For example, 5 U.S.C. 0-point preference - Sole Survivorship Preference (SSP) Select this option if you’re the only surviving child in a family where your mother or father or sibling(s) died, is captured or missing in action or is 100 percent disabled, while on active duty and NOT by intentional misconduct or willful neglect. Section 10(c) of the Act defines a “sole survivorship discharge” as the separation of a member from the armed forces, at the request of the member, pursuant to Department of Defense policy permitting the early separation of a member who is the only surviving child in a family in which the father or mother or one or more siblings (1) served in the armed forces; (2) was killed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently 100 percent disabled or hospitalized on a continuing basis (and is not employed gainfully because of the disability or hospitalization); and (3) death, status, or disability did not result from the intentional misconduct or willful neglect of the parent or sibling and was not incurred during a period of unauthorized absence. (c) Sole survivor veteran means a person who was discharged or released from a period of active duty after August 29, 2008, by reason of a sole survivorship discharge (as that term is defined in 10 U.S.C. Veterans' preference for Federal employment is not adjudicated and awarded by the appointing officer. 3313, “[t]he names of preference eligibles shall be entered ahead of others having the same rating.” By operation of 5 U.S.C. documents in the last year, 1447 (4) Under alternative raking and selection procedures, i.e., category rating, preference eligibles are listed ahead of individuals who are not preference eligibles in accordance with 5 U.S.C. Also exempted are those whose parent or sibling is in a captured or missing status as a result of service in the Armed Forces during any period of time. On August 29, 2008, the Hubbard Act (the “Act”) was enacted as Public Law 110-317. OPM is adding a new paragraph (c) to section 211.102 of title 5, Code of Federal Regulations (CFR), to define a “sole survivor veteran” in accordance with this interpretation. 201000716, p. 1). Get instant definitions for any word that hits you anywhere on the web! Be sure to leave feedback using the 'Feedback' button on the bottom right of each page! Their sixth son, Elton, who had not yet reached conscription age was exempted from military service. 2108(1)(D) requires 180 consecutive days of qualifying service, followed by a discharge or release under honorable conditions, for the individual to be a “preference eligible” under this part. 11/10/2020, 193 Da Capo Press. It was later discovered that the eldest brother, Technical Sergeant Edward Niland, of the U.S. Army Air Forces, had been held in a prisoner of war camp in Burma. The Sole Survivor Policy or DoD Directive 1315.15 "Special Separation Policies for Survivorship" describes a set of regulations in the Military of the United States that are designed to protect members of a family from the draft or from combat duty if they have already lost family members in military service. If the Marine's father or mother is permanently 100% physically disabled (to include 100% percent mental disability), as determined by the Department of Veteran's Affairs or one of the military services and is hospitalized on a continuing basis and not gainfully employed because of the disability, he or she also qualifies for the exemption. (c) Sole survivor veteran means a person who was discharged or released from a period of active duty after August 29, 2008, by reason of a sole survivorship discharge (as that term is defined in 10 U.S.C. 3319. OPM is adding a new paragraph (d)(3) in section 211.102 to state this requirement. on Finally OPM is internally renumbering section 211.102. For the purposes of preference in Federal employment, the following definitions apply: (a) Veteran means a person who has been discharged or released from active duty in the armed forces under honorable conditions, or who has a certification as defined in paragraph (h) of this section, if the active duty service was performed: (2) In a campaign or expedition for which a campaign badge has been authorized; (3) During the period beginning April 28, 1952, and ending July 1, 1955; (4) For more than 180 consecutive days, other than for training, any part of which occurred during the period beginning February 1, 1955, and ending October 14, 1976; (5) During the period beginning August 2, 1990, and ending January 2, 1992; or. OPM expresses no opinion on the circumstances under which a sole survivorship discharge or release could ever be under other than honorable conditions and therefore disqualifying for veterans' preference eligibility. 3320, under which the veterans' preference requirements of 5 U.S.C. 3309. [1], A recent case occurred in 2011. daily Federal Register on will remain an unofficial This repetition of headings to form internal navigation links documents in the last year, 37 Moreover, OPM notes its June 15, 2012 memo to agencies, titled “VOW (Veterans Opportunity to Work) to Hire Heroes Act of 2011,” stated that 5 U.S.C. Section 2108a ensures that an individual does not lose the opportunity to be considered for Federal jobs (and awarded their veterans' preference entitlements) despite not having a DD Form 214 to submit along with a résumé. Learn more about Sole Survivorship. Under 5 U.S.C. (6) Veterans' preference does not apply, however, to inservice placement actions such as promotions. This is because the VOW Act, in 5 U.S.C. 2108(1) if his or her qualifying periods of military service had not been interrupted by the sole survivorship discharge or release. Both the Borgstrom and Butehorn incidents occurred before the Sole Survivor Policy was put into effect in 1948.