AR 690-700; Chapter 751
Table 1-1: Table of Penalties for Various Offenses

The following Table of Penalties is found in AR 690-700, Chapter 751. A Table of Penalties is a list of the infractions committed most frequently by agency employees, along with a suggested range of penalties for each. The penalties are graduated in severity based on whether an employee has no previous record of misconduct, has a single previous incident of documented misconduct, has two previous incidents of documented misconduct, etc. More serious types of misconduct have a more serious suggested penalty or range of penalties for a first offense than less serious types.

A Table of Penalties, as stated previously, contains a suggested range of penalties. It is a guide to discipline, not a rigid standard. Deviations are allowable for a variety of reasons. For example, when an employee is being charged with multiple offenses at the same time, it may be appropriate to exceed the maximum suggested penalty for all of the individual offenses. Again, when an employee has repeatedly committed the same offense, even though the employee is being charged with the offense for the first time, it may be appropriate to exceed the maximum suggested penalty. When the offense the employee committed is especially serious, compared to normal degree of the stated offense, there may be a basis for exceeding the maximum suggested penalty. On the other hand, there may be occasions when it may be appropriate to assess a penalty below the minimum suggested for the particular offense. In either event, when assessing a penalty outside the suggested range, there should be a reasonable explanation to distinguish why the penalty is outside the norm, a reason that can be explained to third parties in the event of a review.


        A.  Behavioral Offenses for Which Progressive Discipline is Appropriate
        B.  Offenses Warranting Punitive Discipline
        C.  Penalties Applying to Civilian Marine Personnel (Excluding Harbor Craft Employees)


A. BEHAVIORAL OFFENSES FOR WHICH PROGRESSIVE DISCIPLINE IS APPROPRIATE
OFFENSE NATURE OF OFFENSE FIRST OFFENSE SECOND OFFENSE THIRD OFFENSE REMARKS
1. Insubordination Refusal to obey orders, defiance of authority. Written reprimand to removal 5 day suspension to removal Removal  
2. Fighting/ Creating a Disturbance* a. Creating a disturbance resulting in an adverse effect on morale, production, or maintenance of proper discipline. Written reprimand to 5 day suspension 5 to 10 day suspension 10 day suspension to removal *Penalty may be exceeded if work is severely disrupted.
b. Threatening or attempting to inflict bodily harm without bodily contact. Written reprimand to 14 day suspension 14 day suspension to removal 30 day suspension to removal *Penalty may be exceeded based on such factors as type of threat, provocation, extent of injuries, whether actions were defensive or aggressive in nature, or whether actions were directed at a supervisor.
c. Hitting, pushing or other acts against another without causing injury. Written reprimand to 30 day suspension 30 day suspension to removal Removal
d. Hitting, pushing or other acts against another causing injury. Written reprimand to removal Removal  
3. Sleeping on duty a. Where safety of personnel or property is not endangered. Written reprimand to 1 day suspension 1 to 5 day suspension 5 day suspension to removal  
b. Where safety of personnel or property is endangered. 1 day suspension to removal Removal    
4. Loafing; delay in carrying out instructions a. Idleness or failue to work on assigned duties. Written reprimand to 3 day suspension 1-5 day suspension 5 day suspension to removal  
b. Delay in carrying out or failure to carry out instructions within the time required. Written reprimand to 3 day suspension 1-5 day suspension 5 day suspension to removal  
5. Attendance related offenses a. Any absence frcm the regularly scheduled tour of duty which has not been authorized and/or for which pay must be denied (AWOL) or any absence from management directed additional hours of duty (Unauthorized Absence). Includes leaving the work site without permission Written reprimand to 5 day suspension 1-14 day suspension 5 day suspension to removal Penalty depends on length of absences. Removal may be appropriate for 1st or 2nd offenses if the absence is prolonged
b. Failure to follow established leave procedures Written reprimand to 5 day suspension 1-5 day suspension 5 day suspension to removal  
c. Unexcused tardiness Written reprimand to 1 day suspension 1 to 3 day suspension 1 to 5 day suspension. Habitual tardiness warrants removal Includes delay in reporting at the scheduled starting time, returning from lunch or break periods, and returning after leaving work station on offical business. Penalty depends on length and frequency of tardiness.
6. Unauthorized use of alcohol, drugs or controlled substances a. Unauthorized possession or transfer of alcoholic beverages while on government premises or in a duty status. Written reprimand to 5 day suspension 5-14 day suspension 14 day suspension to removal Penalty may be exceeded when aggravating circumstance are present. See AR 600-85.
b. Unauthorized use of alcoholic beverages while on government premises or in a duty status. Written reprimand to 14 day suspension 14-30 day suspension 30 day suspension to removal
c. Reporting to work or being on duty while under the influence of alcohol, a drug or a controlled substance to a degree which would interfere with proper performance of duty, would be a menace to safety, or would be prejudicial to the maintenance of discipline. See para. 13 for other drug related offenses. Written reprimand to 30 day suspension. Removal may be warranted if the safety of personnel or property is endangered. 14 day suspension to removal Removal
7. Discourtesy a. Discourtesy, e.g., rude, unmannerly, impolite acts or remarks (non-discriminatory). Written reprimand to 1 day suspension 1 to 5 day suspension 3-10 day suspension Penalty for fourth offense within 1 year may be 14 day suspension to removal. Penalty may be exceeded if discourtesy or similar conduct was directed to a supervisor.
