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4913.7
4913.7 - Notices of Decisions in Loyalty Cases and Appeals
Therefrom
.01 In any case where the Board determines that an employee
should be removed on grounds of disloyalty, the Director of
Personnel will notify the employee of the decision and the pro-
posed effective date of removal; and will include in such notice
a statement of the employee's right of appeal to the Secretary
of Defense within ten calendar days from the date of the receipt
by the individual of the notice, and of the procedure to be
followed in making such appeal.
.02 Upon receipt of an appeal, the Secretary of Defense
may refer the case for review and recommendation to such person
as he may designate who will grant the employee concerned a
hearing if he so requests.
.03 If the Secretary of Defense decides that the employee
is to be removed from the service, he will 80 notify him in
writing and will include in such notice a statement of the em-
ployee's right of appeal to the Civil Service Commission's
Loyalty Review Board and of the procedure to be followed in
making the appeal. If he appeals to the Loyalty Review Board
and pursues his appeal diligently, the employee shall not be
removed until the Loyalty Review Board makes its determination.
He may, however, be suspended until such determination is made.
.04 If the Secretary of Defense decides that the employee
should not be removed, he will 80 notify the employee and will
send a copy of such notice to the Director of Personnel, who
will see that the employee, if he has been suspended, is returned
to duty and allowed compensation for all or a part of the period
of suspension in an amount not to exceed the difference between
the amount the employee would normally have earned during the
period of suspension and the interim net earnings of the em-
ployee.
.05 In any loyalty case in which the determination of
the Board or the Secretary of Defence is favorable to the per-
son concerned, the notice of decision sent to him, where notice
has not been first received from the Loyalty Review Board that
the case has been duly post-audited and the determination found
to be in accordance with the directives of the Loyalty Review
Board, shall contain the following advice:
This decision is subject to post-audit by the
Loyalty Review Board on the record transmitted, th
respect to matters of procedure and also to the right
of the Loyalty Review Board to institute a review of
15 Jan 50
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"ocrText": "4913.7\n4913.7 - Notices of Decisions in Loyalty Cases and Appeals\nTherefrom\n.01 In any case where the Board determines that an employee\nshould be removed on grounds of disloyalty, the Director of\nPersonnel will notify the employee of the decision and the pro-\nposed effective date of removal; and will include in such notice\na statement of the employee's right of appeal to the Secretary\nof Defense within ten calendar days from the date of the receipt\nby the individual of the notice, and of the procedure to be\nfollowed in making such appeal.\n.02 Upon receipt of an appeal, the Secretary of Defense\nmay refer the case for review and recommendation to such person\nas he may designate who will grant the employee concerned a\nhearing if he so requests.\n.03 If the Secretary of Defense decides that the employee\nis to be removed from the service, he will 80 notify him in\nwriting and will include in such notice a statement of the em-\nployee's right of appeal to the Civil Service Commission's\nLoyalty Review Board and of the procedure to be followed in\nmaking the appeal. If he appeals to the Loyalty Review Board\nand pursues his appeal diligently, the employee shall not be\nremoved until the Loyalty Review Board makes its determination.\nHe may, however, be suspended until such determination is made.\n.04 If the Secretary of Defense decides that the employee\nshould not be removed, he will 80 notify the employee and will\nsend a copy of such notice to the Director of Personnel, who\nwill see that the employee, if he has been suspended, is returned\nto duty and allowed compensation for all or a part of the period\nof suspension in an amount not to exceed the difference between\nthe amount the employee would normally have earned during the\nperiod of suspension and the interim net earnings of the em-\nployee.\n.05 In any loyalty case in which the determination of\nthe Board or the Secretary of Defence is favorable to the per-\nson concerned, the notice of decision sent to him, where notice\nhas not been first received from the Loyalty Review Board that\nthe case has been duly post-audited and the determination found\nto be in accordance with the directives of the Loyalty Review\nBoard, shall contain the following advice:\nThis decision is subject to post-audit by the\nLoyalty Review Board on the record transmitted, th\nrespect to matters of procedure and also to the right\nof the Loyalty Review Board to institute a review of\n15 Jan 50"
}