III. Wives of veterans named in I and II if the wives are qualified, and if the veterans themselves are disqualified for appointment because of the disability. (See par. 21 (d).) IV. Widows of veterans. (See par. 21 (e).) V. Retired officers and enlisted men who establish through official sources the present existence of a service-connected disability in the same manner as is required of others granted disability preference. (See par. 21 (b).) Nonveterans must earn a rating of 70, while persons granted 5-point preference need earn a rating of only 65 to have their names entered on the register. sons granted 10-point preference need earn a rating of only 60 to have their names entered on the register; and their names are placed above all others on the register. (See par. 14.) Per (b) Age limits waived.-Persons granted preference may be released from age limitations except for the positions of policeman and fireman of the District of Columbia and those established by the retirement law (civil-service rule V, sec. 5). (c) Physical requirements waived.-Physical requirements may be waived, under certain conditions, in the case of veterans who establish disability preference. (See par. 15.) (d) Height and weight requirements waived.-Height and weight requirements may be waived, except in examinations for certain positions, in the case of persons granted preference. (See par. 16.) (e) Experience credits. In examinations where experience is an element of qualifications, the applicant receives credit, under certain conditions, for time spent in the military of naval service during the war with Spain or the World War. (See pars. 12 and 13.) (f) Apportionment waived.-Persons granted preference are certified without regard to the apportionment among the States of appointments in the apportioned departmental service at Washington, D. C. (See par. 17.) (g) Quarterly examinations.Quarterly examinations are held for the benefit of persons entitled to 10-point preference. (See pars. 22 to 27.) (h) Passing over name of preference eligible.—An appointing officer who passes over the name of a preference eligible and selects that of a person not granted preference whose name appears lower on the list of eligibles must furnish the Civil Service Commission with a statement as to his reasons for so doing. (See pars. 19 and 20.) (i) Reduction of force. In reduction of force, certain preference is given persons granted military preference. (See pars. 28 to 34.) (j) Reinstatement without time limit.-A former classified employee entitled to preference in appointment may be reinstated without time limit. (See pars. 35 to 37.) MILITARY OR NAVAL SERVICE DEFINED 6. The person upon whose service the claim for preference is based must have been a soldier, sailor, or marine. An honorable discharge from the military or naval service or from the Coast Guard, an ordinary or inaptitude discharge from the Navy, an inaptitude or unfitness discharge from the Marine Corps, or an ordinary or inaptitude discharge from the Coast Guard where such service was honorable is necessary to secure preference. 7. Persons granted preference.-The statutory provision is not limited to veterans of the World War but applies to all honorably discharged soldiers, sailors, and marines, including commissioned officers. Preference may be granted to the following special classes of persons: Army field clerks. Army Transport Service officers assigned as transport quartermasters. Chaplains.-Honorably discharged chaplains who were on duty with military organizations. Coast Guard.-Persons who served in the U. S. Guard after January 28, 1915, and Coast Guard cadets. Draft.-Persons who were discharged from the draft under honorable conditions. Lighthouse Service.-Members of the Lighthouse Service who were transferred to the jurisdiction of the Navy Department during the World War and were separated therefrom under honorable conditions. Midshipmen. National Guard.-Members of the National Guard who were mustered into the Federal Service and were honorable discharged therefrom. Nurses.-Army and Navy nurses, including all women who served honorably under contract between April 21, 1898, and February 2, 1901, as nurses, chief nurses, or superintendents of the Army Nurse Corps. Officers who resigned from the Army, Navy, Marine Corps, or Coast Guard under honorable conditions. Pay clerks, paymasters' clerks, and captains' clerks who served with paymasters or captains on board ship. Philippine scouts. Reserve Corps.-Officers and men in the Reserve Corps who were on active duty other than for the purpose of training. Active duty performed by members of the Officers' Reserve Corps with the Civilian Conservation Corps or under the provisions of the Thomason Act is considered regular active duty and not training duty. Reserves, Army.-Men furloughed to the Army Reserves. Reservists, naval, and marine.-Naval and marine reservists who hold certificates of honorable discharge or release from active service. Retired soldiers, sailors, and marines. Revenue-cutter Service.-Enlisted men and officers of the Revenue-cutter Service who served during the period from March 24, 1898, to August 17, 1898, and were subsequently honorably discharged. Student Army Training Corps.-Persons who served in the Student Army Training Corps. Surgeons, contract.-Contract surgeons who were in the service after June 8, 1916. Training camps.-Members of the enlisted personnel who served in training camps during the World War and who were honorably discharged from the military or naval service. 