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?

---
identifier: "/us/cfr/t20/s1002.137"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "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?"
title_number: 20
title_name: "Employees' Benefits"
section_number: "1002.137"
section_name: "If the employee receives a disqualifying discharge or release from uniformed service and it is later upgraded, will reemployment rights be restored?"
chapter_name: "OFFICE OF THE ASSISTANT SECRETARY FOR VETERANS' EMPLOYMENT AND TRAINING SERVICE, DEPARTMENT OF LABOR"
part_number: "1002"
part_name: "REGULATIONS UNDER THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Section 4331(a) of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. 4331(a) (Pub. L. 103-353, 108 Stat. 3150)."
regulatory_source: "70 FR 75292, Dec. 19, 2005, unless otherwise noted."
cfr_part: "1002"
---


# 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.