  b. Use of abusive or offensive language, gestures, or similar conduct (non-discriminatory) Written reprimand to 10 day suspension 5 day suspension to removal 30 day suspension to removal  
8. Gambling a. Participating in an unauthorized gambling activity while on Government premises or in a duty status. Written reprimand to 1 day suspension 1-5 day suspension 5-30 day suspension See AR 600-50
  b. Operating, assisting or promoting an unauthorized gambling activity while on Government premises or in a duty status or while others involved are in a duty status. 14 day suspension to removal Removal    
9. Indebtedness Failure to honor valid debts where agency mission or employee performance are affected. Written reprimand Written reprimand to 1 day suspension Written reprimand to 5 day suspension See AR 690-700, chap. 735, app E. There must be a clear nexus between efficiency of the service and the debt complaint.
B. OFFENSES WARRANTING PUNITIVE DISCIPLINE
OFFENSE NATURE OF OFFENSE FIRST OFFENSE SECOND OFFENSE THIRD OFFENSE REMARKS
10. False Statements a. False statements, misrepresentation, or fraud in entitlements, includes falsifying information on a time card, leave form, travel voucher, or other document pertaining to entitlements. Written reprimand to removal 30 day suspension to removal Removal See para. 2-1. Removal is warranted for a first offense.
b. False statements or misrepresentations on an SF 171, or other documents pertaining to qualifications, or on any official record not otherwise enumerated. Written reprimand to removal 14 day suspension to removal 30 day suspension to removal See para. 2-1. Removal is warranted when selection was based on falsified SF 171 where falsification was intentional (i.e., not an omission or where intent can be proven), or where the employee occupies a fiduciary position.
c. Knowingly making false or malicious statements against co-workers, supervisors, subordinates, or government officials with the effect of harming or destroying the reputation, authority, or official standing of that individual or an organization. Written reprimand to removal Removal    
d. Deliberate misrepresentation, exaggeration, concealment, withholding of a material fact. Includes perjury, making false sworn statements, and lying to a supervisor. Written reprimand to removal 5 day suspension to removal 10 day suspension to removal  
11. Stealing Stealing, actual or attempted, unauthorized possession of government property or property of others, or collusion with others to commit such acts. 14 day suspension to removal Removal   See para. 2-1. Penalty depends on such factors as the value or the property or amounts of employee time involved, and the nature of the position held by the offending employee which may dictate a higher standard of conduct.
12. Misuse or abuse of Government Property a. Using Government property or Federal employees in a duty status for other than official purposes. Written reprimand to removal 1 day suspension to removal 14 day suspension to removal See AR 600-50. Penalty depends on such factors as the value of the property or amounts of employee time involved, and the nature of the position held by the offending employee which may dictate a higher standard of conduct.
b. Loss of or damage to government property, records or information when an employee is entrusted in safeguarding Government property as an absolute requirement of the job (e.g., cashier, warehouse worker, property book officer) Written reprimand to 14 day suspension Written reprimand to removal 14 day suspension to removal  
c. Willfully using or authorizing the use of a government passenger motor vehicle or aircraft for other than official purposes. 30 day suspension to removal Removal   See 31 USC 1349. Penalty cannot be mitigated to less than 30 days.
d. Misuse of Government credentials Written reprimand to removal 5 day suspension to removal 14 day suspension to removal  
e. Intentionally mutilating or destroying a public record. Removal     18 USC 2071
13. Unauthorized use or possession of a controlled substance a. Introduction of a controlled substance to a work area or government installation for personal use 3 day suspension to removal Removal    
b. Introduction of a controlled substance to a work area or government installation in amounts sufficient for distribution or distribution of a controlled substance on a government instllation Removal      
14. Failure to observe written regulations, orders, rules, or procedures a. Violation of administrative rules or regulations where safety to persons or property is not endangered. Written reprimand to 1 day suspension 1-14 day suspension 5 day suspension to removal  
b. Violation of administrative rules or regulations where safety to persons or property is endangered Written reprimand to removal 30 day suspension to removal Removal  
c. Violations of official security regulations. Action against National Security        
(1) Where restricted information is not compromised and breach is unintentional Written reprimand to 5 day suspension 1-14 day suspension 5 day suspension to removal See AR 604-5 and 5 USC 7532
(2) Where restricted information is compromised and breach is unintentional Written reprimand to removal 30 day suspension to removal Removal  
(3) Deliberate violation 30 day suspension to removal Removal    
15. Discrimination because of race, color, religion, age, sex, national origin, political affiliation or handicap, or marital status Prohibited discriminatory practice in any aspect of employment (e.g., employment, appraisal, development, advancement or treatment of employees). Includes failure to prevent or curtail discrimination of a subordinate when the supervisor knew or should have known of the discrimination. Written reprimand to Removal     Appropriate penalty depends on the facts in a given case weighed against DA policy that discrimination is prohibited.
