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U.S. DEPARTMENT OF LABOR
Employment and Training Administration
Washington, D. C. 20210

CLASSIFICATION

UI

CORRESPONDENCE SYMBOL

TEUMI

ISSUE DATE

December 6, 1994

RESCISSIONS

UIPL 25-83 and Changes 1-12 of UIPL 25-83

EXPIRATION DATE

December 31, 1995

DIRECTIVE

:

UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 03-95

 

TO

:

ALL STATE EMPLOYMENT SECURITY AGENCIES

 

FROM

:

MARY ANN WYRSCH
Director
Unemployment Insurance Service

 

SUBJECT

:

UCX Narrative Reasons for Separation from the Military Service

  1. Purpose. To transmit new instructions to the State Employment Security Agencies (SESAs) for their use in determining individual eligibility for UCX benefits.

  2. References. 5 U.S.C. 8521, 20 CFR Part 614, UIPLs 18-89 and 47-94 and GAL 3-92.

  3. Background. The Department of Defense (DOD) and the Department of Transportation (DOT) have informed us that, effective October 1, 1993, all military services began using a standard list of narrative reasons for separation from service in item 28 on all Certificates of Release or Discharge from Active Duty (DD Form 214). This standard list is used when an ex-servicemember does not complete a first full term of service, but has met the other requirements for "Federal service" under 5 U.S.C. 8521(a)(1). Such a list makes it possible for the Department of Labor (DOL) to provide SESAs a list of common terminology used by the branches of the military services that will simplify and expedite the processing of UCX claims.

    DOL is currently consulting with the DOD and the DOT to finalize the standardized list of "acceptable" narrative reasons for separation for UCX qualifying purposes. The standardized narrative reasons fo separation for all areas, except those dealing with "inaptitude," have been prepared.

    In order not to further delay the issuance of guidance to the SESAs, DOL is issuing this directive at this time covering all "acceptable" narrative reasons for separation, except those dealing with "inaptitude." The list of "acceptable" narrative reasons for separation will be amended when a decision is made involving narrative reasons for separation for "inaptitude." (See Section 4.f of this directive for further guidance in this regard.)

  4. Instructions. The previous list of acceptable narrative reasons for separation was disseminated to the SESAs in UIPL 25-83 and Changes 1 through 12 to UIPL 25-83, and these UIPLs are now rescinded. DOL is providing the new consolidated list as an Attachment to this UIPL.

    DOL has determined which narrative reasons for separation are acceptable for UCX qualifying purposes. The SESAs shall follow the instructions in this UIPL in determining "Federal service" under 5 U.S.C. 8521(a)(1) for all branches of the armed forces.

    1. UCX First Claim  General Requirements. In determining whether an ex-servicemember has performed "Federal service" under 5 U.S.C. 8521(a)(1) for purposes of paying UCX, the SESA will first ascertain if the ex-servicemember:

      1. Performed active service, either in a regular or reserve status (active service in a reserve status must be for a continuous period of 90 days of more);

      2. Separated "under honorable conditions" and if an officer, did not resign for the good of the service; and

      3. Was discharged or released after completing the first full term of service which the individual initially agreed to serve. If the member did not complete such first full term of service, then the narrative reason for separation in item 28 of the DD Form 214 must include an entry that is contained on the list of "acceptable" narrative reasons for separation issued by DOL in order for the ex-servicemember to qualify as having performed "Federal service."

    2. UCX First Claim  Ex-servicemember Not Member of National Guard or Reserve. If the ex-servicemember filing a UCX first claim is not identified as a member of the National Guard or Reserve, the SESA will then determine if the ex-servicemember was separated from the military service after completing a first "full term of active service" or, if earlier, was separated under a specified reason provided under 5 U.S.C. 8521(a)(1)(B)(ii)(I)-(IV).

