Originally Posted by
daldude
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this statement please refer to the Assistant Secretary of Defense's letter regarding this policy dated March 2007 which superseded the 2002 Assistant Secretary of Defenses letter establishing the 12301(d) exemption.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.
This is verbatim from the 31 Mar 2008 Letter:
USERRA and DODI 1205.12 provide authority for the Secretary of the Air Force to designate certain other periods of service as exempt from the five-year limit. This memorandum will address designated exemptions given under my authority, acting on the behalf for the Secretary of the Air Force.
I categorically approve the following exemption from the five-year limit:
Periods of service performed by an ARC member ordered to or retained on active duty under 10U.S.C. §12301(d) on or after September 14,2001, for the purpose of providing direct or indirect support of missions and operations associated with the National Emergency by Reason of Certain Terrorist Attacks, declared by Presidential Proclamation 7463, dated September 14,2001.
There is more for other types of orders, but not sure how this doesn't exempt orders under 12301(d) unless you had nothing to do with the war fighting effort. Everyone is either directly or indirectly supporting the mission and ops unless they are really well hidden. Is there something I'm missing?