June 16, 2009
MEMORANDUM FOR SEE DISTRIBUTION
SUBJECT: Clarification of Nonappropriated Fund (NAF) Employment of Military
Spouses in Continuing or Non-continuing Positions
- Reference DoD 1400.25-M, September 19, 2007, Subchapter 315.
Pending the new publication of Army Regulation 215-3, the following updated guidance is provided.
Spouse employment preference (SEP) does not apply to non-competitive placement actions. A military spouse is defined as the wife or husband of an active duty member of the U.S Armed Forces, including the U.S Coast Guard, and the full-time National Guard or Reserves. For purposes of this preference, the marriage must have occurred prior to the service members' relocation via a permanent change of station (PCS) move to the military's sponsor's new permanent duty station. The preference applies to jobs within the commuting area defined as the military sponsor's duty station and the surrounding localities where people reasonably can be expected to travel daily to and from work. The preference does not apply to a PCS move that is in conjunction with the retirement or separation of a military member.
An eligible spouse (as verified by the sponsor's PCS orders) must request consideration at the time of application. Preference applies to all pay band positions NF-3 and below, and all FWS and CY positions for which the SEP eligible applies and is qualified. Generally, the eligibility time period begins 30 days before the military sponsor's reporting date at the new duty location, if accompanied, and continues during the entire tour unless terminated sooner. Spouses who do not initially relocate with their sponsors are not eligible for preference until they are actually residing in the commuting area of the new duty station. In foreign areas, spouses do not receive preference until arrival at the overseas location.
SEP eligibles may accept or decline an unlimited number of non-continuing positions without loss of their military spouse preference. There is no limit to the number of times a military spouse may apply for and accept positions that are temporary, intermittent or flexible. Military spouses shall be referred using this preference until such time as they accept or decline a continuing NAF or APF position (whether or not preference was applied), fail to maintain eligibility in accordance with the requirements, or are no longer interested in being referred.
A continuing position is defined as one without a time limitation and having a guaranteed work schedule, i.e., part-time or full-time. Non-continuing positions are
positions filled by Regular Limited Tenure appointment regardless of the work schedule and any NAF position for which the employment category is identified as flexible.
Upon acceptance of a non-continuing position, the spouse's eligibility for preference for other non-continuing positions will be suspended until 60 days prior to the expiration of the appointment. Commanders in foreign areas may limit eligibility for the preference during the last 6 months of the sponsor's tour.
The point of contact is Ms. Rena Gwyn, NAF Human Resources Policy and Program Division, 703-325-7763 or DSN 221-7763.
//original signed //
SANDRA G. CURRAN
Director, NAF Human Resources
Policy and Programs Division
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