C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 335—PROMOTION AND INTERNAL PLACEMENT › Subpart A—General Provisions

5 C.F.R. § 335.106

Special selection procedures for certain veterans under merit promotion

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Preference eligibles or veterans who have been separated under honorable conditions from the armed forces after completing (as determined by the agency) 3 or more years of continuous active military service may compete for vacancies under merit promotion when an agency accepts applications from individuals outside its own workforce. Those veterans selected will be given career or career conditional appointments under § 315.611 of this chapter.

[65 FR 14432, Mar. 17, 2000]
Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 2003–2023 · 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). “” 5 C.F.R. § 335.106 (2012). The regulations define “agency” as “an executive agency as defined in 5 U.”
Ross Vassallo v. Dep't of Def., 2015 MSPB 8 (MSPB 2015). “OPM has prescribed such regulations in 5 C.F.R. §§ 335.106 and 315.611. Section 335.”
Donaldson v. Dep't of Homeland Sec., 528 F. App'x 986 (Fed. Cir. 2013). “§ 3304 (f)(1) 4 ; 5 C.F.R. § 335.106 . Thus, the error by the agency attorney regarding Mr.”
John Doyle v. Dep't of the Navy, No. DC-3330-14-0919-I-2 (MSPB Feb. 1, 2023). · cites it 2× “§ 3304 (f)(1) as set forth in 5 C.F.R. § 335.106 . PFR File, Tab 3 at 15-18.”
Lathram, Layne v. Snow, John, 336 F.3d 1085 (D.C. Cir. 2003). “The uncontradicted record evidence showed that Customs had a choice of how broadly to open the applicant pool for the Press Director position, and, in particular, that Assistant Commissioner Murphy was free to restrict the pool to those already inside the competitive service.”
John Paul Jones, III v. Dep't of Health & Human Servs. (MSPB 2016). “§ 3304 (f)(1); 5 C.F.R. § 335.106 ). To comply with veterans’ preference statutes and regulations, an agency must provide a veteran with a bona fide opportunity to compete.”
Cecil Avery v. Dep't of the Army, No. DC-3330-17-0206-I-1 (MSPB Feb. 27, 2023). “409 , ¶ 5 (2010); 5 C.F.R. § 335.106 . It is undisputed that the appellant exhausted his remedy with DOL and that the action at issue took place after December 10, 2004.”
Thomas v. Montgomery, III v. Dep't of Health & Human Servs., 2016 MSPB 8 (MSPB 2016). “671 , ¶¶ 10-15 (2006); see 5 C.F.R. § 335.106 . The agency cites Villamarzo v.”
Lathram, Layne v. Snow, John, 336 F.3d 1085 (D.C. Cir. 2003). “§§ 3304 (f), 3309(2); 5 C.F.R. § 335.106 ; see also Appellee’s Br.”
Price v. Dep't of Hous. & Urban Dev., 612 F. App'x 596 (Fed. Cir. 2015). “§ 3304 (f)(1); 5 C.F.R. § 335.106 (“Special selection procedures for certain veterans under merit promotion.”
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