Old 12-15-2009 | 09:55 PM
  #730  
puget
On Reserve
 
Joined: Dec 2009
Posts: 11
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In responce to Magicrat

Yes, LPRP orders are now exempt. Until last week they were not. Because the active duty AF was not following its own guidance, probably an oversight, as they dont have a USERRA 'dog' in this fight like I do.

I think many people, including myself, tried to hold them accountable to the assnt SECAF directive in 2001 and 2003 specifying OEF and GWOT as operations under which the 5 yr exemption should be invoked. Apparently the JA staff agreed at some point. The catch here, as I understand it, is that YOUR orders must state that they are exempt for it to apply to you-- voluntary or invol does not matter, only what is explicitly stated. Or a memo may be included in your personnel file to that extent. And until now there was no way to persuade or beg AFPC to include that phrase even though it cost them nothing.

Kudos to the staff at AFPC that finally passed it up, late is better than nothing and if you are already working for the Man than you have plenty of time to get a memo or an amendment.

I have been greatly helped by the Reserve Officer Association Law Lib Review, I even joined because of it. A very prolific 0-6 has written hundreds of articles on USERRA alone. He actually helped write USERRA in 1992ish.

http://www.roa.org/

hope this helps
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