OFFICE OF THE SECRETARY OF DEFENSE

1950 DEFENSE PENTAGON 

WASHINGTON, DC 20301-1950

Administration

& Management

November 5, 1984

ADMINISTRATIVE INSTRUCTION NO. 45

SUBJECT:  Employment of Retired Members of the Armed
Forces 

References:  (a)  DoD Directive 1402.1, "Employment
of Retired Members of the Armed Forces," January 21,
1982

(b)  Sections 3326, 5303, and 5532 of title 5, United
States Code

(c)  DoD Directive 1442.4, "Guidelines for the Employment
of Experts and Consultants," May 30, 1984

(d)  through (g), see enclosure 1

1.  PURPOSE 

This Instruction implements reference (a) and provides
policy, prescribes procedures, and assigns responsibilities
for the employment of retired members of the Armed Forces.

2.  APPLICABILITY 

This Instruction applies to the Office of the Secretary
of Defense (OSD); the Organization of the Joint Chiefs
of Staff (OJCS); the Inspector General, Department of
Defense, and all activities assigned to Washington Headquarters
Services (WHS) for administrative support.   The term,
"Armed Forces," as used herein, refers to the Army,
the Navy, the Air Force, the Marine Corps, and the Coast
Guard.

3.  DEFINITIONS 

3.1.  Retired Member of the Armed Forces.    A member
or former member of the Armed Forces who is entitled
to retired, retirement, or retainer pay.

3.2.  Position.    A civilian office or position (including
a temporary, part-time, or intermittent position as
these terms are defined by the Office of Personnel Management
(OPM)) to be filled, with or without compensation, under
appointment or personal service contract from appropriated
or nonappropriated funds, provided an employer-employee
relationship exists.

4.  POLICY 

It is DoD policy that:

4.1.  Positions will be filled with fully qualified
employees, generally the "best qualified" under consideration,
consistent with merit principles (5 U.S.C. 3326 (reference
(b))).

4.2.  Retired members of the Armed Forces have a right
to seek and be considered for Federal civilian employment.
  Consideration will be equitable and in compliance
with the merit system principle of open competition
to avoid both the practice and appearance of preferential
treatment.

4.3.  Retired members who meet the criteria for an expert
or consultant, DoD Directive 1442.4 (reference (c))
may be appointed if there are no other candidates available
with more expertise.

5.  RESPONSIBILITIES 

5.1.  The Deputy Assistant Secretary of Defense (Administration)
(DASD(A)) shall approve or disapprove each proposed
appointment within 180 days of retirement of a former
member of the Armed Forces (DoD Directive 1402.1, reference
(a)).

5.2.  The Director for Personnel and Security (DP&S),
WHS, or the Civilian Personnel Officer (CPO), OJCS,
 as appropriate, shall:

5.2.1.  Advertise vacancies in accordance with Administrative
Instruction No. 33 (reference (d)) and accept applications
from all candidates who meet the criteria prescribed
on the Job Opportunity Announcement.

5.2.2.  Rate and rank eligible candidates and refer
the best qualified to the selecting official or provide
an OPM Certificate of Eligibles or both.

5.2.3.  Provide staff support in the recruitment of
SES candidates in keeping with applicable procedures
and OPM guidance and regulations.

5.2.4.  Review the documentation submitted by selecting
or operating officials for compliance with the law and
adherence to the requirements of DoD Directive 1402.1
(reference (a)) and this Instruction and recommend to
the DASD(A) concurrence or nonconcurrence of each request.

5.2.5.  Advise the selecting official of the decision
and, if approved, begin processing under internal operating
procedures.

5.2.6.  Retain all documentation in the active files
for 2 years from the date of appointment action.

5.2.7.  Report by SF-50, "Notification of Personnel
Action," to the Military Department Finance Center responsible
for administering the member's retired or retainer pay
(5 U.S.C. 5532, reference (b)).

5.3.  Operating officials shall provide documentation
to reflect compliance with DoD Directive 1402.1 (reference
(a)) and this Instruction, as outlined at enclosures
2 and 3, as appropriate.

5.4.  Selecting Officials shall:

5.4.1.  Make tentative selections and return signed
certificates of eligibles to the DP&S, WHS, or the CPO,
OJCS.

5.4.2.  If the selectee is a retired member of the Armed
Forces who would enter on duty within 180 days after
his or her retirement, provide documentation as required
by enclosure 2.

5.4.3.  If the retiree is being proposed as an expert
or consultant within 180 days after his or her retirement,
provide documentation as required by enclosure 3.

