DEFENSE INTELLIGENCE AGENCY REGULATION NO. 22-24

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00530R000400670005-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 12
• Document Creation Date: December 22, 2016
• Document Release Date: October 18, 2012
• Sequence Number: 5
• Publication Date: June 20, 1979
• Content Type: REGULATION

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DEFENSE INTELLIGENCE AGENCY
REGULATION NO. 22-24
HEADQUARTERS, DEFENSE
INTELLIGENCE AGENCY
WASHINGTON, DC 20301
20 June 1979
CIVILIAN PERSONNEL
REDUCTION IN FORCE
SECTION A ? GENERAL PROVISIONS
1. PURPOSE: To prescribe policies and pro-
cedures for effecting reductions in force (RIF's)
of civilian employees in the Defense Intelligence
Agency (DIA).
2. REFERENCES:
a. DoD 1400.20-1-M, "DoD Program for
Stability of Civilian Employment," 1 September
1977.
b. DoD Directive 5410.10, "Coordination and
Clearance of Announcements of Personnel Re-
ductions, Closure of Installations and Reduc-
tions in Contract Operations within the U.S.,"
2 February 1960.
c. Federal Personnel Manual, Chapter 351.
d. Voluntary Retirement, 5 U.S. Code
8336(d)(2), 12 June 1973, as amended by Section
306 of the Civil Service Reform Act.
3. APPLICABILITY: This regulation applies
to all DIA elements and civilian personnel.
4. AUTHORITY: The Director (DR), DIA, has
the authority to conduct a RIF as necessary.
When certain specified positions are to be
abolished, the provisions in this regulation
(including the applicable references in para-
graph 2) will be applied in determining which
employees go, which remain, and which will be
shifted to continuing positions.
5. DEFINITIONS: For the purpose of this
regulation the following definitions apply:
a. Competing Employee. An employee in an
OPR: RPM-1
established tenure group; i.e., Group CI or II, or
Groups EI, II, or III.
b. Competitive Area. The geographical
and/or Agency organizational areas in which em-
ployees compete for retention in a RIF. Within
this definition:
(1) The Washington metropolitan area with
its adjacent surrounding suburbs constitute one
competitive area for DIA employees assigned to
positions there.
(2) Fort Meade, MD, constitutes one com-
petitive area for DIA employees assigned to po-
sitions in that locale.
(3) The country in which each Defense At-
tache Office is located constitutes a separate
competitive area for DIA employees assigned to
positions in that locale.
c Competitive Level. (See paragraph 12.)
Similar positions which comprise the first-round
competition for retention purposes. Personnel
will be separated from their competitive level on
the basis of type of appointment, tenure of ap-
pointment, years of Federal Service, veterans'
preference, and current official performance
rating.
d. Function. All or a clearly identifiable seg-
ment of the Agency's mission (including all the
integral parts of that mission), regardless of the
manner in which it is performed.
e. Performance Rating. The employee's cur-
rent performance rating approved in accordance
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DIAR 22-24
with DIAR 22-18, "Official Performance Rat-
ings."
f. Compensable Preference (CP) Veteran. This
is an employee who has furnished proof of a
Service-connected disability of 30 percent or
more; whose performance has not been rated un-
acceptable under the Agency's performance ap-
praisal system; and granted entitlement by the
Agency under the law to be retained in
preference to other preference eligibles during
reduction in force.
g. Reduction In Force (RIF). The involuntary
release of an employee from a position by means
of separation, furlough for more than 30 days,
demotion or reassignment, when the release is
required because of lack of work, shortage of
funds, elimination of a position, reorganization,
the exercise of reemployment and restoration
rights by an eligible employee, or a change in
position resulting in downward reclassification.
h. Reorganization. The planned elimination,
addition, or redistribution of functions and
duties within an organization. Included is any
action which deliberately withdraws grade con-
trolling duties from a position resulting in a
downgrading of the position.
i. Retention Preference. The classification of
employees based on years of service by type of
appointment, tenure of appointment, and
veterans' preference.
j. Total Qualification Requirements. Agency
qualification standards which include type and
length of experience, education, training,
suitability, and security criteria for a given posi-
tion.
6. SUPERSESSION: This regulation
supersedes DIAR 22-24, 10 September 1974, as
amended.
7. SCOPE: The provisions of this regulation ap-
ply to employees of the Agency serving under
Competitive or Excepted Appointments, except
as defined in the respective sections of this
regulation.
