5 CFR § 1208.16 - Appeals under another law, rule, or regulation.

---
identifier: "/us/cfr/t5/s1208.16"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 1208.16 - Appeals under another law, rule, or regulation."
title_number: 5
title_name: "Administrative Personnel"
section_number: "1208.16"
section_name: "Appeals under another law, rule, or regulation."
chapter_name: "MERIT SYSTEMS PROTECTION BOARD"
subchapter_number: "A"
subchapter_name: "ORGANIZATION AND PROCEDURES"
part_number: "1208"
part_name: "PRACTICES AND PROCEDURES FOR APPEALS UNDER THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT AND THE VETERANS EMPLOYMENT OPPORTUNITIES ACT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 1204(h), 3330a, 3330b; 38 U.S.C. 4331."
regulatory_source: "65 FR 5412, Feb. 4, 2000, unless otherwise noted."
cfr_part: "1208"
---


# 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)).