1. Regulations
  2. title 20
  3. chapter IX
  4. part 1002
  5. subpart C
  6. subjgrp 149
  7. § 1002.137

View all text of Subjgrp 149 [§ 1002.134 - § 1002.138]

§ 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