5 C.F.R. § 332.312

Applicants in military or overseas service

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Subject to the time limits and other conditions published by OPM in its operating manuals, the following persons are entitled to file applications for open competitive examinations after the closing date for receipt of applications when there is an existing register or a register about to be established:

(a) A person who could not file an application during the filing period, or appear for an assembled examination, because of military service, or hospitalization continuing for 1 year or less following discharge from military service;

(b) An employee of the Federal Government who, as a member of a reserve unit of the military service, could not file an application during the filing period, or appear for an assembled examination, because of active duty beyond 15 days with the military service even though the duty is designated for training purposes; and

(c) A United States citizen who could not file an application during the filing period, or appear for an assembled examination, because of overseas service with a Federal agency or with an international organization in which the United States Government participates.

[33 FR 12426, Sept. 4, 1968, as amended at 66 FR 66710, Dec. 27, 2001]
Notes of Decisions
Cited in 2 cases, 1987–2004 · leading case: Arthur A. Maule v. Merit Sys. Prot. Bd., 812 F.2d 1396 (Fed. Cir. 1987).
Arthur A. Maule v. Merit Sys. Prot. Bd., 812 F.2d 1396 (Fed. Cir. 1987). · cites it 4× “By OPM regulation, 5 C.F.R. § 332.312 , 1 which is amplified in the Federal Personnel Manual (FPM) Chapter 332, Subchapter 3-2e (1981), a reservist on extended active duty is entitled to be considered for an existing register or a register which is about to be established even…”
Millner v. Dep't of Vets. Affairs, 93 F. App'x 223 (Fed. Cir. 2004). “, 5 C.F.R. § 332.312 . Because Millner applied for a position advertised through a vacancy announcement, this passage and the associated statutes and regulations are inapplicable.”
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