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Maximum military leave while on title 10...

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MarineGrunt

Will kill for peace.
Joined
Sep 18, 2002
Posts
1,854
True/False: If you are on title 10 orders, in support of contingency, that you are not limited to 5 years of mil leave. In other words, unlimited mil leave.

I've been digging for a sure answer, but can't find any solid confirmation.

Thanks.
 
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;
 
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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?
 
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?

I don't think your orders have to say what mine did exactly but they should say you are in support of OIF or OEF. If you want more just have your admin make an ammendment to clarify.
 

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