§1208.16. Appeals under another law, rule, or regulation.
5 C.F.R. § 1208.16
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)).
Notes, amendments, and revision history
Authority
Authority: 5 U.S.C. 1204(h), 3330a, 3330b; 38 U.S.C. 4331.
Source
Source: 65 FR 5412, Feb. 4, 2000, unless otherwise noted.