Veterans who have served our nation may be eligible for valuable hiring advantages when pursuing careers with the federal government. Veterans’ preference is a long-standing feature of the federal hiring system governed primarily by Title 5 of the U.S. Code and applies to many federal civilian hiring decisions. It is designed to recognize military service and assist eligible veterans in competing for federal civilian positions.

While veterans’ preference generally does not apply to private-sector employment, it can play a significant role in federal employment by providing qualifying applicants with advantages during the selection process.  While it can provide a meaningful advantage during the hiring process, applicants must still meet the qualifications and requirements of the position for which they are applying.

Understanding who qualifies, how preference is applied, and the limitations of these benefits can help veterans navigate the federal hiring process and maximize opportunities for federal employment.

 Who Is Eligible for Veterans’ Preference?

Veterans’ preference is available to certain former servicemembers seeking employment with the federal government, with the level of preference depending on the individual’s military service and other qualifying factors. In general, eligible veterans may receive either a five-point or ten-point preference when applying for federal civilian positions.

Five-Point Preference

Five-point preference is commonly available to veterans who meet specified active-duty service requirements and who were discharged or released under honorable conditions.

To receive five-point preference, applicants typically must establish their eligibility through appropriate military service documentation. The most commonly required document is the DD Form 214, Certificate of Release or Discharge from Active Duty, which provides information regarding the applicant’s service history and character of discharge. Federal agencies rely on these records to verify eligibility and properly apply veterans’ preference during the hiring process. Because hiring officials generally cannot award preference without supporting documentation, veterans should ensure that all required records are submitted as part of their application package.

 Ten-Point Preference

Certain veterans may qualify for a ten-point preference, which provides a greater hiring advantage in federal employment. This category most commonly includes veterans with service-connected disabilities, as well as certain Purple Heart recipients and other individuals who qualify under applicable federal statutes and regulations. In some circumstances, derivative preference rights may also be available to eligible spouses, widows, widowers, or mothers of qualifying veterans. As a result, applicants should carefully review eligibility requirements to determine whether they qualify for the enhanced preference.

Applicants seeking ten-point preference generally must provide additional documentation beyond a DD Form 214. Depending on the basis for eligibility, supporting materials may include a disability rating letter from the Department of Veterans Affairs, documentation confirming Purple Heart status, or other records establishing entitlement to preference. Failure to submit the required documentation may result in the preference not being applied, even where the applicant would otherwise qualify. For that reason, veterans should review vacancy announcements carefully and ensure that all requested materials are included with their federal job application.

 Preference Eligibility for Certain Family Members

In certain, limited circumstances, federal law extends preference eligibility to qualifying family members, including spouses, widows or widowers, and certain mothers of veterans. These derivative preference rights are intended to recognize the sacrifices made by military families and to provide assistance when a veteran is unable to use the preference personally because of a service-connected disability, death, or other qualifying circumstance.

Because these benefits are subject to statutory requirements and documentation standards, applicants seeking derivative preference should carefully review federal hiring announcements and be prepared to provide records establishing their eligibility.

Common Eligibility Misconceptions

Veterans’ preference eligibility is often misunderstood, particularly with respect to service requirements, discharge status, and Guard or Reserve service. One common misconception is that any period of military service automatically qualifies an individual for veterans’ preference. In reality, eligibility depends on specific statutory criteria, which may include the length and nature of service, the period during which the service occurred, and whether the applicant satisfies the requirements associated with a particular preference category. As a result, veterans with similar military backgrounds may not necessarily qualify for the same preference benefits.

Another frequent source of confusion involves the character of discharge. Generally, veterans seeking preference must have been discharged or released under honorable conditions. A discharge that does not meet applicable federal requirements may affect an individual’s eligibility for preference, regardless of the length of military service.

Questions also commonly arise regarding service in the National Guard and Reserve components. While Guard and Reserve members may qualify for veterans’ preference under certain circumstances, eligibility is not based solely on component membership and often depends on the nature of the individual’s service and whether it satisfies applicable statutory requirements. Because these rules can be complex, applicants should carefully review vacancy announcements and applicable eligibility criteria or consult with an attorney before claiming veterans’ preference in the federal employment process.

Understanding Veterans’ Preference in Federal Hiring

The U.S. Congress has recognized that military service often requires individuals to postpone or interrupt civilian career opportunities, and veterans’ preference helps offset those challenges by enhancing access to employment within the federal workforce.

Veterans’ preference reflects a broader public policy of recognizing and rewarding military service. Federal agencies benefit from hiring individuals who possess valuable experience acquired through service in the Armed Forces, including leadership, discipline, adaptability, and mission-focused decision-making. Through the veterans’ preference system, the federal government not only acknowledges the sacrifices made by servicemembers but also promotes the recruitment and retention of talented veterans within the federal workforce, helping agencies fulfill their missions while supporting those who have served the nation.

