EEOICPA BULLETIN NO. 03-21

EEOICPA BULLETIN NO.03-21

Issue Date: April 2, 2003

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Effective Date: April 2, 2003 ________________________________________________________________

Expiration Date: April 2, 2004

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Subject: Coverage of Uniformed Members of the Military

Background: DEEOIC has received several claims for compensation under the Act brought by persons, or their survivors, who based their claims exclusively upon service in the United States military. These claims raised questions as to whether members of the military would qualify as "covered employees" under EEOICPA. The military services include the Army, Navy, Air Force, and Marine Corps. Other organizations within the military, such as the Army Corps of Engineers, would also be affected.

It has been determined that a claimant seeking benefits under EEOICPA cannot obtain such benefits based upon service in the military. However, civilian personnel employed in the military services may be eligible for benefits under EEOICPA.

Reference: Energy Employees Occupational Illness Compensation Act of 2000, 42 U.S.C. § 7384 et seq.

Purpose: To provide procedures for processing claims from uniformed members of the military.

Applicability: All staff.

Actions:

1. When a new claim for compensation is submitted, the claims examiner (CE) reviews the documentation submitted with the EE-1 or EE-2 and EE-3 forms. Based on this review, the CE determines whether the claimant has identified any service in the U.S. military.

2. Development of any non-military employment should proceed in the usual manner. If the evidence is unclear as to whether employment is military or non-military, the claimant should be asked to provide clarification. The CE must review any documentation submitted by the claimant and undertake any additional development necessary to clarify the individual’s employment status. Upon finding that the claimed employee has military service, and it is the sole "employment" listed on the EE-3 form, the CE must deny the claim. The CE will issue recommended decisions denying the claim on the basis that service in the U.S. military service does not qualify as covered employment under any provision of the EEOICPA.

3. In the conclusions of law portion of the recommended decision, the CE explains that there is no provision for coverage of military service under the EEOICPA. The following wording should be inserted as a summary of the DEEOIC policy. "It has been determined that Congress did not expressly direct that military personnel be included as covered employees under the Act. Military personnel suffering from injuries resulting from Government service are already covered under a separate benefits program for veterans."

4. If military service is just a part of the employment claimed on the EE-3 form, the CE will only undertake development concerning the non-military claimed employment period(s).

5. The handling of cases involving civilian employees of any of the military services, including the Army Corps of Engineers, will be the subject of a future bulletin, currently under development. The CE must hold all such cases until formal guidance, in the form of a bulletin, is issued.

Disposition: Retain until incorporated in the Federal (EEOICPA) Procedure Manual.

PETER M. TURCIC

Director, Division of Energy Employees

Occupational Illness Compensation

Distribution List No. 1: Claims Examiners, Supervisory Claims Examiners, Technical Assistants, Customer Service Representatives, Fiscal Officers, FAB District Managers, Operation Chiefs, Hearing Representatives, District Office Mail & File Sections