the:
Are there any positions where selection is restricted to veterans?
Yes, examinations for custodian, guard, elevator operator and messenger positions are restricted to preference eligibles (i.e., veterans) as long as such applicants are available.
What documents do veterans need to submit to claim their entitlement to veterans' preference?
To claim 5-point veterans'
preference, veterans must submit a copy of their DD-214, Certificate of Release
or Discharge from Active Duty, or other proof of eligibility.
To claim 10-point veterans' preference, veterans must submit an SF-15, Application
for 10-Point Veterans' Preference, plus other documentation required by this
form.
Department
of Veterans Affairs (VA)
VA
Vocational Rehabilitation and Employment Services