2
8. POLICY:
a. Statutory and regulatory rights of all
employees during any RIF will be observed as
outlined in this regulation.
b. Consideration will be given to reassign
employees to vacant positions when they meet
the qualification requirements of this Agency.
c. A RIF will be administered in a manner
which will effect necessary reductions in person-
nel strength with minimum disruption of the
Agency and dislocation of employees.
d. Employees will be fully informed at the
earliest possible date of any plans for a RIF
which may affect them, of the regulations under
which RIF actions will be taken, and of the pro-
visions of the appropriate Federal program for
assistance in placing separated employees with
or without competitive status.
f. RIF and other termination notices will not
be issued with an effective date for separation
during the period of 15 December through 3
January, nor will such notices be issued for
delivery to employees during this period. If in
specific situations available resources preclude
the delay caused by this policy, exceptions may
be authorized by the DR.
g. Maximum placement assistance will be
given all employees separated during a RIF in
obtaining other employment in the Washington
commuting area.
h. Employees in the competitive service do
not have mandatory reassignment rights to
positions in the Excepted Service.
i. In accordance with Civil Service directives,
RIF procedures will not be taken in lieu of other
appropriate personnel actions used for the
removal of inadequate employees or for reasons
personal to the employee.
9. RESPONSIBILITIES:
a. The DR and/or his key management of-
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ficials will determine when and how large a
reduction in positions and personnel will be
made within any given activity.
b. The Civilian Personnel Officer will:
(1) Recommend RIF procedures when cir-
cumstances so dictate.
(2) Determine competitive levels and
employees involved, service computation dates
of employees, maintain retention preference
records and information, and conduct a RIF in
accordance with this regulation.
(3) Establish and monitor placement
assistance programs in accordance with DoD
and Civil Service Commission policies and in-
structions for personnel involved in a RIP and
maintain an Agency Reemployment Priority
List.
(4) Inform employees of 'essential facts per-
taining to the need for or cause of a RIF, the pro-
cedures under which the RIF will be taken,
placement assistance available, and any other
items which will insure full understanding.
(5) Ascertain the plans of employees eligible
for retirement in a RIF situation as provided in
paragraph 10.f.
c. The Civilian Personnel Officer and those
Agency officials designated to sign adverse ac-
tions listed in enclosure 1 to DIAR 22-6 are
authorized to sign RIF notices. No RIF notice
will be issued without RPM-1 signature or prior
coordination.
10. ADVANCED PLANNING: The disruptive
effects of a contemplated RIF may be minimized
or avoided by thoughtful and careful advance
planning. When the probable extent and effects
of a RIF have been ascertained, plans to main-
tain the most efficient organization possible
with a minimum interruption of continuing
essential operation will be initiated. All levels of
management in collaboration with the Comp-
troller and Civilian Personnel Division will con-
sider the following steps as basic to advanced
planning for a RIF:
3
DIAR 22-24
a. Identify positions essential to the continu-
ing mission which will be retained or those that
are determined to be surplus.
b. If irregularities are discovered while
preparing for the RIF, they must be corrected
before retention registers are established. The
Agency will insure before a RIF that:
(1) New or revised positions have been
established where there have been recent
substantial changes in continuing assignments.
(2) Permanent positions have been establish-
ed where work once thought to be temporary
has become indefinite or permanent, and
(3) All details or short-term assignments to
new sets of duties have been officially recorded,
and permanent personnel actions are taken
where it is clear that details cannot properly be
extended. Any oversight concerning the above
may result in employees competing in inap-
propriate competitive levels either to their own
disadvantage or the disadvantage of other
employees.
c. Stop the hiring of new personnel in jobs for
which excess Agency civilian employees are
qualified so that vacancies can be used for
reassignment of employees who will be adverse-
ly affected by the planned RIF.
d. Restrict recruitment to only those posi-
tions for which there is a justifiable critical need
and for which qualified Agency civilian employ-
ees are positively not available.
e. Adhere to the provisions of reference 2.b
for initiating public announcements regarding
planned RIF actions.
f. Obtain information concerning possible
resignations, retirements, and other separation
actions with a view to meeting reduced position
ceiling limitation through normal attrition.
