Code of Federal Regulations · 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?

20 C.F.R. § 1002.137

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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.

20 C.F.R. § 1002.136 20 C.F.R. § 1002.138

Authorizing Statute