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?

U.S. Code of Federal Regulations

Regulations most recently checked for updates: Aug 27, 2025

View all text of Subpart C [§ 1002.32 - § 1002.139]

§ 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.