Comment Number: OL-10506940
Received: 3/13/2005 11:46:07 PM
Subject: Notice of Proposed Rulemaking, Request for Comment
Title: National Security Personnel System
CFR Citation: 5 CFR Chapter XCIX and Part 9901
No Attachments

Comments:

The Department of Defense must take great pride in its knowledge and experience in handing out dicipline. I say this based on its own claim of self rightiousness in the section on penalty review on page 75680. I really have to question why, on the other hand they cannot produce a list of Mandatory Removal Offenses at this time. To try and prohibit the modification of offenses in any but the most grievious of misapplication of penalties. This is not a level playing field, and leans to far in the dirction of unfair and irresponsible application of the regulations by a management official. The assignment and adjustment of penalties should rest exclusively on the facts, similar cases, and the impartial application of a penalty. Repsponsibility for National Security is not a license to flaunt the law or legal principles, but this part of the proposed regulation is doing just that. The DOD is taking the position that it is better than anyone else at applying the law, and that simply is not the case, nor is it what their mandate is. This section needs to be revised before implimentation.