floater

Actually, not all Title 10 is USERRA exempt. There's a laundry list of things that would make it exempt but just because it's AD orders doesn't equal USERRA exempt. In fact, most title 10 orders that an ARC member would go on won't be exempt. If you don't have the USERRA exemption verbiage on your orders and/or the orders aren't cut for a reason that is categorically exempt (contingency orders, formal school, PME, etc.), it's not exempt. The SECAF guidance memo from SAF/MR states that if your orders do fall under one of the categorical exemption, you should have your orders clerk put the exemption verbiage on the orders.

Bottom line to all of this, the VLPAD orders, as the program is set up now, aren't USERRA exempt. You might be able to get a portion of that time exempt if you volunteer for a contingency deployment down range but that's about it.

Just don't want to see a dude with good intentions get burned and make career harming decisions based on an assumption that they have more USERRA time than they actually do. I've run the USERRA exemption wicket in my current job so I'm pretty familiar with the process.

AFTrainerGuy

100% correct. This became a issue for a lot of guys in the 2010 recall. Get the verbiage or assume it's not exempt.

rickair7777

For USERRA purposes, there is really no difference between regular AD and reserve/guard recall.

Whether or not the time is exempt from the five-year limit depends on the nature of the duty. There is no legal requirement that the orders state whether or not the duty is exempt, although that's certainly convenient and helpful if they do. If the orders don't state it, then you might have to explain/prove it to an employer which might require lawyers.