5 C.F.R. § 307.105

Appeal rights

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Individuals serving under VRAs have the same appeal rights as excepted service employees under parts 432 and 752 of this chapter. In addition, any individual serving under a VRA, whose employment under the appointment is terminated within 1 year after the date of such appointment, has the same right to appeal that termination as a career or career-conditional employee has during the first year of employment.

[90 FR 26729, June 24, 2025]
Notes of Decisions
Cited in 26 cases (6 in the last 5 years), 1981–2026 · leading case: Ronald J. Roche v. United States Postal Serv., 828 F.2d 1555 (Fed. Cir. 1987).
Ronald J. Roche v. United States Postal Serv., 828 F.2d 1555 (Fed. Cir. 1987). “III 1985); 5 C.F.R. § 307.105 (b). 5 . 5 C.F.R. § 353.”
Sipes v. United States, 744 F.2d 1418 (10th Cir. 1984). · cites it 4× “See also 5 C.F.R. § 307.105 . An appointee who has completed one year of service only may be discharged pursuant to the procedures outlined in Part 432 of 5 C.”
Fahy v. United States, 14 Cl. Ct. 470 (Ct. Cl. 1988). · cites it 3× “5 C.F.R. § 307.105 (1982). 2 See Renard v.”
Renard v. New Cumberland Army Depot, United States Army, 533 F. Supp. 451 (M.D. Penn. 1982). “5 C.F.R. § 307.105 entitled “Conditions of Employment” states that an agency shall separate an employee who does not meet these conditions (satisfactory performance of assigned duties and participation in the required educational or training program), following the procedures in…”
Stephen B. LeMaster v. Dep't of Vets. Affairs, 2016 MSPB 25 (MSPB 2016). “For purposes of this appeal, whether the appellant received a VRA or VEOA appointment is immaterial because, as set forth in 5 C.F.R. § 307.105 , “any individual serving under a VRA, whose employment under the appointment is terminated within 1 year after the date of such…”
Stephen B. LeMaster v. Dep't of Vets. Affairs, 2016 MSPB 25 (MSPB 2016). “For purposes of this appeal, whether the appellant received a VRA or VEOA appointment is immaterial because, as set forth in 5 C.F.R. § 307.105 , “any individual serving under a VRA, whose employment under the appointment is terminated within 1 year after the date of such…”
John Henninger v. Dep't of Labor (MSPB 2016). · cites it 2× “chapter 75 or regulatory appeal rights as a VRA appointee as set forth at 5 C.F.R. §§ 307.105 , 315.806. IAF, Tab 2 at 2-4, Tab 11 at 2-3.”
Gary Brown v. Dep't of Vets. Affairs (MSPB 2023). · cites it 2× “5 C.F.R. § 307.105 . In addition, any individual serving under a VRA, whose employment is terminated within 1 year after the date of such appointment, has the same right to appeal that termination under 5 C.”
Wishart Smith v. Dep't of Vets. Affairs (MSPB 2022). · cites it 2× “§ 7511 ; 5 C.F.R. §§ 307.105 , 315.806. ¶8 Because the appellant is not an “employee” within the meaning of 5 U.”
Katherine Coppedge v. Dep't of Health & Human Servs. (MSPB 2024). · cites it 2× “On review, the appellant alleges for the first time that she was hired pursuant to Veterans Recruitment Appointment (VRA) authority and that the Board’s regulatory jurisdiction over competitive service terminations applies, pursuant to 5 C.F.R. §§ 307.105 , 315.806. Petition for…”
Lowell D. Shackelford v. Dep't of the Army (MSPB 2015). · cites it 3× “chapter 75 or regulatory appeal rights as a VRA appointee as set forth at 5 C.F.R. §§ 307.105 , 315.806. IAF, Tab 3.”
Fogal v. Merit Sys. Prot. Bd., 430 F. App'x 880 (Fed. Cir. 2011). · cites it 2× “See 5 C.F.R. §§ 307.105 , 315.805, 315.806. The administrative judge advised Mr.”
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