g. Meet with employees eligible for optional
retirement, early voluntary retirements (in a ma-
jor reorganization, a major RIF, or a major
transfer of function), or involuntary retirement
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DIAR 22-24
to ascertain their plans and counsel them as to
benefits before initiating RIF procedures or
while such procedures are in process. Early
voluntary retirement is permitted by law (in a
major reorganization, a major RIF, or transfer
of function situation as determined by the Office
of Personnel Management (OPM)) for employees
of any age with at least 25 years' service or after
20 years' service at age 50. A major reorganiza-
tion, major RIF, or transfer of function situa-
tion may extend to the entire Agency, or a com-
ponent thereof, for a geographic area, or for
specific occupations, grade levels, or other en-
tities of the work force. This procedure lessens
the impact of the RIF (i.e., an employee may de-
cide to forego his retention rights and voluntari-
ly retire thereby permitting the Agency to re-
tain an employee who would otherwise be sepa-
rated). To avoid any implication of coercion, the
employee must be fully informed of his retention
rights under the RIF regulations. A completed
Standard Form 52 (Request for Personnel Ac-
tion) will accompany the employee's retirement
application.
11. PROMOTIONS PENDING REDUCTION
IN FORCE: Permanent promotions will not be
made when a substantial RIF is announced by
the Agency. However, exceptions may be made
in those cases where a promotion is mandatory
in order to satisfy an employee's enforceable
assignment rights, or when a reassignment can-
didate is not available to fill a vacant position.
SECTION B ? RETENTION CRITERIA
12. COMPETITIVE LEVELS: The Civilian
Personnel Office will establish competitive
levels and will collaborate with operating of-
ficials whenever appropriate. In all cases, com-
petitive levels will be established simultaneous-
ly with the establishment of a position and will
be based on the criteria outlined herein. When
an existing position is revised, the competitive
level will be reviewed and revised when required.
Whenever RIF action is anticipated, the Agency
will review the competive level structure for all
positions in the effected competitive area in
order to identify and eliminate any possible er-
rors. Corrective actions taken will be recorded,
dated, and will be available for inspection pur-
poses. When positions bearing the same title,
series, and grade are assigned different com-
petitive levels, the distinction between the
separate categories will be clearly explained in a
written statement to be filed in the official re-
cord entry (Competitive Level Code Manual).
Every effort will be made, however, to use de-
scriptive parenthetical title modifiers wherever
4
possible and appropriate to avoid having posi-
tions with identical titles in separate com-
petitive levels. Such modifiers will serve the
dual purpose of identifying and defining the
basis for establishing separate competitive
levels within classes of positions having certain
common characteristics. The following criteria
will be used in assigning positions to com-
petitive levels:
a. Separate competitive levels will be estab-
lished for competitive positions as distinguished
from excepted positions.
b. Among both excepted and competitive
positions, separate competitive levels will be
established for positions:
(1) Under separate pay schedules;
(2) Filled on a part-time basis; and
(3) Filled on a WAE (when actually
employed) basis.
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c. Separate competitive levels will be
established for supervisory versus nonsuper-
vi sory positions.
d. General clerical positions at the GS-3 level
or below usually will be interchangeable within
the grade.
e. Positions are in the same competitive level
if they require knowledge, skills, abilities, and
aptitudes that are sufficiently similar to get the
work done without serious harm or unduly inter-
rupting the Agency's work program and mis-
sion if the employees are interchanged. (Agency
in this sense means the entire competitive area.)
In no case, however, does undue interruption
mean mere inconvenience. Serious inconven-
ience and even severe interruption of the work
program are often the unavoidable results of a
RIF. Undue interruption, therefore, is a degree
of interruption that would prevent the comple-
tion of required work within the allowable limits
of time and quality. It naturally follows that
any finding of undue interruption must be re-
lated directly to the nature of the particular
work program to be affected. Depending upon
the pressures of priorities, deadlines, and other
demands, the ordinary work program probably
would not be unduly interrupted if optimum
quality and quantity of work were regained
within 90 days after a RIF. Lower priority pro-
grams might tolerate even longer interruption.
