20 C.F.R. § 1002.137

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

Last amended: 2016Year: 2026Length: 34 wordsOfficial source

Cite as 20 C.F.R. § 1002.137 (2026)

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