5 C.F.R. § 1208.16
Appeals under another law, rule, or regulation.
Cite as 5 C.F.R. § 1208.16 (2026)
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)).
- Cross-references to the CFR
- 5:1201.56