What is Veterans' Employment Preferences?

Since the era of the Civil War, the United States has recognized the immense sacrifices made by its military personnel by instituting a system that grants preference to veterans seeking federal employment. This initiative, enshrined in the Veterans' Preference Act of 1944 and codified in various provisions of Title 5 of the U.S. Code, serves a dual purpose. Firstly, it aims to prevent veterans from being disadvantaged in their pursuit of federal jobs due to their time spent in military service. Secondly, it acknowledges the economic loss endured by these individuals during their service to the nation and seeks to restore them to a favorable competitive position within the federal workforce.

The underlying principle behind veterans' preference is a profound acknowledgment of the larger obligation owed to those who have served, particularly those with service-connected disabilities. By granting veterans an edge in the hiring process, the government not only expresses its gratitude but also creates opportunities for these individuals to transition seamlessly into civilian life and pursue rewarding careers in public service.

Eligibility Criteria and Documentation Requirements

To be eligible for veterans' preference, individuals must have been discharged or released from active duty in the U.S. Armed Forces under honorable conditions. This encompasses honorable and general discharges. However, it is crucial to note that not all active-duty service automatically qualifies for veterans' preference upon separation from the military. Specific criteria must be met, which are outlined in the following sections.

When claiming veterans' preference, applicants are typically required to provide supporting documentation. The most common forms of documentation include:

• DD-214 (Certificate of Release or Discharge from Active Duty): This document, specifically the Member Copy-4, displays the condition of discharge (e.g., honorable) and dates of service. Alternatively, a certification from the Armed Forces stating that the service member is expected to be released under honorable conditions within 120 days of the certification's signature date may be accepted.
• SF-15 (Application for 10-Point Veterans' Preference): This form is mandatory for those claiming 10-point preference.
• Letter from the Department of Veterans Affairs: This letter reflects the veteran's level of disability (e.g., 15%, 30%) and is required for those claiming 10-point preference based on a service-connected disability.

It is essential to carefully review the specific documentation requirements outlined in each job announcement, as they may vary slightly. Failure to provide the necessary documentation can result in disqualification from consideration for veterans' preference.

Types of Veterans' Preference

The veterans' preference system employs a numerical rating system, with veterans receiving additional points based on their status as a military service member, either during their active service or their current service. These points are added to their overall rating, which is determined by an assessment of their knowledge, skills, abilities, and experience.

There are four primary classifications of veterans' preference:

1. TP (5-Point Preference): This category applies to honorably discharged veterans who served during a war, between April 28, 1952, and July 1, 1955, or for more than 180 consecutive days (other than for training) after January 31, 1955, and before October 15, 1976. It also includes veterans who served on active duty (not for training) for more than 180 consecutive days, any part of which occurred during the period beginning September 11, 2001, and ending on the date prescribed by Presidential proclamation or law as the last day of Operation Iraqi Freedom. Additionally, veterans who served in a campaign or expedition for which a campaign medal has been authorized and awarded are eligible for this preference. Retirees at the rank of major, lieutenant commander, or higher are ineligible for this type of preference.
2. CPS (10-Point 30% Compensable Disability Preference): Honorably discharged veterans with a compensable service-connected disability rating of 30% or more fall into this category. These individuals can be placed at the top of the highest-ranking category on the referral listing if they meet the minimum qualifications for the position.
3. CP (10-Point Compensable Disability Preference): This category encompasses honorably discharged veterans with a compensable service-connected disability rating of greater than 10% but less than 30%. Like CPS veterans, they can be placed at the top of the highest-ranking category on the referral listing if they meet the minimum qualifications for the position.
4. XP (10-Point Disability Preference): Honorably discharged veterans with a compensable service-connected disability but who do not meet the requirements of the CPS or CP categories, or veterans who have received a Purple Heart, fall into this classification. Veterans in this category are placed ahead of non-veterans within their respective ranking category based on their assessment score.
5. XP (10-Point Derived Preference): In certain cases, eligible spouses, widows/widowers, or mothers of veterans may be able to claim veterans' preference when the veteran is unable to use their preference. This is known as derived preference.
6. SSP (Sole Survivorship Preference): If a veteran is the only surviving child in a family where the mother, father, or one or more siblings served in the armed services and was killed or permanently 100% disabled, they may receive sole survivorship preference. Veterans in this category are placed ahead of non-veterans within their respective ranking category based on their assessment score.

