Code of Federal Regulations Title 20. Employees' Benefits § 20.1002.135 What types of discharge or separation from uniformed service will make the employee ineligible for reemployment under USERRA?

(a) Separated from uniformed service with a dishonorable or bad conduct discharge;

(b) Separated from uniformed service under other than honorable conditions, as characterized by regulations of the uniformed service;

(c) A commissioned officer dismissed as permitted under 10 U.S.C. 1161(a) by sentence of a general court-martial;  in commutation of a sentence of a general court-martial;  or, in time of war, by order of the President;  or,

(d) A commissioned officer dropped from the rolls under 10 U.S.C. 1161(b) due to absence without authority for at least three months;  separation by reason of a sentence to confinement adjudged by a court-martial;  or, a sentence to confinement in a Federal or State penitentiary or correctional institution.