MarineGrunt
Will kill for peace.
- Joined
- Sep 18, 2002
- Posts
- 1,854
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Thanks for the response! I found the above as well, however, my orders do not have the same statement as yours. But I take it, since it's for OIF, I'm covered by part B?My orders say:
D. This is a MPA war efforts tour. The period of service under these orders is exempt from the five-year limit as provided in 38 USC 4312 (C) (4) (B). Member is in support of Operation Iraqi Freedom and Operation Enduring Freedom.
Here is a link to reference 38 USC 4312 (C) (4) (B).
http://www.dol.gov/vets/usc/vpl/usc38.htm#4312
§ 4312. Reemployment rights of persons who serve in the uniformed services
(a) Subject to subsections (b), (c), and (d) and to section 4304, any person whose absence from a position of employment is necessitated by reason of service in the uniformed services shall be entitled to the reemployment rights and benefits and other employment benefits of this chapter if--
(c) Subsection (a) shall apply to a person who is absent from a position of employment by reason of service in the uniformed services if such person's cumulative period of service in the uniformed services, with respect to the employer relationship for which a person seeks reemployment, does not exceed five years, except that any such period of service shall not include any service--
(4) performed by a member of a uniformed service who is--
(B) ordered to or retained on active duty (other than for training) under any provision of law because of a war or national emergency declared by the President or the Congress. as determined by the Secretary concerned;
Thanks for the response! I found the above as well, however, my orders do not have the same statement as yours. But I take it, since it's for OIF, I'm covered by part B?