UCX eligibility despite a nonconforming separation reason

CLASSIFICATION
UIS/UCX
U.S. DEPARTMENT OF LABOR
CORRESPONDENCE SYMBOL
Employment and Training Administration
TEUMI
Washington, D. C. 20210
ISSUE DATE
October 8, 1986
RESCISSIONS
EXPIRATION DATE
None
October 31, 1987

DIRECTIVE: UNEMPLOYMENT INSURANCE PROGRAM LETTER 62-86

TO: ALL STATE EMPLOYMENT SECURITY AGENCIES

FROM: DONALD J. KULICK, Administrator for Regional Management

SUBJECT: Nonconforming Narrative Reasons for Separation Do Not Affect Eligibility of Certain Individuals for UCX Benefits

1.Purpose. To provide guidance in making UCX eligibility determinations .

2.. Background. Recently, the Department of the Air Force raised a question regarding whether or not former members of the Air Force, who have completed a first "full-term" of active military service and subsequently are discharged with a nonconforming narrative reason (such as: ”Misconduct-Drug Abuse," "Failure to Meet Body Weight Standard”, Unsatisfactory Performance,”etc,), are eligible for UCX benefits .

3. Summary . If an ex-servicemember has completed a first "full-term" of active military service and was
   “honorably discharged,” the fact that a nonconforming narrative reason is indicated in item 28 of DD Form 214 does not affect the individual’s eligibility for UCX benefits . In this situation, the nonconforming narrative reason is not applicable since the individual has met the first "full-term" of active military service requirement, which there by precludes consideration of the nonconforming narrative reasons.

4. Discussion. An individual has qualifying 'Federal service as defined in section 8521(a)(1) of the UCX
   law if the individual meets the requirements of either subparagraphs (A) and (B)(i) or subparagraphs (A) and (B) (ii), The individual does not have to qualify under both (A)(i) and (B)(ii).

Sect ion 852l ( a ) 1 1) ( B ) ( i ) applies to individuals who are discharged or released after completing a first full-term of active service.

Section 852l (a)(1)(B)(ii), which specifies qualifying reasons for separation, only applies to individuals who have not completed a first full-term of active service and thus do not qualify under (B)(i) of section 85 2l (a ) ( l ) .

Therefore, a former servicemember who was honorably discharged after completing a first full -term of article service, but with a nonconforming narrative reason stated in item 28 on the DD Form 214, such as "Misconduct Drug Abuse” , meets the requirements of ( A )and (B ) ( i ) of section 8521 ( a ) ( l ).and is eligible f or UCX benefits. The narrative reasons for separation are irrelevant to the claimant's eligibility for UCX benefits.

4. Action Required. SESA’s are requested to provide the above information to appropriate staff
   members.

5. Inquiries: Questions should be addressed to the appropriate regional offices.

The archived PDF appends pages labeled as an attachment to UIPL 60-86 after the two-page UIPL 62-86 letter. Those unrelated training pages are not transcribed here.