---
kind: "section"
citation: "20 C.F.R. § 1002.137"
title: "20"
number: "1002.137"
heading: "If the employee receives a disqualifying discharge or release from uniformed service and it is later upgraded, will reemployment rights be restored?"
url: "https://uscodex.org/cfr/20/1002.137"
---

# §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.


## 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.