December 11, 2008 
By Janet Farley
Landing a federal job as a mobile military spouse has never been easy. Truth be told, however, it is far easier today than ever before and it’s about to get even better. How? The answer can be found in Executive Order (EO) 13473 (73 FR 56703) which allows hiring managers of all federal agencies to hire qualified military spouses without going through the competitive process.
The order, although signed by President Bush in September 2008, isn’t expected to go into effect until early 2009. The Office of Personnel Management (OPM) must first issue a regulation implementing the order. That proposed guidance is currently posted for your regulatory reading pleasure at Proposed Rules: Non-Competitive Appointment of Certain Military Spouses .
For those seeking the down and dirty details minus the legalese, the following Q&As might prove helpful in understanding the proposal as it potentially relates to you:
Does this mean I get the job over someone else just because I am a military spouse?
No, it does not. Don’t confuse this Executive Order with a hiring preference or with a selection priority. It is neither. You still have to apply for the job and be qualified for it. What this proposal does do is create a pool of applicants (military spouses) from which agencies may make noncompetitive selections if they choose to do so in the first place.
Am I eligible to use this EO by virtue of being a military spouse?
No. You must be a “certain type” of military spouse. In this case, that means you must be
a) the spouse of an active duty service member who has received permanent change of station orders. This includes members of the National Guard and Reserves on active duty. For Reserve Component members, the term “active duty” does not include training duties or attendance at service schools.
b) the spouse of a 100% disabled service member whose disability resulted from active duty in the military, or
c) the un-remarried widow or widower of a service member who was killed while on active duty in the armed forces.
We’re not married yet but we will be shortly after he PCS’s to the next station. Does this EO work for me?
You must be married to the active duty service member on or before the date of his or her PCS orders and you must accompany your beloved to the new duty station or follow within one year.
Can I use this Executive Order to be hired in another location, other than the one where we are stationed?
It depends. Typically, however, agencies appoint spouses to positions within the geographic area in which the new duty station is located. In some cases, the head of an agency may grant a waiver if there are no Federal agencies with the geographic area in which the new duty station is located.
For eligible spouses of 100% disabled service members or service members who were killed on active duty, there isn’t a geographic area limitation.
Does this Executive Order affect my military spouse preference?
No, it does not. The existing military spouse preference is designed to help those already in civil service obtain jobs within their respective departments. This new executive order, on the other hand, helps spouses get their foot in the federal door in the first place.
Are there other conditions involved?
Of course there are!
- Eligible spouses remain eligible for a noncompetitive appointment for a maximum of two years from the date of the event enabling them to use the order in the first place.
- An eligible spouse may receive only one noncompetitive appointment to a Federal job per each set of PCS orders.
- On the plus side, OPM isn’t proposing a limitation on the number of temporary or term appointments an eligible spouse may have per each PCS move.
- Finally, anything that would disqualify an applicant for Federal appointment would also disqualify a spouse for an appointment under this EO.
Surely there is paperwork involved. What is it?
Before a noncompetitive appointment can be made by a hiring agency, you must provide proof (i.e paperwork!) regarding your eligibility. That proof can come in the form of the following:
For spouses of active duty service members:
- A copy of your spouse’s PCS orders.
- Documentation proving you were married at the time those PCS orders were issued.
For spouses of those having a 100 percent disability rating:
- Documentation stating that the individual is 100 percent disabled as a result of a service-connected disability that occurred while the individual was on active military duty.
- Proof that the spouse is married to the military member.
For spouses of individuals killed while on active duty:
- Documentation showing that the service member was serving on active duty at he time of death.
- Proof that you were married at the time of death to the service member.
- A signed statement verifying that you have not remarried.
With the help of this new executive order, 2009 might well be the year you launch your new federal career.