Regulations last checked for updates: Dec 16, 2025

Title 5 - Administrative Personnel last revised: Nov 07, 2025
§ 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)).

authority: 5 U.S.C. 1204(h), 3330a, 3330b; 38 U.S.C. 4331.
source: 65 FR 5412, Feb. 4, 2000, unless otherwise noted.
cite as: 5 CFR 1208.16