It is important to note that veterans' preference does not guarantee employment, nor does it apply to internal agency actions such as promotions, transfers, reassignments, and reinstatements. The preference is designed to provide qualified veterans with an opportunity to compete for federal positions, not to place a veteran in every vacant federal job.

Applying Veterans' Preference in the Hiring Process

When an agency uses a category rating system, as is the case with the Department of Veterans Affairs (VA), preference candidates with a compensable service-connected disability of 10% or more (CPS and CP categories) are placed at the top of the highest category on the referral list. This applies unless the position is specifically scientific or professional at the GS-9 level or higher.

Candidates with a disability rating of less than 10% or no disability rating (XP and TP categories) are placed above non-preference candidates within their assigned category.

To determine if a job opportunity supports veterans' preference, applicants should carefully review the "Who May Apply" section of the job announcement. If veterans are listed as eligible applicants, an icon resembling a white shield or a badge on a green circle will typically be displayed. Additionally, job search platforms like USAJOBS often provide filters to narrow down job listings specifically open to veterans.

Exceptions and Special Considerations

While veterans' preference is a valuable tool for many former service members, there are certain exceptions and special considerations to be aware of:

1. Retired Officers: If you are a retiree and hold the rank of O-5 (lieutenant colonel or commander) or above, you are generally not eligible for veterans' preference. However, retired officer-class applicants can still apply using the preferences for disabled veterans if they meet the eligibility criteria.
2. National Guard and Reserve Service: Active-duty time served solely for training purposes as part of the National Guard or Reserve component does not typically contribute toward veterans' preference eligibility. Some type of active-duty service outside of training is typically required to earn preference.
3. Senior Executive Service and Positions Requiring Senate Confirmation: Veterans' preference does not apply to positions in the Senior Executive Service or to Executive Branch positions that require Senate confirmation.
4. Legislative and Judicial Branches: The legislative and judicial branches of the federal government are generally exempt from the Veterans' Preference Act unless the positions are in the competitive service or have been made subject to the Act by another law.

It is essential to carefully review the specific requirements and exceptions outlined in each job announcement to ensure that you understand the applicability of veterans' preference and any additional documentation or eligibility criteria that may be required.

Special Hiring Authorities for Veterans

In addition to veterans' preference, there are several special hiring authorities designed specifically for veterans, which can enhance their chances of being considered for federal employment. These authorities represent a few of the many appointing authorities that agencies may use as authorized. While veterans are not entitled to appointment under any of these authorities, knowledge of their existence and eligibility criteria can be advantageous during the job search process.

1. Veterans Recruitment Appointment (VRA): This excepted authority allows an agency to non-competitively appoint an eligible veteran to a position in the Excepted Service at any grade level up to and including a GS-11 (or equivalent). After two years of continuous service, the veteran will be converted into the Competitive Service. Eligible veterans include those who have been honorably discharged and served in a war, are in receipt of a campaign badge for service in a campaign or expedition, are disabled veterans, possess an Armed Forces Service Medal, or have separated within the last three years.
2. 30% or More Disabled Veteran Authority: This authority allows an agency to non-competitively appoint any veteran with a 30% or more service-connected disability to a temporary or term appointment (at least 60 days but not exceeding one year or more than one year but not more than four years, respectively) in the competitive service. There is no grade level restriction, and the agency has the discretion to convert such an appointment to a permanent position if desired.
3. Veterans Employment Opportunity Act of 1998 (VEOA): The VEOA appointing authority allows preference-eligible veterans and certain other eligible veterans to compete for permanent positions in the competitive service as though they are "status" candidates (current or former federal employees with permanent or conditional tenure). To be eligible, the veteran's latest discharge must have been issued under honorable conditions, and they must be either a preference-eligible veteran or a veteran who substantially completed three or more years of active service under honorable conditions.
4. Disabled Veterans Enrolled in a VA Training Program: Disabled veterans eligible for training under the VA vocational rehabilitation program may enroll for training or work experience at an agency under the terms of an agreement between the agency and the VA. Upon successful completion, the veteran receives a Certificate of Training, which allows any agency to appoint them non-competitively under a status quo appointment that may be converted to career or career-conditional at any time.

These special hiring authorities represent just a few of the many options available to veterans seeking federal employment. It is essential to review each job opportunity announcement carefully to determine if any of these authorities are applicable and to understand the specific eligibility requirements and documentation needed to support your application.

