VP One
True or False: Military retirees at the rank of major, lieutenant commander, or higher are not eligible for preference in appointment unless they are disabled veterans. This does not apply to Reservists who will not begin drawing military retired pay until age 60.
Answer: True
Ref: DEOH Chapter 4, Sec B, or OPM’s Federal Employment Policy Handbook: Veterans and the Civil Service (VetGuide) (Type of Preference section)
Types of Discharges are:
A. Honorable
B. Dishonorable
C. Uncharacterized
D. General
E. All of the above
Answer E:
Reference VetGuide
True or False: You must place preference eligibles ahead of non-preference eligibles in each category.
Answer: True
Ref: 5 U.S.C. 3319
True or False: Under category rating, veterans' preference is applied by assigning 5 or 10 preference points, as appropriate.
Answer False
Ref: 5 U.S.C. 3319
DEOH Handbook Ch 5
A veteran who served at any time and who has a compensable service-connected disability rating of 30 percent or more is adjudicated as:
A. CP
B. CPS
C. TP
D. XP
Answer B:
Vet Guide
Proof of veterans’ preference entitlement is required when:
A. Positions are restricted to preference eligibles (custodian, elevator operator, guard, and messenger positions (5 U.S.C. 3310)
B. Veterans' preference is used as a basis for accepting an application after the closing date
C. Another veteran applies for the same position
D. There are more than ten applicants for the position
Answer: A & B
Ref: DEOH Chapter 4, Section B, VET Guide
(custodian, elevator operator, guard, and messenger positions (5 U.S.C. 3310)
What Staffing regulation describes the willful violation of Veteran’s preference?
a. Prohibited Veterans Actions (PVA)
b. Prohibited Personnel Practice (PPP) (#11) – Knowingly violate veterans’ preference requirements
c. Merit System Principles (MSP)
d. Discrimination and Violation Actions (DVA)
Answer B:
Since a willful violation of Veterans' Preference is a Prohibited Personnel Practice (#11), 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.
REF: VetGuide – ‘Other Actions’; OPM’s ‘Prohibited Personnel Practices’, Section 2302
What is the basis for determining Veterans’ Preference eligibility? Select all that apply.
a. Dates of active duty service
b. Receipt of a campaign badge or purple heart
c. Service connected disability
d. Date placed on terminal leave
Answer: A, B,C
In accordance with title 5, United States Code, Section 2108 (5 USC 2108) , Veterans’ preference eligibility is based on dates of active duty service, receipt of a campaign badge, Purple Heart, or a service-connected disability. Please know that not all active duty service may qualify for veterans’ preference.
REF: FEDS Hire VETS – ‘Veterans Preference’; 5 U.S.C. Section 2108
What internal (merit promotion) action(s) apply to Veterans’ Preference? Select all that apply.
a. Promotion
b. Transfer
c. Reassignments
d. Reinstatements
e. None of the above
Answer: E
When agencies recruit from outside their own workforce under merit promotion (internal) procedures, announcements must state VEOA is applicable. As a VEOA eligible you are not subject to geographic area of consideration limitations. When applying under VEOA, you must rate and rank among the best qualified when compared to current employee applicants in order to be considered for appointment. Your veterans' preference does not apply to internal agency actions such as promotions, transfers, reassignments and reinstatements.
REF: FEDS Hire VETS – ‘Veterans Employment Opportunity Act of 1998, as amended (VEOA)
A 10-point preference eligible may file an application at any time for any positions for which:
A. A register is about to be established
B. A non-temporary appointment has been made within the past 3 years
C. A list of eligible applicants currently exists but is closed to new applicants
D. Before the register is closed
Answer: A, B, C
A 10-point preference eligible may contact the employing agency to file a late application.
Agencies are responsible for accepting, retaining, and considering the preference eligible’s application as required by law and regulation regardless of whether the agency uses case examining or maintains a standing register of eligibles.
Agencies must accept applications from 10-point preference eligibles, as described next, for future vacancies that may arise after a case examining job announcement or standing register is closed.
• A 10-point preference eligible may file a job application with an agency at any time. If the applicant is qualified for positions filled from a register, the agency must add the candidate to the register, even if the register is closed to new applicants.
DEOH handbook
What type of appointment can be given to a VEOA candidate?
