Military Law Forum

[Anonymous User]

Can someone help me better understand USERRA for active duty volunteers?

The scenario I'm envisioning looks like this: let's say I already have a job lined up after graduation. A year into the job, I volunteer for active duty and am accepted as a USAF JAG. I do four years, and get out. Does my employer have to hold my position at the firm?

I keep reading how USERRA isn't just for reservists and guard, but that active duty volunteers can benefit. But that almost sounds too good to be true. Anyone have any insight as to whether or not this scenario would work?

[grayskies]

Yes, a four year voluntary period of active duty service (even if enlistment/commissioning began after starting with your civilian employer) falls squarely within the bounds of USERRA. Most associate USERRA with Guard and Reserve because that is the typical situation that arises. However, it covers all types of military service. Now, you get 5 years of cumulative leave per employer. So, if after four years on active duty you go back to this employer and stay on as a reservist or guardsman, then you will only have one year of time left to take any additional military leave. But even then there are exceptions. Someone on here is probably more versed than I am but I believe in the time period since 9/11, the 5 year time limit has not even applied because of the global war on terror. But I don't want to be 100% on that, especially since I don't know how that is being treated on a policy level since withdrawal from Afghanistan. Also keep in mind there are other requirements on your end but they are easy to satisfy: i.e., proper notice to the employer (both before and after service stating your intention to return), having a qualifying discharge, etc.

[Anonymous User]

Yes, a four year voluntary period of active duty service (even if enlistment/commissioning began after starting with your civilian employer) falls squarely within the bounds of USERRA. Most associate USERRA with Guard and Reserve because that is the typical situation that arises. However, it covers all types of military service. Now, you get 5 years of cumulative leave per employer. So, if after four years on active duty you go back to this employer and stay on as a reservist or guardsman, then you will only have one year of time left to take any additional military leave. But even then there are exceptions. Someone on here is probably more versed than I am but I believe in the time period since 9/11, the 5 year time limit has not even applied because of the global war on terror. But I don't want to be 100% on that, especially since I don't know how that is being treated on a policy level since withdrawal from Afghanistan. Also keep in mind there are other requirements on your end but they are easy to satisfy: i.e., proper notice to the employer (both before and after service stating your intention to return), having a qualifying discharge, etc.

This is wild. So I could work a year in private practice, let my employer know I’ve been accepted in the JAG Corps, and they’d have to save my spot for 5 years?

[grayskies]

Yes, they have to hold it for the period of time that you are on active duty, up to a cumulative total of 5 years. So long as you satisfy the obligations on your end.

If you haven't already, reference this link:

https://www.dol.gov/agencies/vets/progr ... boutuserra

When I say obligations, you'll see that the required notice period on your end changes depending on the length of your active service.

Edit: adding a second helpful link:
https://www.dol.gov/agencies/vets/progr ... -Guide#ch3

[Anonymous User]

I just noticed in the top right corner of the AF DAP app, it now says for Board Type: "DAP Board (14-Sep-2021)." I think it used to say (1-Sep-2021), and then it said (3-Sep-2021). Does this maybe mean we find out tomorrow, or does this mean that the Board is meeting tomorrow? Anyone know?

[jc57885a]

I just noticed in the top right corner of the AF DAP app, it now says for Board Type: "DAP Board (14-Sep-2021)." I think it used to say (1-Sep-2021), and then it said (3-Sep-2021). Does this maybe mean we find out tomorrow, or does this mean that the Board is meeting tomorrow? Anyone know?

I would think the board has met already....I've gathered that the board appears to meet the first full week of the month and results seem to come sometime the week after, or early the following. Based on that, I'd think they've met already...but I didn't expect to hear from them so soon! Fingers crossed. Tomorrow we ride!

Also - I heard from the base I interviewed at that applications were down this year. I interviewed during the third week of August and was apparently only the second person to interview. Hopefully that's a trend across the board that works in our favor!

[willbailey]

I just noticed in the top right corner of the AF DAP app, it now says for Board Type: "DAP Board (14-Sep-2021)." I think it used to say (1-Sep-2021), and then it said (3-Sep-2021). Does this maybe mean we find out tomorrow, or does this mean that the Board is meeting tomorrow? Anyone know?

