Continuous active duty for reservists under UCX

CLASSIFICATION
   EMPLOYMENT AND TRAINING ADMINISTRATION                  UI
               ADVISORY SYSTEM                             CORRESPONDENCE SYMBOL
          U.S. DEPARTMENT OF LABOR                         OUI/DUIO
             Washington, D.C. 20210                        DATE
                                                           October 24, 2018


ADVISORY:          UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 14-16,
                   Change 2

TO:                STATE WORKFORCE AGENCIES

FROM:              MOLLY E. CONWAY /s/
                   Acting Assistant Secretary

SUBJECT:           Unemployment Compensation for Ex-Servicemembers (UCX): Continuous
                   Active Duty Service for Reservists


1. Purpose. To provide guidance to state workforce agencies related to administration of the
   UCX program regarding continuous active duty in a reserve status when military reservists
   have consecutive deployments.

2. References.
    Section 8521(a)(1) of Title 5, United States Code;
    Section 513(a) of the National Defense Authorization Act (Pub. L. 114-92);
    Unemployment Insurance Program Letter (UIPL) No. 14-16, The National Defense
      Authorization Act for Fiscal Year 2016 (Pub. L. 114-92) - Provisions that Affect the
      Unemployment Compensation for Ex-servicemembers Programs, and Change 1;
    UIPL No. 27-06, Unemployment Compensation for Ex-servicemembers (UCX) Program
      Questions and Answers; and
    ET Handbook No. 384, Unemployment Compensation for Ex-Servicemembers.

3. Background. State workforce agencies that administer the regular unemployment insurance
   (UI) program act as agents of the Federal Government in administering the UCX program.
   The administration of the UCX program relies on information provided by the branches of
   the military to allow states to make determinations of UCX eligibility. When a UCX claim is
   filed in a state, the Federal Claims Control Center, upon request by the state, will provide all
   copies of the individual’s DD214(s) that are on record. Based on information provided on the
   DD214(s), a state must determine if the individual has Federal military service for UCX
   purposes.

   The current definition of Federal service in 5 U.S.C. 8521(a)(1) for active duty in a reserve
   status is “a continuous period of 180 days or more.” This is referred to in this guidance as
   “continuous active duty in a reserve status.” The National Defense Authorization Act for
   Fiscal Year 2016 increased the number of days of continuous active duty in a reserve status

 RESCISSIONS                                               EXPIRATION DATE
 None                                                      Continuing

   required for the military service to be considered Federal service from 90 days to 180 days.
   UIPL No. 14-16 outlined the new provisions. States have questioned the applicability of
   continuous active duty in a reserve status when a servicemember has multiple DD214s,
   showing various periods of consecutive service. This UIPL responds to those questions.

4. Guidance. Individuals who are members of a reserve component of the Armed Forces must
   have continuous active duty in a reserve status of at least 180 calendar days for the service to
   qualify as Federal military service for UCX purposes. To meet the requirements of 5 U.S.C.
   8521(a)(1), states can combine two or more DD214s. Two or more consecutive periods of
   service shall be considered continuous active duty in a reserve status provided that the
   “Separation Date this Period” listed on Block 12b on the DD214 is no more than one (1)
   calendar day from the “Date Entered AD this Period” listed in Block 12a on a subsequent
   DD214. For more information please see examples of consecutive service and continuous
   active duty service for UCX purposes in the attachment to this UIPL.

5. Action Requested. State Administrators are requested to provide the above information to
   appropriate staff.

6. Inquiries. Please direct all inquiries to the appropriate ETA Regional Office.

7. Attachment. Examples for Determining Continuous Active Duty Service for Reservists.

Attachment (official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2018/UIPL_14-16_Change2_Attachment_Acc.pdf)

Attachment to UIPL 14-16, Change 2

         Examples for Determining Continuous Active Duty Service for Reservists

States can combine two or more DD214s to determine if the ex-servicemember meets the 180
days of continuous service requirement in 5 U.S.C. 8521(a)(1). The state must determine if no
more than one calendar day separates the “Separation Date this Period” from the “Date Entered
AD this Period” to determine if the service can be combined. Below are examples of situations
where the service can and cannot be combined.

Example 1:

The state received two DD214s for the same individual from the Federal Claims Control Center
(FCCC). Block 12a on the first DD214 shows a “Date Entered AD this period” as 2016/09/06,
and block 12b shows a “Separation Date this Period” of 2016/11/06. The total active duty time
on the first DD214 is 61 calendar days. Block 12a on the subsequent DD214 shows a “Date
Entered AD this period” as 2016/11/07, and block 12b shows a “Separation Date this Period” of
2017/03/08. The total active duty time on the second DD214 is 121 calendar days. Since the
separation date on the prior DD214 and the date entered active duty on the most recent DD214
are no more than one (1) calendar day of each other, the active duty time can be combined to
make 182 calendar days of continuous active duty. Because the total combined active duty time
is at least 180 calendar days, the service meets the requirements of 5 U.S.C. 8521(a)(1).

Example 2:

The state receives two DD214s for the same individual from the FCCC. Block 12a on the first
DD214 shows a “Date Entered AD this period” as 2016/09/06, and block 12b shows a
“Separation Date this Period” of 2016/11/06. The total active duty time on the first DD214 is 61
calendar days. Block 12a on the subsequent DD214 shows a “Date Entered AD this period” as
2016/11/07, and block 12b shows a “Separation Date this Period” of 2017/02/22. The total
active duty time on the second DD214 is 107 calendar days. Since the separation date on the
prior DD214 and the date entered active duty on the most recent DD214 is no more than one (1)
calendar day of each other, the active duty time can be combined to make 168 calendar days of
continuous active duty. However, because the total combined active duty time is not at least 180
calendar days, the service does not meet the requirements of 5 U.S.C. 8521(a)(1).

Example 3:

The state receives two DD214s for the same individual by the FCCC. Block 12a on the first
DD214 shows a “Date Entered AD this period” as 2016/09/06, and block 12b shows a
“Separation Date this Period” of 2016/11/06. The total active duty time on the first DD214 is 61
days. Block 12a on the second DD214 shows a “Date Entered AD this period” as 2016/11/08,
and block 12b shows a “Separation Date this Period” of 2017/02/22. The total active duty time
on the second DD214 is 106 calendar days. Since the separation date on the prior DD214 and the
date entered active duty on the most recent DD214 is separated by more than one (1) calendar
day, the active duty time cannot be combined. Therefore, the servicemember does not have 180
days of continuous active duty and the service would not meet the requirements of
5 U.S.C. 8521(a)(1).
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