status candidates, which means "current competitive service employees."
Veterans' point preferences under the competitive appointment process do not apply in the merit promotion process. Perkins, 100 M.S.P.R. at 51. Congress has provided, however, that "for all merit promotion announcements . . . veterans . . . are eligible to apply."5 U.S.C. §§ 3304(f)(3)-(4). Veterans "may not be denied the opportunity to compete for vacant positions for which the agency making the announcement will accept applications from individuals outside its own workforce under merit promotion procedures."5 U.S.C. § 3304(f)(1). Congress further provided, however, that the latter provision does not "confer an entitlement to veterans' preference that is not otherwise required by law."5 U.S.C. § 3304(f)(3).
under the merit promotion process, the requirement to appoint a veteran who is at the top of the list did not apply.
Congress adopted a different approach in dealing with veterans and merit promotion. It guaranteed veterans only a right to apply and an opportunity to compete for such positions. It said nothing about the basis upon which the agency could make its selection.
provision entitles veterans to is "the opportunity to compete for vacant positions" to be filled "under merit promotion procedures."
an employee is not entitled to veterans' preference in the merit promotion process." Perkins, 100 M.S.P.R. at 51.
The [Commission] gave Mr. [Joseph] the opportunity to compete for the . . . vacant position[;] the VEOA did not require that the [Commission] give Mr. [Joseph] a position if he scored the most points. . . . In short, Mr. [Joseph] had the opportunity to compete and did compete; the [Commission's] decision . . . to fill the position [through the merit system rather than through the competitive process] did not violate Mr. [Joseph's] rights under the VEOA.
5 C.F.R. § 211.102(c), veterans' preference does not apply to merit promotion actions