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96-557: USERRA clarifies and strengthens the Veterans' Reemployment Rights (VRR) Statute by protecting civilian job rights and benefits for veterans, members of reserve components , and even individuals activated by the President of the United States to provide Federal Response for National Emergencies. USERRA also makes major improvements in protecting service member rights and benefits by clarifying

192-430: A US Government website , in the public domain. Veteran A veteran (from Latin vetus  'old') is a person who has significant experience (and is usually adept and esteemed) and expertise in an occupation or field . A military veteran is a person who is no longer serving in the armed forces . A topic of interest for researchers has been the health of military personnel after leaving

288-855: A state of emergency by the governor of the state or territory where they serve, or in the case of Washington, D.C., by the Commanding General. Unlike U.S. Army Reserve members, National Guard members cannot be mobilized individually, except through voluntary transfers and Temporary Duty Assignments (TDY). The types of activation are as follows: law enforcement; others as determined by governor civil support; law enforcement; counter drug; WMD response; expeditionary missions; civil support and law enforcement Oklahoma City bombing ; Kansas tornadoes ; California wildfires ; various hurricanes post- 9/11 airport security; SLC Olympics ; Hurricane Katrina Cuba; Iraq; 1992 Los Angeles riots The term "activated" simply means that

384-410: A 53% increase in referrals from doctors. In Australia, Canada, the U.K., and the U.S., military veterans of all ages carry a substantially elevated suicide risk relative to the general population, particularly younger veterans. In Canada, Denmark, the U.K., and the U.S., deployment to a war zone (unless in a combat role) has not been associated with an increased risk of suicide. A study of

480-526: A federally-funded mission under Title 32 ("National Guard"). Outside federal activation, the Army and Air National Guard may be activated under state law. This is known as state active duty (SAD). When National Guard units are not under federal control, the governor is the commander-in-chief of the units of his or her respective state or territory (such as Puerto Rico, Guam and the Virgin Islands). The President of

576-742: A full-time cadre of Active Guard & Reserve (AGR) personnel in both the Army National Guard and Air National Guard, plus Army Reserve Technicians in the Army National Guard and Air Reserve Technicians (ART) in the Air National Guard. The National Guard is a joint activity of the United States Department of Defense (DoD) composed of reserve components of the United States Army and the United States Air Force :

672-781: A norm in the Veteran's Administration hospitals during and after both World Wars. In its most basic form the playing of recordings on the Victrola in WW I, hospitals had measurable positive effects on the wounded and shell-shocked patients. This began the use of a somewhat primitive music therapy in all American military hospitals.” Veterans are at higher risk than the general population for several disorders, especially younger veterans (those younger than 25). Younger veterans are at increased risk for substance use disorders, including alcohol use disorder , and mental illnesses in general. Necessity has resulted in

768-477: A number of sources of help being made available for veterans. Many of these are independent, charitable organisations, and in some countries the aftercare and rehabilitation services provided by Governments have been inadequate. This may be because they do not wish to give attention to the negative effects of military service and the difficulties of readjustment to civilian life for it may have an adverse impact upon recruitment for their armed forces. Nevertheless, help

864-521: A reservist/employee to prove that an employer violated the VRRA, the reservist/employee must show the employer's discriminatory actions against the reservist/employee were "motivated solely by reserve status." The Court's holding in Monroe resulted in the enactment of USERRA, which was written, in part, to overrule Monroe' burden of proof requirement. The burden of proof under USERRA today is much easier. USERRA, which

960-455: A significant economic impact, and with the aid of VA loans were able to buy housing and establish themselves as part of a growing American middle class. The explosion of the suburbs created sufficient housing for veterans and their families. Many veterans of Operation Enduring Freedom and Operation Iraqi Freedom have had to face challenges unique to warfare in the 21st century. One significant difference between OEF and OIF and previous wars

1056-438: A significant number of veterans. Studies involving veterans with combat-related PTSD indicate that between 4-17% of United States veterans have been diagnosed with PTSD. Their United Kingdom counterparts, however, have significantly lower numbers of just 3-6%. New treatment programs are emerging to assist veterans suffering from post-combat mental health problems such as depression and PTSD. Cognitive Behavioral Therapy (CBT),

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1152-471: A time of national emergency. USERRA clearly establishes that reemployment protection does not depend on the timing, frequency, duration, or nature of an individual's service as long as the basic eligibility criteria are met. USERRA also provides protection for disabled veterans by requiring employers to make reasonable efforts to accommodate the disability. Service members convalescing from injuries received during service or training may have up to two years from

