[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR332.322]

[Page 218-219]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 332_RECRUITMENT AND SELECTION THROUGH COMPETITIVE EXAMINATION
--Table of Contents
 
             Subpart C_Period of Competition and Eligibility
 
Sec. 332.322  Persons who lost eligibility because of military service.

    (a) A person who lost a period of eligibility on a register because 
he has served on active military duty since June 30, 1950, is entitled 
to have his name restored to that register or a successor register when 
he meets the following conditions:
    (1) He has not served more than four years following the date of his 
entrance on active military duty, exclusive of any additional service 
imposed pursuant to law. The date of entrance on duty means the first 
date between June 30, 1950, and July 1, 1971, on which he began a new 
period of active military duty, whether it was by original entry, 
reentry or extension.
    (2) He is honorably separated from active military duty.
    (3) He applies for restoration of eligibility within 90 days after 
discharge from active military duty or from hospitalization continuing 
for 1 year or less following separation from active military duty.

[[Page 219]]

    (4) He is still qualified to perform the duties of the position for 
which the register is used.
    (b) When a person is entitled to have his name restored to a 
register under paragraph (a) of this section, OPM shall enter his name 
at the top of the appropriate group on the register if another eligible 
standing lower on the register on which his name formerly appeared was 
given a career or career-conditional appointment from that register. For 
professional and scientific positions in GS-9 and above and in 
comparable pay levels under other pay-fixing authorities, all eligibles 
are in one group. For all other positions, preference eligibles with a 
compensable service-connected disability of 10 percent or more are in 
one group and all other eligibles in another.
    (c) When there is no appropriate existing register, OPM may 
establish special registers containing the names of persons entitled to 
priority of certification under paragraph (b) of this section, together 
with the names of eligibles described in Sec. 332.311, and use these 
registers for certification to fill appropriate vacancies.

[33 FR 12426, Sept. 4, 1968, as amended at 35 FR 414, Jan. 13, 1970]