[Federal Register Volume 65, Number 35 (Tuesday, February 22, 2000)]
[Notices]
[Pages 8746-8747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4133]


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DEPARTMENT OF LABOR

Employment and Training Administration


Unemployment Compensation for Ex-servicemembers (UCX) Program: 
Unemployment Insurance Program Letter Amending the Consolidated List of 
``Acceptable'' Narrative Reasons for Separation Transmitted in UIPL No. 
3-95, Change 2 To Include Separations From the Army Under the Army 
National Guard Combat Reform Initiative Program

    ETA has responsibility for administration of the UCX program, 
providing unemployment compensation benefits for ex-servicemembers. ETA 
issues interpretations affecting the UCX program in Unemployment 
Insurance Program Letters (UIPLs) to the State Employment Security 
Agencies (SESAs). The UIPL described below is published in the Federal 
Register in order to inform the public.
UIPL 9-95, Change 3
    To be eligible for UCX, an ex-servicemember must, among other 
requirements, meet the definition of ``Federal service.'' This requires 
that the servicemember be separated under honorable conditions and have 
completed a first full term of service. If separated before completing 
the first full term, the separation must be for, among other reasons, 
``the convenience of the Government under an early release program.''
    The Department of Labor was recently notified by the Department of 
the Army of an ongoing program called the Army National Guard Combat 
Reform Initiative (ANGCRI). It is an early release program for the 
convenience of the Government mandated by Congress that directs the 
Army to release at least 150 lieutenants each year so they can serve 
the remainder of their active duty obligation in the National Guard. 
The narrative reason, Miscellaneous/General Reasons, is used on DD 
Forms 214 for those lieutenants who separate from active duty before 
completing their first full term under the ANGCRI program. The program 
started with separations occurring May 1, 1999, through September 30, 
1998 (FY 98 Program), and May 1, 1999, through September 30, 1999 (FR 
99 Program) program. This program will be ongoing. Consequently, UIPL 
No. 3-95 Change 3 was transmitted to all SEASs to amend the 
consolidated list of narrative reasons for separation transmitted to 
all SEASs in UIPL 3-95 Change 2.

    Dated: February 15, 2000.
Raymond L. Bramucci,
Assistant Secretary of Labor.

U.S. Department of Labor, Employment and Training Administration, 
Washington, D.C. 20210

Classification: UI

Correspondence Symbol: TEUPDI

Date: February 17, 2000

Directive: Unemployment Insurance Program Letter No. 3-95, Change 3
To: All State Employment Security Agencies
From: Grace A. Kilbane, Administrator, Office of Workforce Security
Subject: UCX Narrative Reasons for Separation from Military Service

