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15. Disposition of investigative reports.-Investigations reports furnished to the Army Establishment by the Civil Service Commission or other investigative agencies in accordance with Executive Order 10450 will be disposed of in accordance with SR 620-20-20.
STANDARD AND CRITERIA
16. Security standard.—
(See 16, change No. 1, p. 112.)
17. Criteria. In determining the action to be taken in any particular case the following listed items will serve as guides in determining the effect that employment of the individual concerned might have on national security. The list is not all-inclusive nor all-exclusive. The activities and associations listed in the following paragraphs are of varying degrees of seriousness. Therefore, the ultimate determination of whether employment or retention in employment is clearly consistent with the interests of national security must be an overall commonsense one based on all available information.
a. The following items of information would raise security implications requiring determinations as to whether employment is clearly consistent with the interests of national security:
(1) Commission of any act of sabotage, espionage, treason, or sedition, or attempts thereat or preparation therefor, or conspiring with, or aiding or abetting, another to commit or attempt to commit any act of sabotage, espionage, treason, or sedition.
(2) Establishing or continuing a sympathetic association with a saboteur, spy, traitor, seditionist, anarchist, or revolutionist, or with an espionage or other secret agent or representative of a foreign nation, or any representative of a foreign nation whose interests may be inimical to the interests of the United States, or with any person who advocates the use of force or violence to overthrow the Government of the United States or the alteration of the form of government of the United States by unconstitutional means.
(3) Advocacy of use of force or violence to overthrow the Government of the United States, or of the alteration of the form of government of the United States by unconstitutional means.
(4) Membership in, or affiliation or sympathetic association with, any foreign or domestic organization, association, movement, group, or combination of persons which is totalitarian, Fascist, Communist, or subversive, or which has adopted, or shows, a policy of advocating or ap proving the commission of acts of force or violence to deny other persons their rights under the Constitution of the United States, or which seeks to alter the form of Government of the United States by unconstitutional
(5) Intentional, unauthorized disclosure to any person of security information, or of other information disclosure of which is prohibited by law.
(6) Performing or attempting to perform his duties, or otherwise acting, so as to serve the interests of another government in preference to the interests of the United States.
(7) Participation in the activities of an organization established as a front for an organization referred to in (4) above when his personal views were sympathetic to the subversive purposes of such organization.
(8) Participation in the activities of an organization with knowledge that
it had been infiltrated by members of subversive groups under circumstances indicating that the individual was a part of or sympathetic to the infiltrating element or sympathetic to its purposes.
(9) Sympathetic interests in totalitarian, Fascist, Communist, or similar subversive movements.
(10) Any behavior, activities, or associations which tend to show that the individual is not reliable or trustworthy.
(11) Any facts which furnish reason to believe that the individual may be subjected to coercion, influence, or pressure which may cause him to act contrary to the best interests of the national security.
(12) Participation in the activities of an organization referred to in (4) above, in a capacity where he should reasonably have had knowledge of the subversive aims or purposes of the organization.
(13) Sympathetic association with a member or members of an organization referred to in (4) above. (Ordinarily this will not include chance or occasional meetings, nor contacts limited to normal business or official relations.)
(14) Currently maintaining a close continuing association with a person who has engaged in activities or associations of the type referred to in (1) through (9) above. A close continuing association may be deemed to exist if the individual lives at the same premises as, frequently visits, or frequently communicates with such person.
(15) Close continuing association of the type described in (14) above, even though later separated by distance, if the circumstances indicate that renewal of the association is probable.
(16) The presence of a spouse, parent, brother, sister, or offspring in a nation whose interests may be inimical to the interests of the United States, or in satellites or occupied areas of such a nation, under circumstances permitting coercion or pressure to be brought on the individual through such relatives.
(17) Willful violation or disregard of security regulations.
(18) Acts of reckless, irresponsible, or wanton nature which indicate such poor judgment and instability as to suggest that the individual might disclose security information to unauthorized persons or otherwise assist such persons, whether deliberately or inadvertently, in activities inimical to the security of the United States.
(19) Refusal by the individual, upon the grounds of constitutional privilege against self-incrimination, to testify before a Congressional Committee regarding charges of his alleged disloyalty or other misconduct (Executive Order 10491, 14 October 1953).