      If the ex-servicemember was separated from the armed forces after completing a "first full term of active service," and was also separated "under honorable conditions" (or, if an officer, did not resign for the good of the service), the SESA will not utilize the attached list of "acceptable" narrative reasons for separation in order to determine whether that ex-servicemember performed "Federal service." In such case, the ex-servicemember has met the UCX qualifying requirements at 5 U.S.C. 8521(a)(1)(A) and (B)(i), and such period of service in the armed forces is considered to be "Federal service" for UCX qualifying purposes. In making this determination for an ex-servicemember who did not complete a "first full term of active service," the SESA shall be guided by the attached list of "acceptable" narrative reasons for separation. In this case, the ex-servicemember's military service will be used to support a finding of "Federal service" under 5 U.S.C. 8521(a)(1) if:

      1. The ex-servicemember's separation was "under honorable conditions" (or, if an officer, did not resign for the good of the service); and

      2. The narrative reason for separation shown on the DD Form 214 conforms to the list of "acceptable" narrative reasons for separation issued by this Department.

        If the narrative reason for separation is not on the list of "acceptable" narrative reasons for separation issued by this Department, the ex-servicemember's military service covered by the period of the applicable DD Form 214 is not "Federal service" within the meaning of 5 U.S.C. 8521(a)(1). This period of military service may not be used to support UCX entitlement.

    3. UCX First ClaimEx-Servicemember is a Member of the National Guard or Reserve.  If the ex-servicemember filing a UCX first claim is identified as a member of the National Guard or Reserve who has previously served in the regular Armed Forces, the SESA will then determine if the ex-servicemember's most recent period of military service equalled 90 days or more of continuous active duty in a reserve status. In addition, the individual must be discharged or separated under honorable conditions (or, if an officer, did not resign for the good of the service) after completing the first full term of service, unless separated earlier for a reason shown on the DD Form 214 that is on the list of "acceptable" narrative reasons for separation issued by this Department.

      NOTE: In some instances, an individual may join a branch of the Armed Forces in a reserve capacity without having previously served any active service in the regular Armed Forces. In such case, to meet the criteria for Federal service at 5 U.S.C. 8521(a)(1), the ex-servicemember must have at least 90 continuous days of active duty in a reserve status and be discharged or separated from that active duty in a reserve status under honorable conditions (and, if an officer, did not resign for the good of the service). The provisions of 5 U.S.C. 8521(a)(1)(B) relating to completion of the first full term of active service which the individual initially agreed to serve are not applicable because the ex-servicemember does not have a first full term of active service.

    4. Narrative Reason for Separation Missing or Incomplete Information.  If item 28 of the ex-servicemember's DD Form 214, "Narrative Reason For Separation," is blank, the SESA will send a Form ETA 8-43, UCX Request for Military Information, to the appropriate branch of the military service requesting the specific narrative reason for separation. Also, if information in item 28 appears incomplete, a Form ETA 8-43 will be used to obtain clarification from the appropriate branch of the military service.

      When a Form ETA 8-43 is used to clarify the "narrative reasons for separation," the information requested by the SESA from the military service in item 16 of the Form ETA 8-43 will be specific and complete.

      The military service must not be asked some general question as to whether the ex-servicemember is eligible for UCX under 5 U.S.C. 8521(a)(1). The SESA is responsible for making a UCX determination for eligibility based on the Federal findings on the DD Form 214.

      1. When a Form ETA 8-43 is used to obtain clarification of the DD Form 214, the SESA will attach a copy of the ex-servicemember's DD Form 214.

      2. If the narrative reason for separation shown on the ex-servicemember's DD Form 214 is clear and complete, but the claimant disagrees with such findings, the claimant will be instructed to write to the branch of the military service that issued the DD Form 214 in order to request a correction of the Federal findings. Under such circumstances, the claimant will be informed that the UCX law provides that findings of the Federal military service must be accepted by the SESA as "final and conclusive" for determining UCX entitlement, but that the claimant may initiate a request for correction of the military finding with the appropriate branch of the military service.

        At the request of the claimant, the SESA shall forward the request for correction of the military finding, and any supporting material provided by the claimant, to the appropriate branch of the military service. (See 20 CFR 614.22(a).)

    5. Completion of First Full Term of Active Service.

      1. For U.S. Army and U.S. Air Force Separatees.  SESAs shall follow the guidance contained in UIPLs 18-89 and 47-94 and paragraph (3) of this subsection below.