    1. Purpose. to amend the consolidated list of ``acceptable'' 
narrative reasons for separation transmitted in Unemployment 
Insurance Program Letter (UIPL) No. 3-95 and UIPL No. 3-95, Changes 
1 and 2 to include separations from the Army under the Army National 
Guard Combat Reform Initiative (ANGCRI) program.
    2. References. UIPL No. 3-95; UIPL No. 3-95, Changes 1 and 2; 5 
U.S.C. 8521(a)(1); 20 CFR Part 614; Section 1111 of P.L. 102-484; 
and Section 514 of P.L. 104-106.
    3. Background. The Department of the Army recently notified the 
Department of Labor (DOL) of an ongoing program, ANGCRI, under which 
Congress directed the Army to release early at least 150 lieutenants 
each year so they can serve the remainder of their active duty 
obligation in the National Guard. This program started with 
separations occurring May 1, 1998, through September 30, 1998 (FY 98 
Program) and May 1, 1999, through September 30, 1999, (FY 99 
Program). This program will be ongoing every year. The narrative 
reason ``Miscellaneous/General Reasons'' is used on DD Forms 214 of 
those lieutenants separating from active duty before completing 
their first full term under this program. However, there is no other 
information on these lieutenants' DD Forms 214 to indicate that they 
are separated under the ANGCRI program.
    4. Instructions. DOL has determined that separations under the 
ANGCRI program are for the convenience of the government under an 
early release/force reduction program. Thus, Army lieutenants 
separated from active duty under this program meet the definition of 
``Federal service'' under 5 U.S.C. 8521(a)(1)(B)(ii)(I). Separations 
under the ANGCRI program occurred between May 1, 1998, through 
September 30, 1998, and May 1, 1999, through September 30, 1999, and 
they will continue every year thereafter for the May 1 through 
September 30 period. Item (Block) 28 ex-servicemembers DD Forms 214 
separated under the ANGCRI program will contain the narrative reason 
for separation ``Miscellaneous/General Reasons.'' However, since 
there is no information on the DD Form 214 that indicates separation 
from active duty under the ANGCRI program, the SESA must require the 
ex-servicemember to provide it with ``Orders to Report'' and 
``Orders of Release'' or ``Orders to Report'' containing an 
endorsement of release which contain information that the 
servicemember was discharged under the ANGCRI program.
    The contents of this directive will also be issued as a Change 
19 to ET Handbook No. 384, Second Edition.
    5. Effective Date. The amendment to the consolidated list of 
``acceptable'' narrative reasons for separation contained in this 
Change 3 to UIPL 3-95 shall be effective for all initial claims 
filed on and after the date of this directive. However, where State 
law permits, monetary determination or redetermination must be 
issued when a claimant requests a determination or redetermination 
on a new or previously denied claim or files an additional or 
renewed claim for benefits. Any determination or redetermination of 
monetary eligibility must be based on the list of ``acceptable'' 
narrative reasons for separation attached to this Change 3 of UIPL 
3-95.
    Determinations or redeterminations required by this Change 3 to 
UIPL 3-95 may result in the payment of benefits for retroactive 
weeks of unemployment to ex-servicemembers separated under the 
ANGCRI program. The reason for this is that the category of 
servicemembers separated under the ANGCRI program (which fits within 
the scope of discharges for the convenience of the government under 
an early release program) was inadvertently left off the list of 
narrative reasons for separation issued with UIPL 3-95, Change 2.
    6. Action Required. SESAs are required to:
    a. Distribute the contents of this directive and the attachment 
to all appropriate staff members.
    b. Destroy the Attachment to UIPL 3-95 Change 2 and utilize the 
Attachment to this Change 3 to UIPL 3-95.
    c. Announce in a newspaper of general circulation, and in other 
appropriate media such as veterans publications, the application of 
the operating instructions contained in this directive and their 
effect on UCX eligibility. The announcements shall include mention 
of the authority under 20 CFR 614.9(a) to issue determinations or 
redeterminations.
    7. Inquiries. Direct inquiries to the appropriate Regional 
Office.
    8. Attachment. Revised List of ``Acceptable'' Narrative Reasons 
for Separation Meeting the Requirements of 5 U.S.C. 
8521(a)(1)(B)(ii)(I)-(IV).

Attachment

Narrative Reasons for Separation

    ``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)

[[Page 8747]]

Reduction in Force
To Attend School
Holiday Early Release Program
Defective Enlistment Agreement
Erroneous Entry (Other)
Intradepartmental Transfer*
Miscellaneous/General Reasons* *(see below)

    * Effective for separations on or after September 1, 1994.
    ** Pertaining only to Army Lieutenants' separations under the 
ANGCRI program occurring May 1, 1998 through September 30, 1998 and 
May 1, 1999 through September 30, 1999, and every year thereafter 
for the May 1 through September 30 period. Also requires ``Orders to 
Report'' and ``Orders of Release'' or ``Orders to Report'' 
containing an endorsement of release to be presented to the SESA 
indicating the servicemember was discharged under the ANGCRI 
program.
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    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

    The following are narrative reasons for separation that DOL has 
determined constitute ``inaptitude'' within the meaning of 5 U.S.C. 
8521(a)(1)(b)(ii)(IV):

Conscientious Objector
Weight Control Failure
Ecclesiastical Endorsement
Secretarial Authority
Physical Standards
Erroneous Entry, Alcohol Abuse
Erroneous Entry, Drug Abuse
Non-selection, Permanent Promotion
Non-selection, Temporary Promotion
Failure to Complete a Commission or Warrant Program
Failure to Complete a Course of Instruction
Unsatisfactory Performance
Substandard Performance
Personal Alcohol Abuse
Alcohol Rehabilitation Failure
Drug Rehabilitation Failure
Military Personnel Security Program
Homosexual Admission
Homosexual Act
Non-retention on Active Duty

    Effective Date: The narrative reasons for separation that the 
Department of Labor (DOL) has determined constitute ``inaptitude'' 
within the meaning of 5 U.S.C. 8521(a)(1)(B)(ii)(IV), listed above, 
shall be effective for all initial claims filed on and after the 
November 10, 1998, issuance date of UIPL No. 3-95, Change 2.
    Where State law permits, new eligibility determinations must be 
issued when: (1) a claimant requests a determination or 
redetermination on a new or previously denied claim, or files an 
additional or renewed claim for benefits, and (2) the claimant's 
military service is recent enough to support a current claim for 
unemployment benefits.
    However, benefits payable based upon a narrative reason for 
separation that DOL has determined constitutes ``inaptitude'' will 
be payable only for weeks of unemployment beginning after November 
10, 1998.

[FR Doc. 00-4133 Filed 2-18-00; 8:45 am]
BILLING CODE 4510-30-M