6.  PROCEDURES 

6.1.  The following principles shall be observed before
employing retired members of the Armed Forces:

6.1.1.  Positions at the level of GS- and GM-15 and
below and in the federal wage system shall be filled
under Administrative Instruction No. 33 (reference (d)).
  Senior Executive Service (SES) positions will be filled
under applicable procedures, (Public Law 95-454 (reference
(e))) OPM guidance and regulations.

6.1.2.  When appointment is in the competitive civil
service and selection is from an established civil service
register, retired members of the Armed Forces shall
be accorded treatment consistent with regulations issued
by the OPM.

6.1.3.  When the selection for appointment, whether
inside or outside the competitive civil service, is
other than from an established civil service register,
recruitment for the position shall be conducted in a
way that:

6.1.3.1.  Ensures reasonable efforts are made to obtain
applicants from all possible sources to avoid any suspicion
of attempts to restrict competition unduly; and

6.1.3.2.  Adheres to the principles of merit selection.

6.1.3.2.1.  This principle requires that vacancies be
well publicized, recruitment be conducted over a sufficient
period of time to give all interested candidates an
opportunity to apply, and qualifications reflect valid
performance requirements of positions.

6.1.3.2.2.  When selecting a retired member, it shall
be established that the member is better qualified than
any inservice candidate.   This requirement does not
necessitate special recruitment efforts or delays in
selection for shortage category positions for which
OPM has authorized advanced in-hiring rates (5 U.S.C.
5303 (reference (b))).

6.1.4.  Positions may not be held open pending the retirement
of a member of the Armed Forces thus providing that
person with a preferential opportunity to apply for
or be appointed to the position.   Active recruitment
shall be initiated when the position becomes vacant,
unless suspension of recruitment can be justified fully
for management reasons unrelated to the impending retirement
of a member of the Armed Forces.

6.1.5.  If the position was last occupied by the proposed
appointee or another military incumbent, change to civilian
incumbency must meet a bonafide management need and
not be to afford civilian employment to the proposed
appointee.

6.2.  Appointments Within 180 Days After Retirement


6.2.1.  Appointments or transfers of retired members
of the Armed Forces to positions covered under this
Instruction during the 180 days immediately following
retirement may be made only when:

6.2.1.1.  The appointment is to a position for which
the minimum rate of basic compensation has been increased
by the OPM under the authority of 5 U.S.C. 5303 (reference
(b)); or

6.2.1.2.  The appointment is to a position for which:

6.2.1.2.1.  Equally well-qualified personnel are not
available among the employees being considered under
applicable inservice placement and promotion procedures;

6.2.1.2.2.  Current or former employees are not available
among those required to be considered in priority placement
programs, among those on the OSD/OJCS Reemployment Priority
Lists , or under the OPM Displaced Employee Program;
and

6.2.1.2.3.  Intensive external recruitment efforts have
failed to produce any better qualified candidates.

7.  EFFECTIVE DATE 

This Instruction is effective immediately.

Enclosures - 3 

E1.  References, continued

E2.  Information To Accompany Requests for Approval
of Proposed Appointment of Retired Members of the Armed
Forces

E3.  Information To Accompany Requests for Approval
of Proposed Appointments of Retired Members of the Armed
Forces for Expert and Consultant Positions

E1.  ENCLOSURE 1

REFERENCES, continued

(d)  Administrative Instruction No. 33, "Merit Promotion,"
May 18, 1981

(e)  Public Law 95-454, "Civil Service Reform Act"

(f)  Office of Personnel Management (OPM) Handbook X-118,
"Qualification Standards for Positions Under the General
Schedule," reprinted January 1979

(g)  DoD 5000.12-M, "DoD Manual for Standard Data Elements,"
December 1982

E2.  ENCLOSURE 2

INFORMATION TO ACCOMPANY REQUESTS FOR APPROVAL OF PROPOSED
APPOINTMENTS OF RETIRED MEMBERS OF THE ARMED FORCES

E2.1.  Information About the Proposed Appointee 

E2.1.1.  The effective date (YYMMDD) of retirement from
the Armed Forces.

E2.1.2.  Rank at time of retirement.

E2.1.3.  Pay grade and Uniformed Service at the time
of retirement, whether regular or nonregular.   (Use
the DoD standard data chain for Pay Grade reference
number, PA-SN, in accordance with DoD 5000.12-M (reference
(g)).)

E2.1.4.  A current SF 171, "Personal Qualifications
Statement," completed by the proposed appointee.

