1. LawStack
  2. Title 20 - Employees' Benefits
  3. Chapter IX - OFFICE OF THE ASSISTANT SECRETARY FOR VETERANS' EMPLOYMENT AND TRAINING SERVICE, DEPARTMENT OF LABOR
  4. Part 1002 - REGULATIONS UNDER THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994
  5. Subpart C - Eligibility For Reemployment
  6. Topic - Character of Service
  7. 20 CFR § 1002.137
20 CFR § 1002.137
If the employee receives a disqualifying discharge or release from uniformed service and it is later upgraded, will reemployment rights be restored?
February 18, 2021
CFR

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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§ 1002.136 Who determines the characterization of service?
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§ 1002.138 If the employee receives a retroactive upgrade in the characterization of service, will that entitle him or her to claim back wages and benefits lost as of the date of separation from service?

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