State of California

M E M O R A N D U M


                                     Date:  October 15, 1991
                           Reference Code:  91-67

To:        PERSONNEL MANAGEMENT LIAISONS

           THIS MEMORANDUM SHOULD BE DISTRIBUTED TO:

                Personnel Officers
                Labor Relations Officers


From:      Department of Personnel Administration
           Classification and Compensation Division


Subject:   Counting Prior Military Service for Seniority.




Government Code Section 19997.6 provides that a veteran may
qualify for up to one year of seniority credit provided the
veteran served full time in the armed forces in time of
national emergency, State military emergency, or during
specific expeditions, and the veteran entered State service
within one year after date of discharge.  The one-year time
limit can be extended by five years provided the veteran has
been in attendance at regular sessions at a college or
vocational school.

The layoff manual describes how the provisions of Government
Code 19997.6 are applied.  This memo provides further
guidance in interpreting the Government Code and layoff
manual.


Qualifying Military Service

A veteran is a person who has served full time in the armed
forces during a specified "campaign" and has been discharged
under conditions other than dishonorable.  The specified
campaigns are listed in the layoff manual.  Department of
Defense Form DD214 is to be used by the department to verify
the veteran's discharge status and campaigns.

Seniority for military service is credited at one point per
month for each month of full-time military service up to a
maximum of 12 months.  The service credit is based on the
amount of time in the military, not the amount of time
served in a campaign.  The campaign must have occurred
during the time that the veteran was in the military.

Examples:

a.  A veteran who served three years in the armed forces and
    during that time received an Expeditionary Medal for
    Grenada (the Grenada expedition occurred October 23,
    1983 through November 21, 1983) would be eligible for
    12 seniority credits.

b.  A veteran who served six months in the armed forces
    during the Vietnam Era (August 5, 1964 through May 1,
    1975) would be eligible for six seniority points.  Even
    though the veteran may have entered military service
    prior to the beginning of the Vietnam Era, as long as
    the veteran served during the campaign period, the
    veteran is eligible for six service credits.


Time Limit on Entering State Service

The Government Code provides a 12-month grace period for
entering State service to be eligible for seniority credit.
The veteran must enter State service within one year of
leaving the military, or one year following the end of the
specified campaign, whichever is the earliest.  The one-year
time period can be extended by up to an additional five
years provided the veteran is in attendance at regular
sessions at a college or vocational school.

Attendance at regular sessions at a college or vocational
school is defined as continuous full-time attendance.  Full
time is defined by the college or vocational program that
the veteran is attending.  For example, a student in a
semester program at a California State University may
qualify as a full-time student by taking a specific number
of units a semester.  A student in a vocational program may
qualify as a full-time student based upon so many hours of
classroom and home study per week.  It is the responsibility
of the employing department to verify that a veteran meets
the education program's test of a full-time student and has
been in continuous attendance.

To be eligible for service credits, the veteran who has
extended the one-year grace period by attending school, must
either enter State service within 60 days following termina-
tion of school, or have been offered and accepted a State
position within 60 days following termination of school,
even though the actual start date may extend beyond the
60-day period.


Qualifying State Service

State service, for purposes of computing seniority, includes
both the civil service and all service which is exempt from
the State civil service.  This includes a TAU or limited-
term appointment.  Therefore, a veteran who entered State
service via an exempt, civil service, TAU or limited-term
appointment, and is otherwise eligible, qualifies for the
military seniority credit.

State employees who have been blanketed into State service
are also eligible for the seniority credit.

The Department of Personnel Administration recognizes that
most State agencies have had limited experience in admin-
istering the provisions of Government Code Section 19997.6.
As such, we encourage departments to discuss with DPA
circumstances, that in the department's opinion, appear to
meet the intent of the statute but may not be covered in the
criteria described in this memorandum.

If you have any questions regarding military seniority
credit, you may call Leslie K. Ferguson, Supervisor, Service
and Seniority Unit, Department of Personnel Administration,
at 324-0447 or ATSS 454-0447.


References:  Layoff Manual
             Government Code Sections 18540 - 18540.4,
             19997.4, 19997.6.
             DPA Rules 599.841, 599.843




Robert K. Painter
Section Supervisor