Protecting Veterans' Preference Rights

The Department of Labor's Veterans' Employment and Training Service (VETS) is authorized to investigate and resolve complaints of violations regarding veterans' preference. If you believe your veterans' preference rights have been violated, you have the right to file a complaint with VETS in writing within 60 days of the alleged violation.

Upon receipt of a timely complaint, VETS will conduct an investigation to determine if the claimant's veterans' preference rights have been infringed upon or if the claimant was denied the opportunity to compete under merit promotion procedures when the agency was accepting applications from outside its workforce. If VETS determines that the case has merit, efforts will be made to resolve the issue. If a resolution is not reached in a timely manner or in cases of appeal, the claimant may elect to elevate the complaint to the Merit Systems Protection Board (MSPB).

It is important to note that federal law prohibits federal government employers from denying jobs to service members or veterans based on their past, present, or future uniformed service. If you feel you have been discriminated against because of your status as a veteran or service member, or because you have attempted to enforce your rights or someone else's rights as a veteran or service member, you have the right to file a complaint and participate in an investigation without fear of retaliation from your employer.

Pathways Programs for Students and Recent Graduates

While not specifically designed for veterans, the Pathways Programs offer clear paths to federal internships and careers for individuals at the beginning of their federal service, including students and recent graduates. These programs provide meaningful training and career development opportunities and may be of interest to veterans who are students or recent graduates.

1. Internship Program: This program offers paid opportunities for current students enrolled in a wide variety of educational institutions, from high school to graduate level, to work in federal agencies and explore federal careers while still in school.
2. Recent Graduates Program: This program is designed for individuals who have recently graduated from qualifying educational institutions or programs and seek a dynamic career development program with training and mentorship. To be eligible, applicants must apply within two years of degree or certificate completion (except for veterans precluded from doing so due to their military service obligation, who will have up to six years to apply).
3. Presidential Management Fellows Program: For more than three decades, the PMF Program has been the federal government's premier leadership development program for advanced degree candidates. This program is now open to individuals who have received a qualifying advanced degree within the preceding two years.

While not specifically targeted at veterans, these Pathways Programs offer valuable opportunities for veterans who are students or recent graduates to explore and pursue federal employment.

Additional Resources and Support

Navigating the complexities of veterans' preference and special hiring authorities can be challenging. Fortunately, there are several resources available to assist veterans in understanding their rights and opportunities:

1. Veterans' Preference Advisor: Developed by the Department of Labor's Office of the Assistant Secretary for Policy (OASP) and Veterans' Employment and Training Service (VETS), this online, interactive system helps veterans understand whether they are eligible for veterans' preference, the type of preference they may be entitled to, the associated benefits, and the steps necessary to file a complaint if their rights have been violated.
2. OPM's FedsHireVets Website: The Office of Personnel Management (OPM) maintains a dedicated website, FedsHireVets, which provides comprehensive information on veterans' preference, special hiring authorities, and other resources to support veterans seeking federal employment.
3. Agency-Specific Resources: Many federal agencies, including the Department of Veterans Affairs (VA) and the Department of Defense (DOD), offer agency-specific resources and guidance for veterans interested in employment opportunities within their organizations.
4. Veterans' Service Organizations: Organizations such as the American Legion, Disabled American Veterans (DAV), and the Veterans of Foreign Wars (VFW) often provide assistance and resources to help veterans navigate the federal employment process and understand their rights and opportunities.

By leveraging these resources and staying informed about the latest developments and changes in veterans' preference and hiring policies, veterans can better position themselves for success in securing federal employment opportunities.

Conclusion

The veterans' preference system is a testament to the United States' commitment to honoring the sacrifices of its military personnel and ensuring their successful transition into civilian life. By granting qualified veterans an advantage in the federal hiring process, the government acknowledges the economic and personal sacrifices made by these individuals in service to their country.

While navigating the complexities of veterans' preference and special hiring authorities can be challenging, a thorough understanding of the eligibility criteria, documentation requirements, and application processes is essential. By leveraging the resources available and staying informed, veterans can maximize their opportunities and increase their chances of securing rewarding careers in the federal government.

Ultimately, the veterans' preference system serves as a powerful tool for recognizing and rewarding the dedication and service of those who have answered the call to defend the nation. It represents a commitment to ensuring that the transition from military to civilian life is as seamless as possible and that veterans have access to meaningful employment opportunities that allow them to continue contributing to the greater good.