Frank Abigale was a pilot for a well known airline company.Frank had also served as a pilot in the Air Force.Even while flying commercial flights for his employerhe was active in the Air Force reserves and would take military leave from to serve in the reserves.His employer calculated employee retirement benefits and other benefits based on the number of days worked with the company.When calculating his retirement benefits, or other benefits Frank's employer did not countthe days he was gone for his short term leave with the Air Force Reserves.

Frank has now sued for benefits under the USERRA claiming he should have received retirement benefits based on not only the days he actually worked, but the days he was on short term leave for the reserves.

Will Frank win his lawsuit--why or why not?