Abbildungen der Seite

a permanent part of the record in each case. The transcript will include a copy of the statement of charges and interrogatories issued to the employee, if any. No other transcript will be made.

(1) The employee will be furnished a copy of the transcript without cost if he, or his counsel or representative, requests it. The Board will review the copy of the transcript to be given to the employee, before releasing it to him, to insure that it contains no classified security information. Advice on such matters should be requested from the appropriate Air Force security officer when deemed desirable. Deletions will be made only when required by security considerations, and a notation will be made on all copies retained by the Air Force of the portions which were deleted from the copy furnished the employee.

(m) If the employee or his counsel or representative desires to submit corrections in the transcript to the Board, he will note the corrections on a separate statement, designating the page and line. The statement of corrections must be filed within the time set by the Board. The Board will determine what corrections are allowable and will inform the employee thereof. It will enter upon the transcript by marginal notation the corrections which are allowed, and will enter on the statement filed by the employee, his counsel or representative, the corrections which are rejected. The statement filed by the employee, his counsel or representative, will be made a part of the original transcript so that it may be a permanent part of the complete Ale. The Board in its discretion may call upon the employee, his counsel or his representative, for a discussion of the corrections prior to its determination thereon. Corrections will be allowed solely for the purpose of conforming the transcript to the actual testimony, except as to matters deleted for security reasons as provided in paragraph (1) of this section. § 889.17 Hearing Board findings and

recommendations. (a) As soon as practicable after the close of the hearing, the Hearing Board will meet in executive session for the purpose of arriving at its findings and recommendation. The Board will consider the complete file, including the original file, the transcript of testimony at the hearing, any brief submitted by

the employee or by his counsel or representative, and all other relevant material.

(b) The Board will take into consideration the fact that the employee may have been handicapped in his defense by the nondisclosure to him of classified security information or by the lack of opportunity to cross-examine persons constituting sources of information, and will weigh derogatory information carefully in the light of its recency, relative seriousness, attendant circumstances, whether it was given under oath, whether it is relevant to the charges specified, whether the employee has had an opportunity to rebut it, and whether there is similar or supporting information.

(c) The Board will make its findings and recommendation in writing, which will be signed by all members of the Board voting for them. Dissenting opinions may be submitted.

(d) The findings will include:

(1) A finding with respect to each of the allegations set forth in the statement of charges and an analysis of the information and a detailed statement of the reasoning upon which each finding is based. Even though the Board finds that each of the allegations in the statement of charges is true, it need not recommend removal of the employee.

(2) Any other statement which may be helpful to the reviewing authorities.

(3) A finding in the following form: Based on all the avallable information, it is found that the employment or retention in employment of (name of employee) (18) (is not) clearly consistent with the interests of the national security. This finding will be supported by an analysis of the information and a detailed statement of the reasoning upon which the finding is based.

(e) If the Board finds that the employee's employment is clearly consistent with the interests of the national security, it will recommend that he be restored to his regularly assigned position. If it finds adversely to the employee, it may find further, on the basis of the criteria set forth in $ 889.6, that the employee's employment would be clearly oonsistent with the national security if he were reassigned from his regularly assigned position to a non-sensitive position, and the Board may recommend such reassignment, if it has determined, after consultation with the commander, that a suitable vacancy exists and that the commander concurs in the reassignment. Commanders should positively assure themselves that a suitable vacancy under applicable Civil Service Commission and civilian personnel directives in fact does exist within their area of responsibility prior to concurring in such reassignment. The commander's concurrence will be made a matter of record and included in the file. In other cases, the Board will recommend that the employee's employment be terminated.

(f) The Hearing Board will transmit the complete file directly to the Executive Secretary, Civilian Personnel Security Program. The complete file consists of all reports of investigation or other inquiry, all charges and interrogatories, all transcripts of hearings and exhibits, all memoranda analyzing the evidence or setting forth conclusions, findings, recommendations, determinations, decisions, or other action in the case, and all affidavits, supporting documents, correspondence or memoranda in connection with the investigation and processing of the case.

(g) Upon receipt of the case from the Hearing Board, the Executive Secretary will review the file for completeness and will transmit it to the Security Review Board. § 889.18 Action by Security Review

Board. The Security Review Board will review the file to determine the regularity of the procedures followed, and to determine whether the information supports the findings and recommendation of the Hearing Board. It will consider any additional written evidence or brief submitted by the employee or his counsel or representative. It is authorized to take action necessary to correct any irregularities in the proceedings, and to obtain additional information pertinent to the resolution of issues in the case by remanding the case to the Hearing Board for further action, by requesting further investigation, by obtaining depositions, and otherwise. After the Security Review Board has made its findings and recommendation, it will submit the entire file to the Office of the Secretary of the Air Force for decision.

