ANGI 36-101 - Air Force Link

ANGI36-101 3 JUNE 2010 15
2.8. Uniformed Services Employment and Reemployment Rights Act (USERRA)
Restoration Rights. Employees who separate from full-time civilian employment (to include
military technicians) to enter into the AGR program have restoration rights according to the
provisions identified in the USERRA of 1994, 38 U.S.C. 4301.
2.8.1. The Secretary of the Air Force shall determine those periods of active duty designated
as a critical mission or critical requirement that could be exempt from the five-year
cumulative service limit. This authority shall not be used to grant exemptions to avoid the
cumulative five-year service limit established by law or to extend Airmen on repeated AGR
tours.
2.8.1.1. Orders to active duty or orders retaining Airmen on active duty must specify the
authority for those orders.
2.8.2. Military technicians who separate from technician employment to enter into the AGR
program or to accept an ANG Title 10 Statutory Tour have restoration rights IAW TPR300
(353), Federal Personnel Manual. Individuals will not be restored to military technician
status solely to gain entitlement to a new period of restoration rights or to establish a new
high 3 years of income for federal civil service retirement computation. Exceptions to this
policy will not be considered. NGB/A1M will not allocate additional resources to
accommodate restoration to technician status.
2.8.2.1. Job announcements must indicate that this position is temporary indefinite until
such time as the departing individual is either restored or the restoration period expires.
2.8.3. Be yond the USERRA rights outlined in law in paragraph 2.8, ANG policy allows
restoration of AGR Airmen to their prior or a comparable position. AGR personnel who
enter an ANG Title 10 Statutory Tour, assigned to the NGB UMD (e.g. Title 10 U.S.C.,
Sections 10211, 10305, 12402 and 12310) have restoration rights not to exceed five years, to
the State from which they entered their initial Statutory Tour. Individuals will not be
restored to AGR status solely to gain entitlement to a new period of restoration rights.
Exceptions to this policy will not be considered. Each AGR Airman who enters an ANG
Title 10 Statutory Tour must be informed in writing and acknowledge such notice that the
individual is entitled to revert to the same military grade held prior to the Statutory Tour
assignment. Personnel promoted while on Statutory Tour may be placed into the Priority
Placement Program (PPP) as outlined in Chapter 10 if a full-time UMD position is not
available to support their current military grade. When the Airman in question is serving in a
controlled grade, the State must accommodate the Airman within their current controlled
grade allocations. NGB/A1 will not allocate additional controlled grades to accommodate
the Airmen return to State control nor allocate additional resources to accommodate
restoration to AGR status. .
2.8.3.1. When filling positions vacated by AGR personnel entering a Title 10 ANG
Statutory Tour, job announcements must indicate that this position is temporary indefinite
until such time as the departing individual is either restored or the restoration period
expires.