Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
On an SF50, which veterans can check yes on box #26 (Veterans Preference)?
Box #26 on a SF-50 may only be checked off as “yes” generally if a civilian employee is both retired from the military (your question states that you are not) and satisfies at least one of the three following conditions:
- The retirement was caused by an injury or disease endured directly from armed conflict or war;
- The employee has less than 20 years of full-time active duty service, excluding periods of active duty for training; or
- The employee has been continuously employed in one of the following since November 30, 1964 and without a break in service of more than 30 days: the executive branch of the federal government; in the competitive service position in another branch of the federal government; or in another position designated with RIFs coverage.
Those who retired at the rank of major or above (or equivalent) may only be considered a preference eligible with special RIF rights (and Box #26 can be checked of as “yes”) if they are a disabled veteran and either: (1) meet one of the three conditions above; or (2) are at least 60 years old and are eligible for certain retirement pay.
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I served in the US Navy on board the USS Iowa from 1983 – 1987, 88-89 (reserve).
In 1987, I left the Navy with an Honorable discharge after completing 4 years of initial service in the Navy.
I know I can’t check Veterans’ Preference for disability, since I have not shown any qualifications for disability, but
Can I check block 26 on the SF-50?