20 CFR 1002.137
§ 1002.137 If the employee receives a disqualifying discharge or release from uniformed service and it is later upgraded, will reemployment rights be restored?
United States · 20 CFR — Employees' Benefits · Status: effective
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- Citation
- 20 CFR 1002.137, § 1002.137 If the employee receives a disqualifying discharge or release from uniformed service and it is later upgraded, will reemployment rights be restored?, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/82591
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Full text
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.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.