; right of appeal (a) Merit system principles Section 2301 of title 5 shall apply to the exercise of authority under this subchapter (other than sections 9380 and 9386). (b) Civil service protections (1) If, in the case of a position established under authority other than section 9376(a)(1) of this title that is reestablished as an excepted service position under that section, the provisions of law referred to in paragraph (2) applied to the person serving in that position immediately before the position is so reestablished and such provisions of law would not otherwise apply to the person while serving in the position as so reestablished, then such provisions of law shall, subject to paragraph (3), continue to apply to the person with respect to service in that position for as long as the person continues to serve in the position without a break in service. (2) The provisions of law referred to in paragraph (1) are the following provisions of title 5: (A) Section 2302, relating to prohibited personnel practices. (B) Chapter 75, relating to adverse actions. (3) (A) Notwithstanding any provision of chapter 75 of title 5, an appeal of an adverse action by an individual employee covered by paragraph (1) shall be determined within the Department of Defense if the employee so elects. (B) The Secretary of Defense shall prescribe the procedures for initiating and determining appeals of adverse actions pursuant to elections made under subparagraph (A). (c) Right of appeal The Secretary of Defense shall prescribe regulations to provide a right of appeal regarding a personnel action under this subchapter. The appeal shall be determined within the Department of Defense. An appeal determined at the highest level provided in the regulations shall be final and not subject to review outside the Department of Defense. A personnel action covered by the regulations is not subject to any other provision of law that provides appellate rights or procedures. . 1705. Decorations and awards (a) In general Chapter 937 of title 10, United