DEPARTMENT OF NAVY ADVERSE ACTIONS

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP90-00530R000400690010-7
Release Decision: 
RIFPUB
Original Classification: 
K
Document Page Count: 
30
Document Creation Date: 
December 22, 2016
Document Release Date: 
October 4, 2012
Sequence Number: 
10
Case Number: 
Publication Date: 
March 22, 1983
Content Type: 
MISC
File: 
AttachmentSize
PDF icon CIA-RDP90-00530R000400690010-7.pdf1.53 MB
Body: 
? Declassified and Approved For Release 2012/10/04: CIA-RDP90-00530R000400690010-7 OPNAVINST 12000.14 CH-47 MAR i ! W3 File Immediately Following Chapter 752 of the FPM DEPARTMENT OF NAVY ADVERSE ACTIONS 1. PURPOSE This instruction establishes the Department of the Navy (DON) regulations for effecting adverse actions and provides guidance in disciplinary actions. II. DEFINITIONS A. "Activity" means a field installation, headquarters command, or office. B. "Appealable Adverse Action" means a removal, suspensions for more than 14 days, reduction in grade or pay, or furlough for 30 days or less. C. "Days" means calendar days. - D. "Employee" means: 1. For purpose of grievable-advers, actions, a member of the Senior Executive Service or an individual in the competitive service who is not serving a probationary or trial period under an initial appointment or who has completed one year of current continuous employment under other than a temporary appointment limited to one year or less; and- 2. For purpose of appealable adverse actions: a. those employees listed in Dl, b. a preference eligi e in the excepted service who has completed one year of current continuous service in the same or similar position, and --j c. an employee who occupies a professional and administrative career (PAC) position on Schedule B of part 213 of the title, provided that the employee has completed a trial period of one year after initial appointment in such a position. E. "Furlough" means the placing of an employee in a' temporary status without duties and pay because of a lack of work or funds or other nondisciplinary reasons. F. "Grade" means a level of classification under a position classification system. Enclosure (1) Declassified and Approved For Release 2012/10/04: CIA-RDP90-00530R000400690010-7 Declassified and Approved For Release 2012/10/04: CIA-RDP90-00530R000400690010-7 OPNAVINST 12000.14 CH-47 ?" 22 198 CPI 752 G. "Grievable Adverse Action" means a letter of reprimand or a suspension for 14 Jays or less. H. ?Letter of Admonishment" means a written correction by a superior official of an employee's improper conduct. I: "Letter of Rev? imand" means a written remedy by a superior official for an employee's improper conduct. J. "Nonconte3table Action" means an oral admonishment or a letter of admonishment, i.e., an action not recorded in an employee's Officia-1 Personnel' Folder. K. "Official" means an employer who has been delegated authorityto propose or decide an adverse action under this instruction. L. "Oral Admonishment" moans an oral (non-written) correction by superior official of an employee's improper conduct. M. "Pay" means the rate of basic pay fixed by law or administrative action for the position held by an employee. N. "Removal" means the involuntary separation of an employee from the activity except when taken as a reduction-in- force action. 0. "Suspension" means tho placing of an employee in a temporary status without duties or pay--for disciplinary reasons. This instruction applies to all Department of Navy employees as defined in II.D. above except: A. An employee of a non-appropriated fund instrumentality; ---~ d. Schedule D excepted service employees without compe- titive status, and Schedule B professional and career (PAC) position employees who are serving their one-year trial period; 4--- C. An employee whose appointment is made by and with the advice and consent of the Senate; D. An employee whose position has been determined to be of a confidential, policy-determining, policy-making or policy- advocating character by: Enclosure (1) 2191 A-2 Declassified and Approved For Release 2012/10/04: CIA-RDP90-00530R000400690010-7 Declassified and Approved For Release 2012/10/04: CIA-RDP90-0053OR000400690010-7 OR11 INST 12000.:4 Ch-h, .AK 15 X8$2 CPI 75i 1. The Office of Personnel Management for a position that it has excepted from the competitive service; or 2. The President or the Secretary of the Navy for a position which is excepted from the competitive service by statute, and 9. Reduction in-grade or pay and furlough for 30 days or less for a member of the Senior Executive Service; F. Ybr suspensions of 14. days or less, members of the Senior Executive Service and employees as defined in IID2b. "'* G. Removal or suspension for more than 14 days of a noncareer, limited term, or limited emergency Senior Executive Service appointee; or such removal or suspension of a career SES member during the probationary period who,-by virtue of the appointment held immediately prior to entry into the SES, was not covered.*- A. A suspension or removal taken in the interests of national security. (5 USC 7532) B. A reduction-in-force--action. C. The reduction in grade of a supervisor or manager who has not satisfactorily completed the probationary period if such reduction is to the grade held immediately before becoming such a supervisor or manager. (5 USC 3321) D. A reduction in grade or removal based solely on unacceptable performance. (5 USC 4303) E. An action initiated under authority of the Special Counsel or taken at the direction of the Merit Systems Protection Board. (5 USC 1205, 1206, 1207) P. An action taken under provision of statute, other than one codified in S USC, which excepts the action from subchapter iI of Chapter 75 of 5 USC. 0. An action which entitles an employee to grade retention and an action to terminate this entitlement. (5 USC 5362) B. A voluntary action initiated by the employee. 1. An action taken or directed by the office of Personnel Management for suitability reasons. (5 C ER Parts 731 and '154) J. 'Intiroluntary retirmsnt because of disability. Declassified and Approved For Release 2012/10/04: CIA-RDP90-0053OR000400690010-7 Declassified and Approved For Release 2012/10/04: CIA-RDP90-0053OR000400690010-7 OPNAVNOTE 12752 20 OCT 19b"J CPI 752 R. .Termination of appointment on the expiration date specified as a basic condition of employment at the time the appointment was made. L. Action which terminates a temporary promotion within a -maximum period of two years and returns the employee to the posi- tion from which temporarily promoted, or reassigns or demotes the employee to a different position not at a lower grade or level than the position from which temporarily promoted. M. An action which terminates a term promotion at the completion of the project or a specified period, or at the end of a-rotational assignment in excess of two years but not more than five years, and returns the employee to the position from which promoted or to a position of equivalent grade and pay. N. Cancellation of a prom"tion to a position not classified prior to the promotion. 0. Placement of an employee serving on an intermittent, part-time, or seasonal basis in a nonduty, nonpay status in acccordance with conditions established at the time of appointment. P. Reduction--of an employee's rate of pay from a rate which is contrary to law or regulation to a rate which is required or permitted by law or regulation. Q. An action against a .reemployed annuitant. R. An action against a Presidential appointee. V. DELEGATION OF AUTHORITY Beads of activities are delegated authority to propose and decide adverse actions under this instruction. Activity heads shall redelegate authority to propose and decide such actions to subordinate supervisors and managers to the extent they deem appropriate. VI. STANDARD FOR ACTION A. Activities shall take an adverse action against an employee only for such cause as will promote the efficiency of the service. Enclosure (1) 4 Declassified and Approved For Release 2012/10/04: CIA-RDP90-0053OR000400690010-7 A-4 Declassified and Approved For Release 2012/10/04: CIA-RDP90-0053OR000400690010-7 OPNAVNOTE 12752 20 OC