5 C.F.R. § 9901.805 Coverage.
Title 5 - Administrative Personnel
(a) Subject to a determination by the Secretary under §9901.102(b)(2), this subpart applies to employees in DoD organizational and functional units that are included under NSPS who appeal removals; suspensions for more than 14 days, including indefinite suspensions; furloughs of 30 days or less; reductions in pay; or reductions in pay band (or comparable reductions), which constitute appealable adverse actions for the purpose of this subpart, provided such employees are covered by §9901.704. (b) This subpart does not apply to a reduction in force action taken under subpart F of this part, nor does it apply to actions taken under internal DoD placement programs, including the DoD Priority Placement Program. (c) Appeals of suspensions of 14 days or less and other lesser disciplinary measures are not covered under this subpart but may be grieved through a negotiated grievance procedure or an administrative grievance procedure, whichever is applicable. (d) The appeal rights in 5 CFR 315.806 apply to the termination of an employee in the competitive service while serving a probationary period. (e) Actions taken under 5 U.S.C. 7532 are not appealable to MSPB. (f) Except as expressly provided in subpart C of this part, actions taken under that subpart are not appealable to MSPB.
Title 5: Administrative Personnel
PART 9901—DEPARTMENT OF DEFENSE HUMAN RESOURCES MANAGEMENT AND LABOR RELATIONS SYSTEMS
Subpart H—Appeals
§ 9901.805 Coverage.
