[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR1208.15]

[Page 83]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
               CHAPTER II--MERIT SYSTEMS PROTECTION BOARD
 
PART 1208_PRACTICES AND PROCEDURES FOR APPEALS UNDER THE UNIFORMED SERVICES 
 
                        Subpart B_USERRA Appeals
 
Sec. 1208.15  Remedies.

    (a) Order for compliance. If the Board determines that a Federal 
agency employer or the Office of Personnel
    Management has not complied with a provision or provisions of 
chapter 43 of title 38, United States Code (other than a provision 
relating to benefits under the Thrift Savings Plan for Federal 
employees), the decision of the Board (either an initial decision of a 
judge under 5 CFR 1201.111 or a final Board decision under 5 CFR 
1201.117) will order the Federal agency employer or the Office of 
Personnel Management, as applicable, to comply with such provision(s) 
and to compensate the appellant for any loss of wages or benefits 
suffered by the appellant because of such lack of compliance. Under 38 
U.S.C. 4324(c)(3), any compensation received by the appellant pursuant 
to the Board's order shall be in addition to any other right or benefit 
provided for by chapter 43 of title 38, United States Code, and shall 
not diminish any such right or benefit.
    (b) Attorney fees and expenses. If the Board issues a decision 
ordering compliance under paragraph (a) of this section, the Board has 
discretion to order payment of reasonable attorney fees, expert witness 
fees, and other litigation expenses under 38 U.S.C. 4324(c)(4). The 
provisions of subpart H of part 1201 shall govern any proceeding for 
attorney fees and expenses.