UIPL_30-20.pdf

ETA Advisory File Text

EMPLOYMENT AND TRAINING ADMINISTRATION ADVISORY SYSTEM U.S. DEPARTMENT OF LABOR Washington D.C. 20210 CLASSIFICATION Unemployment Insurance CORRESPONDENCE SYMBOL OUI DUIO DATE September 24 2020 RESCISSIONS UIPL NO 09-10 EXPIRATION DATE Continuing ADVISORY TO UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 30-20 STATE WORKFORCE AGENCIES FROM JOHN PALLASCH Assistant Secretary SUBJECT Acceptable Narrative Reasons for Separation Used in the Unemployment Compensation for Ex-servicemembers UCX Program and Processing Discrepancies. 1.Purpose. To provide an updated consolidated list of acceptable narrative reasons for separation from military service for UCX qualifying purposes and to provide states with procedures to follow when unable to clarify narrative reasons for separation with the military. 2.Action Requested. Administrators should distribute this directive and the attachment to appropriate staff. 3. Summary and Background. a.Summary The attachments to this Unemployment Insurance Program Letter UIPL provide the acceptable narrative reasons for separation from military service for UCX qualifying purposes. b .Background States administer the UCX program on behalf of the Federal government under agreements with the U.S. Department of Labor the Department . Under these agreements States must follow the Department s guidance in operating the program. In general ex-servicemembers must be honorably discharged and complete their first full term of service in order to qualify for UCX. Effective October 1 1993 all military branches began using a standard list of narrative reasons for separation from service which is reflected on the Certificate 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 . The list ensures states use the same terminology used by all military branches to simplify and expedite the processing of UCX claims. Periodically the U.S. Department of Defense DOD updates its separation reasons. When this happens the Department publishes an updated list of acceptable narrative reasons for separation that states must use in making determinations of UCX eligibility. 2 DOD has recently updated its narrative reasons for separation. The Department in consultation with the DOD has finalized the standardized list of acceptable narrative reasons for separation for UCX qualifying purposes that states should use when determining UCX eligibility. The Department instructs states in ET Handbook No. 384 Handbook on Unemployment Compensation for Ex-servicemembers HB No. 384 that the narrative reasons for separation listed on the DD Form 214 must match verbatim with one of the acceptable narrative reasons for separation published by the Department. However to ensure ex-servicemembers are paid benefits when due and to expedite resolution of discrepancies on the narrative reason listed on the DD Form 214 the Department is modifying the instruction in HB No. 384. The new instructions address instances when the narrative reason provided on the DD Form 214 is not verbatim but substantially matches an acceptable narrative reason for separation for UCX qualifying purposes provided in this UIPL. We anticipate completing the handbook updates in the near future. In this context a narrative separation reason will substantially match if the reason on the DD Form 214 has the same meaning as one of the acceptable narrative reasons for separation i.e. different words are used but the meaning appears to be the same there the reason the narrative separation reason does not match is due to typographical errors in the narrative reason on the DD Form 214 but the errors do not change the meaning the narrative separation reason contains extra words that do not make sense or appear to have been included by mistake e.g. both officer and enlisted are used when it is clear only one of them apply based on the pay grade or the narrative separation reason appears to be missing obvious words e.g. DD Form 214 indicates Early Retirement but does not include From Service that can be inferred. 4. Instructions. a. New Acceptable Narrative Reasons for Separation. DOD has advised the Department that there are several new or modified reasons used for military separations. Block 28 of the DD Form 214 contains the narrative reason for separation. After consultation with the DOD the Department has determined which reasons should be included in the list of acceptable narrative reasons for separation for UCX purposes. There are two attachments to this UIPL. Attachment I provides the new Acceptable Narrative Reasons for Separation along with a summary of whether or not the narrative is new or modified. Attachment II provides a comparison of the Acceptable Narrative Reasons for Separation found in UIPL No. 09-10 and