16. Sexual Harassment. Influencing, offering to influence, or threatening the career, pay, job, or work assignments of another person in exchange for sexual favors OR deliberate or repeated offensive comments, gestures or physical contact of a sexual nature. a. Involving a subordinate 1 day suspension to removal 10 day suspension to removal 30 day suspension to removal Appropriate penalty depends on the fact situation in a given case weighed against DA policy that sexual harassment will not be toloerated. Where conduct created a hostile or offensive work environment, removal is warranted for a first offense.
b. Not involving a subordinate Written reprimand to 30 day suspension 5 day suspension to removal 10 day suspension to removal
17. Constitutional Violation Violation of employee's constitutional rights (i.e., freedom of speech/association/religion.) Written reprimand to removal 5 day suspension to removal 30 day suspension to removal  
18. Conduct Unbecoming a Federal Employee a. Immoral, indecent, or disgraceful conduct 1 day suspension to removal Removal   Includes off-duty conduct if nexus is established.
  b. Solicitation of or accepting anything of monetary value from person who is seeking contracts or other business or financial gain 10 day suspension to removal Removal    
19. Refusal to testify; interference or obstruction a. Refusal to testify or cooperate in a properly authorized inquiry or investigation 1 day suspension to removal 5 day suspension to removal Removal Witness shall be assured freedom from restraint interference, coercion, discrimination, or reprisal in their testimony.
b. Interference with attempting to influence, or attempting to alter testimony of witnesses or participants. 5 day suspension to removal 10 day suspension to removal Removal
c. Attempting to impede investigation or to influence investigating officials. 10 day suspension to removal 30 day suspension to removal Removal
20. Political Activity a. Violation of prohibition against soliciting political contributions. Removal 5 USC 7323, 7324 and 7325
b. Violation of prohibition against campaigning or influencing elections. 30 day suspension to removal Removal
21. Misappropriation a. Directing, expecting or rendering services not covered by appropriations Removal 5 USC 3103
b. Failure to deposit into the Treasury money accruing from lapsed salaries or from unused appropriations from salaries. Removal 5 USC 5501
22. Job Actions Participating in or promoting a strike, work stoppage, slow down, sick out or other job actions. Removal
23. Reprisal a. Intentional interference with an employee's exercise of, or reprisal against an employee for exercising a right to grieve, appeal or file a complaint through established procedures. Written reprimand to removal 5 day suspension to removal 30 day suspension to removal  
b. Reprisal against an employee for providing information to an Inspector General, MSPB Office of Special Counsel, EEOC or USACARA investigator, or for testifying in an offical proceeding. Written reprimand to removal 5 day suspension to removal 30 day suspension to removal  
c. Intentional interference with an employee's exercise of, or reprisal against an employee for exercising a right provided under 5 USC 7101 et seq (governing Federal Labor-Management Relations). Written reprimand to removal 5 day suspension to removal 30 day suspension to removal  
d. Finding by MSPB of refusal to comply with MSPB order or finding of intentional violation of statute causing issuance of a special counsel complaint. Written reprimand to removal Removal   5 USC 1206(g)(1) and 1207(b)
C. PENALTIES APPLYING TO CIVILIAN MARINE PERSONNEL (EXCLUDING HARBOR CRAFT EMPLOYEES) In addition to the penalities listed above that apply to Army employees in general, there are certain offenses for which, under express provisions of law or regulation, civilian marine amployees may be punished by removal or even by fine or imprisonment.
OFFENSE FIRST OFFENSE SECOND OFFENSE THIRD OFFENSE REMARKS
24. Desertion Removal (mandatory)     Employee forfeits all pay and allowances due from the voyage.
25. Missing sailing of the ship. Written reprimand to removal 10 day suspension to removal 30 day suspension to removal  
26. Willful disobedience to lawful command at sea. Written reprimand to removal 10 day suspension to removal 30 day suspension to removal The offender may be confined until such disobedience shall cease. Pay does not accrue during period of confinement.
27. Assaulting any Master, Mate, Pilot, Engineer or other officer. Written reprimand to removal Removal   Upon conviction, offender may be imprisoned not more that 2 years (46 USC 11501).
28. Willfully damaging the ship or her equipment, or willfully embezzling or damaging any of her stores or cargo. Loss of pay equal to the loss sustained and reprimand to removal. Loss of pay equal to the loss sustained and 30 day suspension to removal. Loss of pay equal to the loss sustained and removal. See 46 USC 11501
29. Smuggling Removal (mandatory)     For any act of smuggling for which the offender is convicted and whereby loss or damage is occasioned to the Master or the Army such a sum as sufficient to reimburse the Master of the Army may be retained frm offender's wages in satisfaction or on account of such liability.
30. Introducing, selling, possessing, or using intoxicants aboard ship. 5 day suspension to removal. 10 day suspension to removal. 30 day suspension to removal.  
31. Unauthorized use or possession of a controlled substance  
a. Introduction of a controlled substance aboard ship for personal use. 5 day suspension to removal. Removal.
b. Introduction of a controlled substance aboard ship in amounts sufficient for distribution, or distribution of a controlled substance aboard ship. Removal.