8. Persons not granted preference. The preference act does not apply to (a) persons who served in civilian capacity, even though they may have accompanied the military forces, including dietitians, student nurses, reconstruction aides, and other civilians employed in the military hospitals, Red Cross nurses not in Army Nurse Corps, civilian clerks, and telephone operators; (b) persons who are not within the meaning of the preference act, including members of citizens' training camps; members of Reserve Officers' Training Corps; members of National Guard or Naval Militia who were never in Federal service; members of the Army Transport Service, except commissioned officers assigned as transport quartermasters; civilians in Chemical Warfare Service; reserve corps officers and men who were never on active duty other than for the purpose of training; and (c) persons dishonorably discharged, discharged without honor, or discharged under conditions other than honorable. PREFERENCE IN EXAMINATION, RATING, AND APPOINTMENT 9. Extent of preference.-The act of July 11, 1919, specifies that it shall apply to "appointments"; therefore the preference under the statute is confined to entrance into the Federal civil service and does not apply in examinations for promotion, or to noncompetitive examinations except those held under schedule B of the civil-service rules and those held under sec. 6 of rule II, which provides for the classification of incumbents of positions brought within the classified service. In examinations for promotion or transfer a preference claimant already in the classified civil service receives no preference by reason of his military or naval service. The statute does not exempt those entitled to its benefits from examination, but they are required to earn an average percentage of only 65 (or 60) in order to be eligible. The preference does not apply to examinations for the Philippine service. 10. Rating required in examination. For eligibility, a rating of at least 70, including preference credit, if any, is required of all applicants. In examinations for entrance to the classified service, honorably discharged soldiers, sailors, and Marines have five points added to their earned ratings. Ten points, however, are added to the earned ratings of certain classes of persons granted preference. (See par. 5 (a) for classes of persons granted 10-point preference.) 11. Where minimum rating is required in particular examination subject.—In examinations where competitors are required to obtain a minimum rating of 70 in one or more subjects as a condition precedent to the consideration of other subjects, persons who are entitled to preference under the statute are not required to secure a higher rating than 65 (or 60) in such subjects. However, in any examination in which specific education, training, or experience is a prerequisite for admission to the examination, no rating will be assigned unless such requirement is fulfilled. 117 Op. Atty. Gen. 194; 19 Op. 318; 24 Op. 64; 27 Op. 546. 119713-39-4 12. Examinations where experience is rated.-In examinations where experience is an element of qualifications, time spent in the military or naval service of the United States during the war with Spain or the World War shall be credited in an applicant's ratings where the applicant's actual employment in a similar vocation to that for which he applies was temporarily interrupted by such military or naval service but was resumed after his discharge (civil-service rule VI, sec. 1). 13. Dates of war with Spain and World War. The war with Spain began April 21, 1898, and terminated April 11, 1899. The Philippine insurrection which grew out of that war terminated July 4, 1902. A person in the military or naval service of the United States between April 6, 1917, and July 2, 1921, inclusive, is regarded as having been in the military or naval service during the World War, as these dates have been fixed by joint resolutions of Congress as marking the beginning and end of the war between the United States and Germany. 14. Certification. In entering upon registers the names of preference claimants granted five points additional-that is, the earned rating augmented by the five points they take the place to which their ratings entitle them on the register with nonveterans and are certified when their ratings are reached. The name of a veteran is entered ahead of the name of a nonveteran whose rating is the same as the augmented rating of the veteran. The names of persons granted 10-point preference, however, are placed ahead of all others on the register (that is, ahead of veterans granted 5-point preference and nonveterans); and are then certified in the order of their augmented ratings. 15. Physical requirements waived for disabled veterans.-Under the provisions of civil-service rule V, section 4, the Commission may waive the physical requirements in the case of a disabled, honorably discharged soldier, sailor, or marine upon a certificate of the Veterans' Administration that he has completed an appropriate and sufficient rehabilitatory course of training for the duties of the class of positions in which employment is sought, or it may waive the physical requirements in the case of a disabled veteran not so trained. Physical requirements will not be waived for any examination in the case of disabled veterans who have any of the following physical defects: Bright's disease; malignant tumor (cancer, etc.); diabetes; epilepsy; any abnormal hardening of the arteries (arteriosclerosis); transmissible disease (including syphilis, gonorrhea, and chancroid), when incurable; insanity or mental illness sufficiently definite to affect the usefulness of applicant; chronic alcoholism or drug addiction; progressive or disabling paralysis; organic heart disease not fully