C. Employee's period of military service cannot exceed five years [Appendix B].
1. Five year limit on military service is cumulative.
2. The five-year clock restarts when employee changes civilian employers.
3. Some types of service (e.g., periodic/special Reserve/NG training, service
in war or national emergency, service beyond five years in first term of
service) do not count toward the five year calculation.

The Asst Secretary of the Air Force declared a significant amount of military service exempt from the 5 year USERRA limitation. The initial memo came out 7 December 2001 and then further clarified 19 September 2005. In addition, Delta can honor Military Leave for as long wants. Here is an excerpt from the 2005 memo:


When an ARC member is ordered to active duty under section 12301(d) of title 10 on or after September 14, 2001, in 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. Affected 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.

I inquired with NWA central admin, and they confirmed said time will not count towards the 5 year limit. I would think DAL will follow suit as they seem quite supportive of the military. I agree though, those who abuse this (selectively dropping mil leave to maximize schedule/pay) should be held accountable.