Certain trainee or developmental positions may
be in different competitive levels from regular
positions because the qualifications required for
assignment to trainee or developmental jobs are
different.
f. A competitive level may consist of one
position if it is unique in the sense that it is not
interchangeable with any other positions.
g. The retention register must list every com-
peting employee officially assigned to, or tempo-
rarily promoted from, a position in the competi-
tive level except employees on military duty
with restoration rights. Except for employees
on temporary promotions or reassignments, an
employee's official position is the position in
5
DIAR 22-24
which the Agency carries him on the rolls and
pays him. All competing employees officially as-
signed to positions in the competitive level are
listed on the register for that level whether they
are on active duty, on detail to positions in other
levels, on paid or unpaid leave, or on non-
military furlough. All competing employees
temporarily promoted or reassigned from posi-
tions in the competitive level to positions in
other competitive levels are listed on the re-
gister for the level from which temporarily pro-
moted or reassigned. Employees who are not
competing employees, but who are officially
assigned to positions in a competitive level for
which a retention register is prepared, are listed
apart from the retention register but on the
same document, because the Agency must
remove all of them from positions in the level
before releasing any competing employee from
the level by RIF action.
13. TENURE OR RETENTION GROUPS:
Competition for retention within a competitive
level in a RIF is based upon type and tenure of
appointment, years of Federal Service, per-
formance ratings, and veterans' preference. In
accordance with these requirements, competing
employees are placed in Retention Group I, II,
or III according to the tenure of their appoint-
ment as follows:
a. Employees serving in competitive posi-
tions within this Agency will be placed in reten-
tion groups as follows:
(1) Group Cl. This group consists of all career
employees who are serving with competitive sta-
tus and career tenure after having completed the
3-year service requirement for career tenure.
(2) Group CIL This group consists of all
career-conditional employees who have not sat-
isfied the 3-year service requirement for career
tenure and/or have not completed the probation-
ary or trial periods.
b. Employees serving in excepted positions
with this Agency will be placed in retention
groups as follows:
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DIAR 22-24
(1) Group El. Permanent Agency employees
serving under an "Excepted Appointment"
without restrictions or conditions. The trial
period required for newly appointed managers
and supervisors (see DIAR 22-31) is not con-
sidered a restriction under this definition.
(2) Group Ell. Employees serving under an
"Excepted Appointment-Conditional" who
have not completed their trial period or have not
satisfied the 3-year service requirement for per-
manent tenure, but who have met all other
employment conditions for movement into the
permanent work force. The trial period referred
to above does not include the trial period re-
quired for newly appointed managers and super-
visors (see DIAR 22-31).
(3) Group EIH. Employees serving under an
"Excepted Appointment-Indefinite: or employ-
ees serving under any type of temporary except-
ed appointment with more than 1-year current
continuous service under such temporary ap-
pointment. Employees in this subgroup have
not met certain specified employment condi-
tions for movement into the permanent work
force.
c. Employees serving under an appointment
with a definite time limitation of 1 year or less
are not categorized in any of the above groups
since they are not subject to RIF competition.
However, employees in this category will nor-
mally be the first to be released during a RIF.
14. RETENTION SUBGROUPS: Within each
of the above listed major retention groups, em-
ployees entitled to veterans' preference are plac-
ed in Subgroup AD & Subgroup A; and all
others in Subgroup B, i.e., a Permanent Except-
ed employee or a Career Competitive employee
with a 30 percent Service-connected disability
veterans' preference would be in Group IAD in
their respective competitive levels. All employ-
ees entitled to veterans' preference would be in
Group IA: and other permanent employees
would be in Group IB of their respective com-
petitive levels. Group IB employees would be
separated before Group IA & IAD employees.
15. LENGTH OF SERVICE AND PER-
FORMANCE RATINGS:
a. Within each retention subgroup (para-
graph 14), employees are ranked by years of
Federal Service. Total Federal Service is deter-
mined by adjusted service dates which reflect
total length of service and performance rating
credit as may be applicable. Four years of ser-
vice credit for retention are added to the length
of service for an "Outstanding" performance
rating. Two years of service credit for retention
are added to the employee's length of Federal
Service for a "Superior" performance rating.
The ratings remain valid until the due date of
the employee's next official performance rating.
However, if prior to such date the employee is
moved to another position requiring the assign-
ment of an entrance rating of "Satisfactory,"
the additional service credit becomes invalid as
of the effective date of the personnel action. No
additional service credit for retention is given
for a "Satisfactory" performance rating.
b. The employee performance rating in effect
as of the date a RIF notice is issued will be used
in determining relative retention standing. Any
subsequent performance rating change occur-
ring during notice period will have no effect.
