5 C.F.R. § 1208.16 Appeals under another law, rule, or regulation.
Title 5 - Administrative Personnel
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)).
Title 5: Administrative Personnel
PART 1208—PRACTICES AND PROCEDURES FOR APPEALS UNDER THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT AND THE VETERANS EMPLOYMENT OPPORTUNITIES ACT
Subpart B—USERRA Appeals
§ 1208.16 Appeals under another law, rule, or regulation.
