UNCLASSIFIED

01   05   221730Z   DEC   89   PP   UUUU

HQDA WASH DC//DAPE-CPE//

AIG 9150

AIG 9893

UNCLAS

SUBJ: EMPLOYMENT OF SPOUSES OF ACTIVE DUTY MILITARY MEMBERS

A. DEPARTMENT OF DEFENSE INSTRUCTION {DODI} 1404.12, DATED 12 JAN 89, SUBJECT: EMPLOYMENT OF SPOUSES OF ACTIVE DUTY MILITARY MEMBERS STATIONED WORLDWIDE.
B. DEPARTMENT OF DEFENSE MANUAL 1400.20-1-M, APPENDIX I, DATED 1 FEB 89; INTERIM CHANGES, DATED 1 JUN 89 AND 6 OCT 89.

1. WE ARE AWARE THAT IMPLEMENTATION OF THE MILITARY SPOUSE PREFERENCE PROGRAM HAS BEEN A TRYING ENDEAVOR OVER THE LAST FEW MONTHS. YOU KNOW THAT WE HAVE BEEN WORKING WITH OSD TO RESOLVE THE ISSUES. IT APPEARS THAT WE HAVE NOW GAINED SOME STABILITY IN WHAT HAS BEEN CONFUSING, AND OFTEN CONFLICTING, POLICY AND GUIDANCE. WHILE WE ARE STILL URGING OSD TO REDO THE TWO REFERENCES SO THAT THEY ARE CONSISTENT AND CLEARLY REFLECT THEIR POSITION, WE SENSE THAT THE LAST OSD ISSUANCE SIGNIFICANTLY CLARIFIED MOST OF YOUR QUESTIONS. WE ARE ISSUING DA PROCEDURES REGARDING IMPLEMENTATION.

2. THE FOLLOWING PROVISIONS APPLY WORLDWIDE IN ALL SPOUSE PREFERENCE SITUATIONS:

  1. A. EXCEPTIONS. LOCAL COMMANDERS ARE DELEGATED AUTHORITY TO APPROVE EXCEPTIONS TO SELECTIONS BASED ON LOCALLY DEVELOPED CRITERIA. THIS AUTHORITY INCLUDES GRANTING EXCEPTIONS (1) TO HIRING PRIORITY 3 SPOUSE PREFERENCE ELIGIBLES DURING HIRING FREEZES, AND (2) FOR FURTHER EXTENSION OF PREFERENCE WHEN A SPOUSE WHO IS ON A TIME-LIMITED APPOINTMENT OF ONE YEAR OR LONGER EXPERIENCES UNANTICIPATED DISPLACEMENT IN LESS THAN A YEAR FROM THE DATE OF THE APPOINTMENT.

  2. B. REQUIRED DOCUMENTATION.

    1. (1) ORDERS. ALL SPOUSE PREFERENCE ELIGIBLES WHO APPLY FOR POSITIONS IN DA MUST SUBMIT A COPY OF THE SPONSOR'S PERMANENT CHANGE OF STATION (PCS) ORDERS TO ENABLE THE PERSONNEL OFFICE TO VERIFY ELIGIBILITY. LOCAL ACTIVITIES MUST MAKE EVERY APPROPRIATE EFFORT TO INFORM APPLICANTS OF THIS REQUIREMENT AND, AS A MINIMUM, INCLUDE THIS INFORMATION IN VACANCY ANNOUNCEMENTS.

    2. (2) APPRAISAL. IF SPOUSES WITH PREVIOUS FEDERAL SERVICE DO NOT HAVE A RECENT PERFORMANCE APPRAISAL, PERSONNEL OFFICES WILL CHECK THE SF-75, REQUEST FOR PRELIMINARY EMPLOYMENT DATA, OR THE LOSING PERSONNEL OFFICE, FOR EVIDENCE OF DEROGATORY INFORMATION IN THE OFFICIAL PERSONNEL FILE. LOSING PERSONNEL OFFICES SHOULD RESPOND WITHIN 24 HOURS OF RECEIPT OF THE REQUEST. BARRING ANY NEGATIVE INFORMATION, OTHERWISE ELIGIBLE SPOUSES WILL BE REGISTERED WITH A PRESUMED "FULLY SATISFACTORY" RATING.

