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Old 04-09-2011 | 06:23 AM
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Default USERRA 5-year Limit / Stat Tours

Does anyone have experience with Title 10 Stat Tours as they relate to the USERRA 5-year limit?

Happy to PM if that works better.

Thanks!
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Old 04-09-2011 | 09:25 AM
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No experience on stat tours, but the 5-year limit applies.

GF
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Old 04-09-2011 | 09:26 AM
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Not sure what a Stat tour is...expand a bit.

I'll just give my example; maybe it helps. I'm on a 3-year Active-Duty order. The last line of my orders inludes verbage that says the 5-year limit does not apply, that is, I can take as much time as I want.

I don't have it handy now, but if you like, I can forward the paragraph of title 10 that covers this.
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Old 04-09-2011 | 05:58 PM
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Im talking about Title 10 statutory tours (NGB, etc). T38 Phlyer, PM on its way. Thanks.
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Old 04-10-2011 | 06:45 AM
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Almost anything is exempt from the five-year limit right now as long as it involves support for one of the various GWOT contingencies. I also think anything which is reasonable backfill for warfighters (ie IP tour) also counts, although that determination MUST be made the the competent authority writing the orders, and the orders should so state.

- Almost anything can qualify
- There's no audit system that I'm aware of to validate exemptions
- It doesn't cost the component anything to label requirements as exempt
- There is no benefit for the component to run a reservists five-year clock...that might even make him non-available when they need him later.

For these reasons, odds are really good that you will be exempt. Ask the competent authority to write it on your orders.

The only thing which I could see not being exempt would be an ADSW or AD recall to serve as the director of the USNA marching band, or something along those lines.
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Old 04-10-2011 | 11:10 AM
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Thanks for the help guys. Rickair, I guess I will try to back out of my commitment to the band, then! Hopefully they'll let me keep the conductor's wand, though. I tap out rhythms while surfing APC. One concern I have is that the airline doesn't have to calculate your five year clock until you apply for re-employment, at which time it could be too late. So I would want to be sure ahead of time that it is definitely exempt.
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Old 04-10-2011 | 11:43 AM
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Fly Z:

I sent the line from my orders to your PM, and a link for US Code.
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Old 05-06-2011 | 03:36 AM
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Originally Posted by UAL T38 Phlyer
Fly Z:

I sent the line from my orders to your PM, and a link for US Code.
I've heard you can get an "exempt" statement on your separation document (ie...DD214). Anyone have any experience with this?
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Old 05-07-2011 | 02:40 PM
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From what I understand, Title 10 has no time limit, but Title 32 AGR has a 5 year limit. I know guys down at NGB on title 10 who have told me this.
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Old 05-07-2011 | 03:38 PM
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Originally Posted by amcflyboy
From what I understand, Title 10 has no time limit, but Title 32 AGR has a 5 year limit. I know guys down at NGB on title 10 who have told me this.
There may be exceptions for GWOT/contingency support, and almost anything can count as GWOT support if the order-writing authority says so.
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