Veterans Preference

Many thought the Pathways program was going to be a sure fire method to bypass veterans preference. Agreed it was an attempt. College placement officials were enthused, not so much any more. Veterans preference in a product of USC Title 38 and USC Title 5. The Outstanding Scholar Program, and the Federal Career Intern Program (FCIP) were designed for no other purpose than to bypass veterans preference. During the past seven years the Merit Systems Protection Board (MSPB), and the Court Appeals for the Federal Circuit (CAFC) have struck down programs that were attempts to bypass hiring veterans. That has allowed more veterans to be hired.

The Department of Defense has attempted to file objections to the hiring of preference eligible, because it impacted “diversity (what ever that is).” As of today 23,500,000 veterans are alive of these 18,500,000 are white males. That would tend to impact “diversity.”

After the radical islamist (an Army Major) killed 13 people at Fort Hood the then Chief of Staff Casey stated, “It was horrible that those people were killed, but it would have been worst if “diversity” had been damaged”. The Generals have attempted to call the killings “work place violence.” To this day they have (Obama as well) have refused to called the killing an act of terrorism.

So much for the thanks from a grateful nation. At least the MSPB and the CAFC are more concerned with veterans rights than “diversity.”

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David B. Grinberg

Excellent points, David. America’s veterans give their very lives for nation. In my opinion, there is no more noble, honorable, patriotic and selfless sacrifice than serving our nation by serving in the military.

Unfortunately, too often veterans get a raw deal from both government and the public along many lines — which, IMO, is utterly disgraceful and leaves an indelible stain on our nation.

When it comes to employment or reemployment of veterans employment or reemployment, there should be no barriers put in place of veterans preference, which is well deserved (understatement) and the least we can do to give back to the men and women who have sacrificed everything for the country they love and cherish.

Veterans are an integral part of the diversity equation. That’s why the government enacted veterans preference and the veterans reemployment rights.

America owes a huge debt of gratitude to our veterans that goes beyond mere words and gestures. The last thing veterans deserve is discrimination by their own government, which they so valiantly served.


David Dean

Thank you for the kind words for my brothers and sisters in arms. I disagree with you on one point. Veterans are not part of the diversity equation. Diversity is not a consideration in veterans hire in the federal government. The federal courts have ruled that diversity cannot be considered, nor can a applicant be hired before a veteran if the non-veteran has a higher score. If you are interested I will be glad to furnish you a number of US Supreme Court, Court of Appeals for the Federal Circuit, and the Merit Systems Protection Board (MSPB) citations.

All veterans ask is that the federal statutes and case law be followed where federal hiring of preference eligible veterans is concerned. In the last five years I have won two major cases (pro se) that has brought federal hiring practices some what with veterans preference statutes and case law. You might be interested in(MSPB Cases) David Dean v. Office of Personnel Management (Nov 2010), David Dean v. Department of Agriculture Aug 2005), Kirkendall v. Department of Army, Gingery v. Treasury, Isabella v. Department of State. Look at the US Supreme Court Case Feeney v. Mass, and the Court of Appeals for the Federal Circuit case Lazaro v. Department of Veterans Affairs.

The new Pathways Program is in the process of being vetted in the MSPB and will probably be vetted in the Court of Appeals for the Federal Circuit.

We still have a long way to go in clearing the area of preference eligible hiring in the federal government. I have devoted the past 12 years to federal hiring of preference eligible veterans. Some people on this website and other websites have asked why a program that totally excludes veterans. Simple answer is USC Title 38 and USC Title 5 would have to be abolished. That is not going to happen.

Again thank you.

Kevin Rogers

Hey David Dean,

Care to elaborate on your failed attempts to get all non-veterans hired under the FCIP program fired, and to end Pathways? Looks like all of the non-vets hired under the FCIP are still gainfully employed and Pathways is still up and running!

David Dean

Check in with your parole officer. At one time you were do 5 to 10 for child molestation. Understand you had a bad time in the Department of Corrections.

Kevin Rogers

David Dean, being the serial litigant that you are, you should know that what you just posted is libel. Shouldn’t you be busy litigating over not getting hired for GS-5 admin type jobs that you aren’t even qualified to begin with? How did getting all those non-vets fired work out for you? You said you would, but it doesn’t look like it happened.