1248-559: A unit or individual of the reserve components has been placed on orders. The purpose and authority for that activation determine limitations and duration of the activation. The Army and Air National Guard may be activated in a number of ways as prescribed by public law. Broadly, under federal law, there are two titles in the United States Code under which units and troops may be activated: as federal soldiers or airmen under Title 10 ("Armed Forces") and as state soldiers or airmen performing

1344-574: A veteran for a parent; this decreased to 16% in 2014. In 2016, of the veterans who were born outside of the United States, Mexican and Filipino Americans made up the two largest populations, with 3% of all veterans having been born outside of the United States. As of 2017 there are some 21 million American veterans. According to the Pew Research Center, "Among men, only 4% of millennials [born 1981-96] are veterans, compared with 47%" of men in their 70s and 80s, "many of whom came of age during

1440-462: Is a greater dependence on reservists and repeat deployments. Up to 80% of troops deployed at the beginning of OEF were part of the National Guard and Reserve and about 40% of currently serving military members have been deployed more than once. This has meant that many deployed troops, not being as "steeped in military culture" have had more difficult transitions into military life, and for many

1536-570: Is a relatively recent statute, not much case law interpreting it or its corresponding regulations has been developed. On January 1, 2008, a five-year pilot project ended that had given the Office of Special Counsel shared responsibility with The Department of Labor for assisting federal employee USERRA claimants in initial claims. All claims must now be filed directly with the Department of Labor This article contains information that originally came from

1632-567: Is also an effective and noninvasive, drug-free treatment for PTSD, although it has not been tested against specific military traumatic exposure for efficacy. Veterans under the age of 25 are at higher risk for PTSD than veterans older than 25. Younger veterans with severe PTSD are at higher risk for metabolic syndrome and suicide . Music therapy provides veterans with a way to express themselves, escape from anxiety, and helps them cope with their PTSD. In Mike Lawson “Music and Science Meet…Music Therapy”, Lawson explains “Modern music therapy became

1728-479: Is available and veterans should feel able to make contact and ask for assistance or advice to the broad network of organizations , and to appropriate legislators , without feeling that this is a weakness. Military service can be a profoundly unnatural experience and it is likely that some help may be needed in debriefing and rehabilitation into the community, whether it be medical, psychological, practical or financial. There were an estimated 57,849 homeless veterans in

1824-669: Is becoming an important method for the treatment of mental health issues among veterans, and is currently considered the standard of care for depression and PTSD by the United States Department of Defense . CBT is a psychotherapeutic approach that aims to change the patterns of thinking or behavior that responsible for patient's negative emotions and in doing so change the way they feel. It has been proven to be an effective treatment for PTSD among war veterans. Recently, online programs that pair CBT with therapist interaction have also proven effective in treating mental health problems among veterans. Eye Movement Desensitization and Reprocessing (EMDR)

1920-657: Is either an Army or an Air Force four-star general officer , and is the senior uniformed National Guard officer, and is a member of the Joint Chiefs of Staff. In this capacity, he serves as a military adviser to the President, the Secretary of Defense, the National Security Council and is the Department of Defense's official channel of communication to the Governors and to State Adjutants General on all matters pertaining to

2016-702: Is given the power to pass laws for "calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions." Congress is also empowered to come up with the guidelines "for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of

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2112-760: Is headed by the Chief of the National Guard Bureau (CNGB), who is a four-star general in the Army or Air Force and is a member of the Joint Chiefs of Staff . The National Guard Bureau is headquartered in Arlington County, Virginia, and is a joint activity of the Department of Defense to conduct all the administrative matters pertaining to the Army National Guard and the Air National Guard . The chief

2208-462: Is held on November the 11th and is focused mostly on the veterans who died in service. A red or white Poppy is worn on the lapel (for remembrance or for peace, respectively) in the weeks up to the date, and wreaths and flowers laid at memorials to the dead. In Russia, a tradition was established after World War II where newly married couples would on their wedding day visit a military cemetery . In France, for instance, those wounded in war are given

2304-458: Is impossible, unreasonable, or precluded by military necessity. An employee should provide notice as far in advance as is reasonable under the circumstances. Additionally, service members are able to use accrued vacation, sick, or annual leave while performing military duty. Another Federal law (5 U.S.C. 6323) gives federal civilian employees the right to 120 hours (15 days) per fiscal year of paid military leave. The U.S. Department of Labor, through

