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Let me try again:
OP's wife does qualify in exactly the program you says she doesn't. She is applying under that program. That program includes her. Her application is put in with her eligibility documentation for that program. The EO grants an exception to that program which includes her. |
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OP: please clarify, two points:
1) Did your wife include the marriage certificate in her application package? (I believe on page 4 of this thread you said she might not have included it.) 2) Is the date of your documentation specifying 100% disability more than 2 years prior to the date her application was submitted? (I asked you this earlier and don’t believe that you answered this specific question.) If your wife did include the marriage certificate and you are confident all other required supporting documentation was included, I suggest that your wife email a follow-up question to HR’s last response. I recommend keeping it short and simple, with the goal to figure out why she wasn’t identified as eligible for the military spouse preference. Maybe something like: Thank you for your explanation regarding why I was not referred. I am the spouse of a 100% disabled veteran, and it is unclear to me why my application was not identified for the military spouse preference. To my knowledge, I completed the application specifying the military spouse preference and also provided all supporting documentation for this preference. Will you please explain why I was not found eligible for the military spouse preference? Thank you very much. HR has all the information that the rest of us do not. It’s now a workday, so I think your best bet is to go back to the source with the direct knowledge. I think you need to get this aspect sorted out first. I wouldn’t muddle your wife’s follow-up with anything else. (Not saying you necessary would, but just want to be very clear here, as some of your responses in this thread have gone on tangents in response to other pistersz) |
This isn't about opinions. That isn't how the government operates. I haven't disagreed with anyone offering actual documents to back up what they are saying. If I do I have my own argument. Im not really looking for peoples opinions of what something MIGHT mean. Im looking for hard data. So thanks again for not contributing anything. |
In that case I wasn't responding to you, I was responding to the gentleman who declared himself a long time federal contractor who was angry that veterans got preference points when applying for federal jobs. |
So why cry about veterans getting preference for GS positions? So yeah, if you are making 5x the salary of a soldier doing the same job and are still crying that they get preference in GS jobs, you are a DOPE. |
Thank you, finally someone confirms I'm not speaking a foreign language about this. I really am only concerned with speaking to HR reps who are involved in reviewing candidates resumes who apply for federal jobs. So for those of you out there that don't meet that qualification, I thank you for your interest and contribution, but at this time you are not being considered for this position. |
Great questions and let me respond. My wife says she did not include our marriage certificate, but everything else is included that shows my disability and the fact that she is requesting that preference. In the actual OPM regulation (5 CFR § 315.612 - Noncompetitive appointment of certain military spouses) it states that you have to provide that documentation Prior to appointment. That leads me to believe it can be provided after the initial application. (e) Proof of eligibility. (1) Prior to appointment, the spouse of a member of the armed forces as defined in paragraph (b)(4)(i) of this section must submit to the employing agency: (i) A copy of the service member's active duty orders which authorize a permanent change of station. This authorization must include: (A) A statement authorizing the service member's spouse to accompany the member to the new permanent duty station; (B) The specific location to which the member of the armed forces is to be assigned, reassigned, or transferred pursuant to permanent change of station orders; and (C) The effective date of the permanent change of station; and (ii) Documentation verifying marriage to the member of the armed forces (i.e., a marriage license or other legal documentation verifying marriage). As for the 2 years, that only applies to military spouses in regards to their PCS orders. Here is the language used in the regulation (d) Conditions. (1) In accordance with the provisions of this section, spouses are eligible for noncompetitive appointment: (i) For a maximum of 2 years from the date of the service member's permanent change of station orders; (ii) From the date of documentation verifying the member of the armed forces is 100 percent disabled; or (iii) From the date of documentation verifying the member of the armed forces was killed while on active duty. Notice how the 2 years part isn't included in the (1) section, it is only associated with PCS orders. For spouses of disabled veterans its simply based on the date of their application and the date of the documentation verifying 100 percent disability. My last point, and I hope you are in HR so you can help me to get a calculated answer for this is, where does it say that military spouses with this preference block other applications? Lets just say they hold it against her that her marriage certificate wasn't in the application, so at that point our only argument becomes confirming the rule that says spouses with this preference block others. I couldn't find any references