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DISCIPLINARY ACTIONS
- Introduction
- Policy
- Probation
- Summary Actions
- Board Review of the Records
- Hearings
- Questions
- Agency Liaisons
INTRODUCTION
The following is an overview of the causes for and types of disciplinary action.
POLICY
The Public Health Service (PHS) Commissioned Corps is a career Uniformed Service for health professionals. Officers are expected to be familiar with and to adhere to the strict rules, policies, and procedures that promote the order and discipline required of a uniformed service. Important responsibilities of commissioned corps officers include the following:
- An officer must exhibit professional and personal integrity and behavior which reflects credit upon the officer and the Corps, both on and off the job.
- An officer must adhere to official orders and, in some cases, must not act without official orders.
- An officer is subject to report to duty 24 hours a day, 7 days a week, and must be in an official duty status at all times.
Each year, the Director, Division of Commissioned Personnel, sends a memorandum to every active-duty commissioned officer with a summary of important issues addressed in the Standards of Conduct, The memorandum also contains the names and telephone numbers of the ethics officers in each of the Operating Divisions and programs to which Commissioned Officers are assigned. The purpose of the memorandum is to assure that officers fully understand their ethical responsibilities. It is the individual officer's responsibility to know and abide by these standards.
An active-duty PHS officer who engages in misconduct or whose performance is marginal or substandard may be disciplined by his/her Operating Division (OpDiv) Head or designee; the Director, DCP; or the Surgeon General. Conduct that may be criminal in nature will be referred to the Office of the Inspector General for review and possible referral to the Department of Justice for prosecution.
Misconduct that may warrant disciplinary action is described in Section D,Misconduct also includes violations of the standards of conduct. Because officers are subject to report to duty 24 hours a day, 7 days a week, conduct that occurs outside scheduled duty hours or outside the work station may be the cause for discipline.
Marginal or substandard performance includes:
- Commissioned Officer's Effectiveness Reports (COER) with ratings usually at or below a "B,"
- a single incident reflecting negligence in performance of duties or professional acts that are inconsistent with accepted practice,
- Series of incidents or a pattern of performance below that expected of an officer of the same rank and position.
PROBATION
All officers serve a 3-year probationary period upon each call to active duty. Additionally, Regular Corps officers serve a 3-year probationary period following appointment in the Regular Corps. During this period, supervisors carefully monitor officers' performance, conduct, dedication to duty, professionalism, flexibility, and willingness to accept new assignments.
To assure an understanding of what is expected of them, all officers should take the time necessary to familiarize themselves with the contents of the Commissioned Officers' Handbook and related publications. Officers should also attend the Basic Officers Training Course and any other training that will enhance their transition to active duty PHS life and their career progression. Officers should also review their billet descriptions to be sure they understand the scope of their duties.,
Managers, administrators and fellow officers have a vested interest in seeing a newly appointed officer succeed. To that end managers should make expectations clear to the officer. When it becomes evident that an officer is not performing as expected, managers should take the necessary remedial steps necessary to correct deficiencies in conduct or performance. Remedial steps may include informal or formal counseling, placement on a performance evaluation plan or temporary placement in an evaluative assignment. However, a manager may determine that disciplinary action is required due to the nature and/or severity of the misconduct or performance problem. A manager may issue a Letter of Reproval, Letter of Reprimand or may recommend termination under probation.
A Reserve officer who fails to maintain the standard of performance or conduct expected of an officer of that grade and category, may be separated from active duty at any time during the probationary period. A Regular Corps officer who fails to maintain the standard of performance or conduct of an officer of that grade and category may be separated with six months severance pay following a 3-year file review board.
Officers who successfully complete a probationary period are expected to continue to perform their duties in an exemplary manner. Further, officers are expected to grow professionally by seeking and accepting assignments of increasing responsibility. To that end, officers should seek guidance and counseling from their liaison, Professional Advisory Committee Representative, Chief Professional Officer, or Surgeon General Policy Coordination Committee Representative.
Officers who, subsequent to completion of the probationary period, perform their duties at a level less than that expected of an officer of that rank and category, risk disciplinary action, including separation. Management assesses multiple variables in determining which disciplinary actions to recommend or implement. Variables include, but are not limited to:
- Status of officer: Regular Corps or Reserve
- Length of Service
- Prior disciplinary actions
- Severity of the offense/performance deficit
- Alternatives to discipline such as performance improvement plans and/or reassignment
Further, management may place an officer in a nonduty with pay status (NDWP) pending the outcome of an investigation or determination of a course of action. Placement in an NDWP status is not in itself considered a disciplinary action. Disciplinary actions range from a letter of reproval to a discharge under less than honorable conditions.
There are three basic types of disciplinary actions: summary actions, board reviews of the record and hearings.
SUMMARY ACTIONS require no Board review of the record nor hearing. These include letters of reproval, letters of reprimand and summary dismissals.
- Letter of Reproval/Letter of Reprimand
Both of these actions are issued in writing to the officer. They can be issued by the OPDIV Head and those management officials designated by the OPDIV Head, the Director DCP, the Surgeon General, or the Assistant Secretary for Health. The primary difference between the two is that the letter of reprimand is placed in the officer's Official Personnel Folder (OPF) for a period not to exceed two years, while the letter of reproval is placed in an official file maintained at the officer's duty station.
As most personnel actions in the commissioned corps involve a board review, having a letter of reprimand in the OPF can adversely affect an officer's career. An officer may file a rebuttal which is placed in the OPF with the Letter of Reprimand. Management is not required to respond to a rebuttal. The officer may also grieve the Letter of Reprimand. Grievances and responses to grievances are not incorporated in the OPF.
Summary Dismissal
An officer's commission may be terminated without a Board review or a hearing if he or she:
- Has been AWOL for 30 or more consecutive days;
- Has been convicted of a criminal offense and sentenced to more than 30 days in a State, Federal, or other correctional facility with or without suspension; or,
- Is being separated during the probationary period.
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