A. Temporary appointment
B. Term appointment
C. Career or Career-Conditional appointment
D. None of the above
Answer C
Ref: OPM’s Federal Employment Policy Handbook: Veterans and the Civil Service (VetGuide)
Minnie Mouse received a general discharge from the Army after 15 years of service (Block 23 of DD214 - Certificate of Release or Discharge from Active Duty). At discharge, Cordero’s rank listed on his DD214 was Chief Master Sergeant. His DD214 revealed the following in Block 13 - "Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized": Good Conduct Medal// National Defense Service Medal// Expert Marksmanship Qualification Badge with Automatic Rifle//The Antarctica Service Medal//Armed Forces Service Medal//Armed Forces Expeditionary Medal (AFEM) 3 Dec 2002 – 21 Nov 2003//Afghanistan (Operations Enduring Freedom (OEF) and Iraqi Freedom (OIF) 20 Apr 2003 – 10 Jul 2004//Iraq (Operations Northern Watch, Desert Spring, Enduring Freedom (OEF), and Iraqi Freedom (OIF) 10 Oct 2004 – 30 Sept 2005. Attached to Cordero’s DD214 is an SF-15 (Application for 10-Point Veteran Preference) and a VA letter that indicates Minnie has a disability rating of 40 percent. Minnie discharge (general under honorable conditions) date was 14 Aug 2011.
Based on the information provided above, determine if Minnie eligible for Veteran’s Preference. Select the correct answer below.
a.10-Point 30 Percent Compensable Disability Preference (CPS)
b.10-Point Compensable Disability Preference (CP)
c.10-Point Disability Preference (XP)
d.10-Point Derived Preference (XP)
Answer A:
REF: VetGuide – ’10-Point 30 Percent Compensable Disability Preference (CPS)’
What types of jobs are restricted to preference eligible veterans?
a. Guards, elevator operators, messengers, and custodians are restricted to preference eligibles when they are available
b. Firefighters, law enforcement officers and air traffic controllers are restricted to preference eligibles when they are available
c. Reinstatement eligibles, transfer eligibles and all conversions are restricted to preference eligibles when they are available
d. Supply Technicians, guards, crane operators and telephone linemen are restricted to preference eligibles when they are available
Answer A
Appointment through competitive examination and "outside the register" procedures for positions of guards, elevator operators, messengers and custodians are restricted to preference eligibles when they are available.
EXAMPLE: Hesse v. Department of Army – Hesse applied for employment as a security guard, GS-0085-05, a position that by law may be filled only by appointment of a preference eligible, as long as qualified preference eligible candidates are available. Hesse was tentatively selected for the position before the agency confirmed that he was entitled to the preference he claimed. After reviewing documents related to Mr. Hesse’ military service, the agency concluded that he was not preference eligible, and that he, therefore, could not be appointed to the position for which he had applied. Hesse filed a claim under the Veterans Employment Opportunities Act of 1998. He was found to be preference eligible and the agency was ordered to reconstruct the selection process for the security guard position.
REF: VetGuide – ‘Jobs Restricted to Preference Eligibles’; 5 U.S.C. 3310; 5 CFR Part 330, Subpart D; 5 U.S.C. 2108(3)
Special Hiring Authorities for Veterans are designed for veterans. Knowing about these authorities and identifying a veterans’ eligibility for the hiring authority will enhance your job knowledge. What are the special appointing authorities an agency may use at their discretion to appoint veterans? Select the correct answer(s).
a. Veterans’ Recruitment Appointment (VRA) Authority – Veterans’ Recruitment Appointment is an excepted authority that allows agencies to appoint eligible veterans without competition.
b. Veterans Employment Opportunity Act of 1998, as amended (VEOA) - Veterans Employment Opportunity Act of 1998, as amended (VEOA) is a competitive service appointing authority that can only be used when filling permanent, competitive service positions. It cannot be used to fill excepted service positions. It allows veterans to apply to announcements that are only open to so called "status" candidates, which means "current competitive service employees."
c. Schedule B Appointing Authority - Employees who are appointed in the competitive service should be placed on a Schedule B appointment until they are given a career-conditional appointment.
d. 30 Percent or More Disabled Veteran – 30 Percent or More Disabled Veteran allows any veteran with a 30 percent or more service-connected disability to be non-competitively appointed.
Answer: A, B, D
REF: VetGuide – ‘Disabled Veterans Enrolled in a VA Training Program’; 38 U.S.C. chapter 31; 5 CFR 3.1 and 315.604; FEDS Hire VETS lists Special Hiring Authorities for Veterans.
What type of appointment would a new VEOA eligible veteran receive if he/she competes under merit promotion procedures and is selected for the position?
a. Career or Career Conditional Appointment
b. Temporary or Term Appointment
c. Non-status Appointment
d. Excepted Service Appointment
Answer: A
The VEOA mandates that eligible veterans be given career or career-conditional appointments; temporary or term appointments cannot be offered. The VEOA gives preference eligibles or veterans access and opportunity to apply for positions for which the agency is accepting applications beyond its own workforce under merit promotion procedures. Access and opportunity are not an entitlement to the position and it is not a guarantee for selection.
