individual's period or periods of active service, and (4) the individual's pay grade at the time of his discharge or release from the latest period of Federal military service, shall constitute findings within the meaning of section 1511(d) of title XV.

(b) (1) Where military document or documents furnished to an individual indicate that the individual's discharge or release from a period of active service was under conditions other than honorable (except a dishonorable or bad conduct discharge) or the individual's period of active service was less than 90 days, the United States Veterans Administration, when requested by a State agency, shall decide whether the individual was discharged or released: (i) Under conditions other than dishonorable, or (ii) in the case of an officer, by reason of his resignation for the good of the service, or (iii) by reason of an actual service-incurred injury or disability.

(2) The United States Veterans Administration shall also decide, upon request of a State agency, whether an individual's discharge or release from active service was qualified or conditional. Any decision made by the United States Veterans Administration pursuant to a request under this paragraph shall constitute a finding within the meaning of section 1511 (d) of Title XV. [23 F.R. 8102, Oct. 21, 1958]

§ 614.6 Correction of findings.

(a) (1) If an individual believes that a finding specified in § 614.5(a) is incorrect or that information regarding any finding has been omitted from his military document or documents, he may request the issuing Federal military agency to correct the document or documents. Information contained on a corrected military document or documents issued to an individual pursuant to his request shall constitute the findings of the Federal military agency under § 614.5 (a) if the individual notifies the State agency that he has made such request before the period for redetermination of entitlement or appeal under the applicable State unemployment compensation law has elapsed, and if he promptly notifies the State agency of the action of the Federal military agency.

(2) If at the time the individual notifies the State agency of the making of such request a determination of his entitlement has not been made, the State agency may postpone such determination

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until the individual has notified the State agency of the action of the Federal military agency on his request. If at the time the individual notifies the State agency of the making of such request a determination of his entitlement has been made, or if the individual notifies the State agency of the making of such a request prior to a determination of his entitlement but such determination is not postponed by the State agency, the individual may file a request for redetermination or an appeal in accordance with the applicable State unemployment compensation law, or may file an appeal in accordance with regulations of the Secretary, whichever is applicable. Except as provided in subparagraph (3) of this paragraph, no redetermination shall be made or hearing scheduled on an appeal until the individual has notified the State agency of the action of the Federal military agency on his request.

(3) Upon receipt of notice of the action of a Federal military agency, the State agency shall promptly (i) make a determination or redetermination of the individual's entitlement, and mail or deliver a copy thereof to the individual; or (ii) schedule a hearing on the individual's appeal; whichever is appropriate. If such notice is not received by the State agency within one year of the date the individual first filed a claim, or such notice is not given promptly by the individual, the State agency may, without further postponement, make such determination or redetermination, or schedule such hearing.

(4) Information with respect to any finding specified in § 614.5 (a) contained in corrected military document or documents issued by a Federal military agency on its own motion shall constitute the findings of such agency under § 614.5 (a) if notice thereof is received by the State agency before the period for redetermination of entitlement or appeal under the applicable State unemployment compensation law has elapsed. Upon timely receipt of such notice, the State agency shall take appropriate action in accordance with the applicable State unemployment compensation law to give effect to the corrected findings.

(b) (1) If an individual believes that a finding under § 614.5 (b) is incorrect, he may request reconsideration of such finding by applying therefor to the State agency before the period for redetermination of entitlement or appeal under the applicable State unemployment

compensation law has elapsed. The State agency shall forward his request, together with any supporting information submitted by the individual, to the United States Veterans Administration.

(2) If at the time such request is filed a determination of the individual's entitlement has not been made, the State agency shall postpone such determination. If at the time such request is filed a determination of the individual's entitlement has been made, the individual may file a request for redetermination or an appeal in accordance with the applicable State unemployment compensation law, or may file an appeal in accordance with regulations of the Secretary, whichever is applicable. No determination or redetermination shall be made or hearing scheduled on an appeal until the State agency receives from the United States Veterans Administration its action on such request. If the United States Veterans Administration modifies its finding made pursuant to § 614.5 (b), such modified finding shall constitute its finding under that paragraph.

