Originally Posted by
Ball Breaker
This is true. Orders to active duty AF under Title 10 U.S.C. 12301(d) have been "categorically exempted" from the 5 year USERRA limitations by the asst Sec of the Air Force. This is how most were returned to AD Air Force after the 9/11 attacks.
This will allow many on our list to serve beyond 5 years. I'm looking forward to a safe return of each and every one of them.
To anybody relying in this statement please refer to the Assistant Secretary of Defense's letter regarding this policy dated March 2007 which superseded the 2002 Assistant Secretary of Defenses letter establishing the 12301(d) exemption.
The current letter in place does allow for the 12301(d) USERRA 5 year exemption, but the order is specifically required to have the statement in support of contingency operations (I don't have the exact verbiage with me) but to give it some perspective of the 2000+ AGR sets of orders out there very few have the contingency statement. Also, the vast majority of the return to active duty orders are 12301(d) type orders but do not have the contingency statement. Any title 10 order generally has the 12301(d) but many lack the contingency statement. There is a new letter that will be out shortly that further limits the 5 year exemption.
Delta is well aware of all of these issues, if you have question contact the CPSC and ask for the military Liaison. He is a great dude and will not lead you wrong. Good luck, make sure you know the law. The simple statement 12301(d) definitely is not exempted from the 5 years if the order was cut after March 2007 or extended past March 2007.