REF: VetGuide – ‘Veterans Employment Opportunities Act of 1998’ – ‘Questions and Answers’ – Can VEOA candidates be considered for temporary and term positions?
True or False: When using merit promotion procedures, veterans’ preference applies to appointments under the VEOA.
Answer: False
Ref: OPM’s Federal Employment Policy Handbook: Veterans and the Civil Service (VetGuide)
Victor Holiday served 10 years with the Navy. Victor’s rank at the time of separation was Chief Petty Officer (Block 4 of DD214) and the type of separation was Honorable (Block 23 of DD214 -Certificate of Release or Discharge from Active Duty). Victor’s DD214 revealed the following in Block 13 - "Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized": National Defense Service Medal// The Armed Forces Service Medal// Armed Forces Expeditionary Medal (AFEM) (22 Oct 2002 – 2 May 2003// Global War on Terrorism 30 Sep 2004 – 15 Dec 2007 (campaign)// Army Achievement Medal// Meritorious Service Medal//National Defense Service (2nd Award)// Non-commissioned Officer’s Professional Development Ribbon with numeral 3.
Victor’s separation (honorable discharge) date from the Navy was 14 Jan 2010.
Based on the information provided above, determine if Victor is eligible for Veteran’s Preference. Select the correct answer below.
a.5 Point Preference (TP). Earned the Global War on Terrorism 30 Sep 2004 – 15 Dec 2007
b.5 Point Preference (TP). Awarded the Global War on Terrorism Service Medal 22 Nov 2001 –2 Mar 2002
c. Served on active duty from 02 Feb 2000 – 31 Aug 2001
d. Served on active duty from 28 Apr 1952 – 1 Jul 1955.
Answer A:
(1)A veteran’s DD Form 214 showing the Global War on Terrorism (campaign) is acceptable proof.
(2)Armed Forces Expeditionary Medal (AFEM) - A veteran's DD Form 214 showing the award of any Armed Forces Expeditionary Medal is acceptable proof. The DD form 214 does not have to show the name of the theater or country of service for which that medal was awarded.
REF: VetGuide – ‘Types of Preference’ 5-Point Preference (TP), 5th bulleted item; and ‘Campaigns and Expeditions Which Qualify For Veterans Preference,’ Armed Forces Expeditionary Medal (AFEM) (1st paragraph under ‘Campaign or Expedition’)
What are the reasons a preference eligible can be eliminated from consideration for a position? Select all that apply.
a. Medical disqualification under 5 CFR Part 339
b. Equivalency disqualification under 5 CFR Part 350
c. Suitability disqualification under 5 CFR Part 731
d. Service credit disqualification under 5 CFR Part 435
Answers: A, C
A preference eligible can be eliminated from consideration only if the examining office sustains the agency's objection to the preference eligible for adequate reason. These reasons, which must be recorded, include medical disqualification under 5 CFR Part 339, suitability disqualification under 5 CFR Part 731, or other reasons considered by the Office of Personnel Management (OPM) or an agency under delegated examining authority to be disqualifying. These reasons must be documented in the case file.
REF: VetGuide – ‘Disqualification of Preference Eligibiles
When do you have the option of merging quality categories? (Select all that apply.)
A. When there are fewer than three eligible candidates in the highest quality category
B. Before issuing a Certificate of Eligibles
C. Before making a selection
Answer A, B, C;
Ref: U.S.C. 3319
If a service member does not have the DD Form 214, explain what required documentation must be provided as part of an application package and what it must contain.
Answer:
A certification (written document) from the armed forces (e.g., Army, Navy, Air Force, Marines) must be provided that certifies the service member is expected to be discharged or released from active duty in the armed forces under honorable conditions (i.e., honorable or general discharge) not later than 120 days after the date the certification is signed.
REF: 5 U.S.C. 2108a, Chapter 21 (as amended); VOW (Veterans Opportunity to Work) to Hire Heroes Act of 2011, OPM Memorandum Dated 15 Jun 2012
True or False: Preference eligibles and veterans who meet VEOA eligibility criteria can apply for vacancies under merit promotion procedures when the agency is accepting applications from individuals outside its own workforce.
