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Ruling expands veterans' access to federal jobs

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  • #76
    I contributed to the CBP Military Service deposit but CBP states that this time may not be used towards the 37 year age requirement.

    CONGRESSIONAL RECORD—SENATE SEC. 1.109 states the following.

    CREDITING EXPERIENCE IN
    APPOINTMENTS TO COVERED POSITIONS
    When considering applicants for covered positions in which experience is an element of qualification, employing offices shall provide preference eligibles with credit:
    (a) for time spent in the military service
    (1) as an extension of time spent in the position in which the applicant was employed immediately before his/her entrance into the military service, or
    (2) on the basis of actual duties performed in the military service, or
    (3) as a combination of both methods. Employing offices shall credit time spent in the military service according to the method that will be of most benefit to the preference eligible.
    (b) for all experience material to the position for which the applicant is being considered, including experience gained in religious, civic, welfare, service, and organizational activities, regardless of whether he/she received pay therefor.
    SEC. 1.110 WAIVER OF PHYSICAL REQUIREMENTS
    IN APPOINTMENTS TO COVERED POSITIONS
    (a) Subject to (c) below, if an employing office determines, on the basis of evidence before it, that an applicant for a covered position is preference eligible, the employing office shall waive in determining whether the preference eligible applicant is qualified for appointment to the position:
    (1) requirements as to age, height, and weight, unless the requirement is essential to the performance of the duties of the position;
    and
    (2) physical requirements if, in the opinion of the employing office, on the basis of evidence before it, including any recommendation of an accredited physician submitted by the preference eligible, the preference eligible is physically able to perform efficiently the duties of the position;
    (b) Subject to (c) below, if an employing office determines that, on the basis of evidence before it, an otherwise qualified applicant who is a preference eligible described in 5 U.S.C. § 2108(3)(c) who has a compensable service-connected disability of 30 percent or more is not able to fulfill the physical requirements of the covered position, the employing office shall notify the preference eligible of the reasons for the determination and of the right to respond and to submit additional information to the employing office, within 15 days of the date of the notification. Should the preference eligible make a timely response the employing office, at the highest level within the employing office, shall render a final determination of the physical ability of the preference eligible to perform the duties of the position, taking into account the response and any additional information provided by the preference eligible. When the employing office has completed its review of the proposed disqualification

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    • #77
      As long as the old guys meet the same exact physical standards as the young guys, I don't have a problem with it.

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      • #78
        rdytobustsum1--I think where CBP is coming from is, if I recall correctly, once you have used you vets preference for employment it can not be used again to move from one position to another, while still employed with the government. I could be incorrect though, good luck with your appeal.
        But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new guards for their future security.

        For the intelectually challenged: If the government screws the people enough, it is the right and responsibility of the people to revolt and form a new government.

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        • #79
          Originally posted by rdytobustsum1 View Post
          CBP stated that I am not considered a "veteran" as per the definition. I am a disabled veteran with a Service Connected Disability of 30% or more. I have been awarded numerous medals for different campaigns. CBP still argues that I am not a veteran with preference eligibility.
          You can call the VA and request a letter stating your disability rating of 30% or more to use as establishing civil service preference.

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