I'm pretty sure that date is usually the meeting date.

[jc57885a]

I just noticed in the top right corner of the AF DAP app, it now says for Board Type: "DAP Board (14-Sep-2021)." I think it used to say (1-Sep-2021), and then it said (3-Sep-2021). Does this maybe mean we find out tomorrow, or does this mean that the Board is meeting tomorrow? Anyone know?

I'm pretty sure that date is usually the meeting date.

Does the board only meet one day? How long after they meet do we usually start getting results? I know it has to go through TJAG first

[Anonymous User]

Last year, phone calls started going out on Tuesday 9/22/20. So here is hoping we find out next week!

[Anonymous User]

Last year, phone calls started going out on Tuesday 9/22/20. So here is hoping we find out next week!

[Anonymous User]

Has anyone heard anything yet for the AF?

[litigation-nation]

Has anyone heard anything yet for the AF?

I haven't. Apologies if this is answered earlier in the thread, but do you get a call or notification if you are not selected, or do they just ghost you?

[jc57885a]

Has anyone heard anything yet for the AF?

I haven't. Apologies if this is answered earlier in the thread, but do you get a call or notification if you are not selected, or do they just ghost you?

I haven't heard yet either. Expecting it any day now. This is my first board - though probably not last haha.
Apparently the way it works is that the SJA will call you as soon as they receive notification of your selection (or relatively soon after). Calls come on the same day for most people. If you don't get a call, you get an email or letter rejection notice. Then you try again!

[astinson92]

They ghost us for about a week or so after calls go out to the selectees. Then we get an email notifying you that you were not selected. I’m not sure why they don’t just send out the rejection email the same day as acceptance calls.

[Anonymous User]

AF calls going out, congrats to everyone selected

[Anonymous User]

AF calls going out, congrats to everyone selected

As of this morning? Or this afternoon?

[Anonymous User]

What this guy said ^

Has anyone else heard anything?

[Anonymous User]

We haven’t heard either way. Did above person actually get a call? How do we know they actually started calling? Has anyone else heard anything?

[Anonymous User]

What this guy said ^

Has anyone else heard anything?

Super weird only one anonymous guy heard at 3 pm. Usually this thread pops off at the news. Congrats to those who made it, though. Looks like I’ll be resubmitting for November!

[Patrick Bateman]

What this guy said ^

Has anyone else heard anything?

Super weird only one anonymous guy heard at 3 pm. Usually this thread pops off at the news. Congrats to those who made it, though. Looks like I’ll be resubmitting for November!

Calls did indeed start going out yesterday.

[Anonymous User]

Hello all, got the call on Friday morning from the SJA I interviewed with re: my selection. Good luck to everyone.

[Anonymous User]

I know this is me just speculating. But, is everyone's application still grayed out (like you can't select the November Board)? If so, maybe that means not all of the calls have been made?

[WildThornberry]

Received AF rejection email today and submitted for November board. Best of luck to all.

[astinson92]

I was just about to submit my Army JAGC application when the servers went down again. Does anybody have the email we are supposed to message in the case we're not able to submit an application due to downed servers?

[ras5241]

Tip for those going Army or already selected for Army JAG from law school: where you take the bar exam matters. Training dates are assigned by preference, but mainly by who gets all their documents in first. One of those documents is the letter of good standing, which you can only get by passing the bar and being admitted as an attorney to a jurisdiction.

I was accepted to Army JAG last year, passed the bar this July, and will head to training in January (the earliest date for my cohort's training schedule).Training dates were this coming January, April, or August. I know some elected to go later, but if you want to start on the earliest possible date, make sure you get your stuff in and pick a state that releases bar exam scores early on. I took the bar in a state that releases results in early Sept./late August, so I was one of the first to get my score and letter of good standing sent in. But some people are waiting on late release states, which also had problems with the software, so they're looking at November/December/January until they just get their scores.

TL;DR: plan your bar exam application for states that release scores early.