**April 16, 1992 M28‑1, Part IV**

**CONTENTS**

**CHAPTER 8. VETERANS PREFERENCE AND AFFIRMATIVE ACTION PROGRAMS**

**PARAGRAPH PAGE**

8.01 Introduction 8‑1

a\. Rationale 8‑1

b\. Importance of Networking 8‑1

c\. Reasonable Accommodation 8‑1

d\. Regulations and Other Directives 8‑1

8.02 Veterans Preference in Federal Employment 8‑1

a\. Five‑point Preference 8‑2

b\. Ten‑point Preference 8‑2

c\. Other Veterans Preference Benefits 8‑3

d\. Applying for Federal Employment 8‑3

e\. Special VA Preferences 8‑3

8.03 Veterans Readjustment Appointments 8‑3

a\. General Eligibility 8‑3

b Eligibility Restrictions and Time Limits for Appointment 8‑4

c Minimum Job Requirements 8‑4

d\. Appointment Authority and Grade Levels 8‑4

e Training Program 8‑4

f\. Excepted Appointment 8‑5

8.04 Noncompetitive Appointments for 30 Percent (or More) Compensably
Disabled Veterans 8‑5

8.05 Unpaid Training or Work Experience 8‑5

a Authority 8‑5

b Need to Use Federal, State, or Local Agency 8‑5

c\. Training in Federal Agencies 8‑5

d\. Considerations of Federal Laws 8‑6

e\. Training in Other Public‑sector Agencies 8‑6

f Determination on Use of Unpaid Public‑sector Training 8‑6

g Development of Training Program 8‑6

h\. Benefits and Services 8‑7

i\. Participants Are Not Federal Employees 8‑7

j Limitations on Nonpay Training in State and Local Governments 8‑7

8.06 Certification of Severely Handicapped Applicants 8‑7

a\. Authority 8‑7

b Certification 88

c\. Steps Leading to Certification 8‑8

d Special Appointment Authority for the Mentally Restored 8‑8

8\. 07 Work‑study Allowance Program 8‑8

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**M28‑1, Part IV April 16,1992**

8.08 Coordination with Public‑sector Agencies 8‑9

8.09 Veterans' Employment Emphasis Under Federal Contracts 8‑9

8.10 Outreach Under the VA's On‑job Training Program 8‑9

8.11 Job Training Partnership Act 8‑9

a\. Responsibility of State and Local Governments 8‑9

b\. Services Furnished Under JTPA 8‑9

c\. Referrals for JTPA 8‑9

8.12 Reemployment Rights 8‑10

8.13 Affirmative Action 8‑10

a\. Responsibilities 8‑10

b\. Employment in VA 8‑10

c\. Other Federal Employment 8‑11

8.14 Facilitating Employment in the Private Sector 8‑11

8.15 Inservice Training 8‑11

**TABLE PAGE**

8.01 Noncompetitive Appointing Authorities and Programs Designed or
Modified Specifically\
for Applicants With Physical or Mental Disabilities 8‑12

8.02 Employment of Paid and Unpaid Readers, Interpreters, and Personal
Assistants 8‑13

8.03 Documentation or Special Requirements for Appointment Authorities
or Special Program\
for Persons With Severe Physical Disabilities, Service‑disabled Veterans
Rated 30 Percent\
or More, Mentally Restored Individuals, and Unpaid Work Experience for
Disabled Veterans 8‑14

8.04 Criteria for Determining Eligibility for Appointment of Severely
Handicapped Individuals\
to Excepted Positions Under Schedule A, Title 5, U.S.C. 213.3102(u) 8‑15

**APPENDIX PAGE**

A FPM Letter 307‑15, New Employment Benefits for Veterans 8A‑1

B FPM Letter 307‑16, Changes in VRA and Other Veterans' Employment
Requirements 8B‑1

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**April 16, 1992 M28‑1, Part IV**

**CHAPTER 8. VETERANS PREFERENCE AND AFFIRMATIVE ACTION PROGRAMS**

**8.01 INTRODUCTION**

**a. Rationale.** Veterans who have served in defense of the nation
receive preference in government employment. Military veterans have
shown their loyalty and commitment to the government of the United
States. In addition, and of special importance to disabled veterans, it
is the policy of the United States that "No otherwise qualified
individual with handicaps in the United States shall, solely by reason
of his handicap, be excluded from the participation in, be denied the
benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance or under any program or
activity conducted by any Executive agency or by the United States
Postal Service." (29 U.S.C. 794, section 504 of the Rehabilitation Act
of 1973.)

**b. Importance of Networking.** This chapter describes the statutory
and regulatory provisions that especially emphasize the employment needs
of Vietnam era veterans, disabled veterans, and individuals with
handicaps (including veterans with severe disabilities) in the public
and private sectors. These provisions can contribute little to the
suitable employment of disabled veterans, however, without effective
cooperation on behalf of the intended beneficiaries. Implementing these
provisions is a governmentwide responsibility. Therefore, VR&C
(Vocational Rehabilitation and Counseling) staff members should work
closely with OPM (Office of Personnel Management), the station's and
other Federal agencies' Selective Placement Coordinators, State
rehabilitation agencies, the Job Service, and personnel specialists in
non‑Federal government agencies, educational institutions, and private
employers. Table 8.01 contains guidelines and regulatory citations on
using special appointment authorities, including noncompetitive
appointments for veterans with service‑connected disabilities whom VA
has rated 30 percent or more, mentally restored individuals, and persons
with severe physical handicaps.

**c. Reasonable Accommodation.** Central to nondiscrimination against
people with handicaps is the concept of reasonable accommodation. A
Federal agency must make reasonable accommodation to the known physical
and mental limitations of a qualified applicant or employee unless the
agency can show that accommodation would impose an undue hardship on its
operations. Reasonable accommodation includes many actions. These
actions include making facilities accessible to and usable by persons
with disabilities, job restructuring, modifying work schedules,
acquiring or modifying equipment or devices, adjusting or modifying
examinations, and providing readers for blind persons, sign language
interpreters for deaf persons, and personal assistants. In determining
what constitutes an undue hardship, an agency may consider the size and
type of its program and the nature and the cost of the accommodation.
Table 8.02 offers guidelines for the employment of readers,
interpreters, and personal assistants in the Federal government.

**d. Regulations and Other Directives.** This chapter provides a summary
of veterans preference and affirmative action benefits. VR&C staff
members should refer to the appropriate chapters of the FPM (Federal
Personnel Manual) and related documents for detailed, current directives
on veterans preference, including VRA (Veterans' Readjustment
Appointment) benefits, and other affirmative action programs. Of
particular importance are the following FPM chapters:

**(1)** Chapter 211 on veteran's preference;

**(2)** Chapter 307 on VRA benefits, and

**(3)** Chapter 333 on recruitment and selection.

**8.02 VETERANS PREFERENCE IN FEDERAL EMPLOYMENT**

The Federal Government gives special employment consideration to
qualified veterans of the armed forces (Army, Navy, Air Force, Marine
Corps, and Coast Guard) seeking positions in the Federal government.
Veterans preference opportunities can significantly assist a case
manager in placing veterans in Federal government positions. Preference
applies to civilian positions, permanent or temporary, in both the
competitive service and the excepted service. Preference does not apply
to the Senior Executive Service, positions in the Legislative and

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**M28‑1, Part IV April 16,1992**

Judicial branches of the Federal government, or positions in certain
exempted agencies, such as the Central Intelligence Agency. The basic
reference for veterans preference in Federal hiring is FPM chapter 211,
subchapter, 1, 2 and 3. FPM chapter 333 also contains important,
detailed information on recruitment and selection of preference
qualified veterans. For the requirements on agencies and veterans in
taking personnel actions involving veterans preference, VR&C Division
staff members should refer to these FPM chapters. Each VR&C Division
should also be aware of the contents of current FPM numbered letters.
OPM uses these lettersequivalent to VA circularsto inform personnel
offices on the most recent changes in the FPM. For example, FPM Letter
307‑15 updated the FPM concerning veterans' preference for Desert Shield
and Desert Storm participants. In addition, this letter provided details
on implementing Public Law 102‑16. This letter is reprinted as appendix
A to this chapter. Staff members in the VR&C Division, and particularly
case managers should be thoroughly familiar with the entire range of
preference benefits available under these FPM chapters. In some
instances, a qualified veteran's dependents may also receive these
employment benefits. These benefits include, but are not limited to the
following:

**a. Five‑point Preference.** Five points are added to passing scores on
Federal government employment applications from veterans discharged from
active duty under honorable conditions (an amnesty or clemency discharge
does not meet this requirement) with service under at least one of the
following sets of circumstances:

**(1)** The individual served during any period of war as defined in
38 U.S.C. 101(11), including the Korean Conflict and the Vietnam era

**(2)** The individual served during the period beginning April 28,
1952, and ending July 1, 1955

**(3)** The individual served for more than 180 consecutive days, any
part of which occurred between February 1, 1955, and October 14, 1976.
Initial active duty for training under the 6‑month Reserve or National
Guard programs in force during this period does not earn veterans
preference.