Answer: True
Ref: OPM’s Federal Employment Policy Handbook: Veterans and the Civil Service (VetGuide)
Olivia Pope retired from the Marines at the rank of Major (Block 4 of DD 214). The type of Separation was Retirement (Block 23 of DD 214 - Certificate of Release or Discharge from Active Duty). Olivia's DD 214 revealed the following in Block 13 - "Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized": Meritorious Service Medal/Army Commendation Medal/Army Good Conduct Medal/Armed Forces Expeditionary Medal/Afghanistan (Operations Enduring Freedom (OEF) and Iraqi Freedom (OIF)) (11 Sep 2001 - 09 Oct 2002. Global War on Terrorism Service Medal 30 Nov 2002 - 31 Dec 2003. Olivia's separation (retirement) date was 29 Mar 2012.
Based on the information provided above, is Olivia eligible for Veteran’s Preference?
a.5 Point Preference (TP). Received Armed Forces Expeditionary Medal 11 Sep 01-09 Oct 02.
b.10 Point Compensable Disability Preference (CP). Has not filed for compensation.
c. Not entitled to Veteran’s Preference. Retired at the rank of Major and not disabled.
d. Not entitled to Veteran’s Preference. Retired at the rank of Master Sergeant.
Answer: C
Military retirees at the rank of major, lieutenant commander, or higher are not eligible for preference in appointment unless they are disabled veterans. (This does not apply to Reservists who will not begin drawing military retired pay until age 60.)
REF: VetGuide – ‘Types of Preference’ (2nd paragraph)
True or False: For positions other than professional and scientific at the GS-9 level and above, compensable service-connected disabled preference eligibles are placed at the top of the highest quality category.
Answer: True
Ref: 5 U.S.C. 3319
The Fort Lee CPAC posted two separate Job Opportunity Announcements (Delegated Examining (DE) and Internal Merit Promotion) for a Quality Assurance Specialist, GS-1910-11/12. Michael January, a VEOA/preference eligible, applied for both vacancies.
Explain Mr. January’s eligibility to apply to both the DE and Internal Merit Promotion Job Opportunity Announcements.
Bonus Question: If Mr. January was not a preference eligible, how would he be considered/ranked on the DE certificate of eligible as a non-preference eligible?
The Veterans Employment Opportunities Act of 1998 (VEOA), as amended by Section 511 of the Veterans Millennium Health Care Act (Pub. Law 106-117) of November 30, 1999, provides that agencies must allow preference eligibles or eligible veterans to apply for positions announced under merit promotion procedures when the agency is recruiting from outside its own workforce.
The VEOA eligible may apply for both announcements since the agency posted the vacancy announcements separately. The VEOA eligible is given two opportunities to be considered for one position and must be referred and considered on both lists, if eligible under the applicable procedures. The agency cannot remove the VEOA eligible from either list to make a selection. This means the agency may not deny consideration under one referral, e.g. DE, because the VEOA eligible is being considered under a different referral, e.g. merit promotion.
BONUS ANSWER: Under DE procedures, if Mr. January were a VEOA eligible, but not a preference eligible, he would be rated and ranked along with all other non-preference eligibles for consideration. He would not be eligible for selection over a preference eligible even though he is a veteran and eligible as a VEOA. Reference: DEU Handbook. ""In competitive examining procedures, an appointing officer may not pass over a preference eligible to select a lower-ranking non-preference eligible, unless he or she submits reasons to you that are sufficient to warrant the pass over." Certificate of eligibles must be completed for consideration ensuring all veteran’s preference rights are protected.
REF: VetGuide – ‘Veterans Employment Opportunities Act of 1998’; 5 CFR 213.3202(n); 5 CFR 335.106; 5 U.S.C. 3304(f); 5 U.S.C. 3330
Noah Matheson, a VEOA candidate, was selected for a Management Analyst position, GS-343-11. Noah’s Entrance-on-Duty (EOD) date was 5 Jul 2012. On 2 Jan 13, he applied to a JOA for a Management Analyst, GS-343-12.
Question: As a current career/career conditional employee who applied as a VEOA candidate under an agency’s merit promotion announcement, what eligibility criteria must the VEOA candidate meet?
a. Time-limited provisional appointment
b. Time-limited temporary appointment
c. Time-in-grade restrictions
d. Time-in-grade restriction does not apply under VEOA
e. All of the above
Answer: C
VEOA candidates remain subject to time-in-grade restrictions. The VEOA is not a non-competitive-entry authority like the VRA where an employee could be given a new appointment at a higher grade.
The VEOA gives preference eligibles or veterans access and opportunity to apply for positions. They must still follow merit promotion procedures.
REF: VetGuide – ‘Questions and Answers’ – Can a current career/career conditional employee who lacks time-in-grade apply as a VEOA candidate under an agency merit promotion announcement?