    3. (3) SUPPLEMENTAL APPLICATION. SPOUSES WHO CHOOSE TO REGISTER PRIOR TO LEAVING THE OLD DUTY STATION AND CANNOT BE CONTACTED FOR ADDITIONAL INFORMATION WILL NOT LOSE PREFERENCE ELIGIBILITY. UNLESS THEY CAN JUSTIFY EXTENUATING CIRCUMSTANCES, HOWEVER, SPOUSES WHO REGISTER OR MAKE CONTACT WITH THE PERSONNEL OFFICE AFTER ARRIVING AT THE NEW DUTY STATION DO LOSE PREFERENCE IF THEY FAIL TO RESPOND WITHIN A REASONABLE TIME TO A REQUEST FOR THE ADDITIONAL INFORMATION. AUTHORITY TO MAKE EXCEPTIONS FOR THOSE SPOUSES IN UNUSUAL SITUATIONS IS DELEGATED AS IN PARA 2A ABOVE. AS IN PARA 28(1), ACTIVITIES ARE RESPONSIBLE FOR INFORMING APPLICANTS OF THIS REQUIREMENT.


  3. C. CONSISTENCY.

    1. (1) TO ENSURE UNIFORM APPLICATION OF SPOUSE PREFERENCE, THE DEFINITIONS AND CLARIFICATIONS PROVIDED IN THE INTERIM CHANGES TO REFERENCE B WILL BE UTILIZED FOR ALL PLACEMENTS, TO INCLUDE THOSE MADE OVERSEAS, TO THE EXCEPTED SERVICE, AND UNDER DIRECT HIRE OF DELEGATED EXAMINING AUTHORITY. THIS GUIDANCE RESOLVES THE MAJORITY OF THE CONFLICTS THAT EXIST BETWEEN REFERENCES A AND B AND CLARIFIES THAT, WHERE DISCREPANCIES DO OCCUR, THE PROVISIONS OF THE DODI PREVAIL. FURTHER CLARIFICATIONS REGARDING REGISTRATIONS/CONSIDERATIONS SHOULD CONTINUE TO BE ADDRESSED TO THE DOD PRIORITY PLACEMENT PROGRAM ZONE COORDINATORS. RULINGS FROM THE ZONE COORDINATORS IN RESPONSE TO SPECIFIC CASES ARE NOT TO BE GENERALIZED FOR USE BY OTHER ACTIVITIES UNLESS THE ZONE COORDINATOR PROVIDES SPECIFIC INSTRUCTIONS TO DO SO.

    2. (2) ACTIVITIES WHICH HAVE LOCAL MERIT PROMOTIONS PLANS AND/OR NEGOTIATED AGREEMENTS WITH LOCAL UNIONS THAT PROHIBIT IMPLEMENTATION OF THE PROGRAM SHOULD IMMEDIATELY RESOLVE THESE CONFLICTS.

3. PROCEDURES.

  1. A. IMPLEMENTATION, AS STATED HEREIN, IS TO BE EFFECTED IMMEDIATELY.

  2. B. NONCOMPETITIVE SELECTIONS AND PLACEMENTS MADE OUTSIDE AUTOMATED PPP PROCEDURES MAY BE MADE WITHOUT APPLICATION OF SPOUSE PREFERENCE.

  3. C. IF MANAGEMENT WANTS TO SELECT FROM A LIST OF COMPETITIVE APPLICANTS AND A BEST QUALIFIED MILITARY SPOUSE IS AVAILABLE AND REGISTERED FOR THAT POSITION, THE SPOUSE MUST BE SELECTED UNLESS AN EXCEPTION IS GRANTED (SEE PARA 2A).

  4. D. NO APPLICATION OF PREFERENCE IS AUTHORIZED ONCE A SPOUSE IS EMPLOYED IN A CONTINUING POSITION IN THE COMMUTING AREA OF THE SPONSOR UNLESS AN EXCEPTION IS APPROVED (SEE PARA 2A).

  5. E. CIVILIAN PERSONNEL OFFICES MUST ASSURE THAT INFORMATIN IS DISSEMINATED TO THE ARMY COMMUNITY SERVICE (ACS) FAMILY MEMBER EMPLOYMENT ASSISTANCE PROGRAM STAFF AND MILITARY SPOUSES TO THE FULLEST EXTENT POSSIBLE TO FOSTER UNDERSTANDING OF THE LAW. EMPHASIS NEEDS TO BE PLACED ON PROMOTING ACCURATE EXPECTATIONS. SPOUSE PREFERENCE INFORMATION SHOULD BE INCLUDED IN ALL ONGOING FAMILY MEMBER EMPLOYMENT PROGRAMS AND INITIATIVES INTENDED TO ASSIST RELOCATING FAMILY MEMBERS.

  6. F. WE ARE WORKING WITH OSD ON REVISING THE REPORTING REQUIREMENTS. UNTIL INSTRUCTED TO DO OTHERWISE, CONTINUE TO FOLLOW CURRENT GUIDANCE FROM THE U.S. TOTAL ARMY PERSONNEL COMMAND (PERSCOM).


CAROLE MAIELLO, PER STAFF SPEC
DAPE-CPE/54036

//SIGNED//
A.E. YURKOSKI, CHIEF, CPE, 54011