When FBI employees face suspension or removal, one question determines whether they can appeal to the Merit Systems Protection Board (MSPB):
Are you “preference eligible”?

The term sounds technical, but its meaning is critical. “Preference eligible” status is what separates FBI veterans who can fight their discipline before an independent tribunal from those limited to internal FBI or DOJ review.

Here’s what that term means — and how it can dramatically affect your rights.

What “Preference Eligible” Means Under Federal Law

Federal law defines “preference eligible” in 5 U.S.C. § 2108.
In simple terms, it refers to certain veterans and family members who receive hiring or retention preference because of military service.

You are generally considered preference eligible if you meet one of the following:

  • You served on active duty in the Armed Forces during a war, campaign, or expedition for which a campaign badge was authorized;

  • You served during the Korean War, Vietnam War, Gulf War, or after 9/11;

  • You have a service-connected disability, or you receive VA disability compensation;

  • You are the spouse, widow(er), or mother of a disabled or deceased veteran who meets these criteria.

This status gives veterans added protection across the federal government — including in the FBI’s unique personnel system.

Why “Preference Eligible” Matters at the FBI

Most FBI positions are in the excepted service, meaning they are not covered by the same Title 5 civil-service rules that apply to other agencies.
As a result, most FBI employees cannot appeal adverse actions to the MSPB.

The exception is carved out in 5 U.S.C. § 7511(b)(8):

Preference-eligible employees of the Federal Bureau of Investigation are entitled to appeal certain adverse actions to the MSPB.

That means if you are a qualifying veteran, you can appeal removals, demotions, or suspensions of more than 14 days — even though your non-veteran colleagues cannot.

This protection ensures that the FBI cannot remove or suspend eligible veterans without giving them the same procedural safeguards available to most other federal workers.

What Actions Preference-Eligible FBI Employees Can Appeal

If you are preference eligible, the MSPB generally has jurisdiction over:

  • Removals (terminations)

  • Demotions or reductions in grade/pay

  • Suspensions exceeding 14 days

  • Certain performance-based actions under Chapter 43

These actions are known as “adverse actions.”
To appeal, you must file your MSPB petition within 30 days of the effective date of the action or receipt of the final decision letter. (mspb.gov)

What Preference-Eligible Does Not Cover

  • Whistleblower reprisal claims follow a different statute — 5 U.S.C. § 2303(d) — and require first filing with DOJ’s OIG or OPR before any MSPB appeal.

  • USERRA (military-service discrimination) claims are excluded from MSPB jurisdiction for FBI employees. See Erlendson v. DOJ, 2014 MSPB 61.

  • Senior Executive Service (SES) members are not considered preference eligible.

In other words, “preference eligible” helps only for specific adverse actions — not every workplace dispute or retaliation scenario.

How to Verify Your Preference Eligibility

  1. Check your DD-214 for qualifying service dates and campaign medals.

  2. Confirm any VA disability rating or benefits letter.

  3. Review your SF-50 (Notice of Personnel Action) — it often lists your veterans’ preference code.

  4. Consult a federal employment attorney if you’re unsure. A legal review can confirm whether your service qualifies and how to assert those rights in an appeal.

How NSLF Helps Veterans in the FBI

At National Security Law Firm, we’re proud to represent veterans continuing their service in federal law enforcement.
Our attorneys — many of them former service members and federal prosecutors — understand both the military and federal personnel systems.

We can help you:

  • Determine whether you are preference eligible;

  • File an MSPB appeal within the 30-day deadline;

  • Protect your security clearance and benefits during the appeal; and

  • Strategically coordinate any related whistleblower or EEO claims.

Why NSLF:

  • 4.9-star Google reviews from clients nationwide

  • Nationwide representation from our Washington, D.C. headquarters

  • Attorneys with insider DOJ and military experience

  • Founded by disabled veterans who fight for those who served

Learn more about your rights at our
FBI MSPB Appeal Rights Page or our
Federal Employment Law Hub.

More Resources for FBI Employees

Understanding your rights as an FBI employee can be complex — especially when terms like “preference eligible” determine whether you can appeal discipline at all. These related guides help you see the bigger picture:

Each of these guides dives deeper into one part of your rights under 5 U.S.C. §§ 2108, 2303(d), and 7511(b)(8) — giving you the complete picture of how to defend your career from inside the Bureau.

Ready to Take the Next Step? Let’s Talk

If you’re a veteran serving in the FBI and you’ve received a suspension, demotion, or removal notice, don’t assume you’re powerless. You may have rights that your agency hasn’t explained.

Book your free consultation today: nationalsecuritylawfirm.com/book-consult-now

National Security Law Firm: It’s Our Turn to Fight for You.