The introduction to the VetGuide states:
"The Office of Personnel Management (OPM) administers entitlement to
veterans' preference in employment under title 5, United States Code,
and oversees other statutory employment requirements in titles 5 and
38. (Title 38 also governs veterans' entitlement to benefits
administered by the Department of Veterans Affairs (VA).)
Both title 5 and title 38 use many of the same terms, but in different
ways. For example, service during a 'war' is used to determine
entitlement to veterans' preference and service credit under title 5.
OPM has always interpreted this to mean a war declared by Congress.
But title 38 defines 'period of war' to include many non-declared
wars, including Korea, Vietnam, and the Persian Gulf. Such conflicts
entitle a veteran to VA benefits under title 38, but not necessarily
to preference or service credit under title 5. Thus it is critically
important to use the correct definitions in determining eligibility
for specific rights and benefits in employment."
"VetGuide: Introduction"
U.S. Office of Personnel Management
http://www.opm.gov/veterans/html/vetguide.htm#1
Appendix A to the VetGuide then says that:
"In the absence of statutory definition for "war" and "campaign or
expedition," OPM considers to be "wars" only those armed conflicts for
which a declaration of war was issued by Congress. The title 38,
U.S.C., definition of "period of war," which is used in determining
benefits administered by the Department of Veterans Affairs, includes
the Vietnam Era and other armed conflicts. That title 38 definition
is NOT applicable for civil service purposes.
Thus the last 'war' for which active duty is qualifying for veterans'
preference is World War II. The inclusive dates for World War II
service are December 7, 1941, through April 28, 1952."
"VetGuide: Appendix A: Wars, Campaigns and Expeditions of the Armed
Forces Since WW II Which Qualify for Veterans' Preference"
U.S. Office of Personnel Management
http://www.opm.gov/veterans/html/vgmedal2.htm
Based on that, I can see why you have the impression that there is a
big difference in the veterans' preference and service credit between
veterans of World War II and veterans of subsequent undeclared wars.
And indeed, there is some difference, but not as great as it first
appears.
Appendix A also contains a chart for "Campaigns and Expeditions Which
Qualify For Veterans' Preference", which includes many conflicts after
World War II.
So while World War II is the last "war" to qualify for veterans'
preference, conflicts that are not "wars" declared by Congress but
rather "campaigns" or "expeditions" may also qualify.
The difference is that, while all veterans who served during World War
II qualify for the veterans' preference, not all veterans of those
later conflicts do:
"Five points are added to the passing examination score or rating of a
veteran who served:
During a war;
or
During the period April 28, 1952 through July 1, 1955;
or
For more than 180 consecutive days, other than for training, any part
of which occurred after January 31, 1955, and before October 15, 1976;
or
In a campaign or expedition for which a campaign medal has been
authorized. Any Armed Forces Expeditionary medal or campaign badge,
including El Salvador, Lebanon, Grenada, Panama, Southwest Asia,
Somalia, and Haiti qualifies for preference. ...
A campaign medal holder who originally enlisted after September 7,
1980, (or began active duty on or after October 14, 1982, and has not
previously completed 24 months of continuous active duty) must have
served continuously for 24 months or the full period called or ordered
to active duty. The 24-month service requirement does not apply to
10-point preference eligibles separated for disability incurred or
aggravated in the line of duty, or to veterans separated for hardship
or other reasons under 10 U.S.C. 1171 or 1173."
"VetGuide: Veterans' Preference in Appointments: Types of Preference"
U.S. Office of Personnel Management
http://www.opm.gov/veterans/html/vetguide.htm#2Types
So, there are no restrictions put on the preference for veterans who
served in a war, which in the case of WWII is defined as December 7,
1941, to April 28, 1952, or for the period immediately thereafter
until July 1, 1955. But for many veterans from 1955 to 1976, a
preference is given only to those who served more than 180 consecutive
days. And for some veterans who enlisted after 1980 and began active
duty after 1982, except for those separated for disability or other
hardship, the preference is given only to those who served
continuously for 24 months or the full period of active duty.
As for service credits, there appears to be almost no difference
between World War II veterans and most other veterans. The VetGuide
sets forth these rules on leave accrual:
"For leave accrual, retirees receive credit only for:
actual service during a war declared by Congress (includes World War
II covering the period December 7, 1941, to April 28, 1952) or while
participating in a campaign or expedition for which a campaign badge
is authorized;
or
all active duty when retirement was based on a disability received as
a direct result of armed conflict or caused by an instrumentality of
war and incurred in the line of duty during a period of war as defined
in 38 U.S.C. 101(11). "Period of war" includes World War II, the
Korean conflict, Vietnam era, the Persian Gulf War, or the period
beginning on the date of any future declaration of war by the Congress
and ending on the date prescribed by Presidential proclamation or
concurrent resolution of the Congress."
"VetGuide: Service Credit: Service Credit for Leave Rate Accrual and
Retirement"
U.S. Office of Personnel Management
http://www.opm.gov/employ/html/vetguide.htm#Service Credit for Leave
Rate Accrual and
So actual service during any of the campaigns and expeditions listed
in the chart in Appendix A is treated the same as active service
during World War II, while disability during armed conflict while on
active duty during the two largest of those campaigns and expeditions
-- the Vietnam War and the Persian Gulf War -- is treated the same as
if it happened in World War II. The difference is only for those on
active duty, but not actual service, who were disabled as a result of
other armed conflicts. Presumably, only a relatively small number of
veterans miss out on service credit for this reason.
These rules are very technical and hard to follow, but basically, I
can sum my understanding in this manner (and please note, I'm doing
this as a researcher, not an expert on law or the military): (1) World
War II veterans are in the best situation with respect to veterans'
preference, though many other veterans are in the same position; (2)
World War II veterans are in the same position as most other veterans
with respect to service credit.
(Incidentally, I have checked other pages on the OPM web site that
mention the subject of wars declared by Congress. I have not found
anything that conflicts with the VetGuide on the veterans' preference
or service credit.)
Please let me know if you need any clarification.
- justaskscott-ga
Search terms used on Google:
"declared by congress" site:www.opm.gov
declaration war site:www.opm.gov |
