§1002.137. If the employee receives a disqualifying discharge or release from uniformed service and it is later upgraded, will reemployment rights be restored?
20 C.F.R. § 1002.137
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.
Notes, amendments, and revision history
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.