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

Regulations last checked for updates: May 23, 2024

Title 20 - Employees' Benefits last revised: May 03, 2024

View all text of Subpart C [§ 1002.32 - § 1002.139]

§ 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.

authority: Section 4331(a) of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. 4331(a) (Pub. L. 103-353, 108 Stat. 3150)

source: 70 FR 75292, Dec. 19, 2005, unless otherwise noted.

cite as: 20 CFR 1002.137