**(4)** The individual entered on active duty between October 15, 1976,
and September 7, 1980, and is disabled under 5 U.S.C. 2108 or served in
a war, campaign, or expedition for which a campaign badge has been
authorized. The full list of authorized campaigns and expeditions
appears in FPM Supplement 296‑33, subchapter 7.

**(5)** Anyone who enlisted after September 7, 1980, or entered onto
active duty on or after October 14, 1982, must meet an additional
condition beyond the requirements stated in subparagraph (4) above. He
or she must have served continuously for 24 months or for the full
period for which called or ordered to active duty.

***NOTE:** Post‑1980 enlistees who incurred a disability which VA
determines is compensable are exempt from the restrictions in
subparagraphs (4) and (5). Similarly, a person is exempt if he or she is
discharged or released from active duty either for a disability incurred
or aggravated in the line of duty or under 10 U.S.C. 1171 for hardship
or other reasons under 10 U.S.C. 1173. Under section 307 of Public Law
94‑454, retired members of the armed forces above the rank of major or
lieutenant commander are not preference eligibles as of October 1, 1980,
unless they are disabled veterans.*

**b. Ten‑point Preference.** Every disabled veteran is entitled to the
addition of ten points to a passing score on an application. In
addition, these 10‑point preference veterans are placed at the top of
Civil Service registers. "Disabled veteran," for this purpose, means "a
person who was separated under honorable conditions from active duty in
the armed forces performed at any time and who either has established
the present existence of a service‑connected disability or is receiving
compensation, disability retirement benefits, or pension because of a
public statute administered by VA or a military department." (FPM 211,
subchapter 2, paragraph 2‑1(6)). Any veteran who received a Purple Heart
medal is also entitled to 10‑point preference.

**(1) Distinction for Active Duty Disability.** There exists a
distinction in this area between disabled veterans who served on active
duty and disabled veterans who did not serve on active duty. FPM defines
active duty as

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**April 16,1992 M28‑1, Part IV**

"full‑time duty with military pay and allowances in the armed forces,
except for training or for determining physical fitness, and except for
service in the Reserves or National Guards." A footnote to paragraph 2‑5
of subchapter 2 of FPM 211 states. "An individual who is disabled while
undergoing training with a military reserve unit is not considered to be
a disabled veteran and is not entitled to preference."

**(2) Categories of 10‑point Preference.** Hiring offices of the Federal
government must also distinguish between a 10‑point preference based on
the existence of a disability (termed a "disability preference") and a
ten‑point preference based on a service‑connected disability rated at
10 percent or more (termed a "compensable disability preference"). On
the SF‑171, Application for Federal Employment, a 10‑point preference
eligible veteran must also report a 30 percent or greater disability.
This 30‑percent indication establishes eligibility for noncompetitive
appointment (paragraph 8.04), but does not add additional points to the
veterans preference total.

***NOTE:** A veteran cannot claim both a 5‑point and a 10‑point
preference.*

**c. Other Veterans Preference Benefits.** Besides 5‑point and 10‑point
preferences, veterans preference benefits include the following.

**(1)** Restriction of competition to veterans preference eligibles in
certain examinations as long as enough eligibles are available;

**(2)** Strict limitations on the selection of a nonpreference eligible
when a preference eligible is available;

**(3)** Provision for veterans to reopen examinations under certain time
limitations;

**(4)** Credit of time spent on active military duty to the length of
time spent working in Federal service;

**(5)** Waiver of physical job requirements under certain conditions;

**(6)** Special provisions in layoff situations; and

**(7)** Job reinstatement rights.

**d. Applying for Federal Employment.** Standard Form 171, Application
for Federal Employment, is a complex, 4‑page form which many applicants
incorrectly or poorly complete. Applicants must closely follow the
directions on the form and complete all applicable blanks Item 24, Work
Experience is the most important part of the form and usually presents
the most problems. Case managers should find a useful, authoritative
guide to completing the SF‑171 and assist disabled veterans to use that
guide to complete an effective application

**e. Special VA Preferences.** Under 38 U.S.C. 4214(g), the Secretary of
Veterans Affairs may grant preference to qualified special disabled
veterans and qualified veterans of the Vietnam era for employment in VA
as veterans benefits counselors, veterans claims examiners, veterans
representatives at educational institutions, and counselors in
readjustment centers. The term "special disabled" identifies "a veteran
who is entitled to compensation . . . for a disability (i) rated at
30 percent or more, or (ii) rated at 10 or 20 percent . . . who has been
determined . . . to have a serious employment handicap; or . . . was
discharged or released from active duty because of a service‑connected
disability." (38 U.S.C. 4211(1)) The procedures for assisting veterans
in securing appointments are in FPM, chapter 307; MP‑5, part 1, chapter
307; and FPM, chapters 315 and 316.

**8.03 VETERANS READJUSTMENT APPOINTMENTS**

**a. General Eligibility.** Under section 4214 of Title 38, U.S.C.,
compensably service‑disabled Vietnam era veterans, Vietnam‑era veterans
who received or are entitled to receive a campaign or expeditionary
medal or badge, and post‑Vietnam‑era veterans may receive VRA benefits.
Oversight of the VRA program is given to OPM. OPM publishes the

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**M28‑1, Part IV April 16,1992**

regulations and other implementing instructions for VRA as chapter 307
of the FPM and in related FPM bulletins and letters. Effective March 23,
1991, there are no limitations on the educational experience of a VRA
applicant.

**b. Eligibility Restrictions and Time Limits for Appointment**

**(1) Vietnam‑era Veterans**

**(a) Restrictions.** Vietnam‑era veterans must meet the definition of
"veteran" in 38 U.S.C. 4211; that is, they must have served on active
duty for more than 180 days and received an other than a dishonorable
discharge. ***In addition***, they must have a compensable
service‑connected disability rated at 10 percent or more, have been
discharged for a service‑connected disability, *or* for service during
the Vietnam era only have served in Vietnam or another Vietnam era
campaign for which a campaign or expeditionary badge or medal is
authorized. Thus a 0 percent service‑connected disability does not
qualify Vietnam era veterans for VRA. (See app. B below for FPM Letter
307‑16 detailing the additional requirements for Vietnam era veterans
that became effective October 10, 1991, and the proofs needed to
establish entitlement for the Southwest Asia Service Medal.)

***NOTE:** Continued service after the Vietnam era does not exempt a
Vietnam era veteran from meeting these additional requirements.*

**(b) Time Limits.** Vietnam‑era veterans are eligible for a VRA
appointment during the period ending 10 years after the date of the
veteran's last discharge or release from active duty or until December
31, 1993, whichever is later. (See subpar (3) below for disabled
veterans with at least a 30 percent disability rating.)

**(2) Post‑Vietnam‑era Veterans**

**(a) Restrictions.** Post‑Vietnam‑era veterans are veterans who first
entered active duty after May 7, 1975. To be eligible, these veterans
must meet the definition of "veteran" in 38 U.S.C. 4211. (See also
subpar. (1) above.)

**(b) Limitations on 180‑day Requirement.** The 180‑day service
requirement does not apply to veterans separated from active duty for a
service‑connected disability. Moreover, it does not apply to reserve and
national guard members who served on active duty under 10 U.S.C. 672(a),
(g), or (d), 673, or 673b during a period of war (including the Persian
Gulf War) or in a military operation for which a campaign or
expeditionary medal is authorized. (See app. B for details of special
considerations for reservists and national guard members.)

**(c) Time Limits.** A post‑Vietnam‑era veteran is eligible for a VRA
within the 10‑year period after the veteran's last discharge or release
from active duty or December 17, 1999, whichever is later. (See subpar.
(3) below for disabled veterans with at least a 30 percent disability
rating.)

**(3) Veterans With a 30‑Percent Service‑connected Disability.**
Disabled veterans who are 30 percent or more disabled have no time
limits on their VRA eligibility.

**c. Minimum Job Requirements.** Veterans must meet only the minimum
requirements for jobs through grade 11. An agency may waive the
requirement for taking a written test.

