DA, Army Col. Rex Duncan sues state of Oklahoma for back pay, cites USERRA

Osage and Pawnee County District Attorney Rex Duncan has sued the state of Oklahoma for back pay after being forced to step down upon military deployment, 2News has learned.

Duncan filed the lawsuit July 27, claiming entitlement to wages under the Uniformed Services Employment and Reemployment Rights Act and Oklahoma law.

Duncan is requesting leave pay, a declaration that his active duty time counts towards retirement benefits and "an order that state not violate the provisions of USERRA."

Gov. Mary Fallin reinstated Duncan, a colonel with the Army National Guard, after he returned from deployment in May.

But Duncan says his fight is not only for him.

"In effect, my buddies in uniform serving in public office are looking to me to try and fix it for them as well," he said.

Print this article Back to Top