MJB68

As I understand it, USERRA covers us for 5 years of reemployment rights if we are on military leave. (From Title 38... "the cumulative length of the absence and of all previous absences from a position of employment with that employer by reason of service in the uniformed services does not exceed five years"). If it is in support of contingency operations there are no time limitations. (Also from Title 38....."does not exceed five years, except that any such period of service shall not include any service--ordered to or retained on active duty (other than for training) under any provision of law because of a war or national emergency declared by the President or the Congress. as determined by the Secretary concerned").

My question is, what do our orders have to say in order to make sure we are covered under this provision, and have any of you guys "pressed to test" with this at your airline or other civilian employer? I'd like to know, because I need a few more years of Active Duty to get an immediate retirement, but that will likely push me over the 5 year limit. However, all of my orders for the last several years (consecutive 1 year MPA tours) have been for OIF/OEF support.

rickair7777

ANY mobilization in support of OIF/OEF should qualify for exemption from the five year limit. It's possible that a few specialty ADSW type jobs far removed from anything operational might be questionable.

Also you can usually arrange for VOL orders to be written INVOL after making a handshake deal. It doesn't cost the DoD anything to write them INVOL...the navy is automatically doing that now anyway, for this very reason.

Check with your chain, see if the orders can be INVOL. Also check with the USEERA folks to find out what the exact wording should be.

Bottom line, it should not be too difficult.

However...by MPA do you mean Navy MPRA? If so, the navy will go to great lengths to ensure that selected reservists DO NOT get anywhere near 20 years cumulative AD. They will not let you go on any sort of AD after you hit 18 years. Other services do not necessarily have this restriction.

MJB68

Thanks for the reply. I'm Air Guard. Couple guys in the unit already hit their 20 active thanks to these MPA tours (manpower authorization funded by Air Mobility Command). Don't know how long they'll last, as it's entirely dependent on the War. Just curious as I'd like to delay going back to the airline for a bit longer.

SaltyDog

Will pass on some gouge that you will find a good read.
Hope this helps.
Saltydog


For you as an ANG,
“If the purpose of a member’s orders is for the direct or indirect support of such missions and operations [Operation Noble Eagle, Operation Enduring Freedom, Operation Northern Watch, Operation Southern Watch, or other missions and operations associated with the national emergency], then affected service members are to have the following statement included in their orders:

‘The period of service under these orders is exempt from the five-year limit as provided in 38 U.S.C. 4312(c)(4)(B).’

If circumstances prevent placing this authority on the activation orders, the authority shall be included in a separation document and retained in the service member’s personnel file.”

Taken from:


Number 42, April 2002:
Progress on Exemptions From USERRA’s Five-Year Limit

By CAPT Samuel F. Wright, JAGC, USNR*

In “Law Review Number 6” (September 1998), I explained that USERRA has a five-year limit on the duration of service. The limit is cumulative, but only so long as you are employed by or seeking re-employment with that particular civilian employer. When you start a new job with a new employer, you receive a fresh five-year limit.

I also explained in “Law Review Number 6” that there are several exemptions from the five-year limit. Involuntary service and some kinds of voluntary service are exempted from the five-year limit, even with respect to the same civilian employer. Some of these exemptions require the “secretary concerned” (the service secretary) to make a written determination and certification.

In “Law Review Number 29” (October 2001), I reported: “Just recently, Jayson L. Spiegel, ROA’s executive director, has written to appropriate officials of the Departments of the Army, Navy, Air Force, and Transportation (Coast Guard). Mr. Spiegel suggested to these officials that they ensure that appropriate language be included in activation orders, so that volunteers for the present emergency will have their service exempted from the five-year limit.” One of the letters to which I referred was a letter dated 17 September 2001, from Mr. Spiegel to the Hon. Michael L. Dominguez, assistant secretary for Manpower and Reserve Affairs, Department of the Air Force.

In a memorandum for the chief of staff, dated 7 December 2001, Secretary Dominguez directed the Air Force chief of staff as follows: “If the purpose of a member’s orders is for the direct or indirect support of such missions and operations [Operation Noble Eagle, Operation Enduring Freedom, Operation Northern Watch, Operation Southern Watch, or other missions and operations associated with the national emergency], then affected service members are to have the following statement included in their orders: ‘The period of service under these orders is exempt from the five-year limit as provided in 38 U.S.C. 4312(c)(4)(B).’ If circumstances prevent placing this authority on the activation orders, the authority shall be included in a separation document and retained in the service member’s personnel file.” (Secretary of the Navy Gordon R. England issued a very similar directive on 11 March 2002.) What Secretary Dominguez directed in his 7 December memorandum was almost word-for-word identical to what Mr. Spiegel suggested in his 17 September letter.

The result of Secretary Dominguez’ order is that Air Force Reservists and Air National Guard members who volunteer for the present emergency will have this period of service exempted automatically from their five-year limits. It will not be necessary for them to apply for individual secretarial determinations"

and this gem;

Reserve Officers Association: Reserve Officers Association - Law Review

MJB68

This is EXACTLY what I was looking for... a HUGE Thank You!!!!

SaltyDog

Welcome, Spread the word my friend.