---
kind: "section"
citation: "20 C.F.R. § 1002.135"
title: "20"
number: "1002.135"
heading: "What types of discharge or separation from uniformed service will make the employee ineligible for reemployment under USERRA?"
url: "https://uscodex.org/cfr/20/1002.135"
---

# §1002.135. What types of discharge or separation from uniformed service will make the employee ineligible for reemployment under USERRA?


Reemployment rights are terminated if the employee is:

- (a) Separated from uniformed service with a dishonorable or bad conduct discharge;
- (b) Separated from uniformed service under other than honorable conditions, as characterized by regulations of the uniformed service;
- (c) A commissioned officer dismissed as permitted under [10 U.S.C. 1161(a)](/usc/10/1161.md?p=a) by sentence of a general court-martial; in commutation of a sentence of a general court-martial; or, in time of war, by order of the President; or,
- (d) A commissioned officer dropped from the rolls under [10 U.S.C. 1161(b)](/usc/10/1161.md?p=b) due to absence without authority for at least three months; separation by reason of a sentence to confinement adjudged by a court-martial; or, a sentence to confinement in a Federal or State penitentiary or correctional institution.

## Notes

### Authority

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

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