**d. Appointment Authority and Grade Levels.** The authority for
appointing an eligible veteran under a VRA is in 5 CFR 307.103. The
maximum grade to which an agency may appoint an eligible veteran is GS
11, WG 11, or the equivalent. Effective March 23, 1991, there is no
longer any grade level distinction based on the period of military
service.

**e. Training Program.** Except for veterans with 15 or more years of
education, the veteran and the employing agency must work out a training
and educational program designed around the veteran's abilities and
interests, the agency's needs, and the available training or educational
facilities. VR&C staff members may assist

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**April 16,1992 M28‑1, Part IV**

in developing a suitable educational plan for veterans eligible for
chapter 31 services. VR&C staff members should coordinate developing
these plans with the veteran and agency personnel involved in VRA
placement.

***NOTE:** VR&C staff members may offer these counseling and planning
services to all veterans entitled to VRA placement.*

**f. Excepted Appointment.** The VRA is an excepted appointment. While
in a VRA, disabled veterans will be in tenure group II. By the time the
veteran has completed 2 years of satisfactory on-job performance and
participation in the agreed educational or training program, the agency
must have converted the veteran's appointment to career or
career‑conditional. Otherwise, the agency must separate the veteran from
Federal service.

**8.04 NONCOMPETITIVE APPOINTMENTS FOR 30 PERCENT (OR MORE) COMPENSABLY\
DISABLED VETERANS**

Under 5 U.S.C. 3112, a disabled veteran with a compensable
service‑connected disability of 30 percent or more may receive a
noncompetitive appointment in a Federal agency if the veteran meets the
job qualification standards. This appointment may lead to conversion to
career or career‑conditional employment. A key point is the authority to
convert from a temporary appointment to permanent status after a
relatively brief period of employment. If the hiring agency does not
convert a temporary appointment within the first 6 months, however, the
appointee must wait until 36 months have elapsed before another
opportunity to convert occurs. Procedures for these appointments and
conversion to permanent status are in FPM, chapter 316. It is often
necessary to advise hiring officials and personnel specialists of the
location of these guidelines to promote use of the special hiring
authority. See table 8.03 for documentation and special requirements for
noncompetitive appointments for 30 percent or more service‑disabled
veterans, persons with severe physical handicaps, mentally restored
individuals, and disabled veterans who have successfully completed a
Federal unpaid or nominally paid work experience.

**8.05 UNPAID TRAINING OR WORK EXPERIENCE**

**a. Authority.** Under 38 U.S.C. 3115, VA may use the facilities of a
Federal agency (including VA) for training or work experience as part or
all of a chapter 31 program either without pay or for nominal pay. This
unpaid training or work experience authority is in addition to VRA and
the 30 percent or more service‑connected disability noncompetitive
hiring authority.

**b. Need to Use Federal, State, or Local Agency.** VA must first
determine that this Federal agency training or work experience is
necessary to achieve the goals of the veteran's rehabilitation plan.
Similarly, the VR&C Division may also use the facilities of any State or
local government agency receiving Federal financial assistance. This
includes facilities of State, county, city, and town governments, as
well as the facilities of multigovernment agencies, such as regional
transportation authorities and water and sewerage authorities.

**c. Training in Federal Agencies.** Following training in a Federal
agency, veterans may receive a noncompetitive appointment to a vacancy
for which the training has qualified them. Placement must be in the
agency in which the veteran is training unless the veteran has agreed to
other arrangements.

**(1) Placement Agreement in Rehabilitation Plan.** The rehabilitation
plan must state that upon satisfactory completion of unpaid on‑job
training either the training agency will place the individual in the
position in which he or she is training or the individual understands
that a job is not available at the training agency, but that placement
in a similar position at another agency is reasonably likely. Because
work experience enhances the veteran's general ability to secure
employment, the rehabilitation plan does not need to contain this
agreement.

**(2) Completion Statement or Certificate.** According to FPM 315,
appendix B‑5, the VR&C Division and the training agency are to jointly
issue the veteran a statement or certificate of completion following
successful training or work experience. Any Federal agency can hire the
veteran within 1 year of the date of this document.

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**M28‑1, Part IV April 16, 1992**

**(3) First Appointment Status and Conversion.** As with other
noncompetitive appointments, the veteran's first appointment is classed
as special tenure. This appointment may convert to career or
career‑conditional within 6 months or at the end of 36 months.
(38 CFR 21.299.) (See table 8.03.)

**d. Application of Federal Laws.** The VR&C Division may authorize
unpaid training or work experience without regard to the compensation
requirements of the Fair Labor Standards Act or the prohibition in
31 U.S.C. 665(b) against Federal agencies' acceptance of voluntary
services. For veterans at Federal facilities, this training or work
experience is Federal employment only for the employees' job‑related
disability protections under chapter 81 of title 5 U.S.C., but not for
any other purposes of laws which OPM administers.

**e. Training in Other Public‑sector Agencies.** VR&C staff members may
secure use of non‑Federal public‑sector facilities to train disabled
veterans by means of contracts, agreements, or other cooperative
arrangements. Since Federal law allows use of noncompetitive hiring
authorities for disabled veterans below the Federal level, VR&C
Divisions should work with State and local government agencies to
develop hiring authorities and training and employment opportunities
which parallel the Federal practice.

**f. Determination on Use of Unpaid Public‑sector Training.** The CP and
the VRS will work jointly to determine the need for unpaid or nominally
paid training in a public agency. This training may be all or part of a
veteran's rehabilitation program. The determination will result from an
analysis of the veteran's needs. This analysis will focus on the
veteran's disability, education and work experience, employment goal,
and other pertinent factors. The analysis will then relate these factors
to available training resources and the requirements for restoration of
employability. For example, one or more of the following circumstances
may indicate unpaid training in a public agency:

**(1)** Training in a work setting will best meet the veteran's needs,
but the veteran's condition or other reasons make it infeasible to
develop suitable on‑job training either with a private employer or on a
competitive basis in a public agency.

**(2)** The veteran needs work experience during or after institutional
training either for transitional or adjustment purposes or as an
essential element to establish employability in the selected vocational
objective in the public or private sector. In FPM 315, appendix B‑4, OPM
indicates that 1 month of "intensive, carefully‑planned" training may
substitute for 2 months of experience in determining that an individual
meets the qualification requirements of a particular position.

**(3)** It is in the veteran's special interest to train in a public
agency because his or her goal is a career in government service.
Successful completion of the training or work experience should place
the veteran in a uniquely advantageous position for entry into public
service because the training directly relates to position qualification
requirements. When a veteran trains in a non‑Federal agency, VR&C staff
members should confirm the extent to which position qualification
requirements can transfer from one jurisdiction or level of government
to another. For example, a veteran should not train at a county agency
as an equipment operator, only to find out later that his or her
training and experience do not meet the qualification standards for an
equipment operator in a State agency.

**g. Development of Training Program.** The development of the training
program with the public agency is the responsibility of the VRS case
manager. The policies and procedures for development and supervision of
on‑job training programs generally apply

**(1) Authority for Training Plans.** There are two plans under which
Federal agencies may train disabled veterans on the job under
38 U.S.C. chapter 31 authority: plans 1 and 2, as explained in FPM,
chapter 315, appendix B. Chapter 31 unpaid or nominally paid trainees
(plan 2) will not replace or be used in lieu of regular employees for
whom funds and a personnel ceiling have been provided.

(**2) Agreements With Agencies.** The VRS will develop agreements with
agencies to establish the conditions for training on a nonpay basis.
These agreements will show that the veteran is not an employee under the
law. An attachment to the agreement will outline the training program.

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**April 16, 1992 M28‑1, Part IV**

**(3) Monthly Reporting Requirements.** The agency will make monthly
reports of training on VA Form 20‑1905c, Monthly Record of Training and
Wages. If the trainee does not receive wages, the agency will enter
"None" in item 5A and will check "Other" and enter "Nonpay status" in
item 6. Training programs with non‑Federal agencies should also follow
this process. Further detailed instructions are in part III, paragraph
2.02(c)(4) and (5).

**h. Benefits and Services.** Veterans in on‑job training or work
experience on an unpaid or nominally paid basis receive the same VA
benefits and services as other disabled veterans training under chapter
31. The case manager will also authorize supplies in the same manner as
for on‑job trainees

**(1) Subsistence Allowance.** For unpaid or nominally paid on‑job
training or work experience in a Federal, State, or local government
agency, the trainee will receive the institutional rate throughout the
period of training, as specified by law.

**(2) Training Time**

**(a) OJT.** On‑job training may be combined with institutional
training, but a veteran's OJT portion of the program always be full time

**(b) Work Experience.** In contrast to OJT, a veteran may undertake
work experience in a Federal, State, or local agency on a full‑time,
three‑quarter‑time, or half‑time basis, with subsistence allowance
commensurate with training time. A program may combine work experience
with institution training, possibly increasing the rate of subsistence
allowance due the veteran.

