United States Federal Circuit

In this case, petitioner applied for two merit-promotion vacancies at his employing agency, the Department of the Interior, but his applications were rejected because he did not meet the time-in-grade requirements necessary to be considered for the positions. He now alleges that the agency violated the Veterans Employment Opportunity Act by not crediting his military and non-federal service when determining whether he met the time-in-grade requirements. The decision denying petitioner's claim is affirmed, where the provisions on which petitioner relies (5 U.S.C. sections 3304(f) and 3311) only apply to preference-eligible civil service, not to current federal employees seeking merit promotions.

Appellate Information

• Decided 02/20/2015
• Published 02/20/2015

Judges

• Hughes

Court

• United States Federal Circuit

Counsel