In re the Claim of Matyjczuk

—Appeal from a decision of the *848Unemployment Insurance Appeal Board, filed March 26, 1998, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Following claimant’s conviction of the crime of driving while intoxicated, he was incarcerated from January 7, 1997 until September 5, 1997. Upon originally being informed of claimant’s pending incarceration, the employer approved claimant’s use of his accrued vacation time and then granted him a 90-day…