ORDER DENYING REQUEST FOR RECONSIDERATION
On December 16, 2014, the Board of Directors (“Board”) issued a Decision and Order (“Decision”) in the above-captioned case, affirming the Hearing Officer’s finding of summary judgment in favor of the Architect of the Capitol (“AOC”) on John Sujat’s (“Sujat”) Veterans Employment Opportunities Act (“VEOA”) claim.
Sujat filed a request for reconsideration of the Board’s Decision. After a full review of Sujat’s request and supporting documents, the Board denies the request.1
I. Background
Sujat is a Vietnam War veteran and claims to have over 32 years of government service. In January 2013, Sujat applied for a GS-13 construction representative position with the AOC. The vacancy announcement indicated that the successful candidate would be “the primary representative in charge of major building renewal and improvement projects, expected duration of 13 years, involving planning, design, pre-construction, construction, and close-out.”
The vacancy announcement was for one position, was temporary (not to exceed five years) and was non-restricted, which meant that all individuals including veteran, non-veteran, AOC, and non-AOC individuals could apply for the position. The AOC sought to fill the position through an on-line application system. The vacancy announcement also stated:
Welcome Veterans – The Veterans Employment Opportunities Act of 1998 (VEOA) gives veterans’ preference rights in the legislative branch to certain veterans as applied by the Congressional Accountability Act. Veterans’ preference is applied on this vacancy announcement. If you are a veteran and have been separated under honorable conditions, you must submit a copy of your Certificate of Release or Discharge from Active Duty (DD-214), or other proof of eligibility: Application for 10-Point Veterans’ Preference (SF-15), if applicable and Department of Veterans Affairs documentation of disability, if applicable.