**(c) Work Experience on a Less‑than‑half‑time Basis.** VR&C staff
members may authorize work experience on a less than half‑time basis
only under 38 CFR 2 1 314. That is, pursuit at less than half‑time must
be part of the veteran's plan Additionally, a veteran cannot receive
subsistence allowance if he or she is pursuing rehabilitation on a less
than half‑time basis

**(3) Supervision.** Frequency of VA supervision of veterans in unpaid
or nominally paid OJT and work experience will be not less than the
frequency prescribed for other chapter 31 on‑job training

**i. Participants Are Not Federal Employees.** In the Federal
government, veterans in unpaid or nominally paid OJT or work experience
are not employees for OPM purposes and do not receive leave or other
employee benefits, with one exception: They are eligible for disability
compensation under the Federal Employees Compensation Act. As with other
trainees under chapter 31, they are eligible under 38 U.S.C. 1151 for
additional disability compensation if they suffer injury during
rehabilitation that results in additional disability. Similarly, if the
veteran dies from an on‑job injury, his or her dependents are eligible
for survivors' benefits for a service‑connected death. VR&C staff
members must negotiate the terms of agreements with non‑Federal
agencies, but these agreements should contain these protections.

Limitations on Nonpay Training in State and Local Governments. Veterans
in State and local government nonpay or work experience programs may not

**(1)** Work in positions involving political or religious activity, or

**(2)** Replace a current employee.

**8.06 CERTIFICATION OF SEVERELY HANDICAPPED APPLICANTS**

**a. Authority.** Under OPM regulations and procedures (FPM, chapter
306, subchapter 3), severely handicapped persons, including disabled
veterans, may receive an appointment to a Federal job on either a
temporary trial appointment (700‑hour) or a Schedule A (excepted)
appointment. Schedule A appointmentsbut not 700‑hour
appointmentsrequire that a VA CP or a State rehabilitation counselor
certify in writing that the

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**M28‑1, Part IV April 16,1992**

applicant has the qualifications and abilities to do the job. A disabled
individual may receive an excepted appointment without prior OPM
approval. By OPM determination, this special procedure applies to
"People with physical impairments which are sufficiently severe that
they qualify medically for an excepted appointment under Section
213.3102(u) of Schedule A (of Title 5, U.S.C.) whether or not this
authority is used." (FPM, ch. 306, subch. 4, paragraph 41b.) See table
8.04.

**b. Certification.** Under the special certification procedure, the CP
evaluates the ability of the handicapped person to meet the requirements
of a particular job and work situation. This certification
systematically analyzes both the job and the veteran's qualifications
and limitations. In this analysis, the CP establishes the veteran's
ability to perform the duties of the position even though the veteran's
disability may have prevented him or her from gaining all the
appropriate training or experience that the position requires.

**c. Steps Leading to Certification.** To certify an individual for
appointment as a severely handicapped person, the CP must first complete
a number of steps:

**(1)** Determine that the person is severely handicapped and the
handicap constitutes a serious hindrance to securing employment;

**(2)** Evaluate the individual's specific job skills, capabilities,
physical capacities, and limitations;

**(3)** Determine the requirements of the job through close cooperation
with the prospective employer and on‑site observation and will include
consideration, as necessary, of possible adaptations and modifications
of the job tasks and the worksite;

**(4)** Determine, based on evaluation of the handicapped individual's
skills, abilities, physical capacities, and limitations in relation to
the specific job requirements, that the applicant can meet the job
requirements;

**(5)** When the criteria for appointment as a severely handicapped
person under the trial appointment or excepted appointment procedures
are met, and there is agreement with the employer, prepare VA Form 2157,
Certification of Employability; and

**(6)** Document in a narrative statement the individual's ability to do
the job, recommending any needed job task modifications or worksite
modifications, and discussing the applicant's limitations or other
work‑relevant factors. If the certification is for an excepted
appointment, the CP will provide copies of these documents and a report
of a current medical examination to the personnel officer of the
employing activity. The employing agency will forward the copies to OPM
for prior approval.

**d. Special Appointment Authority for the Mentally Restored.** A
mentally restored individual may receive an appointment to a position
noncompetitively under 5 U.S.C. 213.3202(K), Schedule B. This excepted
appointment authority offers mentally restored persons an opportunity to
establish a successful performance record to counteract prejudice on the
part of employers. To be eligible for appointment as a mentally restored
individual, the person must be at a severe disadvantage in obtaining
employment because he or she has a psychiatric disability evidenced by
hospitalization or outpatient treatment. The disability must also have
caused a significant period of substantially disrupted employment.
Finally, a State vocational rehabilitation counselor or a VA
psychologist or psychiatrist must certify the person for a specific
position. See tables 8.01 and 8.03.

**8.07 WORK‑STUDY ALLOWANCE PROGRAM**

Veterans attending school three‑quarter time or more can work for VA up
to 1300 hours per year. For this work, veterans receive either the
Federal or State minimum wage, whichever is higher. Generally, veterans
must work in VA facilities. If the veteran is performing outreach
services or is preparing or processing VA forms, however, he or she may
work in a non‑VA facility. For example, a work‑study might call veterans
to inform them of available VA benefits. A work‑study might also assist
a Disabled Transition Assistance Program CP in collecting and forwarding
claims for benefits and in answering calls and taking messages in an
outbased location.

**8‑8**

**April 16, 1992 M28‑1, Part IV**

A VA employee must directly supervise these outreach activities. The
Work‑study Allowance Program allows veterans to gain experience working
in fields related to their training. For example, a veteran training as
an accountant might work in a VA Finance activity. Whenever possible,
work‑study assignments should improve the veteran's employability in his
or her occupational goal. (38 CFR 21.272)

**8.08 COORDINATION WITH PUBLIC‑SECTOR AGENCIES**

Although authority exists to place veterans in Federal civil service
jobs or training positions (38 U.S.C. 3115 and 5 CFR 315.604), this
authority alone is of little value without a useful degree of
communication and cooperation with OPM and other Federal agencies.
Similarly, the VR&C Division's authority to use the facilities of
non‑Federal government agencies requires interaction with these
agencies. The VR&C Officer is responsible for ensuring open
communication and close cooperation with other agencies. VR&C staff
members should personally know the Veterans Employment Counselor in
OPM's area office, the Veterans Employment Coordinator or Selective
Placement Specialist in the Federal agencies within the area, and their
counterparts in other public‑sector agencies. Periodic contacts with
these individuals and others responsible for employment and placement in
potential host agencies serve to promote these programs as well as other
special employment opportunities for veterans.

**8.09 VETERANS' EMPLOYMENT EMPHASIS UNDER FEDERAL CONTRACTS**

Under 38 U.S.C. 4212, contractors and subcontractors with Federal or
Federally assisted contracts of \$10,000 or more must list with the
State employment service local office any new job openings that current
employees will not fill. The State employment service must then refer
veterans to these jobs on a priority basis. The contractor must also
take affirmative action in hiring and promoting qualified special
disabled veterans and veterans of the Vietnam era. (See 38 U.S.C. 4211
for definition of "special disabled veteran.") The OFCCP (Office of
Federal Contract Compliance Programs), a component of the Department of
Labor, investigates complaints and takes appropriate action in
situations where there is evidence of noncompliance. The national VA‑DOL
agreement describes the responsibilities of VA, VETS (Veterans'
Employment and Training Service), SESA (State Employment Security
Agency), and local OFCCP in implementing 38 U.S.C. 4212. The statewide
agreement or related document should contain specific directives to
implement the provisions of the national agreement.

**8.10 OUTREACH UNDER THE VA'S ON‑JOB TRAINING PROGRAM**

Close coordination with DVOPs and other SESA personnel will reduce
duplication in outreach to employers for job development and placement
purposes, the development and maintenance of affirmative action
programs, and monitoring employer compliance with reasonable
accommodation obligations.

**8.11 JOB TRAINING PARTNERSHIP ACT**

**a. Responsibility of State and Local Governments.** The JTPA (Job
Training Partnership Act) transferred to State and local governments
many responsibilities that the Federal Government formerly conducted. To
meet local market conditions, State and local governments now have
considerable flexibility in designing training programs. State and local
governments gain this flexibility through PICs (Private Industry
Councils), composed of appointed representatives from business, labor,
and State and local governments.

