§ 1002.137. If the employee receives a disqualifying discharge or release from uniformed service and it is later upgraded, will reemployment rights be restored?
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/us/cfr/t20/s§ 1002.137·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.