C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 315—CAREER AND CAREER-CONDITIONAL EMPLOYMENT › Subpart F—Career or Career-Conditional Appointment Under Special Authorities

5 C.F.R. § 315.611

Appointment of certain veterans who have competed under agency merit promotion announcements

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(a) Agency authority. An agency may appoint a preference eligible or a veteran who has substantially completed at least 3 years of continuous active military service provided

(1) The veteran was selected from among the best qualified following competition under a merit promotion announcement open to candidates outside the agency's workforce; and

(2) The veteran's most recent separation from the military was under honorable conditions.

(b) Definitions. “Agency” in this context means an executive agency as defined in 5 U.S.C. 105. The agency determines in individual cases whether a candidate was released “shortly before” completing the required 3 years and should therefore be eligible for appointment.

[65 FR 14432, Mar. 17, 2000]
Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 2014–2023 · leading case: Vassallo v. Dep't of Def., 797 F.3d 1327 (Fed. Cir. 2015).
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Vassallo v. Dep't of Def., 797 F.3d 1327 (Fed. Cir. 2015). · cites it 4× “” 5 C.F.R. § 315.611 (b). The statutory, provision cited by the regulations defines “executive agency” as “an Executive department, a Government corporation, and an independent establishment.”
Nat'l Fed'n of Fed. Employees, Local 1442 v. Dep't of the Army, 810 F.3d 1272 (Fed. Cir. 2015). · cites it 2× “We resolved the issue by deferring to the Office of Personnel Management’s definition of “agency” in 5 C.F.R. § 315.611 (b) for purposes of § 3304(f)(1).”
Ross Vassallo v. Dep't of Def., 2015 MSPB 8 (MSPB 2015). · cites it 4× “§ 105 , and this definition must be applied in this case; and (5) even if the term “agency” in subsection 3304(f) is ambiguous, the Board must defer to OPM’s regulation at 5 C.F.R. § 315.611 , which specifies that the definition in 5 U.”
Philip M. Modeste v. Dep't of Vets. Affairs, 2014 MSPB 44 (MSPB 2014). “§ 3302 (f)(2) and 5 C.F.R. § 315.611 ). ¶11 Second, even if we were to read OPM’s website as suggesting that an appellant has only a statutory right to compete for a permanent, competitive service position, which we do not, we would find that this guidance would not be entitled…”
Philip M. Modeste v. Dep't of Vets. Affairs, 2014 MSPB 44 (MSPB 2014). “§ 3302 (f)(2) and 5 C.F.R. § 315.611 ). ¶11 Second, even if we were to read OPM’s website as suggesting that an appellant has only a statutory right to compete for a permanent, competitive service position, which we do not, we would find that this guidance would not be entitled…”
Trimble v. Dhs (Fed. Cir. 2023). “§ 4214 and 5 C.F.R. § 315.611 . Appx. 22. Ms. Trimble does not appeal those rulings.”
Trimble v. Dhs (Fed. Cir. 2023). “§ 4214 and 5 C.F.R. § 315.611 . Appx. 22. Ms. Trimble does not appeal those rulings.”
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