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Veterans Chalk Up Wins at MSPB and Court - Part One

Incomplete application

HR
formerly VA
Tue Oct 20, 2009 8:42 AM

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The alternative form of an application requires the applicant to lists his experience including the number of hours her week that he worked in that position. I would have processed his application as incomplete since he did not list his qualifications in his application form, as required.

Situation Normal All Fouled Up

Worker Bee
Treasury
Tue Oct 20, 2009 9:03 AM

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Once again the Federal Government shows that they have little use for Veterans once the shooting stops. This used to be the land of the free and the home of the brave, now we appear to be the land of lip service.

How do we stop this from happenning here

Computer Systems Analyst
Naval Sea Logistics mechanicsburg
Tue Oct 20, 2009 10:02 AM

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This is going on in our Naval Command. Veterans and especially disabled veterans are hired last and once hired are delegated to the technical fields and have almost no opportunity for advancement. Various technicalities are given for not hiring or promoting the veteran such as not supplying the proof of experience especially when there is no place on the form to supply the information. WE KEEP TALKING ABOUT FIXING THE PROBLEM BUT NOTHING EVER CHANGES. THE NON VETERANS ARE ALWAYS FULLY QUALIFIED EVEN IF THEY ARE NOT AND THE VETERAN IS REWARDED FOR HIS SERVICE TO THIS COUNTRY BY BEING PASSED OVER FOR EMPLOYMENT.

Qualification Determinations

HR Curriculum Manager
The Graduate School
Tue Oct 20, 2009 10:07 AM

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It's disheartening to hear that an agency has given such short shrift to an application from a veteran (and then defended its actions).

Any HR Specialist worth his/her salt ought to know that 5 CFR 337.101 requires an agency to credit a veteran's time spent in the military . . . on the basis of actual duties performed in the military service." Good practice also requires that an agency review an applicant's entire package when determining qualifications.

There's no doubt that many agenices seek ways to screen out, rather than screen in, applicants, because of the sometimes overwhelming press of business, but that doesn't excuse such behavior.

I had an experience similiar to this person

Performance Management Specialist
95 CONS/PKM, Edwards AFB, CA 93524
Tue Oct 20, 2009 10:10 AM

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After I retired from the Military in 1991, I applied for my old job that had been converted to a Civilian Position at the GS-11 grade. I applied for my old position after the announcement was sent out by our Civlilian Perosnnel office. I had worked as the Chief of Administration for mor than four (4) years in that same position and had received several outstanding evaluation during at least two or three Inspection by our Head Quarters and had received outstanding performance report for my knowledge and my workmanship in preparing for these evaluations. I did not try to fight the HR rejections of my applicaiton as they stated that I was not qualified for that position. I did not know that I could appeal that decision at the time. Now I wished that I did and then maybe I owuld have won that position as well sicne I had managed that same section for the past four (4) years prior to my retirnment.

Re: I had an experience similiar to this person

Employee
SSA
Wed Oct 21, 2009 7:13 PM
The problem is the dummies that's doing the ratings. I bet half of them barely past high school

Re: I had an experience similiar to this person

ANALYST
OPM
Thu Oct 22, 2009 10:00 AM
If what SSA Employee is saying is true, you'd expect there to be many more eligible and inflated ratings. An underqualified "rater" would be more likely to buy whatever is written by applicants. Also, Perf Mgmt Spec needs to work on his or her spelling. Improving that can only help on future applications and resumes.

amazing but true

employee
USACE
Tue Oct 20, 2009 12:05 PM

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One would think that when the DoD asked for hiring flexibilities, that a candidate is ineligible because he didin't fill in the blank on the form. Flexibility to manage means nothing unless the Agency is wiling to be flexible. That won't happen unless someone has already been picked for the position. Maybe Mr. Kirkland wasn't well liked or didn't play golf with his peers. The Army, no less, does a huge disservice to its veterans. They should be ashamed.

And the rest of the story

Retired reservist and civil servant
Department of the Navy
Tue Oct 20, 2009 3:40 PM

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I hope you will do a follow-up on this case.
So what is Mr. Kirkendall's bottom line to all of this?
Did he get a position (look out fror retaliation)?
Who paid the legal bills?
Why are there no sanctions for destruction of documents?
Why aren't the supervisors sanctioned for not performing
properly and for such abuse to the veteran? This is a situation that should never have gotten beyond the first line supervisor let alone agency lawyers and the MSPB. This was willful violation of the law with no individual responsibility and accountibility. Who was the board protecting?

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