Civilian Personnel

Disciplinary and Adverse Actions

By Order of the Secretary of the Army:

JAMES C. MCCONVILLE
General, United States Army
Chief of Staff

MARK F. AVERILL
Administrative Assistant to the
Secretary of the Army

History. This publication is an administrative revision. The portions affected by this administrative revision are listed in the summary of change.

Summary. This regulation provides policy and guidance for taking disciplinary or adverse actions within the Department of the Army and updates the table of offenses and penalties.

Applicability. This regulation is applicable to Department of the Army Civilian employees in the competitive and excepted service with the following exclusions: Individuals who are not "employees" pursuant to Title 5 United States Code 7501 and 5 United States Code 7511; Defense Civilian Intelligence Personnel System employees hired under Title 10 United States Code 1601 (other than the Table of Offenses and Penalties

Guidance in table 3–1 which is applicable to Defense Civilian Intelligence Personnel System employees); National Guard Technicians; Foreign national employees; Employees serviced by the Civilian Senior Leader Management Office (for example, members of the Senior Executive Service, members of the Defense Intelligence Senior Executive Service or Defense Intelligence Senior Level employees, political appointees, senior professionals); Reemployed annuitants; Employees serving under temporary appointments; and Highly Qualified Experts as defined in Title 5 Untied States Code 9903.

Proponent and exception authority. The proponent of this regulation is the Deputy Chief of Staff, G–1. The proponent has the authority to approve exceptions or waivers to this regulation that are consistent with controlling law and regulations. The proponent may delegate this approval authority, in writing, to a division chief within the proponent agency or its direct reporting unit or field operating agency, in the grade of colonel or the civilian equivalent. Activities may request a waiver to this regulation by providing justification that includes a full analysis of the expected benefits and must include formal review by the activity’s senior legal officer. All waiver requests will be endorsed by the commander or senior leader of the requesting activity and forwarded

through their higher headquarters to the policy proponent. Refer to AR 25–30 for specific requirements.

Army internal control process. This regulation contains internal control provisions in accordance with AR 11–2 and identifies key internal controls that must be evaluated (see appendix B).

Supplementation. Supplementation of this regulation and establishment of command and local forms are prohibited without prior approval from the Deputy Chief of Staff, G–1 (DAPE–CPZ), 300 Army Pentagon, Washington, DC 20310–0300.

Suggested improvements. Users are invited to send comments and suggested improvements on DA FormDA FormDepartment of the Army form 2028 (Recommended Changes to Publications and Blank Forms) directly to the Office of the Assistant G–1 for Civilian Personnel (DAPE–CPZ), 6010 6th Street, Building 1465, Room 104, Fort Belvoir, VA 22060–5595 or at email address usarmy.bevoir.ag1cp.mbx.lerd@army.mi l.

Distribution. This publication is available in electronic media only and is intended for the Regular Army, the Army National Guard/Army National Guard of the United States, and the U.S. Army Reserve.

*This regulation supersedes AR 690–700, Chapter 751, Discipline, dated August 1981.

The Table of Offenses and Penalties is a guide that provides a suggested range of actions that can be taken for common infractions committed by employees. The deciding official has discretion to choose the penalty as proposed, but should ensure that it is proportionate to the offense. Conduct that justifies discipline of one employee does not necessarily justify similar discipline of a different employee where the employees are in different work units or chains of super-vision. Furthermore, supervisors are not prohibited from removing an employee simply because they did not remove a different employee for comparable conduct. Nonetheless, employees should be treated equitably, so managers should consider appropriate comparators as they evaluate potential disciplinary actions. Removal may be considered for a first offense depending on the nature and severity of the situation. Management's deviation from table 3 – 1 is permis-sible. Management should not apply the table of offenses and penalties so rigidly as to ignore other factors.