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Back Pay for Some Reservists Going Back to 1980?

USERRA violations are still ongoing

Recently Retired RAC
Formerly ICE
Mon Aug 27, 2007 10:01 PM

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I just recently filed my second USERRA case against ICE. I won the first one and the second case is so much more obviously a violation.

I requested accrued Sick Leave to attend physical examinations and procedures due to a serious heart condition. I provided test results and a letter from the VA authorizing the medical evaluation. (I was involved in the biochemical warfare testing on US Army personnel during 1975)

The DSAC asked if the medical conditional was the result of my military service. I replied that we weren't sure, but the tests would help tell.

The DSAC still would NOT approve the Sick Leave, so I had to retire to undergo numerous heart procedures including a quadruple bypass.

So why would a DSAC act like that - deny an employee accrued Sick Leave for serious heart condition just because it was the result of military service?

Was it because of anti-Vietnam sentiments against a Vietnam Era veteran? Or anti-Iraqi War sentiments against a current reservist?

Re: USERRA violations are still ongoing

Fed Employee / Military JAG
Withheld
Tue Aug 28, 2007 7:54 PM
I am a federal employee attorney and military Judge Advocate who has counseled many federal employees who are reservists and Natioanl Guard members. I can absolutely state that the worst USERRA violator is the federal government itself. Amazingly, many federal managers are outright hostile to Reserve/National Guard duty. You might think that the federal government would be a model employer when it comes to USERRA. You would be wrong. I have even documented cases where federal managers have outright told federal employees to quit the reserves. My message to these federal agencies: You might as well be supoorting the emeny because you are not supporting our fighting American men and women.

No punishment for USERRA violations!

Recently Retired RAC
Formerly ICE
Tue Aug 28, 2007 8:41 AM

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Why are there so many USERRA cases? Because if a manager/supervisor violates USERRA there is rarely any punishment.

If a manager/supervisor sexually harasses someone, then it could negatively affect their career. The same with racism. However, when was the last time a manager/supervisor was disclipined for an obvious violation of USERRA?

It is the discrimination that you can get away with!

Discovery

Program Analyst
USAF
Tue Aug 28, 2007 9:56 AM

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Is there any way to get time and attendance records going back to 1980? If anyone has suggestions, I'd like to know how to do it.

Re: Discovery

QAS
NASA
Tue Aug 28, 2007 10:27 AM
How does one even go about filing a claim???

Re: Discovery

LERS
DOD
Tue Aug 28, 2007 10:38 AM
Request them through your Guard/Researve HR office.

Re: Discovery

Human Resources and Retired Air National Guard
Defense
Wed Aug 29, 2007 10:07 AM
The Guard/Reserve won't have T&A records, unless that is the federal agency you work(ed) for. The Guard/Reserve will only have original orders. You must request T&A records from your employing agency. Air Force retains original orders for 56 years from creation. It may be similar for other services, but I don't know.

Bonuses not being paid going back to 1979

CSA
IRS
Tue Aug 28, 2007 11:13 AM

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When I was honorably discharged from regular army in 1978, I enlisted into the Army Reserves with the condition that I would receive a re-enlistment bonus. I enlisted on 03/24/1979. Unfortunately I never received the bonus that I was entitled to. The paperwork that I signed couldn't be found. So I hope he wins.

Tell me about it!

Supervisory IT Specialist
Navy
Tue Aug 28, 2007 11:35 AM

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Yes, the burden of proof is entirely on the person improperly charged leave. I was luck enough to have most of my records going back to 1993, but not all.

You need to provide a civilian LES and military orders, or military LES to prove you were charged for weekends.

I got back 5 or 6 days so far, and resubmitted when they changed the statue of limitations.

The process takes a LONG time. Over a year since I submitted it.

Back Pay for Reservist back to 1980.

Program Manager
Fleet Readiness Center. Southeast (FRCSE)
Wed Aug 29, 2007 6:52 AM

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How do we go about filing our information to get credit for this. Is there away we can get copys of our records if we are missing some of our orders.

Possible disparity in Butterbaugh decision

Special Agent
U.S. Postal Service - OIG
Wed Aug 29, 2007 7:07 AM

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I have been informed by U.S. Postal Service (USPS) Law Department that the Courts' rulings and MSPB rulings and any subsequent "Butterbaugh decision" is not applicable to USPS employees because the agency is quasi-governmental and therefore does not have to adhere to such decisons due to some type of "exception rule." Fundementally, I thought that USERRA protected all guard/reservists. I retained all my reserve duty documentation and believe I can prove (support) my pre-1994 claim. Is this a correct assertion by the USPS?

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