2400-582: Is more than 8 percent. Women make up nearly 11.6 percent of OEF/OIF/OND Veterans. A tri-state (Washington, Idaho, Oregon) women veterans conference in Pendleton, Oregon , in April 2008, attracted 362 women veterans, according to the East Oregonian newspaper. A growing number of states are recognizing June 12 as Women Veterans Day , either through proclamation or legislative action. On August 5, 2011, Erica Borggren

2496-644: Is the case in the National Guard, a state must meet specific requirements such as having a set percentage of its members in the federal reserves. 10 U.S.C.   § 7851 . National Guard units can be mobilized for federal active duty to supplement regular armed forces during times of war or national emergency declared by Congress, the President or the Secretary of Defense . They can also be activated for service in their respective states upon declaration of

2592-616: Is the increasingly common traumatic brain injury , or TBI, the effects of which can range from a mild concussion to amnesia and serious neurological damage. Women have served in the United States military for over two hundred years. Some female veterans perceive themselves as discriminated against by their male counterparts and, as such, women who have served in the armed forces have sometimes been known as "the invisible veterans". Women were not fully recognized as veterans until after WWII, and prior to this they were not eligible for VA benefits. The current percentage of U.S. Veterans who are women

2688-515: The Army National Guard and the Air National Guard , respectively. Colonial militias were formed during the British colonization of the Americas from the 17th century onward. The first colony-wide militia was formed by Massachusetts in 1636 by merging small, older local units, and several National Guard units can be traced back to this militia. The various colonial militias became state militias when

2784-460: The Committee on the Militia , sponsored the 1903 Dick Act towards the end of the 57th U.S. Congress . Under this legislation, passed 21 January 1903, the organized militia of the states were given federal funding and required to conform to Regular Army organization within five years. The act also required National Guard units to attend twenty four drills and five days annual training a year, and, for

2880-540: The First World War . In the years following, discontented veterans became a source of instability. They could quickly organize, had links to the army and often had arms themselves. The Bonus Army of unemployed veterans was one of the most important protest movements of the Great Depression , marching on Washington, D.C. to get a claimed bonus now that Congress had promised them decades in the future. Each state of

2976-965: The Guam Air National Guard . Both the Army National Guard and Air National Guard are expected to adhere to the same moral and physical standards as their "full-time" active duty and "part-time" reserve federal counterparts. The same ranks and insignia of the U.S. Army and U.S. Air Force are used by the Army National Guard and the Air National Guard, respectively, and National Guard members are eligible to receive all United States military awards . The respective state National Guards also bestow state awards for services rendered both at home and abroad. Under Army and Air Force regulations, these awards may be worn while in state, but not federal, duty status. Regular Army and Army Reserve soldiers are also authorized to accept these awards, but are not authorized to wear them. Many states also maintain their own state defense forces . Although not federal entities like

Uniformed Services Employment and Re-employment Rights Act of 1994 - Misplaced Pages Continue

3072-679: The Korean War and its aftermath." President Abraham Lincoln , in his second inaugural address in 1865 towards the end of the American Civil War , famously called for good treatment of veterans: "[T]o care for him who shall have borne the battle, and for his widow, and his orphan". The American Civil War produced veterans' organizations, such as the Grand Army of the Republic and United Confederate Veterans . The treatment of veterans changed after

3168-585: The Massachusetts Bay Colony's General Court , the colony's militia was organized into three permanent regiments to better defend the colony. Today, the descendants of these first regiments - the 181st Infantry , the 182nd Infantry , the 101st Field Artillery , and the 101st Engineer Battalion of the Massachusetts Army National Guard – share the distinction of being the oldest units in the U.S. military. December 13, 1636, thus marks

3264-685: The Militia Act of 1903 . They were now subject to an increasing amount of federal control, including having arms and accoutrements supplied by the central government, federal funding, and numerous closer ties to the Regular Army. Proposals for the establishment of a National Guard component for the United States Space Force has existed for years, even as early as 2018. A report by the Congressional Budget Office indicated that

3360-667: The National Defense Act of 1916 , which required the use of the term "National Guard" for the state militias and further regulated them. Congress also authorized the states to maintain Home Guards , which were reserve forces outside the National Guards deployed by the federal government. In 1933, with the passage of the National Guard Mobilization Act, Congress finalized the split between the National Guard and

