---
kind: "section"
citation: "22 U.S.C. § 4139"
title: "22"
title_heading: "Foreign Relations and Intercourse"
number: "4139"
heading: "Relationship to other remedies"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/22/4139"
units:
  - "Chapter 52 — Foreign Service"
  - "Subchapter XI — Grievances"
---

# §4139. Relationship to other remedies

- (a)
  - (1) A grievant may not file a [grievance](/usc/22/4131.md?p=a-1) with the [Board](/usc/22/4102.md?p=2) if the grievant has formally requested, prior to filing a [grievance](/usc/22/4131.md?p=a-1), that the matter or matters which are the basis of the [grievance](/usc/22/4131.md?p=a-1) be considered or resolved and relief be provided under another provision of law, regulation, or Executive order, other than under section [1214](/usc/5/1214.md) or [1221](/usc/5/1221.md) of title 5, and the matter has been carried to final decision under such provision on its merits or is still under consideration.
  - (2) If a grievant is not prohibited from filing a [grievance](/usc/22/4131.md?p=a-1) under [paragraph (1)](#a-1), the grievant may file with the [Board](/usc/22/4102.md?p=2) a [grievance](/usc/22/4131.md?p=a-1) which is also eligible for consideration, resolution, and relief under [chapter 12](/usc/5/chptII/ch12.md) of title 5 or a regulation or Executive order other than under this subchapter. An election of remedies under this subsection shall be final upon the acceptance of jurisdiction by the [Board](/usc/22/4102.md?p=2).
  - (3) This subsection shall not apply to any [grievance](/usc/22/4131.md?p=a-1) with respect to which [subsection (b)](#b) applies.
- (b)
  - (1) With respect to a [grievance](/usc/22/4131.md?p=a-1) based on an alleged violation of a law, rule, regulation, or policy directive referred to in [section 4131(a)(1)(H) of this title](/usc/22/4131.md?p=a-1-H), a grievant may either—
    - (A) file a [grievance](/usc/22/4131.md?p=a-1) under this subchapter, or
    - (B) initiate in writing a proceeding under another provision of law, regulation, or Executive order that authorizes relief,

    but not both.

  - (2) A grievant shall be considered to have exercised the option under [paragraph (1)](#b-1) as soon as the grievant timely either—
    - (A) files a [grievance](/usc/22/4131.md?p=a-1) under this subchapter, or
    - (B) initiates in writing a proceeding under such other provision of law, regulation, or Executive order.

## Source credit

(Pub. L. 96–465, title I, § 1109, Oct. 17, 1980, 94 Stat. 2148; Pub. L. 101–12, § 9(a)(3), Apr. 10, 1989, 103 Stat. 35; Pub. L. 102–138, title I, § 153(d)(1), Oct. 28, 1991, 105 Stat. 673.)

## Notes

### Editorial Notes

### Amendments

1991—Subsec. (a). Pub. L. 102–138, § 153(d)(1)(A), (B), redesignated former subsec. (a) as par. (1), redesignated former subsec. (b) as par. (2) of subsec. (a) and substituted “paragraph (1)” for “subsection (a) of this section” and “under this subsection” for “under this section”, and added par. (3).

Subsec. (b). Pub. L. 102–138, § 153(d)(1)(C), added subsec. (b). Former subsec. (b) redesignated (a)(2).

1989—Subsec. (a). Pub. L. 101–12 substituted “1214 or 1221” for “1206”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1991 Amendment

Amendment by Pub. L. 102–138 not applicable with respect to any grievance, within the meaning of section 4131 of this title, arising before Oct. 28, 1991, see section 153(f) of Pub. L. 102–138, set out as a note under section 4115 of this title.

### Effective Date of 1989 Amendment

Amendment by Pub. L. 101–12 effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101–12, set out as a note under section 1201 of Title 5, Government Organization and Employees.