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Q: Military unemployment exceptions ( Answered,   0 Comments )
Question  
Subject: Military unemployment exceptions
Category: Business and Money > Employment
Asked by: keeslermvp-ga
List Price: $4.50
Posted: 12 Sep 2005 19:53 PDT
Expires: 12 Oct 2005 19:53 PDT
Question ID: 567400
I applied for unemployment and they turned me down because I didn't
complete a full term of enlistment in the US Air Force. The site below
says that I qualify as long as "...The claimant must have been
separated under honorable conditions, and must have completed a full
term of service; or if released early, it must have been for a
qualifying reason."
http://www.military.com/Resources/ResourceFileViewfile=Veterans_Unemployment_Compensation.htm
Also, 
http://www.twc.state.tx.us/ui/bnfts/claimant7.html
Says that 
"If You Served in the Military you can use base period military wages
to establish your claim if you separated under at least honorable
conditions and completed your first full term of service. If you did
not complete your first full term of service, you must have separated
early for a reason specified by
Congress as an exception to the full term requirement."

My question is, since I did not complete my first full term of
service, what are the reasons specified by Congress as exceptions to
the full term of service requirment in order to get unemployment from
the state of Texas?
Answer  
Subject: Re: Military unemployment exceptions
Answered By: denco-ga on 12 Sep 2005 22:30 PDT
 
Howdy keeslermvp-ga,

A reminder of the "Important Disclaimer: Answers and comments provided on
Google Answers are general information, and are not intended to substitute
for informed professional medical, psychiatric, psychological, tax, legal,
investment, accounting, or other professional advice."

The information you want is covered under the "Unemployment Compensation
for Ex-servicemembers (UCX) Program."  It is outlined, among other places,
on the U.S. Department of Labor Employment & Training Administration site.
http://wdr.doleta.gov/readroom/FedReg/Notices/2000004133.htm

"...
Unemployment Compensation for Ex-servicemembers (UCX) Program
...
'Acceptable' Narrative Reasons for Separation Meeting the Requirements
of 5 U.S.C. 8521(a)(1)(B)(ii)(I)-(IV).

For the convenience of the government under an early release program
(5 U.S.C. 8521(a)(1)(b)(ii)(I)):

Medal of Honor Recipient
Completion of Required Active Service
Insufficient Retainability (Economic Reasons)
...
Reduction in Force
To Attend School
Holiday Early Release Program
Defective Enlistment Agreement
Erroneous Entry (Other)
Intradepartmental Transfer*
Miscellaneous/General Reasons* *(see below)

* Effective for separations on or after September 1, 1994.
...
Because of medical disqualification, pregnancy, parenthood, or Service
incurred injury or disability (5 U.S.C. 8521(a)(1)(B)(ii)(II)):

Pregnancy or Childbirth
Parenthood or Custody of Minor Children
Conditions, not Disability
Disability, Severance Pay
Disability, Permanent
Disability, Temporary
Disability, Existed Prior to Service, PEB
Disability, Existed Prior to Service, Med BD
Disability, Aggravated
Disability, Other

Because of hardship (5 U.S.C. 8521(a)(1)(B)(ii)(III)):

Surviving Member
Hardship

Because of personality disorders or inaptitude, but only if the service
was continuous for 365 days or more (5 U.S.C. 8521(a)(1)(B)(ii)(IV)):

Personality Disorder

The following are narrative reasons for separation that DOL has determined
constitute 'inaptitude' within the meaning of 5 U.S.C. 8521(a)(1)(b)(ii)(IV):

Conscientious Objector
Weight Control Failure
Ecclesiastical Endorsement
Secretarial Authority
Physical Standards
Erroneous Entry, Alcohol Abuse
Erroneous Entry, Drug Abuse
Non-selection, Permanent Promotion
Non-selection, Temporary Promotion
Failure to Complete a Commission or Warrant Program
Failure to Complete a Course of Instruction
Unsatisfactory Performance
Substandard Performance
Personal Alcohol Abuse
Alcohol Rehabilitation Failure
Drug Rehabilitation Failure
Military Personnel Security Program
Homosexual Admission
Homosexual Act
Non-retention on Active Duty

Effective Date: The narrative reasons for separation that the Department
of Labor (DOL) has determined constitute 'inaptitude' within the meaning
of 5 U.S.C. 8521(a)(1)(B)(ii)(IV), listed above, shall be effective for
all initial claims filed on and after the November 10, 1998, issuance
date of UIPL No. 3-95, Change 2.

Where State law permits, new eligibility determinations must be issued
when: (1) a claimant requests a determination or redetermination on a
new or previously denied claim, or files an additional or renewed claim
for benefits, and (2) the claimant's  military service is recent enough
to support a current claim for unemployment benefits.
..."

Please note that the "U.S.C." references in the passage above refer to
the United States Code or U.S.C. which are, among other things, Acts of
Congress.

If you need any clarification, please feel free to ask.


Search strategy:

Google search on: "early release" military unemployment
://www.google.com/search?q=%22early+release%22+military+unemployment

Looking Forward, denco-ga - Google Answers Researcher
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