3456-533: The Office of the Assistant Secretary for Veterans' Employment and Training (VETS) provides assistance to all persons having claims under USERRA, including Federal and Postal Service employees. If resolution is unsuccessful following an investigation, the service member may have their claim referred to the Department of Justice for consideration of representation in the appropriate District Court, at no cost to

3552-603: The Pritzker Military Library on January 24, 2013, to discuss important issues facing female veterans in today's military. African Americans have participated in every war fought by or within the United States. Black veterans from World War I experienced racial persecution on returning to the U.S. from overseas, particularly in Southern cities. Black veterans from World War II continued to be denied equality at home despite President Harry S. Truman 's desegregation of

3648-402: The Secretary of the Army . In 1956, Congress finally revised the law and authorized "State defense forces" permanently under Title 32, Section 109, of the United States Code. Although there are no Naval or Marine Corps components of the National Guard of the United States, there is a Naval Militia authorized under federal law. 10 U.S.C.   § 8901 . Like the soldiers and airmen in

3744-525: The U.S. Air Force when activated for federal missions. It is a military reserve force composed of National Guard military members or units of each state and the territories of Guam , the Virgin Islands , Puerto Rico , and the District of Columbia , for a total of 54 separate organizations. It is officially created under Congress's Article 1 Section 8 ability to "raise and support armies". All members of

3840-578: The "escalator" position. USERRA also provides that while an individual is performing military service, he or she is deemed to be on a furlough or leave of absence and is entitled to the non-seniority rights and benefits accorded other individuals on comparable types of non-military leaves of absence. Health and pension plan coverage for service members is provided for by USERRA. Individuals performing military duty of more than 30 days may elect to continue employer sponsored health care for up to 24 months; however, they may be required to pay up to 102 percent of

3936-484: The 19th century. It did set up two small hospitals for them in the 1680s. In London and other cities the streets teemed with disabled or disfigured veterans begging for alms. The First World War focused national attention on veterans, especially those who had been partly or wholly disabled. The King's National Roll Scheme (KNRS) was an employment program for disabled veterans of the First World War. Kowalsky says it

Uniformed Services Employment and Re-employment Rights Act of 1994 - Misplaced Pages Continue

4032-570: The Army and Air Force under the Department of Defense . The National Guard Bureau provides a communication channel for state National Guards to the DoD. The National Guard Bureau also provides policies and requirements for training and funds for state Army National Guard and state Air National Guard units, the allocation of federal funds to the Army National Guard and the Air National Guard, and other administrative responsibilities prescribed under 10 U.S.C.   § 10503 . The National Guard Bureau

4128-481: The Army's structure. The National Guard of the several states, territories, and the District of Columbia serves as part of the first line of defense for the United States. The state National Guard is organized into units stationed in each of the 50 states, three territories, and the District of Columbia, and operates under their respective state or territorial governor , except in the instance of Washington, D.C. , where

4224-708: The Belgian commitment of the Congolese to World War II live in communities throughout the Congo. Though they received compensation from the government during the rule of the dictator Mobutu Sese Seko , after his overthrow they no longer receive pensions. Ex-service is British terminology for veterans, which refers to those who have served in the British Empire or Commonwealth Armed Forces . Britain, with its historic distrust of standing armies, did little for its veterans before

4320-474: The Constitution recognized the existing state militias, and gave them vital roles to fill: "to execute the Laws of the Union, suppress Insurrections and repel Invasion." (Article I, Section 8, Clause 15). The Constitution distinguished "militias," which were state entities, from "Troops," which were unlawful for states to maintain without Congressional approval. (Article I, Section 10, Clause 3). Under current law,

4416-581: The London Metro on 28 January 2010, 'Veterans prone to suicide' , cited a report by the Mental Health Foundation saying that more needed to be done to care for UK veterans of the Afghanistan War . Many had "plunged into alcohol problems, crime and suicide" upon their return. In the U.S., the suicide rate among veterans is 300% the national average. They account for 30% of the suicides in

4512-411: The National Guard are also members of the organized militia of the United States as defined by 10 U.S.C.   § 246 . National Guard units are under the dual control of state governments and the federal government. The majority of National Guard soldiers and airmen hold a civilian job full-time while serving part-time as a National Guard member. These part-time guardsmen are augmented by