E2.2.  Information About the Position Involved 

E2.2.1.  Date (YYMMDD) the position was established.

E2.2.2  Date (YYMMDD) it was last occupied.

E2.2.3.  Whether the position was converted from military
to civilian status.

E2.2.4.  Date (YYMMDD) of conversion (if converted).

E2.2.5.  Reason for conversion.

E2.2.6.  Whether the proposed appointee was the last
military occupant.

E2.2.7.  A current position description.

E2.2.8.  Whether the position is continuing or temporary.

E2.2.9.  A copy of the qualification standards covering
the position.   (Alternatively, reference may be made
to OPM Handbook X-118 (reference (f)) when X-118 standards
are applied without modification.)

E2.2.10.  Whether efforts to fill the position have
been continuous since it became vacant; if not, the
reasons therefor.

E2.3.  Consideration of Career Employees 

To ensure that full consideration under placement and
promotion procedures of OSD and OJCS was given to eligible
career employees, the following information shall be
included:

E2.3.1.  A copy of any notice used to publicize the
vacancy to interested career employees.

E2.3.2.  Documentation on how the proposed appointee
is superior to all qualified employees given consideration.

E2.3.3.  A statement whether the appropriate placement
and promotion procedures were followed; if these procedures
were not followed, the reasons therefor.

E2.4.  Appointment From a Civil Service Register (information
additional to section E2.1., E2.2., and E2.3., above)


When the proposed appointee has eligibility on an appropriate
civil service register and has been selected for appointment,
the following additional information shall be provided:

E2.4.1.  A copy of the certificate of eligibles on which
the proposed appointee's name appears.   The examination
announcement under which the proposed appointee filed
shall be identified if it is not included on the certificate
itself.

E2.4.2.  A copy of the request for the certification,
including selective factors and names of nominees if
selective certification or name request was involved.

E2.4.3.  A statement as to how the proposed appointee
is superior to any eligibles standing higher on the
certificate.

E2.5.  Appointment From Other Than a Civil Service Register
(information additional to sections E2.1., E2.2., and
E2.3., above) 

When it is proposed to appoint a retired member from
other than a civil service register, the following additional
information shall be provided:

E2.5.1.  Under what authority (OPM regulation) the retired
member will be appointed.

E2.5.2.  If temporary appointment pending establishment
of register authority has been secured, a copy of the
request for a certificate of eligibles, including selective
factors and a copy of the authority.

E2.5.3.  If any positive recruiting efforts were made
to seek out applicants for the position, the methods
used (including specific dates and places), copies of
any notices publicizing the vacancy, and any contacts
with recruiting sources.

E3.  ENCLOSURE 3

INFORMATION TO ACCOMPANY REQUESTS FOR APPROVAL OF PROPOSED
APPOINTMENTS OF RETIRED MEMBERS OF THE ARMED FORCES
FOR EXPERT AND CONSULTANT POSITIONS

E3.1.  Information About the Proposed Appointee 

E3.1.1.  The effective date (YYMMDD) of retirement from
the Armed Forces.

E3.1.2.  Rank at time of retirement.

E3.1.3.  Pay grade and Uniformed Service, at the time
of retirement, whether regular or nonregular.   (Use
the DoD standard data chain for Pay Grade reference
number, PA-SN, in accordance with DoD 5000.12-M (reference
(g)).)

E3.1.4.  A current SF 171, Personal Qualifications Statement,
completed by the proposed appointee.

E3.2.  Information About the Expert and Consultant Services
Involved 

E3.2.1.  Advisory committees

E3.2.1.1.  A statement regarding the charter of the
advisory committee.

E3.2.1.2.  If the proposed appointee is to be paid,
a statement that the expertise or viewpoint to be offered
by the consultant is not otherwise available without
cost.

E3.2.2.  All other appointments

E3.2.2.1.  A statement regarding the duties to be performed.

E3.2.2.2.  A statement regarding the proposed appointee's
qualifications in relation to the duties concerned.

E3.3.  Consideration of Career Employees 

E3.3.1.  A statement that the specialized opinions or
professional or technical advice does not exist or is
not available within OSD and OJCS.

E3.3.2.  A statement that the services to be performed
are not needed continuously.

E3.3.3.  A statement of need for outside points of view
on administrative or technical issues (if applicable).

E3.3.4.  A statement of requirement for the opinion
of a noted expert on special projects whose national
or international prestige contributes to the success
of the undertaking (if applicable).