PRE-EMPLOYMENT AND OTHER MEDICAL EXAMINATIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-00434A000300030006-9
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 2
• Document Creation Date: December 9, 2016
• Document Release Date: July 24, 2000
• Sequence Number: 6
• Publication Date: May 11, 1949
• Content Type: MEMO

0
) /
oG~ 43
P79-00434 0300030006-9
ce Memorandum ? UNITED STATES GOVERNMENT
Chief, Medical Services
DATA : , May 1949
FROM : Office of the General Counsel
SUBJECT: Pre-employment and Other Medical Bxamination~
Approved For Release 2000/08/24. 9-00434AOOO3 Q,-3P006-9
Approved For Rele s 000/08/
To: TS S (0
17$ _ BY:/V
1. In regard to the physical standards established under Section
VIII, "Mental Disease or Nervous Breakdown," 3. "Psychoneuroses",, it is
noted that an applicant with a history of psychoneurosis may receive an
appointment provided it is. determined that he can perform his duties
satisfactorily without hazard to himself, others, or the Agency. As a
condition to acceptance,?it mast be established that the person has
shown an "adequate adaptation to environmental conditions for a period of
not less than a year following a diagnosis of a mental condition or a
hospitalization for the same." It goes on to state that: "Such a ruling
shall be extended to apply to persons entitled to veteran preferences."
2. Since some future question may be raised in regard to veterans,
for purposes of the record we feel that this statement is perfectly proper
as an indication of our policy that veterans will receive the privileges
accorded them by statute. The "Veterans, Preference Act of 19414." grants
a spoint preference to a veteran simply on the basis of his service and
a 1O point preference to a veteran who can establish the present existence
of a service-connected disability. Requirement for an examination is
established under the Act. However, the standards set by this Agency are
not in conflict with those of the Civil Service Commission since our employees
come within the excluded Schedule A classification. In the light of a recent
opinion of the Attorney General dated 29 July 1946, it appears proper for
the organization to set a more stringent gauge than that of the Civil Service
Commission. Thus, we may require one year's successful adaptability to en-
vironment for veterans even though Civil Service limits this restriction to
non veterans. In the opinion, the Attorney General states, in reference to
the Veterans, Preference Act of 194, that "there is nothing in the statute
or its legislative history which indicates a desire to transfer all authority
to describe physical standards to the Civil Service Commission." And where
a conflict arose regarding two positions outside the classification of
Civil Service, the decision of the controlling agency was accepted by the
Commission (idem p.6).
3. Section 5 of the Act provides that an examining agency may waive.
the physical requirements provided the veteran is physically able to dis-
charge the. duties for which the examination is given. Although it appears
that the examining agency may establish its own criteria for physical ac-
ceptance when the position is outside the normal Civil Service scope, the
Attorney General states that the Commission is principally concerned with
administration of the Veterans' Preference Act and its opinion in regard
to some general conditions for waiver should be regarded. In this respect,
it is noted that the Commission believes that uniform standards should be
applied to all veterans in regard to waivers for age, height, and weight.
 Approved For Release. 000/08/23 r : JIM9-004WQ00300030006-9
The waiver of any other physical deficiency can be based on the facts
peculiar to the individual situation.
?. We may, of course, encounter the anomalous situation where a
veteran entitled to a 10 point preference is not acceptable to the
Agency, since the disability entitling him to the preference will dis-
qualify him for employment.
25X1A9a
Approved For Release 2000/08/23 : Pf9-00434A000300030006-9