4608-824: The National Guard of the United States, members of the Naval Militia are authorized federal appointments or enlistments at the discretion of the Secretary of the Navy . 10 U.S.C.   § 7852 . To receive federal funding and equipment, a state naval militia must be composed of at least 95% of Navy, Coast Guard, or Marine Corps Reservists. As such, some states maintain such units. Some states also maintain naval components of their State Defense Force. Recently, Alaska , California, New Jersey , New York, South Carolina , Texas and Ohio have had or currently maintain naval militias . Other states have laws authorizing them but do not currently have them organized. To receive federal funding, as

4704-435: The National Guard of the United States, these forces are components of the state militias like the individual state National Guards. These forces were created by Congress in 1917 as a result of the state National Guards' being deployed and were known as Home Guards. In 1940, with the onset of World War II and as a result of its federalizing the National Guard, Congress amended the National Defense Act of 1916 , and authorized

4800-470: The National Guard operates under the President of the United States or their designee. The governors exercise control through the state adjutants general . Governors may call up the National Guard for active duty to help respond to domestic emergencies and disasters, such as hurricanes, floods, and earthquakes. The National Guard is administered by the National Guard Bureau , a joint activity of

4896-595: The National Guard. He is responsible for ensuring that the more than half a million Army and Air National Guard personnel are accessible, capable, and ready to protect the homeland and to provide combat resources to the Army and the Air Force. He is appointed by the President in his capacity as Commander in Chief . The respective state National Guards are authorized by the Constitution of the United States . As originally drafted,

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4992-506: The Officers, and the Authority of training the Militia according to the discipline prescribed by Congress" (clause 16). The President of the United States is the commander-in-chief of the state militias "when called into the actual Service of the United States." (Article II, Section 2). The traditional state militias were redefined and recreated as the "organized militia"—the National Guard, via

5088-579: The Soldiers' and Sailors' Civil Relief Act during World War I as a means of offering similar protections to service members fighting in Europe. Shortly before the United States entered World War II , Congress passed the Selective Training and Service Act of 1940 . The rationale behind the law lay partly in providing a means for drafted individuals to return to their jobs at the cessation of hostilities. After

5184-504: The U.S. army found that the career stage carrying the greatest risk was initial military training . Research in several countries has found that the personnel most at risk include those who: had a troubled childhood ; are of low rank ; have close-combat roles in war; and/or leave service soon after joining. Other risk factors common to military life include depression , posttraumatic stress disorder , alcohol misuse , bullying and sexual harassment . An article in

5280-600: The UK homelessness charity CRISIS (1994) and the Ex-Services Action Group (1997) both found that a quarter of homeless people had previously served in the armed forces. The Times newspaper reported on 25 September 2009 that in England and Wales the number of "military veterans in jail has more than doubled in six years". Another Times article of the same date quoted the veterans mental health charity Combat Stress as reporting

5376-574: The US annually. According to a 2015 report by the Japanese Ministry of Defense , 56 Japan Self Defense Force members had committed suicide after serving in overseas missions to Iraq and the Indian Ocean . Defense officials stated that 14 deaths were due to mental illness, 13 to family or financial problems and three to official duties. Posttraumatic Stress Disorder (PTSD) is a condition that affects

5472-490: The USERRA allows a party to establish discrimination by, among other things, examining the proximity in time between the adverse act (like firing) and the military service event (like an employee informing an employer of the employee's military obligation), whether the employer followed its internal policies, and whether the military employee was treated differently than other non-military employees. USERRA applies to all employers in

5568-407: The United States during January 2013, accounting for 12 percent of all homeless adults. Just under 8 percent of homeless U.S. veterans are female. [REDACTED] Media related to Veterans at Wikimedia Commons United States National Guard The National Guard is a state-based military force that becomes part of the U.S. military's reserve components of the U.S. Army and

5664-717: The United States became independent. The title "National Guard" was used in 1824 by some New York State militia units, named after the French National Guard in honor of the Marquis de Lafayette . "National Guard" became a standard nationwide militia title in 1903, and has specifically indicated reserve forces under mixed state and federal control since 1933. On December 13, 1636, the first militia regiments in North America were organized in Massachusetts. Based upon an order of

5760-411: The United States commands the District of Columbia National Guard, though this command is routinely delegated to the Commanding General of the DC National Guard. States are free to employ their National Guard forces under state control for state purposes and at state expense as provided in the state's constitution and statutes. In doing so, governors, as commanders-in-chief, can directly access and utilize

