5 C.F.R. § 9901.408 Developing performance and addressing poor performance.
Title 5 - Administrative Personnel
(a) Implementing issuances will prescribe procedures that supervisors will use to develop employee performance and to address poor performance. (b) If at any time during the appraisal period a supervisor determines that an employee's performance is unacceptable, the supervisor will— (1) Consider the range of options available to address the performance deficiency, which include, but are not limited to, remedial training, an improvement period, a reassignment, an oral warning, a letter of counseling, a written reprimand, or adverse action as defined in subpart G of this part, including a reduction in rate of basic pay or pay band; and (2) Take appropriate action to address the deficiency, taking into account the circumstances, including the nature and gravity of the unacceptable performance and its consequences. (c) As specified in subpart H of this part (or other appropriate appeal procedures, if not covered by subpart H of this part, such as procedures for National Guard Technicians under 32 U.S.C. 709(f)), employees may appeal adverse actions (e.g., suspensions of more than 14 days, reductions in pay and pay band, and removal) based on unacceptable performance and/or conduct.
Title 5: Administrative Personnel
PART 9901—DEPARTMENT OF DEFENSE HUMAN RESOURCES MANAGEMENT AND LABOR RELATIONS SYSTEMS
Subpart D—Performance Management
§ 9901.408 Developing performance and addressing poor performance.

