If the employee receives a disqualifying discharge or release from uniformed service and it is later upgraded, will reemployment rights be restored?

  1. Law
  2. CFR 20
  3. Employees' Benefits
  4. Office of the Assistant Secretary for Veterans' Employment and Training Service, Department of Labor
  5. Regulations Under the Uniformed Services Employment and Reemployment Rights Act of 1994
  6. Eligibility For Reemployment
  7. Character of Service
  8. If the employee receives a disqualifying discharge or release from uniformed service and it is later upgraded, will reemployment rights be restored?

Checkout our iOS App for a better way to browser and research.

§ 1002.137 If the employee receives a disqualifying discharge or release from uniformed service and it is later upgraded, will reemployment rights be restored?

Yes. A military review board has the authority to prospectively or retroactively upgrade a disqualifying discharge or release. A retroactive upgrade would restore reemployment rights providing the employee otherwise meets the Act's eligibility criteria.


Download our app to see the most-to-date content.