(See 17a (20), change 2 at p. 116.)
18. Security Screening Board. There is established in the Office of the Secretary of the Army the Security Screening Board which will administratively process for the Secretary of the Army cases which cannot be closed favorably under these regulations. The Board may issue interrogatories, request additional investigations or sworn interviews with the employee concerned, and will issue letters of charges when required to support suspensions or removals under these regulations. The Board will consist of military and civilian personnel appointed by the Secretary of the Army. One of the members will be designated as Chairman and alternate chairmen may be named as needed. Any three members, a majority of whom must be civilians, may constitute a quorum for the transaction of business.
19. Security Hearing Boards.-Under Executive Order 10450, Security Hearing Boards are established by the Secretary of the Army to conduct hearings and to act in an advisory capacity to him in making its findings and recommendations. In accordance with the President's letter accompanying Executive Order 10450, the United States Civil Service Commission is responsible for maintaining rosters, in both its central and regional offices, of persons designated by the various Government agencies to serve as members of Security Hearing Boards. By agreement with the Department of Justice, cases of employees of the Departments of Defense, Army, Navy, and Air Force will be heard by personnel of those Departments. Except as indicated below, hearing boards convened under these regulations to hear cases of employees of the Army Establishment will be composed of personnel from the Departments of Defense, Navy, and Air Force. In oversea areas covered in a below and in isolated areas where the major commander concerned determines it to be impractical to obtain personnel of the other departments, hearing boards will be composed of Army personnel; otherwise personnel of any military department may not serve on boards which hear cases of employees of that department. Designations of isolated areas will be kept to an absolute minimum. Civilian employees of the Army Establishment may be called, however, to hear cases of employees of agencies outside the Department of Defense. Commanding officers of all installations and officials in the Army Establishment are directed to cooperate to the fullest practicable extent
in making personnel available for service on the Security Hearing Boards. The boards established under these regulations are subject to the general control of the Secretary of the Army regardless of the composition of the Board or the command jurisdiction of the employee whose case is heard. The Security Hearing Boards convened to hear cases of Army employees are responsible to the Secretary of the Army and act in an advisory capacity to him, but they will be under the administrative jurisdiction of the Commanding General of the major command concerned. All Security Hearing Boards will be composed of not less than three, nor more than five, persons, a majority of whom must be civilians. A Security Hearing Board which is convened to hear the case of an employee of the Army Establishment will be designated the Security Hearing Board for the major command concerned, e.g., Security Hearing Board for First Army or Security Hearing Board for United States Army Europe.
a. In oversea areas outside the jurisdiction of the Commanding General, United States Army Alaska; Commanding General, United States Army Caribbean; and the Commanding General, United States Army Pacific, LoyaltySecurity Hearing Boards previously established are redesignated Security Hearing Boards and membership remains the same. Replacements will be selected from the highest ranking civilian and military personnel available. Nominations will be submitted to the Administrative Assistant, Office, Secretary of the Army. Commanding officers must personally vouch for the ability, character, discretion, and integrity of each nominee. Each nomination will state that a background investigation or its equivalent has been completed with favorable results, that the commanding officer has personally vouched for the nominee and that the appointment would be clearly consistent with the interests of national security. In order to provide personal background information a Standard Form 57 (Application for Federal Employment) or DD Form 398 (Statement of Personal History) will be forwarded with each nomination. Appointments to the Security Hearing Boards in the subject oversea areas will be made by the Secretary of the Army. The commanders of the major commands will name a permanent Chairman and alternate chairmen from among the standing membership of the board and will name a civilian employee at major command headquarters to serve as Executive Secretary of the Board. Advice as to those designations will be furnished to the Administrative Assistant, Office, Secretary of the Army. The Chairman will be charged with those duties and responsibilities outlined in paragraph 20 which are applicable to operations in the stated oversea areas. Panels of the Board will be selected from the standing membership of the Board. b. Except for the Military District of Washington, in the United States, Alaska, the Caribbean area, and Hawaii, the commanding officer of each installation having 500 civilian employees or more will designate at least one civilian and a commissioned officer for membership on the Security Hearing Board for the Civil Service Region in which the installation is located (app. I). In areas outside large metropolitan centers where there are many installations, each large installation should designate at least 3 civilians and 2 military personnel. Designees will be selected from among the highest ranking personnel available at the installation, preferably grade GS-12 or above or officers of field grade. Designations will be sent direct to the appropriate Civil Service regional office and will give the full name of the designee; his grade or rank; position title; office in which employed; telephone number; name and exact address of the employing installation; name, address, and telephone number of person to be contacted initially; and a short personal background statement giving age, a résumé of education, degrees if any, civilian and military experience, and other pertinent factors. Designations will indicate that the commanding officer personally vouches for the ability, character, discretion, and integrity of the designee; that a background investigation has been completed with favorable results; and that the designee's service on the Security Hearing Board would be clearly consistent with the interests of national security. Designations should be cleared with the Office, Assistant Chief of Staff, G-2 of the appropriate major command. Replacements will be made in the same manner. Commanding officers must be assured that the designees will reflect credit on the Army Establishment in their service on Security Hearing Boards. Copies of the designations will be sent to the Executive Secretary of the Security Hearing Board for the appropriate major command and to the Office, Secretary of the Army.
