You are hereMilitary Issues / Uniformed Servicemembers Employment Re-Employment Rights Act (USERRA) / If the employee receives a disqualifying discharge or release from uniformed service and it is later upgraded, will reemployment rights be restored?
If the employee receives a disqualifying discharge or release from uniformed service and it is later upgraded, will reemployment rights be restored?
§ 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.