Reading Room Document

Legality of Department of Defense Hiring Practices in Foreign-Area Installations

This document is a memorandum opinion addressing the legality of Department of Defense (DOD) hiring practices in foreign-area installations. The conclusion reached in the document is that the Veterans Preference Act is applicable to overseas positions, and there is no legal justification for excusing its application to regular DOD appointments. However, the document also presents the opinion that the Commission may properly excuse application of the Act to the local national positions filled by dependents if it finds that such application would not benefit preference eligibles. The questions presented for review include whether the Civil Service Commission had authority to promulgate certain hiring practices, the effect of Public Law 92-129 on the Veterans Preference Act, and whether NATO SOFA and working arrangements under that agreement supersede the Veterans Preference Act.

June 23, 1978