compensated; serious disease of eye; seriously defective vision (the uncorrected vision must be not less than 20/200 (Snellen) in at least one eye for all positions, and for many positions a higher standard is required); hands, arms, feet, legs, or body so injured, crippled, or deformed as seriously to affect usefulness; loss of both arms, both legs, or arm and leg, except that the applications of persons who have lost limbs or parts of limbs, but who have demonstrated dexterity either with or without the use of artificial substitutes, will be accepted where physical ability is of subordinate importance. These and other physical defects may exclude any person from examination or appointment when in the judgment of the Commission such defects may impair the individual's efficiency or give rise (by aggravation due to employment or by endangering fellow workers) to a claim under employees' compensation acts. A remediable defect or curable disease will not exclude a person from examination, but proof that such defect has been remedied, or disease cured, must be received during the life of the eligible register before a person who is otherwise qualified may be considered for appointment. (See also par. 26 regarding tuberculosis.) In examinations held to establish general registers for positions of watchman or messenger, applications will be accepted from disabled veterans who have suffered amputation or mutilation of one upper extremity (arm, upper-arm, or hand) but who have full use of the other, upon their submitting with their applications a medical certificate from the Veterans' Administration showing that they are otherwise in acceptable physical condition. Certification of such disabled veterans will be made subject to possible objection by an appointing officer should the position to be filled require full physical ability. Physical requirements may be waived, as explained above, in the case of persons granted 10-point preference. They are not waived for persons granted 5-point preference, although the height and weight requirements may be waived for them. (See par. 16.) 16. Height and weight requirements waived for persons granted preference.— Height and weight requirements may be waived in the case of persons granted preference, except for a few positions, provided that the applicant is sufficiently well-proportioned as to height and weight. Among the positions for which these requirements will not be waived are: Policeman, watchman, private in the District of Columbia fire department, game warden, traveling hospital attendant, assistant lay inspector, and certain guard positions. 17. Apportionment.-Preference eligibles are not subject to the provisions of the Civil Service Act concerning the apportionment of appointments in the departments at Washington among the several States and Territories according to population, but they cannot be certified for appointment to apportioned positions until they have furnished the evidence of residence and domicile required by statute 3 (civil-service rule VII, sec. 2). The apportionment does not operate against the transfer of preferred veterans. 18. Appointment discretionary with appointing officer. The appointment of a preference eligible is not mandatory. Passing the required examination entitles such person to be certified in accordance with the rules relating to preference and places his qualifications before the appointing officer. 19. When appointing officer passes over veteran's name. An appointing officer who passes over the name of a veteran eligible and selects that of a nonveteran with the same or lower rating shall file with the Civil Service Commission the reasons for so doing, which reasons will become a part of the veterans' record but will not be made available to the veteran or to anyone else except in the discretion of the appointing officer (civil-service rule VII, sec. 1). The statement of reasons for passing over a veteran eligible and selecting a nonveteran with the same or lower rating will be required in every case in which the appointing officer passes over a veteran, disabled or otherwise, and selects a nonveteran whose name appears lower on the list of eligibles. No statement will be required if a veteran, disabled or otherwise, is selected. 20. Civil Service Commission's jurisdiction in preference.-The Commission's duty and jurisdiction end when the person entitled to the benefits of the statute has received the preference in certification allowed by the rules. The appointment of a preference eligible is discretionary with the appointing officer under the statute and the rules. If the appointing officer decides that he will select one of the other eligibles whose names have been certified, his decision is not reviewable by the Commission. All that the Commission can do in such a case is to return the name of the eligible to the register for further certification. METHOD OF MAKING CLAIM FOR PREFERENCE 21. Form 14, accompanied by evidence, to be submitted. Applicants for examination who wish to claim veteran preference must file, with their applications, preference form 14 (blue), properly executed and accompanied by the documentary proof required, which is as follows (see par. 5 (a)): (a) Applicants claiming preference on their own service must submit one of the following: (I) Original discharge, (II) photostat or certified copy of discharge, or (III) official statement from the War or Navy Department, or from the Coast Guard, showing record of service. (b) Applicants claiming preference for service-connected disability must furnish, in addition to the evidence required in (a) above, an official statement from the Veterans' Administration, substantiating