Executive Order 11397—Authorizing Transitional Appointments of Veterans Who Have Served During the Vietnam Era

WHEREAS the Federal Government has the obligation to facilitate the transition of veterans from service in the armed forces during the Vietnam era to employment in civilian pursuits; WHEREAS many veterans have not completed education or training adequate to prepare them for the future job demands of civilian employment; WHEREAS the Government recognizes that the acquisition of adequate education or training is an essential element in preparing individuals for employment in our present society; WHEREAS the Government as an employer has a continuing need for skilled employees and a corresponding duty to encourage the acquisition of adequate education or training by its employees; and WHEREAS the acquisition of necessary education or training can be combined effectively with productive employment: Now, THEREFORE, by virtue of the authority vested in me by the Constitution of the United States, by sections 3301 and 3302 of title 5, United States Code, and as President of the United States, it is ordered as follows: SEC. 1. (a) Under such regulations as the Civil Service Commission may prescribe, the head of an agency may make an excepted appointment (to be known as a "transitional appointment") to any position in the competitive service at GS-5 or below, or the equivalent thereof, of a veteran or disabled veteran as defined in section 2108 (1), (2) of title 5, United States Code, who: (1) served on active duty in the armed forces of the United States during the Vietnam era; (2) at the time of his appointment has completed less than one year of education beyond graduation from high school, or the equivalent thereof; and (3) is found qualified to perform the duties of the position. (b) An employee given a transitional appointment under paragraph (a) of this section serves subject to: (1) the satisfactory performance of assigned duties; and (2) the satisfactory completion, within such reasonable time as is prescribed in the regulations of the Civil Service Commission, of not less than one school year of full-time approved education or training, or the equivalent thereof, except that two school years of full-time approved education or training, or the equivalent thereof, shall be required when an employee has not completed high school, or the equivalent thereof, by virtue of that education or training. (c) An employee who does not satisfactorily meet the conditions set forth in paragraph (b) of this section shall be removed in accordance with appropriate procedures. (d) An employee who satisfactorily meets the conditions set forth in paragraph (b) of this section and who has completed not less than one year of current continuous employment under a transitional appointment shall, in accordance with the regulations of the Civil Service Commission, be converted to career-conditional or career employment when he furnishes his employing agency proof of the satisfactory completion of the required education or training. An employee converted under this paragraph shall automatically acquire a competitive status. (e) In selecting an applicant for appointment under this section, an agency head shall not discriminate because of race, color, religion, sex, national origin, or political affiliation. SEC. 2. A person eligible for appointment under section 1 of this order may be appointed only within one year after his separation from the armed forces, one year following his release from hospitalization or treatment immediately following his separation from the armed forces, or one year after the effective date of this order, whichever is later. SEC. 3. Any law, Executive order, or regulation which would disqualify an applicant for appointment in the competitive service shall also disqualify a person otherwise eligible for appointment under section 1 of this order. SEC. 4. For the purpose of this order: (a) "agency" means a military department as defined in section 102 of title 5, United States Code, an executive agency (other than the General Accounting Office) as defined in section 105 of title 5, United States Code, and those portions of the legislative and judicial branches of the Federal Government and of the government of the District of Columbia having positions in the competitive service; and (b) "Vietnam era" means the period beginning August 5, 1964, and ending on such date thereafter to be determined by Presidential proclamation or concurrent resolution of the Congress. LYNDON B. JOHNSON The White House February 9, 1968