Handbooks

Handbook EL-312 Revision: External Vacancy Announcements and Veterans’ Preference Claims

Effective November 26, 2015, the Postal Service™ is revising Handbook EL-312, Employment and Placement, part 481 through section 485.2, to update policy for Veterans’ Preference in appointment to positions in the USPS.

Handbook EL-312, Employment and Placement

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4 Processing External Vacancy Announcements and Veterans’ Preference Claims

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48 Veterans’ Preference

481 Requirement

[Revise the text of 481 to read as follows:]

The Postal Service applies veterans’ preference as required by Titles 5 and 39 U.S.C. and 5 Code of Federal Regulations for certain employment purposes, including appointment. Applicants claiming preference provide dates of active duty service and claim preference when applying for a vacancy. The applicant is responsible for providing proof of entitlement to the preference claimed. If supporting documentation is not received with the application, Human Resources notifies the eligible of the discrepancy. The applicant must present the supporting documentation by the time the selecting official considers the applicant’s application. If the eligible indicates that the preference claimed was a mistake or has changed, Human Resources cancels and, if necessary, reissues the Hiring List and adjusts the eligible’s position.

No selection can be made from the Hiring List until the adjudication process has been completed for all applicants who claim veterans’ preference points.

482 Authority to Adjudicate Veterans’ Preference

[Revise the text of 482 to read as follows:]

Veterans’ preference points can make the difference in whether or not an applicant receives employment consideration; therefore, verifying entitlement to claimed preference is essential to providing fair and equitable treatment. This process is known as adjudication.

Most veterans’ preference claims are adjudicated by the Human Resources Shared Service Center (HRSSC), the district Human Resources office, or a designee. Human Resources personnel confirm these determinations when they audit Hiring Lists. Cases involving preference as the spouse or mother of a veteran must be referred to Human Resources (Headquarters) for adjudication.

483 Kinds of Veterans’ Preference

[Add new 483.1 to read as follows:]

483.1 No-Point Preference

A veteran discharged or released under honorable conditions from a period of active military duty after August 29, 2008, by reason of sole survivorship is eligible for preference in appointment. A sole survivor discharge is defined as the separation of a member from the armed forces, at the request of the member, who is the only surviving child in a family in which the father, mother, or one or more siblings:

a. Served in the armed forces; and

b. Was killed; died as a result of wounds, accident, or disease; is in a captured or missing in action status; or is permanently 100 percent disabled or hospitalized on a continuing basis and, as a result, is not employed gainfully; and

c. Death, status, or disability did not result from the intentional misconduct or willful neglect of the parent or sibling and was not incurred during a period of unauthorized absence; and

d. The member served in one of the situations described in Exhibit 483 and would have met the time period if the sole survivorship discharge or release had not interrupted military service.

Example: There is a requirement of 24 months of continuous active duty service, or the full period called to active duty, for a campaign medal holder or Gulf War veteran who enlisted after September 7, 1980 (or began active duty on or after October 14, 1982, and had not previously completed 24 months of continuous active duty). An individual would still be entitled to preference eligibility if the following applied:

n Active duty is cut short at fewer than 24 months by a sole survivorship discharge or release; and

n Individual meets the other requirements for veterans’ preference eligibility.

[Renumber old 483.1 as 483.2 and revise text to read as follows:]

483.2 Five-Point Preference

For 5-point preference purposes, an individual must have been discharged or released from active duty service in the Armed Forces under honorable conditions (see 232.3h) and have served in one of the situations described in Exhibit 483.

[Add new Exhibit 483 to read as follows:]

Exhibit 483 Service Requirements

Persons claiming 5-point veteran’s preference or preference as a sole survivor must have been discharged or released from active duty service in the Armed Forces under honorable conditions (see 232.3h) and have served in one of the following situations:

a. During a war.

b. During the period April 28, 1952, through July 1, 1955.

c. For more than 180 consecutive days, other than for training, any part of which occurred after January 31, 1955, and before October 15, 1976.

d. During the Gulf War from August 2, 1990, through January 2, 1992.

e. For more than 180 consecutive days, other than for training, any part of which occurred during the period beginning September 11, 2001, and ending August 31, 2010.

f. In a campaign or expedition for which a campaign medal has been authorized. Any Armed Forces Campaign or Expeditionary Medal qualifies for preference.

A campaign medal holder or Gulf War veteran who originally enlisted after September 7, 1980, (or began active duty on or after October 14, 1982, and has not previously completed 24 months of continuous active duty) must have served continuously for 24 months or the full period called or ordered to active duty. The 24-month service requirement does not apply to 10-point preference eligibles separated for disability incurred or aggravated in the line of duty, or to veterans separated for hardship or other reasons under 10 U.S.C. 1171 or 1173 or 5 U.S.C. 2108(1)(D).

Note: The term preference eligible does not include, for reduction in force (RIF) purposes, most retired members of the Armed Forces. For exceptions to this general rule, refer to OPM’s Vet Guide. However, retired members of the Armed Forces may still be preference eligibles for adverse action purposes. Active duty for training or inactive duty by National Guard or Reserve soldiers does not qualify as active duty for preference.

[Renumber old 483.2 as 483.3 to read as follows:]

483.3 Ten-Point Preference

[Renumber old 483.21 as 483.31 to read as follows:]

483.31 Disabled Veterans

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[Renumber old 483.22 as 483.32 to read as follows and delete the text in its entirety:]

483.32 Ten-Point Derived Preference (XP)

[Add new 483.321 to read as follows:]

483.321 General

Spouses, widows, widowers, or mothers of veterans are eligible for 10 points as described in 483.322, 483.323, and 483.324. This type of preference is derived preference because it is based on service of a veteran who is not able to use the preference through unemployment or death.

