5 U.S.C. § 3309

Preference eligibles; examinations; additional points for

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A preference eligible who receives a passing grade in an examination for entrance into the competitive service is entitled to additional points above his earned rating, as follows—(1) a preference eligible under section 2108(3)(C)–(G) of this title—10 points; and(2) a preference eligible under section 2108(3)(A)–(B) of this title—5 points.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 419; Pub. L. 90–83, § 1(8), Sept. 11, 1967, 81 Stat. 197; Pub. L. 105–85, div. A, title XI, § 1102(b), Nov. 18, 1997, 111 Stat. 1922.)

Historical and Revision Notes
Derivation	U.S. Code	Revised Statutes and Statutes at Large
	5 U.S.C. 852 (1st sentence).	June 27, 1944, ch. 287, § 3 (less proviso), 58 Stat. 388.
		Jan. 19, 1948, ch. 1, § 2, 62 Stat. 3.
		Dec. 27, 1950, ch. 1151, § 2(a), 64 Stat. 1117.
		July 14, 1952, ch. 728, § 2, 66 Stat. 627.
		Aug. 14, 1953, ch. 485, § 1(a) “Sec. 3 (1st sentence)”, 67 Stat. 581.

The word “competitive” is added before “service” for clarity. Application of this section to the excepted service in the executive branch and to the government of the District of Columbia, as provided in former section 858, is carried into section 3320.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial NotesAmendments

1997—Par. (2). Pub. L. 105–85 substituted “section 2108(3)(A)–(B)” for “section 2108(3)(A)”.

1967—Cl. (1). Pub. L. 90–83 substituted “section 2108(3)(C)–(G)” for “section 2108(3)(B)–(F).” See Historical and Revision Notes under section 3305 of this title.

Notes of Decisions

Cited in 43 cases (14 in the last 5 years), 1973–2024 · leading case: Guy C. Patterson v. Dep't of the Interior, 424 F.3d 1151 (Fed. Cir. 2005).

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Guy C. Patterson v. Dep't of the Interior, 424 F.3d 1151 (Fed. Cir. 2005). · cites it 13× “Patterson alleged that the agency violated his veterans’ preference rights by, inter alia, not adding “additional points above his earned rating,” as required by 5 U.S.C. § 3309 . For its part, the agency argued that attorney positions are excepted from the rating and ranking…”

Barry J. Abell v. Dep't of the Navy, 343 F.3d 1378 (Fed. Cir. 2003). · cites it 4× “Abell is a preference eligible veteran entitled to preference eligible points under 5 U.S.C. § 3309 . 1 Preference eligible veterans include veterans of service in the armed forces, or relatives thereof, who satisfy the requirements of 5 U.”

Gary Davis v. Dep't of Def., 2022 MSPB 20 (MSPB 2022). · cites it 3× “¶6 Below, the appellant asserted that the agency violated 5 U.S.C. § 3309 by failing to add the required points for preference-eligible candidates, violated 5 U.”

Kirkendall v. Dep't of the Army, 573 F.3d 1318 (Fed. Cir. 2009). “Kirkendall alleges violation of 5 U.S.C. §§ 3309 , 3311(2), and 3313. We need address only his § 3311(2) contention.”

Augustine v. Dep't of Vets. Affairs, 429 F.3d 1334 (Fed. Cir. 2005). “The Board held that the Department of Veterans’ Affairs (“VA”) violated Augustine’s right to a veterans’ preference under the Veterans’ Preference Act, 5 U.S.C. § 3309 , by not selecting her for a competitive civil service position.”

Luevano v. Campbell, 93 F.R.D. 68 (D.D.C. 1981). “In accordance with 5 U.S.C. § 3309 , individuals who are eligible for Veteran’s Preference have additional points added to their ratings if they attain the minimal rating of 70 on the written test, or achieve the rating of 70 on the basis of qualification as an outstanding…”

Roman-Martinez v. Runyon, 100 F.3d 213 (1st Cir. 1996). “In 1987, he went to work for the Postal Service under the disabled veterans’ preference provisions, see 5 U.S.C. §§ 3309 , 3313(2)(A) (1996). Initially employed as a labor custodian — a job which Roman-Martinez alleges was unsuitable because he was unfit to do heavy lifting and…”

Dalelyn Lapuh v. Merit Sys. Prot. Bd., 284 F.3d 1277 (Fed. Cir. 2002). “See 5 U.S.C. § 3309 (2000). Preference eligible persons are veterans of service in the armed forces or relatives thereof who meet statutory definitions set forth in 5 U.”

Dean v. Dep't of Labor, 808 F.3d 497 (Fed. Cir. 2015). “” A preference-eligible veteran alleged that his veterans’ preference rights under § 3309 were violated by not adding additional points to his rating.”

Dow v. Gen. Servs. Admin., 590 F.3d 1338 (Fed. Cir. 2010). “See 5 U.S.C. § 3309 ; 5 C.F.R. § 332.401 . Because of his preference eligible status and his rating on the civil service examination, Dow was the highest ranked candidate on the list of those eligible for appointment under the second vacancy announcement.”

Dean v. Consum. Prod. Saf. Comm'n, 548 F.3d 1370 (Fed. Cir. 2008). “5 U.S.C. § 3309 ; 5 C.F.R. § 337.101 (b).”

Spence v. Foxx, 159 F. Supp. 3d 483 (D.N.J. 2014). “4 to Dowdy Deck) Eligibility to claim a veteran’s preference is contained in 5 U.S.C. § 3309 and § 2108. Under § 2108(3)(E), the spouse of a disabled veteran is “preference eligible” if the disabled veteran “has been unable to qualify for any appointment in the civil service or…”

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