quire a veteran to accept employment in a different location unless the employer had the right to so transfer the veteran at will at the time the veteran entered active military service. If, however, the establishment at which the veteran was employed has been moved to another location, the employer is obligated to restore the veteran to employment at the new location if he is qualified for reinstatement under the law.

306.13 Federal Employees.-(a) The rights after reinstatement of a veteran who is restored to employment in the Federal Government are somewhat distinctive. Those rights are granted either under rules and regulations of the United States Civil Service Commission or by statute, and may properly be considered separately from the rights after reinstatement of veterans returning to employment in private industry.

(b) Generally speaking, Federal employees are divided into two categories for purposes of determining reemployment rights after reinstatement: (1) persons who were serving under permanent or indefinite appointments (including probationary appointees in classified positions), and (2) persons who were serving under war-service appointments. The positions of persons in the first category are covered by statute and those persons are entitled to all the rights given under the law as well as the provisions of Civil Service Regulations. Persons in the second category have no rights under the law and therefore must rely upon Civil Service Regulations for all reemployment benefits.

(c) Persons who were serving under permanent or indefinite appointments (including probationary appointees in classified positions) are entitled to receive, upon restoration to civilian positions, the salary rate received prior to entrance into active military service plus any within-grade advancement, or advancements, which they would have received had they remained in their civilian positions. They must be restored to a duty status within 30 days after making application for reinstatement if qualified under the law.

(d) Persons serving under original war-service appointments (i. e., for the duration of the war or for the duration of the war and 6 months thereafter) are regarded as temporary employees within the meaning of the law (Op. Atty. Gen. May 26, 1943), and for this reason are not entitled to demand reemployment benefits under the law. However, under War Service Regulation XIII, United States Civil Service Commission, if a war-service appointee is discharged from active military service prior to termination of the war, he is entitled to substantially the same reemployment benefits as are provided for permanent employees under the law, except that he is not required to be retained in employment beyond the limitation placed upon his original appointment and no permanent employee with statutory reemployment rights may be removed or denied reemployment in order that he may be reemployed.

PART IV

CHAPTER 1

DISCHARGE

401.1 Discharge, Review of.

401.2 Discharge Certificates, Loss of.

401.3 Discharge Certificate, Photostatic Copy of. 401.4 Discharge Certificate, Recording of.