Yes. In time of war or national emergency the President has authority to designate any category of persons as a “uniformed service” for purposes of USERRA. If the President exercises this authority, service as a member of that category of persons would be “service in the uniformed services” under USERRA.
authority: Section 4331(a) of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA),
38 U.S.C. 4331(a) (Pub. L. 103-353, 108 Stat. 3150)
source: 70 FR 75292, Dec. 19, 2005, unless otherwise noted.
cite as: 20 CFR 1002.59