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:
- Served in the armed forces; and
- 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
- 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
- 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:
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.
Exhibit 483
Service Requirements
Persons claiming 5-point veterans’ 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:
- During a war.
- During the period April 28, 1952, through July 1, 1955.
- For more than 180 consecutive days, other than for training, any part of which occurred after January 31, 1955, and before October 15, 1976.
- During the Gulf War from August 2, 1990, through January 2, 1992.
- 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.
- 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.
A veteran discharged or released from active duty under honorable conditions, who served on active duty in the Armed Forces at any time, may be assigned 10-point preference, provided the veteran meets the criteria in one of the following categories:
- Compensable disability preference (CP) — Has a compensable service-connected disability that is at least 10 percent but less than 30 percent.
- Compensable 30 percent preference (CPS) — Has a compensable service-connected disability that is 30 percent or more.
- Disability preference (XP) — (1) has received a Purple Heart, or (2) has a current service-connected disability or is receiving compensation, disability retirement benefits, or pension from the military or the Department of Veterans Affairs, but does not qualify as a CP or CPS.
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.
The spouse of an Armed Forces’ veteran on whose service a claim is based, is eligible for 10-point veterans’ preference provided both of the following criteria are met:
- The veteran served on active duty in the Armed Forces at any time and was discharged or released from active duty under honorable conditions.
- The veteran has a service-connected disability and is disqualified for a federal position along the general lines of his or her usual occupation. Such a disqualification may be presumed when the veteran is unemployed, provided one of the following criteria is met:
- Has been rated by appropriate military or Department of Veterans Affairs authorities to be 100 percent disabled or unemployable.
- Has retired, been separated, or resigned from a civil service position on the basis of a disability that is service-connected in origin.
- Has attempted to obtain a civil service position or other position along the lines of his or her usual occupation and has failed to qualify because of a service-connected disability.
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:
- 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.
- 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.
Mothers of veterans are eligible for 10-point preference under the conditions described below.
- Mother of a deceased veteran. The mother of a veteran who died under honorable conditions while on active duty 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; and
- She is or was married to the father of the veteran; and
- She lives with her totally and permanently disabled husband (either the veteran’s father or her husband through remarriage); or
- She is widowed, divorced, or separated from the veteran’s father and has not remarried; or
- She remarried but is widowed, divorced, or legally separated from her husband when she claims preference.
- Mother of a disabled veteran. The mother of a living disabled veteran if the veteran was separated with an honorable or general discharge from active duty performed at any time and is permanently and totally disabled from a service-connected injury or illness, the mother is or was married to the father of the veteran, and meets one of the following criteria:
- Lives with her totally and permanently disabled husband (either the veteran’s father or her husband through remarriage).
- Is widowed, divorced, or separated from the veteran’s father and has not remarried.
- Has remarried, but is widowed, divorced, or legally separated from her husband when she claims preference.