16. CREDITABLE SERVICE:
a. Any civilian service as an employee of the
Federal Government or the District of Columbia
Government is creditable for RIF purposes if it
is creditable for Civil Service retirement. Gener-
ally, all such Federal Service is creditable. Cred-
itability of service will be determined by refer-
ence to Chapter 351, Appendix A, Section A-2
and Supplement 296-31, Appendix B, Sub-
chapter 210 of the Federal Personnel Manual
(FPM).
b. Periods of active military duty, either for
service or training, are creditable. This credit is
not dependent upon honorable discharge and is
given without regard to veterans' preference.
However, when lost time appears on a service-
man's discharge papers, that period is excluded
from credit. Service credit for employees retired
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from the Military Service will be computed in
accordance with Subchapter 210, FPM Supple-
ment 296-31.
c. Merchant Marine Service is creditable as
Federal Service only when it occurred between
1 May 1940 and 25 July 1947 and if it inter-
rupted non-temporary employment with the
Federal Government or District of Columbia,
and the employee was reemployed in accordance
with Public Law 660, 79th Congress, which
amends Public Law 87, 78th Congress.
d. Periods of time spent by Japanese-
Americans, who spent time after age 18, in
World War II internment camps is creditable as
Federal Service. This creditable service, result-
ing from the enactment of PL95-382, may be ap-
plied to the computation of service credit dates
as explained in FPM Supplement 296-31, Ap-
pendix B, Subchapter 210.
17. SERVICE DATE:
a. The service date for each employee is
either:
(1) The date of an employee's entrance on du-
ty with the Agency when there is no prior mili-
tary or civilian service; or
(2) A constructive date of entrance on duty
established to reflect 4 years or 2 years of addi-
tional service for performance rating credit as
outlined in paragraph 15; and or
(3) A constructive date of entrance duty es-
tablished to reflect credit for all creditable Fed-
eral civilian or military service as if it had been
continuous and immediately preceding the cur-
rent appointment.
b. Except for any adjustment required to re-
flect a change in performance credit, the estab-
lished service date will be valid as long as an
employee's service with this Agency is continu-
ous.
c. Any break in service or leave without pay
in excess of 6 months, except leave without pay
7
DIAR 22-24
during a period of compensation under the Fed-
eral Employee's Compensation Act, will necessi-
tate recomputation of the service date.
18. DETERMINING RETENTION STAND-
ING:
a. Retention of employees in a RIF is based
on their competitive level and within the com-
petitive level by tenure of appointment, veteran
versus nonveteran, performance rating, and
total length of service.
b. Prior to conducting a RIF, a determination
will be made as to which competitive levels will
be affected, as specified in paragraph 9.a. Once
this determination is made, retention registers
will be prepared listing all employees holding
positions in the competitive levels and employ-
ees temporarily promoted from the competitive
levels affected by the RIF. This register,
prepared in the format illustrated in enclosure 1,
will list employees within each competitive level
and employees temporarily promoted from each
competitive level by RIF Subgroups; i.e., Group
IAD, IA, IB, IIAD, IIA, IIB, IIIAD, IIIA, and
I I I B.
c. Employees will be ranked within each sub-
group by the service date established in accord-
ance with paragraph 17.
d. When employees in the same subgroup
have identical service dates, the Agency may at
its discretion select any of these employees.
e. When a RIF requires one or more employ-
ees to be released from a competitive level, all
Group III employees will be selected for release
before any Group I or II. All in Group II will be
released before any in Group I. Within each
group, all in Subgroup B will be selected for re-
lease before any in Subgroup A and all in Sub-
groups A and B before any in Subgroup AD.
Within each subgroup, employees are selected
for release in order of their service dates with
the more recent dates being selected first.
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DIAR 22-24
f. For record purposes and to determine vari-
ables in release of employees, the Agency will
list on a sheet separate from the retention regis-
ter the names and expiration dates of the ap-
pointments or promotions of employees serving
in positions in the competitive levels under spe-
cifically limited temporary appointments or
temporary promotions, followed by the names of
employees serving in positions in the competi-
tive levels with performance ratings of less than
"Satisfactory."
SECTION C - REDUCTION IN FORCE ACTIONS
19. RELEASE FROM COMPETITIVE
LEVEL:
a. No competing employee will be released
from a competition level while another employee
with a specifically limited temporary appoint-
ment, a specifically limited temporary promo-
tion, or an "Unsatisfactory" performance rating
is retained in the same competitive level.
b. Competing employees will be selected for
release from a competitive level under this regu-
lation in the inverse order of retention standing,
beginning with the lowest standing employee on
the retention register for the competitive level
selected for reduction; i.e., when a RIF requires
one or more competing employees to be released
from a competitive level, all Group III employ-
ees are selected for release before any in Group I
or II, and all in Group II before any in Group I.
