Military Law, Military Law Advice, Ask a Lawyer - Air Force Times

Know your federal job-preference rights

Q. I am a reservist and a veteran of the Iraq war. I applied for a federal job as a police officer at the U.S. Mint. When I asked human resources about veterans preference, they told me it applies only to positions that require a written exam, such as the U.S. Park Police. True?

A. Not true. The Veterans’ Preference Act, the federal law that applies to your situation, gives most eligible veterans a five-point preference when applying for any federal jobs. Veterans with service-connected disabilities rated at 30 percent or more receive 10 points.

When the law was enacted in 1944, the most common way to obtain a federal job was to take a civil service exam. It was a simple matter to add five or 10 points to the applicant’s numerical exam score. But even though civil service exams are now rare, veterans still get preference.

Eligible veterans who claim that a federal agency has violated their preference rights can file a written complaint with the Labor Department’s Veterans Employment and Training Service.

You must file the complaint within 60 days after the date of the alleged violation. DOL-VETS will investigate; if it finds your complaint has merit, it will make reasonable efforts to ensure the agency complies with the law.

If DOL-VETS is unable to resolve the complaint, it must notify you in writing of the results of its investigation.

Unlike Uniformed Services Employment and Reemployment Rights Act cases, veterans preference cases are not referred anywhere else by DOL-VETS. If the U.S. Mint refuses to comply with the law in your case, you can initiate an enforcement action before the Merit Systems Protection Board to press your claim.

The above process applies only to federal government positions. Most states have their own veterans preference laws covering those employed by state and local governments.

Click here for more information on veterans preference.

Q. I am a Marine Corps captain. I attended a Memorial Day service in civilian clothes and rendered a hand salute when the flag was raised. A World War II veteran told me that it’s a federal crime to salute in civilian clothes. Is he right?

A. He used to be. Until last year, it was a violation of federal law to salute the flag in civilian clothes, though I seriously doubt anyone was ever arrested for it. The proper way for those not in uniform to honor the flag had been to put their right hands on their hearts.

That changed under the 2008 Defense Authorization Act, which specifically allows service members and veterans not in uniform to render a military salute during the hoisting, lowering or passing of the flag.

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Mathew B. Tully is an officer in the New York National Guard and a veteran of Operation Iraqi Freedom. He is also the founding partner of Tully Rinckey PLLC, a law firm with offices in Albany, N.Y., and Washington. E-mail him at askthelawyer@militarytimes.com. This column is provided for informational purposes only and is not intended as legal advice. Readers are encouraged to seek the advice of an attorney or other professional when an opinion is needed.