**b. Services Furnished Under JTPA.** The Federal‑State JTPA program
offers job training to unemployed, economically disadvantaged youths and
adults, including veterans. Generally, veterans must meet the same
eligibility criteria as other applicants. Job Service staff members will
assist veterans in determining eligibility for available training This
training may include OJT, vocational education, classroom instruction,
or any combination of these activities. Trainees may receive income
support on an as needed basis. The availability of training programs may
vary from time to time depending upon the funding available through the
PICs.

**c. Referrals for JTPA.** To explore training opportunities under JTPA,
VR&C staff members should contact the designated liaison person or Local
Veterans' Employment Representative. VR&C staff members will refer
veterans under the personalized referral provisions in the national
VA/DOL agreement.

**8‑9**

**M28‑1, Part IV April 16, 1992**

**8.12 REEMPLOYMENT RIGHTS**

Veterans, reservists, and members of the National Guard are entitled to
certain reemployment and other rights. These rights include protection
against discharge from employment because of membership in reserve
components of the Armed Forces or training duty obligations. Note that
many current reservists and National Guard members are also veterans
entitled to VA services and benefits, based upon prior active service.
Under 38 U.S.C. 4325, OVRR (Office of Veterans' Reemployment Rights), a
component of the Department of Labor's Office of the Assistant Secretary
for Veterans' Employment and Training, assists persons who want to
return to their former positions. OVRR also assists veterans and
employers by investigating complaints and attempting to resolve
problems. The statewide agreement between VA and DOL should describe how
the two agencies will coordinate the dissemination of information
regarding veterans reemployment rights to veterans and employers

**8.13 AFFIRMATIVE ACTION**

**a. Responsibilities.** The VR&C Division has specific responsibilities
in helping to implement affirmative action in VA These responsibilities
derive from two major affirmative action activities.

**(1)** The Disabled Veterans Affirmative Action Plan, for which OPM has
administrative responsibility, and

**(2)** The Comprehensive Affirmative Action Program for People With
Disabilities, for which EEOC (Equal Employment Opportunity Commission)
has administrative responsibility. Descriptions of these two programs
are in VA Manual MP‑7, part 1, chapter 2, sections D and E respectively.
Under section 501 of Public Law 93‑112, the Rehabilitation Act of 1973,
and section 403 of Public Law 93‑508, the Vietnam Era Veterans
Readjustment Assistance Act of 1974, VA's affirmative action
responsibilities encompass employment in Federal agencies. These
responsibilities also include employment by private employers who hold
certain Federal contracts and by subcontractors of these contract
employers. VR&C staff members should be thoroughly familiar with VA
affirmative action activities.

**b. Employment in VA.** Besides the affirmative action plans in
subparagraph a above, VA has policies and procedures for a
comprehensive, systematic selective placement program to provide
increased and improved VA employment and career development
opportunities for handicapped persons. These policies and procedures are
set forth in VA Manual MP‑5, part 1, chapter 306. Overall responsibility
for carrying out these policies and procedures in each station rests
with the station Director. The Personnel Officer, the station
coordinator for selective placement of people with disabilities, has
primary staff responsibility. The VR&C Officer or designee will work
with the Personnel Officer and coordinators at other VA facilities and
other Federal agencies in the same geographical area. Together they will
develop job opportunities within VA for disabled veterans for whom the
VR&C Division has placement assistance responsibility. They will also
furnish specialized support and technical assistance to increase
placement opportunities for handicapped veterans and nonveterans in VA.
Finally, they will ensure the optimum use and adjustment of disabled
veterans as employees. The VR&C Officer, with the help of CPs and VRSs,
will participate in the overall station program as follows:

**(1)** Serve on the station committee on employees with disabilities,
and

**(2)** Consult with the station coordinator and serve as a resource
person in the following areas:

**(a)** Effecting placement of individual handicapped applicants,

**(b)** Analyzing the physical and other requirements of positions to
determine the suitability of the positions for handicapped persons,

**(c)** Modifying worksites and environment and restructuring job tasks
to bring jobs within the capabilities of handicapped persons

**8‑10**

**April 16, 1992 M28‑1, Part IV**

**(d)** Resolving problems of job adjustment related to disability,

**(e)** Planning career development for individual disabled veterans and
other handicapped employees,

**(f)** Orienting supervisors and coworkers of handicapped employees,
and

**(g)** Certifying severely handicapped applicants for appointment.

**c. Other Federal Employment.** Federal employment, especially under an
expanded and strengthened program of affirmative action, represents an
important placement resource for disabled veterans and other persons
with handicaps. VR&C staff members need to aggressively develop and use
this resource in discharging their responsibilities in the placement of
disabled veterans.

**(1) Direct Contact With Agency Placement Coordinators.** One of the
most effective ways of developing job opportunities is by directly
contacting the coordinators for selective placement of the disabled in
the various Federal agencies. VR&C staff members can generally obtain
the name and telephone number of the coordinator at each Federal agency
by contacting the area OPM office. Often the duty of selective placement
coordinator rotates among various staff members in an agency's personnel
offices. In this case, OPM may not have the name and phone number of the
selective placement coordinator. Normally, VR&C staff members can
establish liaison by contacting the personnel office and asking for the
selective placement coordinator. The VR&C Officer should initiate and
maintain an active relationship with these coordinators, as well as with
local OPM staff members, to locate employment possibilities for disabled
veterans. These possibilities may include openings to which agencies may
appoint severely disabled veterans based on a CP's special
certification. As necessary, VR&C staff members will visit work places
to observe job functions and working conditions.

**(2) Requests From Agency Coordinators.** The VR&C Officer will also be
responsive to requests front agency coordinators to evaluate the
qualifications of severely handicapped veterans under consideration as
applicants under special appointment procedures. If appropriate, a CP
will complete the special certification procedures (see par 8 06).

**8.14 FACILITATING EMPLOYMENT IN THE PRIVATE SECTOR**

Private employers who contract with the Federal Government must offer
employment and job advancement opportunities to disabled veterans and
other handicapped persons. Many employers seek guidance in meeting the
requirements of the law and VR&C staff members should work closely with
these employers. This help should include general orientations about VA
on‑job training and other programs and services as well as what
selective placement can accomplish. Then VR&C staff members should
assist in identifying and analyzing specific jobs and job training
situations for placement of disabled veterans and in making job and
worksite modifications to accommodate handicapped workers. Having
identified a particular job, VR&C staff members should refer veterans
whom VA counseling has determined qualified for placement in the job.
Following placement, CPs and VRSs should offer help in resolving any job
adjustment or work problems that may arise. The VA/DOL statewide
agreement should describe the overall coordination with the liaison in
the OFCCP (see also par. 8.09).

**8.15 INSERVICE TRAINING**

The VR&C Officer in each regional office will hold inservice training
sessions on policies and procedures which CPs and VRSs need to follow in
implementing an intensive affirmative action program. Pertinent basic
materials include sections 501 and 503 of Public Law 93‑112;
38 U.S.C. 4212 and 4214; VA Manual MP‑5, part 1, chapter 306; FPM,
chapter 306; and both VA affirmative action program plans for employment
of disabled veterans and handicapped individuals. The VR&C Officer
should invite to these training sessions VA field station coordinators
and other staff members concerned with placing the handicapped. When
discussing cooperative action with outside agencies, the VR&C Officer
should also extend invitations to coordinators in those agencies; for
example., State vocational rehabilitation agency counselors and State
Employment Security Agency selective placement counselors.

