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Reply to " You are tentatively eligible for this series/grade but not referred"
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[quote=Anonymous][quote=Anonymous]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: [i]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.[/i] 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) [/quote] 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. [/quote]
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