USERRA and Voluntary Return to Active Duty
 

I've heard rumors amongst my AD friends that the AF is looking for 11Fs who separated (not retired), to return to AD ops units for an indeterminate period of time (I'm assuming at least one 3-year assignment)...the purpose being to bridge the gap until they can increase throughput at the FTU level.

My question: Would this be treated differently under USERRA than a guardsmen or reservist being activated? My reading of USERRA suggests no, but I'm curious to hear whether anyone has first hand experience or knowledge.

Cheers

Wow, they are really desperate! Wish I could feel sorry for the 0-6s and beyond that caused this mess but I don't.

Not sure what you mean "treated differently under USERRA". However, you'll still have... as a minimum... your 5 years of recall rights.

Thanks Huggy, that's what I was driving at...namely, would one still be guaranteed to be able to return to a previous job as protected under USERRA if they chose to voluntarily return to AD vs. activation in the guard/reserve.

There is also the ethical question of not wanting to screw it up for the bros who may be trying to get jobs in the future (not that that has anything to do with USERRA).

A buddy of mine did this years ago when it was for all pilots. They made him retire, then they processed his return to active duty. There were some caveats.

1) He couldn't be promoted. (no biggie)

2) He was protected from PCS.

3) He couldn't be deployed unless he volunteered.

I'm not sure if it's going to be the same, but that's how it went for him.

No difference. USERRA protection(s) apply. It is military service.

And voluntary, or involuntary, the protections apply. There is no distinction. USERRA protection apply regardless. ;):eek:

Yes USERRA applies. But you would probably only get the five year limit, unless they somehow characterize this as an invol recall, which would be hard.

You may also avoid the five year limit if the AF applies a service obligation for the obvious re training required.

I think if they can make the recall part of a contingency, you can avoid the 5-year limit.

GF

When I was at an ALPA carrier, I was offered an AGR Tour with NGB. I asked the question of ALPA if I had USERRA protection, since the orders stated, "You are ordered to active duty with the permission of your governor and your permission." The ALPA Legal opinion was, "No."

I stopped by JAG on my way home from Drill one day, and asked for their opinion. The civilian JAG attorney (retired O6) told me that, in no uncertain terms, orders are orders. He told me that I have full protection.

There is no reason why this would not be covered. If you were never in the service, and one day signed up on a whim, you would have the same protections with your employer. I recommend that you make an appointment to speak with JAG. Getting legal advice from a bunch of pilots may be dangerous.

Additionally, keep in mind that the five year protection is automatically extended by any Presidential Call-Up named operation (i.e., Operation Noble Eagle, Operation Enduring Freedom, Operation Iraqi Freedom, etc.). There is no time limit on these.

I spoke with JAG during my last stint on AD. The attorney explained that the intent of the law is to make you whole, and treat you as if you had never left.

If you run into any push-back from your employer, please PM me. There is nothing I love more than making these bastards pay for their abuse of veterans.