Civilian Personnel Flight

Expires: 31 December 2026
Pursuant to section 625 of the National Defense Authorization Act of Fiscal Year 2022, this memorandum establishes a pilot program to assess the feasibility and advisability of using a direct hire authority to appoint spouses of members of the Uniformed Services. Members of the Uniformed Services must be stationed at locations outside of the United States in order for their spouses to be eligible for time-limited appointments to a competitive service position within the DoD under this authority. Appointments shall be made without regard to chapter 33, subchapter I of title 5, United States Code (U.S.C.), other than sections 3303 and 3328. As a matter of policy, section 3326 of chapter 33, subchapter I of title 5, U.S.C., and corresponding Code of Federal Regulations provisions will continue to apply.

Appointments under this authority may not be made after December 31, 2026, when the pilot program terminates, unless this date is extended by future legislation. Any appointment made prior to this date will continue until the term of the appointment expires, subject to the conditions provided in Section 5.c of the Under Secretary of Defense for Personnel and Readiness (USD(P&R)) Memorandum, dated 28 September 2022. Additional information is included below, however, please refer to the questions and answers and DHA-MS checklist attached.

This is the initial guidance and AFPC will continue to update as the Pilot progresses.

For purposes of this authority, this pilot is exclusive to appropriated fund positions within DoD Components, located outside the United States at the General Schedule and Federal Wage System grades 15 and below (or equivalent). The appointment of such spouses is limited to positions in the commuting area of the uniformed services member’s assigned duty location outside the United States. For this authority, appointments would be Foreign OCONUS and U.S. Territories.

Appointment Eligibility: A legally married spouse who accompanies a member of the Uniformed Services stationed at duty locations outside the United States is eligible to be appointed to a time-limited appointment (initially not to exceed 2 years) using this authority MUST meet the following conditions to be eligible:

• The spouse has been authorized to accompany the Uniformed Service member to the duty location on permanent change of station (PCS) orders at Government expense; AND

• The position offered is within the local commuting area (as defined under Section 4 Under Secretary of Defense for Personnel and Readiness (USD(P&R)) Memorandum, dated 28 September 2022) of the Uniformed Service member’s assigned duty location; AND

• The spouse resides with the member of the Uniformed Services in the same local commuting area of the member’s duty assignment.

Qualifications: Qualified Individuals are defined as those individuals who:

• Meet the minimum standards for the position as published in the Office of Personnel Management’s (OPM) Operating Manual, “Qualification Standards for General Schedule Positions” and Federal Wage System”.

• Meet any selective placement factor(s) and/or competencies identified as necessary for appointment to the position. For example, physical agility testing.

• Qualified candidates with veteran’s preference should be considered as they are found, just as any qualified non-preference eligible.

Appointments under this authority are on a time-limited basis (temporary or term) in the competitive service for a timeframe not to exceed 2 years. Term appointments may be extended for two additional terms (for no more than 2 years each term), for a total of 6 years. Appointments terminate either upon expiration of the term or upon the end of the sponsoring Uniformed Service member’s accompanied tour or on the date the sponsoring Uniformed Service member or spouse is impacted by one of the following circumstances:

• Relocation back to the United States in connection with PCS orders;

• Relocation from their assigned duty station’s local commuting area to another duty location outside the United States in connection with a PCS move;

• Divorce;

• Death of sponsor;

• Retires or separates from active duty.

1. Q: Who is eligible to be appointed utilizing this DHA?
A: A spouse (husband or wife) who is Legally married to an “Active Duty” military member stationed at a duty location outside the United States. Spouse must be listed on the military PCS orders.

2. Q: Does this DHA apply to spouses of civilian employees?
A: No, Pilot Program will only assess the use of the authority to hire spouses of members of the uniformed services at locations outside the United States.

3. Q: What does the term “Uniformed Services” mean?
A: The term Uniformed Services mean

a. Armed Forces (Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard)

b. The commissioned corps of the National Oceanic and Atmospheric Administration

c. The commissioned corps of the Public Health Service

4. Q: What is considered a “location outside the U.S.”
A: All locations outside the Continental US including Guam and Puerto Rico. This does not include Hawaii and Alaska.

5. Q: What type of appointment can be made utilizing this DHA?
A: Appointments are on a time-limited basis, Temporary or Term. Initial Term appointments will not exceed 2 years with the ability to extend for two additional terms (not to exceed 2 years for each extension) NTE a total of 6 years.

6. Q: Can you appoint a permanent competitive status employee when utilizing this DHA?
A: The authority should primarily be used to appoint qualified candidates who are not existing DoD competitive service employees with permanent status. However, if management considers the use of the authority to appoint a permanent competitive status employee a 3-day break in federal service (i.e. Resign on Thurs, for Mon appointment). There is no conversion of appointment authority permitted. As a reminder, appointments using DHA-MS may only be Time-Limited.

7. Q: Can a Military Spouse utilize their Overseas Military Spouse Preference (MSP) after they accept a position utilizing this DHA-MS?
A: Yes. The Overseas Military Spouse Preference is not affected by this DHA-MS, due to appointments under this authority must be on a time-limited basis (not permanent).

8. Q: Can a Military Spouse appointed under this DHA be subsequently converted to a military spouse Schedule A appointment?
A: Yes. Military Spouse Preference (MSP) is not affected by DHA-MS authority, if a military spouse meets the criteria for MSP and currently works for the agency under the DHA Military spouse pilot program, a conversion to a Schedule A appointment may be permissible.

9. Q: What is the definition of “local commuting area?
A: As determined by Installation Commanders utilizing the definition in 5 CFR § 351.203 for the geographic area that usually constitutes one area for employment purposes. It includes any population center (or two or more neighboring ones) and the surrounding localities in which people live and can reasonably be expected to travel back and forth daily to their usual employment.

10. Q: What actions would terminate a DHA-MS appointment?
A: Appointments terminate either upon expiration of the term

or

upon the end of the sponsoring Uniformed Service member’s accompanied tour

or

on the date the sponsoring Uniformed Service member or spouse is impacted by one of the following circumstances:

a. Relocation back to the United States in connection with PCS orders;

b. Relocation from their assigned duty station’s local commuting area to another duty location outside the United States in connection with a PCS move;

c. Divorce

d. Death of sponsor

e. Retires or separates from active duty

11. Q: Does this authority allow LWOP?
A: No. Under this authority, spouses of Uniformed Services personnel are not eligible for leave without pay (LWOP) when relocating outside of the commuting area.

12. Q: Will this authority allow for remote work?
A: No, remote work is not authorized under this DHA authority, as one of the requirements is the position offered must be within the local commuting area of the Uniformed Service member’s assigned duty location.