 How Veterans’ Preference Is Applied

Veterans’ preference is most commonly applied during the federal government’s competitive hiring process, in which applicants are evaluated and ranked based on their qualifications for a particular position. When filling competitive-service positions, agencies must take veterans’ preference rights into account when reviewing eligible candidates. Rather than guaranteeing selection, veterans’ preference provides qualifying applicants with an advantage during the hiring process, helping ensure that military service receives appropriate consideration alongside other qualifications.

Many agencies use a category rating system, which groups applicants into quality categories based on their knowledge, skills, experience, and other job-related criteria. Within these categories, preference-eligible veterans generally receive priority consideration over non-preference-eligible applicants. As a result, a veteran who qualifies for preference may be placed ahead of similarly qualified applicants during the selection process. Preference-eligible applicants therefore benefit from additional protections and consideration, but they must still satisfy the position’s qualification requirements and compete successfully with other candidates. Understanding how category rating and preference eligibility interact can help veterans better navigate the federal hiring process and set realistic expectations regarding the role of veterans’ preference in securing federal employment.

 Common Mistakes Federal Job Applicants Make

Even eligible veterans can encounter difficulties during the federal employment process if they misunderstand how veterans’ preference works or fail to provide the required documentation. Some of the most common mistakes include:

• Failing to submit a DD Form 214 or other required proof of military service.
• Failing to provide VA disability documentation when seeking a ten-point preference.
• Confusing open-to-the-public vacancy announcements with merit promotion announcements.
• Assuming veterans’ preference applies to every federal position.
• Overlooking special hiring authorities such as the VRA, VEOA, or 30% or More Disabled Veteran Appointment Authority.

Carefully reviewing vacancy announcements and submitting a complete application package can help veterans maximize the benefits available through the federal hiring system.

Veterans’ Preference Versus USERRA

Although veterans’ preference and the Uniformed Services Employment and Reemployment Rights Act (USERRA) both benefit servicemembers and veterans, they serve distinct purposes.

Veterans’ preference is a federal hiring advantage that may improve an eligible applicant’s standing during the federal civilian hiring process. USERRA, by contrast, protects servicemembers’ employment and reemployment rights and prohibits discrimination and retaliation based on military service. Understanding the difference between these laws is important because each provides separate rights, remedies, and protections for veterans and servicemembers.

Making the Most of Veterans’ Preference

Veterans’ preference remains an important tool for eligible veterans seeking careers in the federal workforce. By providing qualified applicants with certain advantages during the federal hiring process, veterans’ preference recognizes military service while helping veterans transition into civilian public service. However, obtaining the full benefit of these protections requires more than simply claiming preference status. Applicants must understand the eligibility requirements, submit the necessary supporting documentation, and familiarize themselves with the hiring authorities and procedures that govern federal employment.

Veterans’ preference continues to serve as a valuable bridge between military service and civilian federal careers, ensuring that those who have served the nation receive meaningful consideration in the federal employment process.

When to Contact an Attorney

Veterans should consider seeking legal guidance if they believe a federal agency has improperly denied veterans’ preference, failed to apply applicable hiring rules, or otherwise violated their rights during the federal employment process. An attorney can help evaluate whether a violation has occurred, explain available remedies, and assist with pursuing administrative relief through mechanisms such as a Veterans Employment Opportunities Act (VEOA) complaint or an appeal before the Merit Systems Protection Board (MSPB). Early legal advice may also help applicants preserve important deadlines and position themselves to effectively protect their rights while pursuing federal employment opportunities.

If you have questions about veterans’ preference, or you believe an agency has improperly violated your rights, Tully Rinckey’s team of dedicated federal employment attorneys is available to assist. Please call 8885294543 to schedule a consultation, or schedule a consultation online.

Heather Tenney, Esq., LL.M. is a Partner in Tully Rinckey PLLC’s military law, federal employment, and national security law practice groups. She currently serves as the primary attorney for consultation in these areas. Heather brought her skills as an advocate and negotiator to Tully Rinckey after honorably serving with the US Army’s JAG Corps, and the results speak for themselves. At the firm, she focuses on military law; federal employment, EEO and discrimination litigation; disciplinary investigation and MSPB litigation, disability retirement, and national security clearance representation. Heather’s representation in national security and security clearance cases range from high-level military officers to covert operation officers of the CIA, NRO, FBI, DIA and a range of other intelligence agencies. Heather currently serves as Treasurer for the National Security Lawyers Association (NSLA).