(3) Upon receipt of the action of the United States Veterans Administration, the State agency shall promptly (i) make a determination or redetermination of the individual's entitlement and mail or deliver a copy thereof to the individual; or (ii) schedule a hearing on the individual's appeal; whichever is appropriate.

(c) A Federal military agency or the United States Veterans Administration, as the case may be, shall promptly act on and reply to any request received pursuant to paragraph (a) or (b) of this section.

[23 F.R. 8102, Oct. 21, 1958]

The findings of a Federal military agency and the United States Veterans Administration with respect to an individual (including the reasons for his separation reflected therein), and schedules of remuneration issued by the Secretary shall be final and conclusive. [23 F.R. 8102, Oct. 21, 1958]

§ 614.8 Effect of "day (s) lost".

(a) The continuity of a period of active service shall be deemed not to be interrupted by any “day(s) lost" in such period.

(b) "Day(s) lost” are not days of active duty for the purpose of determining: (1) Whether an individual has performed Federal military service, (2) whether an individual meets the wage or employment requirements of the applicable State unemployment compensation law, or (3) the amount of an individual's Federal military wages.

[23 F.R. 8103, Oct. 21, 1958]

§ 614.9 Determination of entitlement.

(a) Except for the findings of the Federal military agency and the United States Veterans Administration and schedules of remuneration which are final and conclusive as provided in § 614.7, the State agency of the State or of the Virgin Islands to which an individual's Federal military service and Federal military wages have been assigned (or of another State to which they have been transferred in accordance with an interstate wage combining plan) shall determine the individual's entitlement to compensation and shall pay such compensation in the same amount, on the same terms, and subject to the same conditions as the compensation which would be payable to such individual under the unemployment compensation law of the State (or in the case of the Virgin Islands, the unemployment compensation law of the District of Columbia) if the Federal military service and Federal military wages of such individual had been included as employment and wages under such law: Provided, however, That with respect to determinations made by the State agency of the Virgin Islands, if an individual, without regard to his Federal military service and Federal military wages as defined in this part and Federal civilian service and Federal civilian wages as defined in § 611.1 of this chapter, has employment or wages sufficient to qualify for any compensation during the benefit year under the unemployment compensation law of the District of Columbia, then payments of compensation shall be made only on the basis of his Federal military service and Federal military wages and his Federal civilian service and Federal civilian wages, if any.

(b) The notice of determination given to an individual pursuant to the applicable State unemployment compensation law shall include the findings of the Federal military agency and the findings, if any, made by the United States Veterans Administration, and shall inform the individual of his right to request a correction of any such findings.

(c) Transition period in Puerto Rico. If a Federal military employee has filed a first claim for compensation in Puerto Rico on or before December 31, 1965, on the basis of which a benefit year is or has been established beginning on or before such date, the District of Columbia Unemployment Compensation Act shall apply thereto with respect to the amount of benefits payable and the terms and conditions thereof. If the State agency, pursuant to such first claim, establishes or has established a benefit year commencing on or before December 31, 1965, for such Federal military employee, and makes or has made a determination of entitlement establishing the amount of compensation payable to such Federal military employee, and the terms and conditions thereof, by reference to the District of Columbia Unemployment Compensation Act, compensation shall continue to be payable to such Federal military employee pursuant to such determination or any redetermination required under the District of Columbia Unemployment Compensation Act, with respect to weeks of unemployment subsequent to December 31, 1965, occurring within such benefit year: Provided, however, That § 614.10 shall be applicable to such determinations: Provided, further, That with respect to such determinations made by the State agency of Puerto Rico, as aforesaid, if an individual, without regard to his Federal military service and Federal military wages as defined in this part and Federal civilian service and Federal civilian wages as defined in § 610.1 of this chapter, has employment or wages sufficient to qualify for any benefits during the benefit year under the Unemployment Compensation Act of the District of Columbia, then payment of benefits shall

be made only on the basis of his Federal military service and Federal military wages and his Federal civilian service and Federal civilian wages, if any.