**8‑11**

**M28‑1, Part IV April 16, 1992**

  ------------------- ----------------- ------------ ----------------- ----------------- --------------- ----------------
  **Appointment**     **Eligibility**   **Requires   **Certification   **Leads to        **Length of     **Reference FPM
                                        Prior OPM    by State VR or VA Non‑Competitive   Appointment**   Guidance**
                                        Approval**   Required**        Conversion to                     
                                                                       Competitive                       
                                                                       Service**                         

  Schedule A,\        Severely          No           Yes if direct     Yes upon          Permanent       FPM 306,
  5 CFR 213.3102(u)   physically                     appointment or if successful        (full‑time,     Subchapter 4;
                      disabled                       700‑hour and      completion of 2   part‑time, or   FPM 296‑33 for
                      applicants                     X‑118 standards   years in          intermittent    processing
                                                     are not used      permanent                         
                                                                       position                          

                                                     No, if 700‑hour                                     
                                                     temporary                                           
                                                     appointment and                                     
                                                     X‑118 standards                                     
                                                     are used                                            

  5 CFR 316.402(a)    Severely          No           Yes, if X‑118     No                Temporary NTE   FPM 306,
                      physically                     standards are not                   (not to exceed) Subchapters 4,
                      handicapped                    applied                             700 hours       6; FPM 296‑33
                      applicants                                                                         for processing;
                                                                                                         FPM 316‑4‑6(e)

                      Mentally restored              No, if X‑118                                        
                      applicants                     standards are                                       
                                                     applied                                             

  Temporary\          Veterans with 30% No           Disability rating May result in     Temporary other FPM Ltr 30027;\
  5 CFR\              or more                        from VA required  conversion.       than 30 days    FPM 315;\
  316.402‑B‑(5)       disability                     or from the       Section 315.707                   FPM 316;\
                      ratings from VA                military                                            FPM 296‑33 for
                                                     department                                          processing

  Schedule B,\        Mentally restored Yes          Yes               No                Temporary NTE 2 FPM 306,\
  5 CFR 213.3202(k)   persons                                                            years           Subch. 6;\
                                                                                         (including time FPM 296‑33 for
                                                                                         served under    processing
                                                                                         700‑hour        
                                                                                         appointment)    
  ------------------- ----------------- ------------ ----------------- ----------------- --------------- ----------------

**Table 8.01. Noncompetitive Appointing Authorities and Programs
Designed or Modified Specifically for**

**Applicants With Physical or Mental Disabilities**

**8‑12**

**April 16, 1992 M28‑1, Part IV**

  --------------- ---------------- ------------------ --------------------------
  **Employment    **Pay**          **Authority**      **Conditions of
  Status**                                            Employment**

  Competitive     GS or WG         Section 3102(c) of Personal assistance,
  employees                        title 5 U.S.C.     reading, and interpreting
                                   authorizes agency  services performed by
                                   heads to assign    current employees
                                   employees to       part‑time or "as required"
                                   provide personal   can be classified under
                                   assistance,        "other duties as
                                   reading, and       assigned." These employees
                                   interpreting       remain in competitive
                                   services to enable service even if they are
                                   their handicapped  reclassified as readers,
                                   employees to       interpreters, or personal
                                   perform their      assistants. An assistant
                                   work.              to a handicapped incumbent
                                                      of a sensitive position is
                                                      subject to security
                                                      clearance (see FPM chapter
                                                      736).

  Excepted        GS or WG         Section 3102(c) of The prime function of the
  service                          title 5 U.S.C.     position is to provide
  employees                        authorizes agency  reading, interpreting, or
  (appointed                       heads to employ    personal assistance,
  under Schedule                   personal           however, other duties may
  A,                               assistants,        be assigned on an "as
  213.3102(11))                    readers, and       needed" basis. Positions
                                   interpreters       may be filled on a
                                   subject to section full‑time, part‑time, or
                                   209 of title 18    intermittent basis. An
                                   and to provisions  assistant to a handicapped
                                   of this title      incumbent of a sensitive
                                   governing          position is subject to
                                   appointment and    security clearance (see
                                   chapter 51 and     FPM chapter 736).
                                   subchapter III of  
                                   chapter 53 of this 
                                   title governing    
                                   classification and 
                                   pay.               

  Personal        Volunteer or     Section 3102(b)(1) These individuals may
  assistant,      paid by the      of title 5, U.S.C. perform no other official
  including       handicapped      provides agencies  duties. Short term
  readers and     employee or a    with the authority appointments may be
  interpreters    nonprofit        to employ without  processed on Standard Form
  serving without organization or  pay personal       50‑A. Substantially
  pay from the    State            assistants, as     full‑time service becomes
  agencies        rehabilitation   well as readers    creditable for retirement
                  agency           and interpreters,  if the assistant is
                                   for their          subsequently appointed to
                                   handicapped        a position subject to
                                   employees, without chapter 83 of title 5,
                                   regard to civil    U.S.C. An assistant to a
                                   service            handicapped incumbent of a
                                   classification     sensitive position is
                                   laws. These        subject to security
                                   individuals shall  clearance (see FPM chapter
                                   be considered      736).
                                   employees only for 
                                   purposes of        
                                   compensation for   
                                   injuries under     
                                   chapter 81 of      
                                   title 5, U.S.C.    
                                   and are covered by 
                                   sections 2671      
                                   through 2680 of    
                                   title 28 relating  
                                   to tort claims.    
  --------------- ---------------- ------------------ --------------------------

**Table 8.02. Employment of Paid and Unpaid Readers, Interpreters, and
Personal Assistants**

**8‑13**

**M28‑1, Part IV April 16, 1992**

  ----------------- ----------------- ------------------- -------------------
  **Physically      **Disabled        **Mentally          **Unpaid Work
  Handicapped**     Veterans**        Restored**          Experience\
                                                          Disabled Veterans**

  **Schedule A, 5   **Temporary B, 5  **Schedule B, 5     **No Appointing
  CFR\              CFR\              CFR\                Authority**
  213.3102(u)**     316.402(b)(5)**   213.3202(k)**       

  INITIAL           1\. Notice of     1\. Certification   Plan 1
  APPOINTMENT       compensable       from State          
                    disability        vocational          

  1\. Position      rating (30% or    rehabilitation      1\. Written
  Description;\     more from VA,     counselor or VA     agreement between
  2. Standard Form  dated within the  counseling          host agency and VA;
  171;\             preceding year    psychologist\       and\
  3. Certification  or\               2. Position         2. Approval by OPM
  and Narrative\    2. Notice of      Description\        if training would
  (see FPM chapter  retirement or     3. Standard Form    change
  306); and\        discharge from    171\                qualification
  4. Medical        active military   4. Memorandum to    standards of target
  statement         service with a    OPM requesting      position.
  documenting the   disability rating approval            
  degree of         of 30% or more,                       
  impairment.       dated at any                          
                    time. (Note: This                     
                    documentation is                      
                    required for                          
                    *both* initial                        
                    temporary                             
                    appointment and                       
                    conversion to                         

  CONVERSION FROM   competitive       SPECIAL EQUIPMENT   Plan 2:
  316.402(A) TO\    service *unless*                      Service‑Connected
  213.3102(u)       conversion is                         Disabled\
                    made within 1                         Veterans Only
                    year after                            
                    qualifying                            

  Documentation as  temporary         1\. All             1\. Written
  above plus:\      appointment.)     appointments other  agreement between
  1. Brief                            than for a 700‑hour host agency and VA;
  statement of                        temporary           and\
  satisfactory                        appointment must be 2. Approval from
  performance from                    approved by OPM     OPM if training
  supervisor;\                        (FPM 316.706(e)).   would modify
  2. Brief                            Requests outside    qualification
  statement of how                    the metropolitan    standards of target
  job accommodates                    area of the         position or if
  disability; and\                    District of         training leads to
  3. Reasons for                      Columbia should be  noncompetitive
  approval or                         sent to the         conversion into a
  disapproval of                      appropriate OPM     position.
  appointment.                        regional office.    
                                      Request for         
                                      appointment within  
                                      the metropolitan    
                                      District of         
                                      Columbia area       
                                      should be forwarded 
                                      to the Director,    
                                      Selective Placement 
                                      Programs;           
                                      1900 E St., NW;     
                                      Washington, DC      
                                      20415.              

  DIRECT                                                  
  APPOINTMENT                                             

  1\. Position                                            
  Description\                                            
  2. Standard Form                                        
  171\                                                    
  3. Certification                                        
  and narrative;\                                         
  4. Statement of                                         
  how job                                                 
  accommodates                                            
  disability; and\                                        
  5. Reasons for                                          
  approval or                                             
  disapproval of                                          
  appointment.                                            
  ----------------- ----------------- ------------------- -------------------

**Table 8.03 Documentation or Special Requirements for Appointment
Authorities or Special Program for Persons With Severe Physical
Disabilities, Service‑disabled Veterans Rated 30 Percent or More,
Mentally Restored Individuals, and Unpaid Work Experience for Disabled
Veterans**

**8‑14**

**April 16, 1992 M28‑1, Part IV**

  ------------------ ------------- -------------- -------------- --------------- --------------
  **Veterans With                                                                
  These Conditions                                                               
  May Be Eligible                                                                
  Based on Less                                                                  
  Severe Disability                                                              
  in Conjunction                                                                 
  With Other                                                                     
  Placement                                                                      
  Considerations**                                                               

  **Sight**          **Hearing**   **Speaking**   **Motor        **Emotional**   **Other**
                                                  Skills**                       

  Corrected vision   Loss less     \(1\) Loss or  Moderately     None (unless    \(1\) Kidney
  of each eye better than 60       impairment of  impaired       secondary to    dialysis;\
  than 20/200, but   decibels with speech but     mobility:\     severe          (2) Heart
  with concomitant   correction,   able to hear;\ (1) Uses       handicap).      pacemakers;\
  disorders, such as but at least  (2) Slurred    single leg                     (3)
  tunnel or          greater than  Speech (very   brace below                    Hemophilia;\
  peripheral vision. 30 decibels   difficult to   knee or elbow                  (4) Convulsive
                     (consider     understand;    prosthesis;\                   or other
                     factors such  or\            (2) Walks with                 disorders
                     as inability  (3) Severe     limp;\                         requiring
                     to use        stuttering.    (3) Mild                       medication
                     hearing aid                  spasticity;\                   which may have
                     on sustained                 (4) Moderately                 side effects;\
                     basis).                      impaired                       (5) Cancer;\
                                                  dexterity;\                    (6) Dyslexia;
                                                  (5) Spasticity                 or\
                                                  or atrophy one                 (7)
                                                  arm;\                          Appropriate
                                                  (6) Inability                  condition not
                                                  to use                         otherwise
                                                  standard                       noted.
                                                  equipment; or\                 
                                                  (7) Abnormally                 
                                                  decreased or                   
                                                  increased                      
                                                  stature.                       