claim of disability. Proof of serviceconnected disability may also be established by the official records of the War or Navy Department, or the Coast Guard. (c) Applicants claiming preference who are over 55 years of age and because of disability, whether service-connected or not, are entitled to pension or compensation under existing laws must furnish, in addition to the evidence required in (a) above, a statement from the Veterans' Administration showing that they are entitled to pension or compensation. (d) Wives who claim preference must furnish the evidence required in either (b) or (c) above, whichever may be appropriate, with respect to the person upon whose disability status claim to preference is based. NOTE. The preference granted to wives of veterans is limited to those cases where the veteran is entitled to disability preference [(b) and (c) above] but where the veteran himself is physically disqualified for examinations in line with the occupation, or occupations, by which he has been accustomed to earn a livelihood. The physical disqualifications must be service-connected if the veteran is not over 55 years of age; if over 55, the physical disqualifications must be such as to entitle him to pension or compensation. 2 28 Op. Atty. Gen. 298, May 12, 1910. 3 Act of July 11, 1890 (26 Stat. 235), as amended by the act of May 15, 1937 (50 Stat. 168). (e) Widows claiming preference must submit the evidence required in (a) with respect to the person upon whose service claim to preference is based. NOTE. The fact that marriage may have taken place subsequent to the military service of the veteran is not material inasmuch as the provision applies equally to those who were married before and to those who were married after military service was rendered. QUARTERLY EXAMINATIONS FOR MEN AND WOMEN ENTITLED TO DISABILITY PREFERENCE 22. The Civil Service Commission is authorized to hold quarterly examinations for positions for which there are existing registers of eligibles, such examinations to be open only to men and women entitled to disability (10-point) preference, the names of the resulting eligibles to be entered at the head of the appropriate existing register in the order of ratings attained, in competition with other 10-point preference eligibles, if any, whose names may already appear at the head of the register (Executive order, April 24, 1931). 23. Persons qualified to enter quarterly examinations. Only persons entitled to 10-point preference may enter quarterly examinations. See par. 5 (a) for the classes of persons entitled to 10-point preference, and therefore qualified to enter quarterly examinations. (See also par. 21.) In any case, the applicant must meet the minimum requirements as to education, training, and experience, if any, specified for the examination when it was last open to general competition. He must also meet the physical requirements, except such as can be waived in the case of veterans. (See pars. 15 and 16.) 24. Applications for quarterly examinations.-Applications for quarterly examinations may be filed at any time with the Civil Service Commission, Washington, D. C., or with one of its district offices, depending upon the particular examination desired. The Commission will admit an applicant to the next quarterly examination applied for, subject to the following limitations: (1) There must be an existing register for the position; (2) the applicant's name must not already appear on that register; (3) he must not be already serving in a classified position to which he was appointed from that register; (4) he must meet the examination requirements; (5) he must not have taken two quarterly examinations for the position since the examination therefor was last opened to competition by the general public. A partial list of positions for which eligible registers are maintained in the central office of the Civil Service Commission at Washington is given in form 2867. 25. Manner of making claim to 10-point preference.—In quarterly examinations the same method of making claim to disability, or 10-point, preference should be followed as in examinations open to general competition. (See par. 21.) 26. Admission to examination of veterans with a history of tuberculosis.—A disabled veteran granted 10-point preference who has a history of tuberculosis may compete in a quarterly examination, if otherwise eligible, but proof that tuberculosis has been arrested for 1 year and that his general health is good must be received during the life of the eligible register before he can be considered for appointment. This is in accordance with the general regulation which provides that persons who have had tuberculosis cannot be considered for appointment until the disease has been arrested for at least 1 year and the general health is good. The purpose is to protect the applicant himself and other Gov ernment workers. 27. Eligibility for quarterly examinations.—Eligibility attained as the result of a quarterly examination will run for the duration of the register and will expire with that register. PREFERENCE IN REDUCTION OF FORCE 28. Statutory provisions.—An act of August 15, 1876 (19 Stat. 169), contains the following provision: "That in making any reduction of force in any of the executive departments, the head of such department shall retain those persons who may be equally qualified who have been honorably discharged from the military or naval service of the United States and the widows and orphans of deceased soldiers and sailors." 4 "Executive departments" are at the seat of government only (26 Op. Atty. Gen. 254) and do not include independent establishments (26 Op. Atty. Gen. 209). |