      2. For U.S. Coast Guard, U.S. Marine Corps, and U.S. Navy Separatees.  Any combination of prior active service in item 12.d and net active service in the current period shown in item 12.c of an ex-servicemember's DD Form 214 that meets or exceeds the amount of active service normally required for completion of a "first full term of active service" will constitute constructive completion" of the ex-servicemember's "first full term of active service." These branches of the military service have informed this Department that the term of enlistment may range from 2 to 6 years. For example, a former Navy servicemember who had a 4-year enlistment and who completed 2 years of prior active service and 2 years of active service on the current enlistment would be considered to have completed 4 years of active service and receive credit for "constructive completion" of the "first full term of active service" which was agreed to be served.

        In the example outlined above, the SESA will not utilize the attached list of "acceptable" narrative reasons for separation in order to determine whether the ex-servicemember performed "Federal service" since the ex-servicemember has met the requirements for completion of a "first full term of active service" under the "constructive completion" concept. The SESA will then determine if the ex-servicemember's separation was "under honorable conditions" (and, if an officer, did not resign for the good of the service), and, if the ex-servicemember's separation meets this requirement, the ex-servicemember is considered to have performed "Federal service" for UCX qualifying purposes.

      3. The constructive completion concept applies only to members of the regular armed services in active duty service. It does not apply to reservists who are on active duty in a reserve status. Active service (regular) and active duty (reservist) may not be combined for UCX qualifying purposes.

    6. Effective Date.  The Attachment to this directive containing the new consolidated list of "acceptable" narrative reasons for separation for determining "Federal service" for military separatees is effective for all separations from the military services on and after the date of this directive.

      DOL will be issuing a change to this UIPL containing an amended list of "acceptable" narrative reasons for separation which includes those dealing with "inaptitude." The change to this UIPL will be retroactive to the issuance of this directive. The reason for a retroactive effective date of the forthcoming change to this UIPL is to provide equal treatment to all ex-servicemembers separated or discharged before completing their first full term of active service and whose narrative reason for separation is on the "acceptable" list issued by DOL. The authority for the retroactive application of the forthcoming change to this UIPL is contained at 20 CFR 614.9(a). DOL has determined that it would be inconsistent with Federal law to apply State law redetermination time limitations to UCX claims involving the narrative reasons for separation that will be included on the forthcoming amended list of "acceptable" narrative reasons for separation.

  5. Action Required. The above information and the attachment to this directive should be provided to appropriate staff members.

  6. Inquiries. Direct inquiries to the appropriate Regional Office.

  7. Attachment. "ACCEPTABLE" Narrative Reasons for Separation Meeting the Requirements of 5 U.S.C. 8521(a)(1)(B)(ii)(I)-(IV)

     

     


     

     

    "ACCEPTABLE" Narrative Reasons for Separation Meeting the Requirements of 5 U.S.C. 8521(a)(1)(B)(ii)(I)-(IV)

     

    For the convenience of the government under an early release program (5 U.S.C. 8521(a)(1)(B)(ii)(I))

    Medal of Honor Recipient

    Completion of Required Active Service

    Insufficient Retainability (Economic Reasons)

    Reduction in Force

    To Attend School

    Holiday Early Release Program

    Defective Enlistment Agreement

    Erroneous Entry (Other)

    Intradepartmental Transfer

    Because of medical disqualification, pregnancy, parenthood or

    Service-incurred injury or disability (5 U.S.C. 8521(a)(1)(B)(ii)(II))

    Pregnancy or Childbirth

    Parenthood or Custody of Minor Children

    Conditions, not Disability

    Disability, Severance Pay

    Disability, Permanent

    Disability, Temporary

    Disability, Existed Prior to Service, PEB

    Disability, Existed Prior to Service, Med BD

    Disability, Aggravated

    Disability, Other

    Because of hardship (5 U.S.C. 8521(a)(1)(B)(ii)(III))

    Surviving Member

    Hardship

    Because of personality disorders or inaptitude, but only if the service was continuous for 365 days or more (5 U.S.C. 8521(a)(1)(B)(ii)(IV))

    Personality Disorder