UNCLASSIFIED

01   02   111755Z   MAY 92   RR   RR   UUUU
DA WASHINGTON DC//DAPE-CPE//

AIG 9150
AIG 9893

UNCLAS



SUBJ: APPOINTMENTS UNDER EXECUTIVE ORDER (EO) 12721 - STATUS AND TENURE

A. FEDERAL PERSONNEL MANUAL (FPM) CHAPTER 315, PARAGRAPH 6-13N.
B. FPM CHAPTER 315, PARAGRAPH 2-4E.
C. FPM CHAPTER 315, APPENDIX A.

1. IT WAS RECENTLY BROUGHT TO OUR ATTENTION THAT THE LAST SENTENCE OF REF A, WHICH PROVIDES GUIDANCE ON THE STATUS AND TENURE OF EO APPOINTEES, IS CAUSING CONFUSION IN THE FIELD. IF TAKEN LITERALLY AND WITHOUT REGARD TO THE REST OF FPM, IT COULD BE INTERPRETED AS BEING UNDULY RESTRICTIVE FOR FAMILY MEMBERS. IT WAS OUR ASSESSMENT THAT THE STATEMENT WAS WRITTEN WITH THE ASSUMPTION THAT INDIVIDUALS RETURNING FROM OVERSEAS RECEIVING AN EO APPOINTMENT ARE GETTING THEIR FIRST COMPETITIVE SERVICE APPOINTMENT. INDIVIDUALS COULD, HOWEVER, HAVE STATUS BEFORE GOING OVERSEAS, SERVE IN THE EXCEPTED SERVICE OVERSEAS, THEN RETURN TO THE COMPETITIVE SERVICE WITHOUT A BREAK IN SERVICE. THEY MAY HAVE REINSTATEMENT ELIGIBILITY, AS WELL AS ELIGIBILITY UNDER THE EO, AND MAY BE CONSIDERED FOR APPOINTMENT UNDER EITHER AUTHORITY. IF APPOINTED UNDER THE EO WITHOUT A BREAK IN SERVICE, THE OVERSEAS SERVICE SHOULD BE VIEWED AS INTERVENING SERVICE PER REF B.

2. LIKEWISE, PROVISION EXISTS IN REF C FOR THE CREDIT OF PRIOR SERVICE TOWARD COMPLETION OF THE PROBATIONARY PERIOD. FAMILY MEMBERS WITH PERSONAL STATUS WHO ARE GIVEN EO APPOINTMENTS UPON RETURN FROM OVERSEAS SHOULD, THEREFORE, BE GIVEN CREDIT FOR ANY PRIOR SERVICE THAT MEETS THE STATED CONDITIONS.

3. WE HAVE DISCUSSED THIS ISSUE WITH THE OFFICE OF PERSONNEL MANAGEMENT (OPM) AND THEY ARE IN AGREEMENT WITH THIS INTERPRETATION. OPM IS PLANNING TO REVISE FPM CHAPTER 315 IN THE NEAR FUTURE AND WILL CLARIFY THE WORDING OF REF A AT THAT TIME.

4. REQUEST YOU ENSURE THAT ALL STAFF MEMBERS ARE AWARE OF THIS INTERPRETATION, SO THAT FAMILY MEMBERS ARE NOT DENIED PROPER CREDIT FOR PRIOR COMPETITIVE SERVICE.