[Renumber old 483.221 as 483.322 to read as follows:]

483.322 Spouses of Disabled Veterans

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[Renumber old 483.222 as 483.323 and revise the text to read as follows:]

483.323 Widows or Widowers of Veterans

The widow or widower of a veteran, who received a discharge under honorable conditions, was not divorced from the veteran, and has not remarried, is eligible for 10-point veterans’ preference provided one of the following criteria is met:

a. The veteran served during a war or during the period April 28, 1952, through July 1, 1955, or in a campaign or expedition for which a campaign medal has been authorized.

b. The veteran died while on active duty that included service described in 483.323a above, under conditions that would not have been the basis for other than an honorable or general discharge.

If the widow or widower remarries and the remarriage is annulled, the former widow or widower may apply for restoration of preference. Evidence of divorce of the widow or widower is not a basis to restore widow or widower preference, since the act of remarriage, rather than a remarried state, terminates eligibility for preference. Thus, widow or widower preference can only be restored if the act of marriage is annulled.

[Renumber old 483.223 as 483.324 to read as follows:]

483.324 Mothers of Veterans

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484 Proof of Preference Claimed

[Delete the text in its entirety from 484.]

[Add new 484.1 to read as follows:]

484.1 General

The applicant is responsible for providing the necessary proof of entitlement to claimed veterans’ preference. Proof is requested at the time of application. To promote the efficient processing of employment applications, veterans’ preference:

a. Is adjudicated at the very beginning of the screening process when possible; and

b. Is reviewed and adjudicated by the time of selection.

Adjudication of preference requires a review and comparison of the following:

a. PS Form 2591, Application for Employment.

b. DD Form 214, Certificate of Release or Discharge From Active Duty, or other official documents issued by the branch of service that certifies the service member is expected to be discharged or released from active duty service in the armed forces under honorable conditions. This must occur no later than 120 days after the date the certification is submitted for consideration in the hiring process.

c. Standard Form (SF) 15, Application for 10-Point Veteran Preference, and supporting documents.

d. Letters or certificates from the Department of Veterans Affairs and statements or retirement orders issued by a branch of the Armed Forces to substantiate entitlement to the preference claimed.

Note: Applicants who claim veterans’ preference status involving a veteran’s disability are not asked to provide information related to the nature of the disability.

Applicants who fail to provide proof of entitlement at time of application must not be disqualified. Claimed veterans’ preference points will be deducted if the claim cannot be adjudicated favorably by the time of selection.

[Renumber old 484.1 as 484.2 and revise the title and text to read as follows:]

484.2 Proof for Sole Survivor Preference Claims

Veterans claiming sole survivor preference must provide:

a. Proof of discharge from active duty military service by reason of sole survivorship as that term is defined in the law; and

b. Proof of active duty service in one of the situations described in Exhibit 483, with the exception that he or she is not required to meet the length-of-service requirements.

[Renumber old 484.2 as 484.3 and revise the text to read as follows:]

484.3 Proof for 5-Point Preference Claims

Veterans claiming 5-point preference must provide proof of required service (see Exhibit 483) and a discharge under honorable conditions (see 232.3h). (See 485 for adjudicating 5-point veterans’ preference.)

[Renumber old 484.3 as 484.4 to read as follows:]

484.4 Proof for 10-Point Preference Claims

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[Revise the title of 485 to read as follows:]

485 Adjudicating Claims for Sole Survivor or 5-Point Preference

485.1 Verifying Entitlement

[Revise the text of 485.1 to read as follows:]

The veteran must present a copy of the appropriate DD Form 214, Certificate of Release or Discharge From Active Duty, showing length and character of service. All applicants who have been separated from active duty in the Armed Forces should be able to produce a DD Form 214 or other certification issued by the branch of service as verification of eligibility for the preference claimed.

The adjudicator verifies entitlement for sole survivor or 5-point preference by reviewing the DD Form 214 or other certification. The adjudicator determines whether the veteran meets the criteria in 483.1 and 483.2, and either approves or denies the claim. If a claim for 5 points is denied, the 5 points are taken away, but the applicant remains eligible for consideration for the announced vacancy. An applicant claiming veterans’ preference who is still on active duty will be granted 5-point preference if the following applies:

a. The certification shows the applicant is expected to be discharged or released within 120 days; and

b. His or her application shows that he or she has the required military service, such as service in a war, campaign, or expedition.

485.2 Campaign or Expeditionary Medal

[Revise the text of 485.2 to read as follows:]

When a campaign or expeditionary medal is required, a veteran’s DD Form 214 showing the award of an Armed Forces Campaign or 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.

Note: The Armed Forces Service Medal is not qualifying for veterans’ preference. (Exhibit 485 contains a complete list of campaigns and expeditions, which comes from the VetGuide on the Office of Personnel Management’s website.)

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We will incorporate these revisions into the next online update of Handbook EL-312, Employment and Placement, which is available on the Postal Service PolicyNet website:

n Go to http://blue.usps.gov.

n In the left-hand column under “Essential Links”, click PolicyNet.

n Click HBKs.

The direct URL for the Postal Service PolicyNet website is http://blue.usps.gov/cpim.