USERRA 5-year Limit / Stat Tours
#3
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.
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.
#5
Prime Minister/Moderator

Joined: Jan 2006
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From: Engines Turn or People Swim
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.
- 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.
#6
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Gets Weekends Off
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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.
#8
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#10
Prime Minister/Moderator

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From: Engines Turn or People Swim
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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