JTPA Title III eligibility for former armed forces members

Training and Employment Guidance Letter No. 1-92

Issue date: September 18, 1992
Classification: JTPA
Correspondence symbol: TWRA
Expiration date: Continuing

TO: ETA Regional Staff

FROM: Roberts T. Jones, Assistant Secretary of Labor

SUBJECT: Eligibility Under Title III of the Job Training Partnership Act (JTPA) for Members of the Armed Forces Discharged or Released from Active Duty

Purpose. To clarify eligibility under Title III of JTPA for individuals where members of the armed forces who have been discharged or released from active duty.

References. Section 301(a) of the Act; 631.3 of the JTPA Regulations (20 CFR 631.3) published September 22, 1989; Section 1141 of 10 U.S.C. Chapter 58, as amended by the Defense Authorization Act of 1990.

Background. Typically, individuals who were discharged or released from active duty with the armed forces were unlike the traditional "dislocated workers" to be served by Title III. For most who left prior to retirement, the limited period of active duty in the armed forces was an expected step in a career path. With the advent of the volunteer army, many individuals who enlisted did so with the intent of making military service a career. With the reductions in Department of Defense expenditures which are now occurring, a number of these "employees" find themselves involuntarily separated from their chosen career. Reasonable questions, raised by several States, are whether members of the armed forces discharged or released from active duty are eligible for Title III, including the Defense Conversion Adjustment Program, and on what basis the eligibility of these individuals should be determined. Section 502 of the Defense Authorization Act of 1990 includes a definition of "involuntary separation," and authorizes benefits and services from the Department of Defense for members of the armed forces who are faced with involuntary separation. The definition of "involuntary separation" from active duty with the armed forces, now found at Section 1141 of 10 U.S.C. Chapter 58, as amended, is provided here: A member of the Army, Navy, Air Force, or Marine Corps shall be considered to be involuntarily separated for purposes of this chapter if the member was on active duty or full-time National Guard duty on September 30, 1990, and

(1) in the case of a regular officer (other than a retired officer), the officer is involuntarily discharged under other than adverse conditions as characterized by the Secretary concerned;

(2) in the case of a reserve officer who is on the active duty list or, if not on the active duty list, is on full-time active duty (or in the case of a member of the National Guard, full-time National Guard duty) for the purpose of organizing, administering, recruiting, instructing, or training the reserve components, the officer is involuntarily discharged or released from active duty or full-time National Guard duty (other than a release from active duty or fulltime National Guard duty incident to a transfer to retired Status) under other than adverse conditions, as characterized by the Secretary concerned;

(3) in the case of a regular enlisted member serving on active duty, the member is (A) denied reenlistment, or (B) involuntarily discharged under other than adverse conditions, as characterized by the Secretary concerned-

and (4) in the case of a reserve enlisted member who is on full-time active duty (or in the case of a member of the National Guard, full-time National Guard duty) for the purpose of organizing, administering, recruiting, instructing, or training the reserve components, the member (A) is denied reenlistment, or (B) is involuntarily discharged or released from active duty (or full-time National Guard) under other than adverse conditions, as characterized by the Secretary concerned.

Discussion. Included in the definition of "eligible dislocated workers" for Title III are individuals who are terminated or laid off; eligible for unemployment compensation; and unlikely to return to their previous industry or occupation (Section 301(a)(1)(A) of the Act). Following is a discussion of the three parts of this definition as they relate to individuals separated from active duty with the armed forces.

Terminated or laid off. Although the provisions of 10 U.S.C. Chapter 58, Section 1141 are not directly applicable to JTPA, the determinations made under these provisions may be relevant when considering the eligibility criteria established at JTPA Section 301(a)(1).

Eligible for unemployment compensation. Former members of the armed forces may be eligible for unemployment compensation for ex-service members (UCX). UCX may be considered as a form of unemployment compensation for the purpose of determining eligibility under Title III. However, not all individuals eligible for UCX will meet the "terminated or laid off" criterion discussed above.

Unlikely to return to their previous industry or occupation. The Department expects that grantees will be able to follow existing procedures in determining whether a former member of the armed forces is unlikely to return to her or his previous industry or occupation. In summary, the Employment and Training Administration considers that individuals who have been involuntarily separated, as defined in 10 U.S.C. Chapter 58, including those who accept an inducement to leave the military, and are otherwise eligible, are eligible to participate in programs funded under Title III of JTPA. The State or the sub state grantee remains responsible for determination of eligibility under reasonable safeguards (Section 141(i)). Individuals who are separated from the armed forces are not necessarily "involuntarily separated." For example, the definition does not apply to individuals who have been involuntarily discharged under adverse conditions. Also, individuals who voluntarily leave the armed forces, including those who retire with or without an inducement, do not fall within the meaning of the term "involuntarily separated." States and sub state grantees may wish to consult with local veterans' employment representatives (LVERs) or other specialists to identify the documents and/or mechanisms that can be used to make an accurate eligibility determination. Additional information regarding adverse conditions is being prepared by the Department of Defense and will be shared once it becomes available. However, individuals involuntarily separated from active duty through honorable discharges are eligible. Since Title III is not an entitlement, program managers should ensure that retraining services are limited to those eligible dislocated workers who can most benefit from and are in need of such services, as required under Section 141(a) of the Act, and 631.41(d) and 631.51(d) of the regulations. In the case of members of the armed forces who have been recently separated from active duty, this might include those without marketable civilian skills. States are encouraged to develop procedures to determine "most in need" for Title III. Attached for your information is a copy of a document issued by the Assistant Secretary of Defense concerning transition services provided by the Department of Defense.

Action. State and sub state grantee policy makers should review existing policies regarding eligibility under Title III in light of this policy clarification.

Attachment identified by ETA: Assistant Secretary of Defense memorandum dated June 7, 1991. The official listing names it but does not provide the memorandum; the letter above is complete, and the separate memorandum is not reproduced here.