Title 5
SECTION 1208.16
1208.16 Appeals under another law, rule, or regulation.
§ 1208.16 Appeals under another law, rule, or regulation.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)).