Within each group all in Subgroup B are select-
ed before any in Subgroup A and all in Sub-
groups A and B before any in Subgroup AD.
Within each subgroup, employees will be select-
ed in the order of their service dates, with the
more recent service date selected first.
c. A competing employee selected for release
from his/her competitive level may be reassign-
ed to a vacant position for which he/she meets
the total qualification requirements, or he/she
may be furloughed or separated.
8
d. The Agency may furlough (up to 1 year) a
competing employee only when it is intended to
recall him/her to duty within 1 year in the posi-
tion from which furloughed. A furlough is not
used unless it is certain that the reduction is a
temporary condition and that the furloughed
employee will be returned to duty. No action will
be taken to separate a competing employee in a
RIF while an employee with lower retention
standing is on furlough from the same com-
petitive level.
e. Mandatory Exceptions. The Agency must
give the following special retention priorities:
(1) Preference eligible employees in Group I
or II entitled under Section 9 of the Military
Selective Service Act of 1967, as amended (50
U.S. Code, App 459) to retention for 1 year after
restoration and will be retained over other em-
ployees in their subgroup for the retention
period.
(2) Nonpreference eligible employees in
Group I or II entitled under Section 9 of the Mil-
itary Selective Service Act of 1967, as amended
(50 U.S. Code, App 459) to retention for either 6
months or 1 year after restoration will be retain-
ed over other employees in their subgroup for
the retention period.
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(3) The reasons for these deviations from the
regular order of selection will be recorded on the
appropriate retention register for inspection by
employees concerned.
20. QUALIFICATIONS FOR ASSIGN-
MENT: Under normal circumstances an em-
ployee must meet minimum qualifications and
security standards prior to reassignment to a
vacant position. The Agency will, however,
make every effort to reassign minimally quali-
fied personnel affected by a RIF to vacant posi-
tions insuring minimal undue interruption to
the work program, and when appropriate, mak-
ing exceptions with respect to the qualification
standards. The Agency will also take steps,
where possible, to train employees facing possi-
ble RIF who have potential for reassignment to
positions for which the Agency faces shortages
of applicants. The Agency will waive physical
qualification requirements when feasible for a
preference eligible employee with a Service- con-
nected disability of 30 percent or more. How-
ever, if the Agency determines that, based on
evidence, a 30 percent preference eligible is not
able to fulfill the physical qualifications of a po-
sition to which he/she would otherwise have
been assigned under Part 351 of the Civil Ser-
vice regulations, that employee must be given a
specific notice.
21. NOTICE TO EMPLOYEES:
a. Competing employees selected for release
from their competitive levels will receive written
notice at least 60 full calendar days before the
effective dates of their release. Advance plan-
ning for a RIF and transfer of functions must
take into consideration the 60-day notice re-
quirement unless the DR determines that, due
to exceptional circumstances, a 60-day notice
cannot be given.
b. Employees who receive an advance notice
of separation, if they so request, will be carried
in a leave without pay or annual leave status for
such additional time as is necessary to provide a
90-calendar day notice period prior to separation
or furlough.
9
DIAR 22-24
c. A preference eligible, who has a compen-
sable Service-connected disability of 30 percent
or more, will receive written notice when the
Agency determines that, based on evidence, a 30
percent preference eligible is not able to fulfill
the physical qualifications of a position to which
he/she would otherwise have been assigned un-
der RIF procedures. The written notice given to
the employee will give the reasons for the
negative determination concerning his/her ina-
bility to fulfill the physical qualification re-
quirements of the position and give the employ-
ee the right to respond within 15 days of receipt
of the notification to the OPM. At the same time
the 30 percent preference eligible is given writ-
ten notice, the Agency must also notify the
OPM of the negative determination. A final
OPM decision on the physical ability of the em-
ployee to perform the duties of the position
must be made before the Agency selects any
other person for the position under considera-
tion. The findings of the OPM in each case are
final.
22. STATUS DURING NOTICE PERIOD:
Generally, employees will remain in a duty
status during the notice period. However, under ?
emergency conditions due to lack of work,
funds, or sufficient space authorizations, em-
ployees may be placed on annual leave or in
leave without pay status, with or without their
consent, for all or part of the notice period. Such
action will be taken only when there is no alter-
native.
