National Guard Technician Discipline and Adverse Action

National Guard technicians are federal Title 32 US Code employees who are disciplined and managed at the state level. Technician Personnel Regulation 752 provides guidance on technician discipline and adverse actions.

Prior to taking adverse action, the initiator must develop facts that constitute cause for the action. The supporting facts may, but do not have to, be determined as a result of an investigation. Any investigative method or process may be used provided that the technician’s “Weingarten Rights” are not violated.

Non-disciplinary actions, including counseling and admonition, are communications from a supervisor to an employee that are appropriate where the offense is minor and ceasing or not repeating the behavior resolves the matter.

A letter of reprimand is a disciplinary action without an adverse action connected to it. A letter of reprimand may be used where a counseling or admonition is ineffective or where the nature of the offense warrants a more serious and formal action.

Adverse actions are actions that may result in a suspension without pay, a reduction to a lower grade, or removal from technician employment. All adverse actions may have the following steps:

1. Proposed Action Letter
   Includes:
   - The cause for the action being taken
   - What penalty is being proposed
   - The right to interview witnesses that agree to do so voluntarily, and to review, copy or receive the materials (documents, recordings, emails, reports of investigations etc.) that support the cause for the action
   - The technician’s right to reply
   - A representative from the State Human Resources Office that can provide technical assistance
   - The deciding official’s contact information.

2. Technician’s Response
   Responses may be made by or on behalf of the technician at the technician’s option, but are not required.

3. Original Decision Letter
   The deciding official named in the proposed action letter must make the original decision, and may not be delegated. The original decision letter will be prepared in conjunction with the HRO. The original decision letter contains the following parts:
   - A statement of what action has been decided upon
   - The date the action will be effective
   - Reference the technician’s replies
   - The reasons for the decision
   - State Human Resources Office assistance information
   - Appeal rights

4. Technician’s appeal
   Appeals may be made by or on behalf of the technician, at the technician’s option, but are not required.

5. Final decision letter (mandatory if technician appeals)

In determining the appropriate remedy, management must observe the principle of “like penalties for like offenses in like circumstance.” This means penalties will be applied as consistently as possible. A number of factors which management must weigh in deciding an appropriate course of action are discussed in this case. These factors are often referred to as the “Douglas Factors”.

The Adjutant General is the final authority for the agency on adverse and disciplinary actions.