  **Veterans With                                                                
  These Conditions                                                               
  May Be Eligible                                                                
  Primarily Based on                                                             
  the Severity of                                                                
  Physical                                                                       
  Disability**                                                                   

  **Sight**          **Hearing**   **Speaking**   **Motor        **Emotional**   **Other**
                                                  Skills**                       

  Corrected vision   Loss 60       Mute because   Severely       None.           Multiple
  in each eye no     decibels or   of deafness.   impaired                       moderate
  better than        greater in                   mobility:\                     disabilities
  20/200.            both ears                    (1) Uses                       involving more
                     with                         wheelchair,                    than one
                     correction.                  crutches,                      physical
                                                  double leg                     function.
                                                  brace, full                    
                                                  leg or full                    
                                                  arm                            
                                                  prosthesis;\                   
                                                  (2) Awkward                    
                                                  very slow                      
                                                  gait;\                         
                                                  (3) Inability                  
                                                  to stand or                    
                                                  sit except                     
                                                  short                          
                                                  periods;\                      
                                                  (4) Spasticity                 
                                                  severely                       
                                                  impairs                        
                                                  dexterity;\                    
                                                  (5) Spasticity                 
                                                  or atrophy                     
                                                  both arms;\                    
                                                  (6) Unable to                  
                                                  write or pick                  
                                                  up objects                     
                                                  without great                  
                                                  difficulty.                    
  ------------------ ------------- -------------- -------------- --------------- --------------

**Table 8.04. Criteria for Determining Eligibility for Appointment of
Severely Handicapped Individuals to Excepted Positions\
Under Schedule A, Title 5, U.S.C. 213.3102(u)**

**8‑15**

**April 16, 1992 M28‑1, Part IV**

**Appendix 8A**

**Office of Personnel Management**

**Federal Personnel Manual System** Published in advance of
incorporation in FPM

Chapters 211 and 307

FPM Letter 307‑15

Subject New Employment Benefits for Veterans

Washington, DC 20415

June 24, 1991

Heads of Departments and Independent Establishments:

1\. [Presidential Support for Employing Veterans]{.underline}

The President, on March 8, 1991, directed Federal agencies to ensure
that Federal civilian employment opportunities are made available to the
greatest extent possible to veterans of Operation Desert Shield/Storm,
particularly those who have become disabled as a result of their
military service. To help Federal agencies carry out the President's
mandate, this letter provides information about two major changes in the
employment benefits available to veterans, (1) the Southwest Asia
Service Medal, which entitles recipients to preference in Federal
employment and retention, and (2) the new veterans' readjustment hiring
authority.

2\. [Veterans' Preference for Gulf War Participants]{.underline}

a\) To recognize the special sacrifices and outstanding performance of
the Armed Forces, President Bush ordered the creation of the Southwest
Asia Service Medal for active duty personnel who served in military
operations in southwest Asia or in the surrounding contiguous waters or
air space on or after August 2, 1990, and before a terminal date to be
set by the Secretary of Defense (Executive Order 12754, March 12, 1991).

b\) The military departments will publish specific eligibility criteria
for awarding the medal. (Note the National Defense Service Medal (NDSM),
which was reinstated on February 21, 1991, by the Secretary of Defense,
is not a campaign badge and, therefore, is not a basis for granting
veterans' preference.)

c\) Under civil service law (5 U.S.C. 2108), individuals who receive a
campaign medal and meet the other eligibility requirements indicated
below are eligible for veterans' preference in Federal employment. Thus,
the more than half‑million members of our Armed Forces eligible for the
Southwest Asia Service Medalincluding many reservistscan claim
veterans' preference. This is the largest number of service men and
women to be covered since October 14, 1976, when peacetime veterans'
preference ended.

d\) To qualify for preference, recipients of the Southwest Asia Service
Medal must have been honorably discharged and have served continuously
for 24 months or the full period for which called or ordered to active
duty. Reserves who are released before serving the total period
originally called for, are considered to have met this requirement. In
addition, no minimum service period is required for (1) veterans with
compensable service‑connected disabilities, or (2) those discharged or
released for disabilities incurred or aggravated in the line of duty or
for hardship or other reasons under 10 U.S.C. 1171 or 1173 (FPM Chapter
211).

3\. [Documenting]{.underline} Eligibility [for Veterans' Preference of
Employees]{.underline}

a\) Proof of eligibility for preference generally is provided on each
certificate of Release or Discharge from Active Duty (Form DD214) or
other evidence issued by the military departments. Agencies should make
sure that

**8A‑1**

**M28‑1, Part IV April 16, 1992**

employees who return from active duty provide their personnel offices
with copies of discharge papers or other military documents showing
award of the Southwest Asia Service Medal. In some cases the military
records may not show the award of the medal at all, if, for example, the
employee was discharged before the medal was authorized. The military
department is responsible for notifying veterans who have separated of
this medal award. Since not all returning reservists are eligible for
this benefit, [it is critical that personnel officials
accurately]{.underline} [determine which employees are eligible for
veterans' preference and document their employment records to this
effect]{.underline}.

b\) Agencies should process an 883/Chg in Vet Pref action for each
returning employee who is eligible for preference based on award of the
Southwest Asia Service Medal. Agencies should cite CCM/FPM Ch 211 and
ZJR/Operation Desert Shield as the authorities. The 883/Chg in Vet Pref
action should be effective on the same date as the action documenting
the employee's return to duty from LWOP or restoration after military
separation. Both actions may be documented on the same SF 50,
Notification of Personnel Action.

4\. [Determining, Veterans' Preference Eligibility of Job
Applicants]{.underline}

Establishing the eligibility of job applicants for veterans' preference
is based on the same criteria specified in paragraph, 2 and 3 above.
Some members of the Reserve and National Guard may have applied for
civil service employment prior to being sent to the Gulf. OPM are
offices have been instructed to revise the examination ratings of such
individuals who claim preference based on the award of the Southwest
Asia Service Medal. Federal agencies with direct‑hire and delegated
examining authority should make a similar revision upon notification
from applicants. Also, in any contact with applicants, agencies should
remind those who are eligible to contact the applicants, agencies should
remind those who are eligible to claim veterans' preference on their
application for Federal civil service employment.

5\. [New Veterans' Readjustment Appointment (VRA) Authority]{.underline}

Section 9, attached, of P.L. 102‑16, signed by the President on March
22, 1991, makes several important changes in the VRA authority listed
below. The new law

-- Is [effective March 23, 1991]{.underline}. Appointments may be made
immediately on the basis of the eligibility criteria in the new law
without waiting for implementing regulations. Previous VRA eligibility
criteria must not be used.

-- Raises the [maximum entry grade level]{.underline} to GS 11, WG 11,
or equivalent for all VRA eligibles.

-- Eliminates the [education limits]{.underline} on VRA eligibility.
There is no longer any restriction on the number of years of education
VRA eligibles may have

-- Changes the [VRA eligibility of veterans who entered the Armed Forces
on or before May 7, 1975, and continued serving after that
date]{.underline}. Those veterans no longer qualify as post‑Vietnam‑era
veterans, but must meet the definition of Vietnam‑era veteran, to be
eligible for VRA appointment. Vietnam‑era veterans are eligible for VRA
appointments only if they meet the general definition of "veteran" in
38 U.S.C. \[4211\] (i.e., they served on active duty for more than 180
days and were separated with other than a dishonorable discharge or were
discharged because of a service‑connected disability) and either (1)
have a service‑connected disability, or (2) served in Vietnam or another
campaign of the Vietnam era for which a badge or medal is authorized.