the Acceptable Narrative Reasons for Separation found in this UIPL. 3 b. New Procedures for Resolving Minor Discrepancies between the Narrative Reasons for Separation Entered on the DD Form 214 and the Official Acceptable Narrative Reasons for Separation Provided by the Department. If the narrative separation reason provided on the DD Form 214 substantially matches a reason on the acceptable narrative reasons for separation UIPL provided by the Department states are to follow the instructions below 1. Send a message to the military branch via the 843 process or the process in the Military-State Data Exchange Service to advise the military that a. The narrative reason provided on the DD Form 214 does not match verbatim one of the reasons listed on the acceptable narrative reasons for separation agreed upon by DOD and the Department b. The reason listed on the DD Form 214 must match verbatim one of the reasons on the acceptable narrative reasons for separation UIPL that the DOD and the Department agreed to or the ex-servicemember will be unable to use the military wages to establish a UCX claim c. There is an acceptable narrative reason that closely matches the reason provided on the DD Form 214 and provide the military with the proposed acceptable narrative reason for separation that most closely matches the narrative separation reason provided on the DD Form 214 and d. The state is requesting the military branch to confirm whether the proposed narrative separation reason in c above can be used instead of the narrative reason provided on the DD Form 214 to process the UCX claim. 2. If the military branch authorizes the state to use the proposed acceptable narrative reasons for separation provided from the UIPL in place of the one on the DD Form 214 process the UCX claim using the acceptable narrative reason for separation authorized by the military. Document on the claim that the military agreed to the use of a different acceptable narrative reason for separation. 3. If the military branch does not authorize the state to use the acceptable narrative reasons for separation provided in the UIPL contact the Department s UCX Regional Office program lead and request that the Department follow up with the military branch. The Department will follow up with the military branch and provide a final response regarding whether or not the proposed acceptable narrative reason for separation can be used to determine eligibility for that individual case. 5. Inquiries. Please direct inquiries to the appropriate Regional Office. 6. References. 5 U.S.C. 8521 a 1 https www.law.cornell.edu uscode text 5 8521 4 20 Code of Federal Regulations Chapter V Part 614 https www.ecfr.gov cgi-bin text- idx SID ac956c6fb4f551913075bed00aa183ba mc true node pt20.3.614 rgn div5 ET Handbook No. 384 Handbook on Unemployment Compensation for Ex- Servicemembers UCX https wdr.doleta.gov directives corr doc.cfm DOCN 465 and UIPL No. 09-10 Acceptable Narrative Reasons for Separation for the Unemployment Compensation for Ex-servicemembers UCX program issued January 15 2010 https wdr.doleta.gov directives corr doc.cfm DOCN 2845 . 7. Attachments. Attachment I Acceptable Narrative Reasons for Separation for UCX Qualifying Purposes Attachment II Explanation of changes to Acceptable Narrative Reasons for Separation from UIPL No. 09-10 Attachment I - 1 Attachment I Acceptable Narrative Reasons for Separation for UCX Qualifying Purposes The following are acceptable narrative reasons for separation meeting the requirements of 5 U.S.C. 8521 a 1 B ii I through IV and 20 CFR part 614. Acceptable Narrative Reasons that DO NOT Require 365 Days Of Continuous Service Status Alcohol Rehabilitation Failure No longer requires365 Days Of Continuous Service Attend Civilian School No change Civil Office New Completion of Required Active Service No change Condition Not A Disability No change Defective Enlistment Agreement No change Disability Temporary IDES New Disability Temporary Legacy DES New Disability Aggravation IDES New Disability Aggravation Legacy DES New Disability Combat Related IDES New Disability Existed Prior To Service Med Board IDES New Disability Existed Prior To Service Med Board Legacy DES New Disability Existed Prior To Service PEB Legacy DES New Disability Existed Prior To Service PEB IDES New Disability Not In Line Of Duty Legacy DES New Disability Not In Line Of Duty IDES New Disability Other IDES New Disability Other Legacy DES New Disability Permanent IDES New Disability Permanent Legacy DES New Disability Severance Pay Legacy DES New Disability Severance Pay Combat Related IDES New Disability Severance Pay Combat Related Non VA Recoupable Legacy DES New Disability Severance Pay Not Combat Related IDES New Integrated Disability Evaluation System