5856-405: The United States maintained only a minimal army and relied on state militias, directly related to the earlier Colonial militias to supply the majority of its troops. As a result of the Spanish–American War , Congress was called upon to reform and regulate state militias' training and qualification. U.S. Senator Charles W. F. Dick , a Major General in the Ohio National Guard and the chair of

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5952-440: The United States sets specific criteria for state-specific veterans' benefits. For federal medical benefits from the Department of Veterans Affairs (VA) hospitals, prior to 7 September 1980 the veteran must have served at least 180 days of active duty, after the above-mentioned date the veteran must have served at least 24 months. However, if the veteran was medically discharged and receives a VA service-connected disability stipend,

6048-493: The United States. This includes Federal, State, Local, Private and even Foreign Companies operating within the United States and its territories. USERRA also applies to all United States employers operating in Foreign countries. Returning service-members are to be reemployed in the job that they would have attained had they not been absent for military service, this is known as the "escalator principle" (See FISHGOLD v. SULLIVAN DRYDOCK & REPAIR CORP., 328 U.S. 275 (1946) ), with

6144-454: The beginning of the organized militia, and the birth of the National Guard's oldest organized units is symbolic of the founding of all the state, territory, and District of Columbia militias that collectively make up today's National Guard. Previous to this, unregulated militias were mustered sporadically in Spanish and English colonies. On September 16, 1565, in the newly established Spanish town of St. Augustine , militia were assigned to guard

6240-452: The claimant. Federal and Postal Service employees may have their claims referred to the Office of Special Counsel for consideration of representation before the Merit Systems Protection Board (MSPB). If violations under USERRA are shown to be willful, the court may award liquidated damages. Individuals who pursue their own claims in court or before the MSPB may be awarded reasonable attorney and expert witness fees if they prevail. Because USERRA

6336-400: The cost of the creation of a larger Space National Guard, which would be ~33% of the Space Force, calculating that the annual operating cost would be $ 385 million to $ 490 million per year. However, several states already have existing National Guard space operations, including Alaska , California , Colorado , Florida , New York , Arkansas , and Ohio ; there is also a space component in

6432-440: The creation of a Space National Guard, as proposed by the National Guard Bureau, would cost an additional $ 100 million per year in operations and support costs, with a onetime cost of $ 20 million in the construction of new facilities. This report directly contradicted the statement by the National Guard Bureau that a Space National Guard would only have a onetime cost at creation, and then be cost-neutral. The report also analyzed

6528-495: The date of completion of service to return to their jobs or apply for reemployment. The USERRA also protects a member of the armed services from employment discrimination relating to one's military service. Under USERRA an employee must show that their military service was a "substantial" or "motivating factor" in the employer's adverse employment action, like firing or demotion. Since employers rarely tell reservist/employees that they are being fired because of their military service,

6624-476: The end of World War II, a federal court in the State of Washington decided a case similar to Fishgold. In Niemiec v. Seattle Rainier Baseball Club, Inc., 67 F. Supp. 705, 711 (W.D. Wash. 1946), the court applied Fishgold's holding by requiring a professional baseball club (now the Seattle Mariners) to rehire a former player who was absent from the team for three years because of World War II required service. While acknowledging "the seriousness to baseball of having

6720-618: The expedition's supplies while their leader, Pedro Menéndez de Avilés , took the regular troops north to attack the French settlement at Fort Caroline on the St. Johns River . This Spanish militia tradition and the tradition that was established in England's North American colonies provided the basic nucleus for Colonial defense in the New World. The militia tradition continued with the New World's first permanent English settlements. Jamestown Colony (established in 1607) and Plymouth Colony (established in 1620) both had militia forces, which initially consisted of every able-bodied adult male. By

6816-440: The first claim on any seat on public transit . Most countries have a holiday such as Veterans Day to honour their veterans, along with the war dead . In Zimbabwe , the term veteran is used for political purpose and may not actually refer to someone that participated in a war, but rather to someone who feels entitled to some benefit because of association with a cause for which there had been an actual war. Some veterans from

6912-479: The first time, provided for pay for annual training. In return for the increased federal funding which the act made available, militia units were subject to inspection by Regular Army officers, and had to meet certain standards. It required the states to divide their militias into two sections. The law recommended the title "National Guard" for the first section, known as the organized militia, and "Reserve Militia" for all others. During World War I , Congress passed

7008-426: The full premium. For military service of less than 31 days, health care coverage is provided as if the service member had remained employed. USERRA clarifies pension plan coverage by making explicit that all pension plans are protected. The period an individual has to make application for reemployment or report back to work after military service is based on time spent on military duty. For service of less than 31 days,

