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03/25/2025

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Leave - USERRA
CFR Section

CFR Section

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

RegSense USERRA CFR Regulations Leave CFR Section USA HR Management English U.S. Department of Labor (DOL)Focus Area Human Resources

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.

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