-- Changes the definition of [post‑Vietnam‑era veterans
from]{.underline} "veterans who served on active duty after May 7, 1975"
to "veterans who first became a member of the Armed Forces after May 7,
1975." All post‑Vietnam‑era veterans are eligible for VRA appointments
provided they served on active duty for more than 180 days and were
separated with other than a dishonorable discharge or were discharged
because of a service‑connected disability (38 U.S.C. \[4211\]).

-- [Changes the period of appointment eligibility]{.underline}. Disabled
veterans who are 30 percent or more disabled have no time limit on their
VRA eligibility. A Vietnam‑era veterans is eligible for VRA appointment
during the period

**8A‑2**

**April 16,1992 M28‑1, Part IV**

ending 10 years after the date of the veteran's last discharge or
release form active duty or until December 31, 1993whichever is later.
A post‑Vietnam‑era veteran is eligible for a VRA appointment within the
10 year period after the veteran's last discharge or release from active
duty *or* December 17, 1999whichever is later.

-- Removes the December 31, 1993, [expiration date]{.underline} from the
VRA statute, thereby making the VRA authority permanent.

-- Provides [preference for disabled veterans]{.underline} over other
veterans in appointments.

6\. [Selection Process for VRA Appointments]{.underline}

5 CFR Part 302 selection procedures must be followed in making VRA
appointments. This assures compliance with statutory requirements that
preference be provided for both disabled preference eligibles and
nondisabled preference eligibles over VRA candidates who are not
eligible for veterans' preference (see FPM Chapter 213).

7\. [Documenting VRA Appointments]{.underline}

Other major provisions (length of appointment, training, nature of
action, and temporary appointment based on VRA eligibility) have not
changed. Agencies should use the same appointing authority shown in
interim regulation 5 CFR 307.103 (see FPM Bulletin 307‑26, dated April
30, 1990) following the instructions in FPM Supplement 296‑33,
subchapter 11. Until final regulations are issued, cite in the Remarks
section of the ST 50, Notification of Personnel Action, "VRA Program
revised by P.L. 102‑16, March 22, 1991." OPM will be issuing regulations
as well as revised instructions in FPM Chapters 307 and 316 to reflect
the new requirements of the law

8\. [OPM and Agency Support for All Veterans]{.underline}

a\) While immediate attention is focused on the preference eligibles who
served in Operation Desert Shield/Storm, we should not lose sight of the
needs and entitlements of veterans from earlier eras, especially those
who served during the Vietnam era or those who were disabled as a result
of a service‑connected disability. These individuals also left their
regular civilian employment to join in a national military effort; their
lives and the lives of their families were greatly disrupted. In
recognition of the sacrifices made by members of the Armed Forces, it is
essential that Federal agencies as employers take extra steps to help
these individuals.

b\) To assist all veteransthose who are disabled, those from Operation
Desert Shield/Storm, including those eligible for VRA, and those who
served in earlier conflictsOPM has designated a staff member in each
area office and the Washington Area Service Center as a contact point
for inquiries from and about veterans. A one‑page fact sheet for VRA
applicants, which includes a list of these contacts, is attached.\* OPM
is pledged to provide full support to veterans. We urge Federal agencies
to give every possible employment consideration to the dedicated and
talented men and women or the Armed Forces as they return to civilian
life.

Constance Berry Newman

Director

Attachments

*(\***NOTE:** To obtain this fact sheet and list, VR&C Divisions should
contact their OPM area office.)*

**8A‑3**

**April 16,1992 M28‑1, Part IV**

**Appendix 8B**

**Office of Personnel Management**

**Federal Personnel Manual System** Published in advance of
incorporation in FPM

Retain Until Superseded

FPM Letter 307‑16

Subject: Changes in VRA and Other Veterans' Employment Requirements

Washington, DC 20415

January 22, 1992

Heads of Departments and Independent Establishments:

**VRA Law Amendments**

1\. On October 10, 1991, the President signed Public Law 102‑127 that
makes two changes in the Veterans' Readjustment Appointment (VRA)
authority.

2\. One change modifies the VRA eligibility of disabled veterans of the
Vietnam era. To be eligible for appointment, these individuals must meet
one of the two following criteria:

a\. They must have a [compensable]{.underline} service‑connected
disability, which is one rated at ten percent or more disabling, or

b\. They must have been discharged or released from active duty for a
disability incurred or aggravated in the line of duty.

Accordingly, a disabled veteran of the Vietnam era with a 0 percent
disability rating is no longer eligible. The change amends
38 U.S.C. 4214(b)(2)(A)(i) (formerly section 2014).

3\. The other change in VRA eligibility particularly helps reserve and
guard members who served for a period of less than 181 days active duty
during Operation Desert Shield/Storm. That change excepts reserve and
guard members from the requirement to serve on active duty for a period
of more than 180 days, as long as they meet all of the following three
requirements:

a\. [They were ordered to active duty under section 672 (a), (d), or
(g), 673, or 673b of title 10]{.underline}. These sections are the
statutory authorities for calling up reserves and guard members,
including those in the Selected and the Ready Reserves. The remarks
portion, item No. 18, of the service member's Form DD 214 should cite
one of these sections as the basis for ordering the member to active
duty; for example, "Reservist ordered to active duty in support of
Operation Desert Shield/Storm 10 U.S.C. 673b."

b\. [They served on active duty during a period of war or in a campaign
or expedition for which a campaign badge is authorized]{.underline}.
Section l01(11) of title 38, United States Code, identifies the Persian
Gulf War, beginning August 2, 1990, as a period of war (no ending date
has been set). For purposes of VRA eligibility, reserve and guard
members performing active duty during the Persian Gulf War are qualified
whether or not they served in the Desert Shield/Storm theater of
operations and received the Southwest Asia Service Medal. Please note
the title 38 definition of wartime does not affect title 5 provisions;
that is, to quality for veterans' preference, a reserve and guard member
called up for Operation Desert Shield/Storm would need to be a disabled
veteran or receive the Southwest Asia Service Medal.

**8B‑1**

**M28‑1, Part IV April 16,1992**

c\. [They were separated from this period of active service with other
than a dishonorable discharge]{.underline}.

[Correction of Standard Form 171]{.underline}

4\. Under 5 U.S.C. 2108(4), persons who retire from the armed forces at
or above the rank of major or the equivalent are not entitled to
preference in appointment unless they are disabled veterans. The
veterans' preference instructions on the tear‑off sheet to Standard Form
171, revised June 1988, incorrectly indicate that reserve retirees also
are excepted from loss of preference. This reference will be deleted
when the form is reprinted.

[Proof of Southwest Asia Service Medal (SWASM) Award]{.underline}

5\. DoD instructions providing the eligibility requirements for the
SWASM award were not available to military departments until after many
reserve and guard personnel had been separated from active duty shortly
after the end of Operation Desert Storm hostilities. Accordingly, the
certificates of release or discharge from active duty (Form DD 214) for
those personnel do not reflect the SWASM award even though they served
in the theater of operations and are entitled to the medal.

The Department of the Army has established a demobilization task force
at ARPERCEN, DARP‑PAX‑SI, Federal Records Center, 9700 Page Blvd., St.
Louis, MO 63132‑5200, telephone 314‑538‑2486, to review and update
reservists' records to show the award. Reservists needing award
documentation may be advised to contact the task force for further
information. Responsibility for amending guard records has been given to
the guard agency in each State, which is under the supervision of the
State adjutant general.

Considering these circumstances, agencies should accept any official
SWASM award notification from a military department, State guard agency,
or other appropriate military authority, even though it is not a DD 214.

[VRA Flyer]{.underline}

6\. We have updated CE‑100, the VRA flyer (copy attached)\*, to reflect
changes in the VRA law and revisions to the list of local OPM veterans
representatives. Agencies should duplicate the flyer locally, as needed,
to respond to applicant inquiries. Previous editions are no longer
valid; they should be destroyed.

[180‑Day Waiting Period Suspended]{.underline}

7\. The 180‑day waiting period on Department of Defense (DoD) civilian
employment of retired members of the armed forces, required by
5 U.S.C. 3326, has been suspended until November 5, 1992, by Public Law
101‑510, section 1206(f). DoD has notified the service departments and
Defense agencies.

[Veterans Employment Data]{.underline}

8\. To meet expanded reporting requirements, agencies have been asked to
collect and submit new veterans data for the Central Personnel Data File
For further information, please see FPM Letter 298‑39 dated August 7,
1991.

Constance Berry Newman

Director

*(\***NOTE:** To obtain this flyer, VR&C Divisions should contact their
OPM area office.)*

**8B‑2**