7104-541: The general public, nor have their dedicated Veterans Day , although events are sometimes orchestrated by minority groups. The way veterans are portrayed in the media is likely to contribute to public attitudes. A small scale survey in 2020 indicated several ways in which veterans themselves feel that their representation in the media could be improved, by avoiding certain stereotypes . Many countries have longstanding traditions, ceremonies, and holidays to honour their veterans. In Commonwealth member states, Remembrance Day

7200-706: The geopolitical realities of the Cold War to justify further veteran-friendly legislation. During the Cold War, the Selective Service and Training Act of 1940 underwent a series of modifications including the Selective Service Act of 1948 and the Universal Military Training and Service Act of 1967. The protections set out in the Selective Service and Training Act of 1940 generally remained the same while

7296-644: The highest densities of veterans in a major country, with 13 million in 2000, or 219 per 1,000 population. In the United States, a veteran is a person who has served in the armed forces (including the Reserve and certain members of the United States National Guard ) and was discharged under conditions other than dishonorable. A common misconception is that only those who have served in combat or those who have retired from active duty can be called military veterans. In 1990, 40% of young Americans had

7392-501: The increased redeployment rate has meant more transitions, more uncertainty, longer terms, and shorter dwell times, all of which contribute to greater stress. Due to medical advances, warfare in the 21st century tends to yield more survivors with severe injuries which soldiers in previous wars would have died from. This means that, though fewer service members die, more return from war with injuries more serious, and in turn more emotionally devastating, than ever before. Among these injuries

7488-497: The judge dictate as to the team's players," the judge concluded his opinion stating that had the veteran and his comrades failed in their service overseas "there would be no American manager of any baseball if such should be played at the stadium this year. If the Nazis permitted baseball, it would not be an exhibition that any of us liked." As the threat of the Axis powers passed, Congress used

7584-579: The law, improving enforcement mechanisms, and adding Federal Government employees to those employees already eligible to receive U.S. Department of Labor assistance in processing claims of noncompliance. Throughout its history, the United States government has enacted legislation protecting the men and women who serve in times of armed conflict. During the Civil War , Congress passed legislation protecting service members from legal proceedings they could not attend due to their military commitment. Congress passed

7680-452: The mid-1600s every town had at least one militia company (usually commanded by an officer with the rank of captain), and the militia companies of a county formed a regiment (usually commanded by an officer with the rank of major in the 1600s or a colonel in the 1700s). The first federal laws regulating the militia were the Militia acts of 1792 . From the nation's founding through the early 1900s,

7776-711: The military after World War II. Black veterans went on to play a central role in the civil rights movement of the 1950s and 1960s. The National Association for Black Veterans is an organization that provides advocacy and support for African American and other minority veterans. The effect of active military service can be profound and lasting, and some veterans have found it difficult to adjust to normal life again. Figures from 2009 showed that twice as many veterans were in prison than there were British troops currently in Afghanistan. Homelessness, street-sleeping and relationship breakdown are also commonly reported. Research done by

7872-808: The military, particularly those who served in combat areas. This concern stems from veterans in countries like the US and Australia, being disproportionately over-represented in psychological and substance abuse disorders relative to the general population. In Australia, the Department of Veterans' Affairs provides a proactive service to address 'real life' health care problems in the veteran community. Military veterans often receive special treatment in their respective countries. War veterans are generally treated with great respect and honour, although negative feelings towards veterans may be held in certain situations: veterans of unpopular or lost conflicts may be discriminated against. In some countries (e.g., Germany after 1945), veterans are neither honoured in any special way by

7968-762: The modifications supported the conscript-based military of the Cold War era. Reservists received their first affirmative statutory protection as part of an amendment to the Military Selective Service Act in 1968 often referred to as the Veterans' Reemployment Rights Act ("VRRA"). The VRRA protects reservists against reemployment discrimination caused by their military duty. The Veterans' Readjustment Assistance Act of 1974 re-codified provisions of VRRA but included similar provisions protecting reservists from employment discrimination with an emphasis on inducing individuals separating from active military service to serve in