in the CFR about this, but OPMs website seems to answer it. I've also posted this before, maybe its when I was attempting to answer your question before. This is the link https://www.opm.gov/policy-data-oversight/hiring-information/veterans-authorities/#url=Appointment-of-Military-Spouses Do military spouses have a hiring preference under these provisions? View less No. Military spouses eligible under this authority do not have a hiring preference by virtue of their eligibility under these provisions. This appointing authority merely provides for non-competitive entry into the competitive service. It does not constitute, establish, or convey a hiring preference. Do eligible spouses have selection priority under these provisions? View less No. Eligible spouses do not have a selection priority over other qualified applicants under these provisions. This appointing authority allows for eligible individuals to be considered and selected for Federal jobs; however it does not convey selection priority to eligible spouses.\ This authority is an additional non-competitive hiring tool which agencies may use to select qualified, eligible individuals. Agencies are not required to use this hiring authority, nor does it take precedence over the use of other appointment mechanisms. If a military spouse, who is a preference eligible, is competing against an eligible spouse who is not a preference eligible, must agencies apply veterans' preference and pass-over procedures when making a selection under this authority? View less No. Because this authority is a non-competitive hiring mechanism and veterans' preference does not apply to positions advertised via merit promotion or internal placement. The agency can select any qualified eligible spouse. Veterans' preference is not a consideration when filling positions under this authority. |
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So your wife DID NOT provide any documentation of marriage? That could be it right there. You have to document most claims. Just stating them in the application, or assuming HR can (or is even allowed) to infer things is not a best practice
For example, I once applied to an OSD job that I was well qualified for but was not referred. I called the HR POC and was told I was not referred because I did not upload my college and gras school transcript. Now, HR could have inferred this. I was an active duty Army officer and a reserve officer now, positions that require an undergrad degrees. I also went to a master's granting DOD school. However HR needs to see the underlying documentation. A few other observations; 1) you are citing from a presidential EO. Those are not the final implementing instructions. You need to look up the DOD instruction to see how the spousal program actually gets implemented. Everyone can be in the same category. But there might be subcategories of preference within it. This happens. See the DOD policy on eligibility and preference for onbase child development centers. The larger policy sets 4 or 5 categories of preference. However the implementing instructions further divides category 1 into 4 separate buckets. So there is category 1a, 1b, 1c, 1d, etc. In practice, only category 1a and 1b get a CDC spot, even though they are all cat 1 preference 2). Your attitude in this thread has been extremely unprofessional. Actual HR feds have been trying to help. Yet your displayed attitude is a mix of aggressive, condescending, arrogant, and dismissive. This is not a recipe for success. |
Ok, this right here. First off, I cited from the EO one time. The rest of the time I have actually copied and pasted CFR. Now if you have some other source, as you say, a DOD instruction, then why don't you provide those. I've read policy on eligibility and I don't see anything that would block her referral. If you are aware of some DOD instruction as you call it that would provide further information, then provide it. Secondly, you haven't read the entire thread if you think I'm the one being unprofessional. Not that it matters. Your attitude is that of someone who doesn't know the answers I'm looking for, but still felt the need to provide your .02. So thanks for you .02. |
| OP, I'm guessing you don't see the irony in your response to the most recent PP?! |
Yeah, no. Sorry, I don't see the "irony" in it. Several people have responded to me here in very rude ways and I've responded in kind. Thats how it works. I've had maybe two people, which its hard to tell when everyone shows up as anonymous, who have actually attempted to help or have asked relevant questions. It was a huge mistake even posting here to be honest. I was expecting something else entirely. On a positive note it has motivated me even more to just keep digging on my own and not expect any real help from places like this. I've actually found out quite a bit. Like for instance the regulations for military spouse preference changed in April 2019. Still getting our information together to visit JAG, and still awaiting our FOIA request data. I actually found what the regulation states on that as well so I know exactly the kind of information we are entitled to. Thanks so much for all your help though, your response was a lot of help. |
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"You are tentatively eligible for this series/grade combination based on your self-rating of your qualifications." Then right under it it says "You have not been referred to the hiring manager for position"
Your 'self-rating' qualifies you, but their rating does not qualify you, hence, no referral. |
| Any updates OP? |
| What a dumb system. Whatever happened to hiring the most qualified? |
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