Comment on FR Doc # 2011-15646

Prior to the Jobs for Veterans Act (JVA) amendments, I was a “protected veteran” under regulations in 41 CFR Part 60-250. Specifically, I was classified a Veteran of the Vietnam Era who: “served on active duty for a period of more than 180 days, and was discharged or released there from with other than a dishonorable discharge, if any part of such active duty occurred between August 5, 1964, and May 7, 1975”. Following implementation of JVA, I claimed veteran protection under the Other Protected Veteran category of regulation 41 CFR Part 60-300 which defines a protected veteran as “A Veteran who served on active duty in the U.S. military, ground, naval or air service during a war or in a campaign or expedition for which a campaign badge has been authorized, under the laws administered by the Department of Defense.” Recently the OFCCP National Office has ruled that my military service does not qualify me for the "other protected veteran" designation because under the definition of “other protected veteran” under VEVRAA at 41 § 60-300.2(p) I had to have been on active duty in the military and serve in the Republic of Vietnam during the Vietnam War to qualify for coverage. I believe that aforementioned is in error and that the "serve in the Republic of Vietnam" requirement applies to the veterans’ preference program and not to the affirmative action program There is no evidence in the Congressional record that supports that it was Congress's intent to for the Jobs for Veterans of 2002 (JVA), as amended in 2007 to eliminate a class of Vietnam War Era veterans previously protected by law. I am an honorably discharged U. S. Marine veteran who in 1972 volunteered to serve during the Vietnam War. I was on active duty from June 1972 to May 1975. I honorably served my country and made myself available during a time of war. Any regulatory policy that denys veterans affirmative action benefits is a policy of ingratitude to those who honorably served.