8064-723: The reserve components of the post-Vietnam all volunteer military. Congress, in enacting these protections, recognized reservists were experiencing increased discrimination from employers because reservists were required to "attend weekly drills or summer training. Expanding VRRA legislation to cover reservists soon led to legal battles regarding the statute's scope and the burden of proof a reservist/employee must show to establish discriminatory action by an employer due to an employee's reserve status. The Supreme Court addressed VRRA's burden of proof standard in Monroe v. Standard Oil Co., 452 U.S. 459, 551, 559-560 (1981). The Court held that in order for

8160-644: The respective state National Guards and the State Defense Forces are authorized by Congress to the states and are referred to as "troops." 32 U.S.C.   § 109 . Although originally state entities, the Constitutional "Militia of the Several States" were not entirely independent because they could be federalized. According to Article I, Section 8; Clause 15, the United States Congress

8256-399: The same seniority, status and pay, as well as other rights and benefits determined by seniority. USERRA also mandates that reasonable efforts (such as training or retraining) be made to enable returning service members to refresh or upgrade their skills to help them qualify for reemployment. The law clearly provides for alternative reemployment positions if the service member cannot qualify for

8352-642: The service member must return at the beginning of the next regularly scheduled work period on the first full day after release from service, taking into account safe travel home plus an eight-hour rest period. For service of more than 30 days but less than 181 days, the service member must submit an application for reemployment within 14 days of release from service. For service of more than 180 days, an application for reemployment must be submitted within 90 days of release from service. USERRA also requires that service members provide advance written or verbal notice to their employers for all military duty unless giving notice

8448-523: The service person "step[ped] back on at the precise point he would have occupied had he kept his position continuously during the war." The Court further held that the Act be "liberally construed" to aid those who left their occupations to serve their country during a time of great peril. The Court rationalized its holdings by stating that a citizen called to defend the United States should not, upon discharge, be hindered from advancement in their civilian job because of

8544-406: The service-related absence. The Court further noted that the returning veteran was "to gain by his service for his country an advantage which the law withheld from those who stayed behind." The holding, requiring that legislation providing protections to uniformed service members be "liberally construed," is affirmatively followed by courts and the Department of Labor in construing USERRA today. At

8640-572: The states to maintain "military forces other than National Guard." This law authorized the War Department to train and arm the new military forces that became known as State Guards. In 1950, with the outbreak of the Korean War and at the urging of the National Guard, Congress reauthorized the separate state military forces for a time period of two years. These state military forces were authorized military training at federal expense, and "arms, ammunition, clothing, and equipment," as deemed necessary by

8736-590: The time limits are not applicable. After the Second World War, in part due to the experience of the First World War, most of the participating states set up elaborate veterans' administrations. Within the United States, it was veterans groups, like the American Legion and Veterans of Foreign Wars organization, that pushed for and got the G.I. Bill enacted. These gave veterans access to free or subsidized education and health care. The newly educated GIs created

8832-507: The traditional state militias by mandating that all federally funded soldiers take a dual enlistment/commission and thus enter both the state National Guard and the National Guard of the United States, a newly created federal reserve force. The National Defense Act of 1947 created the Air Force as a separate branch of the Armed Forces and concurrently created the Air National Guard of the United States as one of its reserve components, mirroring

8928-604: The war, the United States Supreme Court upheld the spirit of the law's protections in Fishgold v. Sullivan Drydock 328 U.S. 275,284 (1946) when it held that the Act allowed the reemployment of an employee drafted to fight the war. The Supreme Court in Fishgold not only allowed the reemployment of a service person but also held that, with regards to advancement opportunities the service person missed while serving abroad,

9024-471: Was appointed Director of the Illinois Department of Veterans Affairs and has been "creating a new Women Veterans Program to help address the issue that women veterans often do not self-identify as veterans and do not take advantage of veterans’ benefits to the same extent as their male peers." She gathered in a webcast panel moderated by Stacey Baca with Dr. Rebecca J. Hannagan and Kimberly Mitchell at

9120-545: Was passed in 1994, provides many protections. Two of those protections are protection against discrimination and protection of one's pre-deployment job. USERRA establishes the cumulative length of time that an individual may be absent from work for military duty and retain reemployment rights to five years. The exceptions to the five-year limit include initial enlistments lasting more than five years, periodic United States National Guard and reserve training duty, and involuntary active duty extensions and recalls, especially during

9216-401: Was practical, innovative, and ahead of its time and was the most important piece of legislation enacted for disabled veterans in interwar Britain. In addition to direct aid, it stimulated a national discussion regarding the need for employment programs for disabled veterans and the responsibility of the state, setting up a future demand for more benefits. In the 21st century, Britain has one of

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