IDES Disability Evaluation System DES Attachment I - 2 Acceptable Narrative Reasons that DO NOT Require 365 Days Of Continuous Service cont. Status cont. Disability Severance Pay Not Combat Related Legacy DES New Disability Temporary Legacy DES New Disability Temporary IDES New Drug Rehabilitation Failure No longer requires 365 Days Of Continuous Service Early Retirement From Service New Early Separation New Failed Medical Physical Procurement Standards New Force Shaping Board Selected No change Force Shaping VSP New Hardship New Insufficient Retainability Economic Reasons No change Maximum Age New Non-Retention On Active Duty No longer requires 365 Days Of Continuous Service Non-Selection Permanent Promotion No longer requires 365 Days Of Continuous Service Non-Selection Temporary Promotion No longer requires 365 Days Of Continuous Service Parenthood Or Custody Of Minor Children No change Pregnancy Or Childbirth No change Reduction In Force No change Surviving Family Member No change Surviving Family Member - Sole Survivorship New Narrative Reasons for Separation which require 365 Continuous Days of Service BEFORE being applicable Acceptable Narrative Reasons that REQUIRE 365 Days of Continuous Service Status Conscientious Objector No change Ecclesiastical Endorsement No change Failure To Complete A Commission or Warrant Program No change Failure To Complete A Course Of Instruction No change Physical Standards No change Substandard Performance No change Unsatisfactory Performance No change Weight Control Failure No change Attachment II - 1 Attachment II Explanation of changes to Acceptable Narrative Reasons for Separation from UIPL No. 09-10 Acceptable narrative reasons for separation from UIPL No. 09-10 Status of narrative in this UIPL Attend Civilian School No change Completion of Required Active Service No change Condition not a Disability No change Condition not a Disability Involuntary in lieu of a Board Deleted Conditions not Disability Resignation Deleted Defective Enlistment Agreement No change Disability Aggravation Deleted Disability Aggravation Enhanced Deleted Disability Existed Prior to Service Med Board Deleted Disability Existed Prior to Service Med Board Enhanced New Disability Existed Prior to Service PEB Deleted Disability Existed Prior to Service PEB Enhanced Deleted Disability Not in Line of Duty Deleted Disability Not in Line of Duty Enhanced Deleted Disability Other Deleted Disability Other Enhanced Deleted Disability Permanent Deleted Disability Permanent Enhanced Deleted Disability Severance Pay Deleted Disability Severance Pay Enhanced Deleted Disability Severance Pay Combat Related Deleted Disability Severance Pay Combat Related Enhanced Deleted Disability Severance Pay Non- Combat Deleted Disability Severance Pay Non- Combat Related Enhanced Deleted Disability Temporary Deleted Disability Temporary Enhanced Deleted Erroneous Entry Other Deleted Force Shaping Board Selected No change Force Shaping -VSP Voluntary Separation Pay Deleted Hardship General Deleted Hardship Resignation Allowed due to Support of a Dependent Deleted Hardship Servicemember Initiated due to Dependency Deleted Holiday Early Release Program Deleted Insufficient Retainability Economic Reasons No change Intradepartmental Transfer Deleted Medal of Honor Recipient Deleted Attachment II - 2 Prior Acceptable Narrative Reasons for Separation cont. Current Status Miscellaneous General Reasons Deleted Parenthood or Custody of Minor Children No change Pregnancy or Childbirth No change Reduction in Force No change Surviving Family Member No change Prior Narrative Reasons for Separation which required 365 Continuous Days of Service BEFORE being applicable Adjustment Disorder Deleted Alcohol Rehabilitation Failure No longer requires 365 Days of Continuous Service Conscientious Objector No change Disruptive Behavior Disorder Deleted Drug Rehabilitation Failure No longer requires 365 Days of Continuous Service Ecclesiastical Endorsement No change Erroneous Entry Alcohol Abuse Deleted Erroneous Entry Drug Abuse Deleted Failure to Complete a Commission or Warrant Program No change Failure to Complete a Course of Instruction No change Homosexual Conduct Acts Deleted Homosexual Conduct Marriage or Attempted Marriage Deleted Homosexual Conduct Statement Deleted Impulse Control Disorder Deleted Mental Disorder other Deleted Military Personnel Security Program Deleted Non-retention on Active Duty Deleted Non- selection Permanent Promotion Deleted Non-selection Temporary Promotion Deleted Personal Alcohol Abuse Deleted Personal Drug Abuse Deleted Personality Disorder Deleted Physical Standards No change Secretarial Authority Deleted Substandard Performance No change Unsatisfactory Performance No change Weight Control Failure No change