& 889.19 Notice to employee.

The Executive Secretary will notify the employee through the commander of the employing activity of the decision in the case. He will also notify the commander of the action to be taken in the case. Wherever appropriate, the notice will include personnel security clearance authority as prescribed in § 889.14 (c). § 889.20 Release of information.

All Government personnel, including all members of the Boards, will comply with applicable directives pertaining to the safeguarding of classified security information and the handling of investigative reports. No classified security information or any information which might compromise investigative sources, investigative methods, or the identity of confidential informants will be disclosed to any officer or employee whose case is being considered in this program or to his counsel or representative, or to any other person not requiring such information in the performance of his official duties. No information concerning the status of any security case will be disclosed to any person outside the Department of the Air Force or to any other person not requiring the information in the course of his official military or other governmental duties unless approved by the Executive Secretary. RESIGNATIONS AND REIMBURSEMENT OF

EMPLOYEES & 889.21 Resignation policy.

Any employee whose case is being processed under this part may resign at any time. However, if he resigns after he has been suspended, or after he has received an interrogatory or a letter of charges from the Central Security Board, or after he has been informed in some other way that proceedings under this part are pending against him, the SF 50 effecting the resignation will bear the notation, “Resigned while action pending to adjudicate security case under Public Law 733, 81st Congress.” In all other cases, the SF 50 will contain only the routine data, and no mention will be made thereon of the pending security case. If the employee resigns, the entire case file will be forwarded without further action to the Central Security Board for appropriate disposition.

8 889.22 Reimbursement of employees.

The commander of the Air Force activity concerned usually will be instructed to pay to any employee whose employment is suspended or terminated pursuant to Public Law 733, 81st Congress, and who is later reinstated or restored to duty, compensation for the period of the suspension or termination in an amount equal to the difference between the amount such employee would

normally have earned during the period of such suspension or termination at the rate he was receiving on the date of his suspension or termination and his interim net earnings. However, no employee will be compensated for any extension of the period of suspension or termination caused by the employee's voluntary action and not the result of action by the Air Force in suspending or terminating his employment.





Academy, United States Air Force, appointment to; policy, eligibility requirements,

application and nominating procedures, etc., 32 Part 875
Accidents arising out of Air Force activities which may result in claims; investigat-

ing and reporting of, 32 88 836.200–836.220
Aero Club aircraft, use of Air Force installations, 32 $ 822.12
Agent or other representative activities of Air Force personnel, former personnel,

or retired officers; standards of conduct, 32 Part 888
Air space reservations; definition, 32 £ 805.17

Public events, use of Air Force aircraft in, 32 $ 804.105
Use of Air Force installations by other than Air Force aircraft; conditions of use,

approval of landings, violations, etc., 32 Part 822
Aviation fuels and oils, sale of, 32 $ 822.15
Customs, immigration, and health authorities, cooperation with, 32 $ 822.4
Manufacturers of aircraft; use of Air Force installations for aircraft dem-

onstrations, 32 $ 822.9

Records requirements for civil aircraft, 32 $ 822.11(d)
Aliens; investigative requirements for employment, 32 $$ 889.8, 889.9
Appointment of officers:
Regular Air Force, appointment of officer personnel in; medical and dental

officers, certain distinguished graduates, etc., 32 Part 887
Reserve forces, appointments in, 32 $8 861.19, 862.21, 874.20
Appointment to United States Air Force Academy; policy, application and nominat-

ing procedures, requirements, etc., 32 Part 875
Apprehension and arrest of persons not subject to military law, 32 Part 803
Atomic energy restricted data, safeguarding of, 32 $ 805.13
Aviation cadets:
Appointment of distinguished graduates of aviation cadet programs in Regular

Air Force, 32 $$ 887.101-887.108
Training; eligibility requirements, selection of applicants, etc., 32 Part 874
Aviation instruction, detailing Air Force personnel to non-Federal establishments
for, 32 Part 845

Bands, cvilian, competition with:

Air Force bands, use of, 32 $ 808.1

Volunteer units, use of, 32 $ 808.2
Civilian personnel security program, establishment of boards in connection

with, 32 8 889.4
Personnel review boards, 32 Part 881
Correction of Military Records, Air Force Board for; establishment, func-

tions, settlement of claims, etc., 32 88 881.1-881.11
Action by Secretary of Air Force, 32 $ 881.7
Disability Review Board of Air Force; authority, hearings, disposition of

proceedings, etc., 32 $$ 881.30–881.38



Page 189

« ZurückWeiter »