D.C. Mun. Regs. tit. 6, r. 6-C214

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 6-C214 - VETERANS-T PREFERENCE

214.1

A veteran who claims and qualifies for a veterans' preference and meets the qualifications of the position shall be awarded either a five (5)-point or ten (10)-point hiring preference. Points awarded shall vary based on the type of veterans' preference claimed.

214.2

A veteran is eligible to claim a five (5)-point preference when he or she has:

(a) Served in the armed forces of the United States in the Army, Navy, Air Force, Marine, or Coast Guard Service;

(b) Served for more than 180 consecutive days during a time of war, inclusive of contingency operations as defined under 10 U.S.C. § 101(a)(13);

(c) Been separated from the armed forces through an honorable or general discharge; and

(d) Separated from the armed forces no more than five (5) years prior to the request for veterans' preference.

214.3

A person who was separated with other than an honorable or general discharge may be entitled to the preference if they can show, to OAG's satisfaction of , that the discharge was the result of discrimination. A veteran asserting his or her discharge was because of discrimination shall submit a claim and supporting evidence to OAG. OAG's decision shall be final.

214.4

Any employee of the District who was entitled to veterans' preference under federal law on January 1, 1979, and who has served in the federal government continuously since that date without a break in service of three (3) days or more, shall be entitled to the same preference for the duration of their service with the District.

214.5

An eligible veteran who has a service-connected disability or is receiving compensation, disability retirement benefits, or a pension because of a public law administered by the U.S. Department of Veterans Affairs or a military department, may claim five (5) more points in addition to the points he or she receives pursuant to § 214.2(a)-(c) for a total of ten (10) points, subject to the five (5) year limit established at § 214.2(d). However, the five (5) year limit shall not apply to veterans who are classified by the U.S. Department of Veterans Affairs as suffering a medical impairment of 30 percent or more.

214.6

The spouse or domestic partner of a disabled veteran may claim a ten (10)-point hiring preference when the veteran is not fit to hold an OAG position within the veteran's primary occupation because of a service-connected disability but would otherwise be eligible for veterans' preference.

214.7

A spouse or former domestic partner of a service member who dies while on active duty may be eligible to claim a ten (10)-point hiring preference. To be eligible, the applicant must not have remarried or entered into a new domestic partnership following the death of the service member. In addition, to be eligible, the former service member's death must have occurred under circumstances that would not have been cause for separation with other than an honorable or general discharge.

214.8

There is no time limit for an eligible spouse or domestic partner to claim a veterans' preference.

214.9

Retirees of the armed forces shall not be eligible to receive the preference.

214.10

Veterans shall be required to furnish one or more of the following documents upon request to receive veterans' preference points:

(a) A copy of the Department of Defense Form 214 (DD 214), Certificate of Release or Discharge from Active Duty;

(b) Certificates indicating Honorable Discharge or General Discharge under honorable conditions or documentation provided to establish eligibility pursuant to § 214.3;

(c) Certificate of transfer to Fleet Naval or Marine Corps Reserve;

(d) Certificate of transfer to Enlisted Reserve Corps;

(e) Report of separation from Service Department, provided honorable separation is shown;

(f) Certificate of Satisfactory Service of release from active duty;

(g) Official statement from Service Department that honorable separation was effectuated; or

(h) Certification from the U.S. Department of Veterans Affairs indicating that the veteran has a service-connected disability.

D.C. Mun. Regs. tit. 6, r. 6-C214

Final Rulemaking published at 69 DCR 4169 (4/29/2022)