ORDER GRANTING COMPLAINANT’S MOTION FOR SUMMARY JUDGMENT
Complainant, MAJ Gregory Marchand, brings this action alleging that the Respondent, Government Accountability Office, violated the Uniformed Services Employment and Reemployment Rights Act when it denied him reservist differential pay under 5 U.S.C. § 5538.
On June 25, 2012, both parties in this matter filed motions for summary judgment. The parties submitted their oppositions to each other’s motion on July 2, 2012. Furthermore, oral arguments regarding the parties’ motions were held on July 13, 2012. For the reasons outlined below, Complainant’s Motion for Summary Judgment is hereby GRANTED. Respondent’s Motion for Summary Judgment is hereby DENIED.
I. ISSUE
Whether the United States Government Accountability Office (“GAO”) violated Complainant’s rights under the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) when it denied him reservist differential pay under 5 U.S.C. § 5538.
II. FINDINGS OF FACT
- At all times relevant to the instant complaint, Complainant worked as Deputy Assistant General Counsel for Respondent GAO.
- In addition to his employment with Respondent, Complainant is a reserve Major (0-4) in the United States Anny.
- On August 13, 2010, Lieutenant Colonel Michael Mueller contacted Complainant and requested a volunteer to be mobilized to support the Contract and Fiscal Law Department. While Complainant did not volunteer at that time, L TC Mueller later notified Complainant that Complainant had been selected for the position.
- On November 30, 2010, Complainant was ordered “to active duty for operational support under provision of section 12301 (D), title 10 United States Code.” Furthermore, Complainant’s deployment orders were for the purpose of “contingency operation for active duty operational support” pursuant to the national emergency declared under Presidential Proclamation 7463.
- Complainant served on active duty from January 3, 2011 through January 2, 2012.