23. PLACEMENT ASSISTANCE FOR AF-
FECTED EMPLOYEES: The following actions
will be taken with respect to an employee who
cannot be reassigned to a vacant position within
this Agency:
a. When a nontemporary employee is trans-
ferred or reassigned to another DoD installa-
tion, payment of transportation expenses will be
accomplished in accordance with the provisions
of the DoD Joint Travel Regulations, Volume 2.
b. Displaced employees who hold or have
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DIAR 22-24
held a career status appointment may apply and
be registered in the DoD Nationwide Centraliz-
ed Priority Placement System (DoD 1400.20-
1-M, 1 September 1977) for priority referral and
placement in other DoD installations within the
commuting area, or to installations beyond the
commuting area to which the employee will ac-
cept reassignment, in positions and grades for
which qualified and eligible. The displaced
employee remains registered in the DoD System
until placed, declines an appropriate offer (loca-
tion and grade), or for 12 months after the last
day in active duty status. An employee schedul-
ed for RIF demotion remains registered until
the effective date of his demotion. Employees in
Excepted positions who do not have a career
status cannot be registered under the DoD Cen-
tralized Referral System.
c. Displaced employees furloughed or
separated from a nontemporary position in the
Agency without cause will have their names
entered on the Agency's eligible reemployment
priority list for all DIA positions in the com-
muting area for which they qualify and are
available. Priority consideration will be given
these displaced employees for employment only
to Excepted positions with a representative rate
no lower than that of the position from which
separated or at a grade previously indicated to
be acceptable by the employee. An individual's
name will be deleted from the reemployment
priority list: (1) upon the acceptance of any
nontemporary Federal position; (2) upon his/her
request; (3) upon declination of an offer from the
DIA at a grade or rate previously indicated to
be acceptable or equivalent to the grade or rate
of the position from which the individual was
separated; or (4) 1 year from the effective date of
separation.
d. The OPM Displaced Employee Program
supplements the reemployment efforts of the
DIA and DoD in behalf of displaced employees.
Specifically, an employee with a career status
who is serving in a permanent Excepted posi-
10
tion is entitled to placement assistance under
the OPM's program when (1) the employee has
received a RIF notice and the Agency deter-
mines that he cannot be placed in another posi-
tion in his competitive area; (2) the employee
declines a transfer with the function to another
commuting area or to accept a new assignment
to another commuting area, and the Agency de-
termines that he will not be placed in another
position in his competitive area. A displaced
employee may apply for assistance under the
OPM program as soon as he receives a RIF
notice. The employee must apply no later than
90 days after the date of separation or furlough.
The DIA Civilian Personnel Division will route
the displaced employee's application with a
registration form to the appropriate office of the
OPM for placement assistance.
e. Counseling on and direct referral to job op-
portunities in other Federal agencies and non-
Government organizations.
24. APPEALS:
a. Any employee who receives a notice of
specific RIF action and who believes that this
regulation or the procedures outlined herein
have not been applied correctly may appeal to
the Merit Systems Protection (MSP) Board.
b. An appeal to the MSP Board must be in
writing, identify the appellant, the agency and
the nature and effective date of the action ap-
pealed, and state fully the reasons why the ac-
tion is improper.
c. Appeals to the MSP Board should be
discussed with the Personnel Management
Specialist of the Personnel Support Branch
mentioned in the notice of RIF action. This will
insure a technical review of the action prior to
any formal appeal to the MSP Board.
d. An appeal may be filed at any time after
the employee receives the notice of specific ac-
tion, but not later than 20-calendar days after
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the date of which the RIF action becomes effec-
tive. Appeals from outside the continental
United States will be deemed timely filed if
received within 30-calendar days after the date
FOR THE DIRECTOR:
OFFICIAL:
J. H. BOWMAN
Acting Assistant Deputy Director
for Support and Services
Enclosure
Sample of Retention Register
DISTRIBUTION C&G
B194A RPM-1B 15
11
DIAR 22-24
on which the RIF action becomes effective. All
submissions shall be addressed to: Chief Ap-
peals Officer, Merit Systems Protection Board,
1717 H Street, Washington, DC 20419.
B. H. ANDERSON, JR.
Colonel, USA
Acting Chief of Staff
77
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STAT