Code of Federal Regulations · Section

§ 1208.16 — Appeals Under Another Law, Rule, Or Regulation

5 C.F.R. § 1208.16

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Nothing in USERRA prevents an appellant who may appeal an agency action to the Board under any other law, rule, or regulation from raising a claim of a USERRA violation in that appeal. The Board will treat such a claim as an affirmative defense that the agency action was not in accordance with law (5 CFR 1201.56(b)(3)).

5 C.F.R. § 1208.15

Authorizing Statute