[23 F.R. 8103, Oct. 21, 1958, as amended at 30 F.R. 13535, Oct. 23, 1965]

§ 614.10 Restrictions on entitlement.

Notwithstanding the provisions contained in § 614.9, no compensation shall be paid to any individual:

(a) For periods with respect to which payment for military accrued leave is allocated by the State agency in accordance with § 614.12;

(b) [Reserved]

(c) For periods with respect to which the individual is receiving subsistence allowances under Part VII of Veterans' Regulation Numbered 1(a), as amended (38 U.S.C. Ch. 31);

(d) For periods with respect to which the individual is receiving an educational assistance allowance under the War Orphans' Educational Assistance Act of 1956 (70 Stat. 411; 38 U.S.C. 1701 et seq.);

(e) For weeks of unemployment completed within 30 days after discharge or release if mustering-out payments to the individual under Title V of the Veterans' Readjustment Assistance Act of 1952 are $100.00 (66 Stat. 688; 38 U.S.C. 2101 et seq.);

(f) For weeks of unemployment completed within 60 days after his discharge or release if mustering-out payments to the individual under Title V of the Veterans' Readjustment Assistance Act of 1952 are $200.00; and

(g) For weeks of unemployment completed within 90 days after his discharge or release if mustering-out payments to the individual under Title V of the Veterans' Readjustment Assistance Act of 1952 are $300.00.

[30 F.R. 13535, Oct. 23, 1965]

§ 614.11 Application of interstate plans.

(a) The interstate benefit payment plan and the interstate wage combining plans shall be applicable, where appropriate, to individuals filing claims under the Act. For the purpose of these plans,

Federal military service and Federal military wages are considered as employment and wages under the unemployment compensation law of the State to which they are assigned, or the unemployment compensation law of the District of Columbia if they are assigned to the Virgin Islands.

(b) Whenever it is appropriate under an interstate wage combining plan to transfer an individual's Federal military service and Federal military wages to another State (paying State) from the State to which they were assigned (transferring State), only so much of the Federal military service and Federal military wages shall be transferred as are in that portion of the base period of the transferring State which overlaps the base period of the paying State. [30 F.R. 13536, Oct. 23, 1965]

§ 614.12 Allocation of military accrued leave.

The State agency shall allocate to the period following an individual's discharge or release from active service any payment made to him under section 4 (c) of the Armed Forces Leave Act of 1946 (60 Stat. 964; 37 U.S.C. 33(c)) by adding to the effective date of his discharge or release the number of days of leave specified in his military document(s). Such payment shall constitute Federal military wages of the individual if paid with respect to a period of Federal military service. Except for the purpose of determining whether an individual has met the condition specified in § 614.1(f) (1), his active service shall be deemed to continue after his discharge or release for the number of days with respect to which such payment was allocated. [30 F.R. 13536, Oct. 23, 1965]

from future compensation payable to him under Title XV during the two-year period following the date on which such finding was made, as provided in section 1508(b) of Title XV.

In cases of

(b) Absence of fraud. overpayment, where there has been no finding by a State agency or court of competent jurisdiction that there has been an intent to defraud, the determinations specified below shall be made under the applicable State unemployment compensation law: (1) Whether an individual who has received an overpayment of compensation which he has not repaid shall receive any future compensation payable under Title XV; or (2) whether he shall be liable to repay such overpayment; or (3) whether he shall be permitted to offset any future compensation payable to him under Title XV against such outstanding overpayment; or (4) whether a waiver of such overpayment may be permitted. [30 F.R. 13536, Oct. 23, 1965]