c. For all offices in the Department of the Army and for field installations in the Military District of Washington, a Security Hearing Board, composed
of personnel of the Departments of Defense, Army, Navy and Air Force, has been established to hear cases of employees of those Departments in the Washington, D.C. metropolitan area. Designations of personnel of the Army Estab lishment to serve on the Security Hearing Board for the Military District of Washington will be made by the Administrative Assistant, Office, Secretary of the Army. Nominations of replacements will be submitted to that office. Nominees must meet the selection standards established for Board members in b above.
d. The Secretary of the Army hereby delegates to the commanders of the major commands authority to select, name and convene the Security Hearing Boards to hear cases of employees of the Army Establishment. Except in oversea areas covered in a above, Security Hearing Boards will not be established on a continuing basis, but, for each case received in which a hearing is to be held, the major command will issue appropriate orders naming and convening the Security Hearing Board for that command. The orders will specify clearly that the Board is a duly constituted agency authority selected, named, and convened by order of the Secretary of the Army under Public Law 733, 81st Congress to hear the case of an employee of the Army Establishment. Inclusion of the name of the employee in the orders naming the Board would require a "Confidential" classification until after the hearing has been held. The order will name one of the persons selected as Chairman of the Board.
c. After service on a panel of the Security Hearing Board, the installation employing the Board member will prepare and maintain at the installation a record of the Federal agency whose case was heard, the time spent (hours and dates) by the Board member on the case, the basic salary rate of the Board member, the cost of transportation, and per diem and other travel items reimbursed to the employee. This information will be maintained in such a manner as to be readily available when a report is requested.
20. Executive Secretary, Security Hearing Board.-At each major command headquarters a civilian employee, preferably someone who has had experience in this field, will be selected and named to serve as Executive Secretary of the Security Hearing Board. The employee selected must meet the selection standards, except for grade, that have been established for Board members. The Executive Secretary of the Security Hearing Board for the Military District of Washington will be supplied with special instructions covering duties, responsibilities, and the processing of cases. Except in the Military District of Washington and so far as they are applicable to operations in the oversea areas as stated in paragraph 19a, the Executive Secretary of each of the Security Hearing Boards will have the following duties and responsibilities:
a. To maintain liaison on Security Hearing Board matters with the Civil Service regional offices having jurisdiction over geographical areas wholly or partially within the geographical area covered by the major command. Appendix I is Civil Service Commission Form 2504 defining the Civil Service regions and giving the addresses of the regional offices. (Not applicable in oversea areas covered in paragraph 19a.)
b. To make a bimonthly or quarterly check of Board personnel of the Army Establishment at all installations within the major command area to ascertain their availabiilty for hearing board service during the ensuing bimonthly or quarterly period and to notify the appropriate Civil Service regional offices. (Not applicable in oversea areas covered in paragraph 19a.)
c. To assure that installations submit names of replacements for Board members who are separated, transferred, or unavailable for board duty for an extended period.
d. To receive and maintain control records on cases transmitted from the Office, Secretary of the Army for hearing.
e. Whenever an employee requests a hearing, to make contact with the Civil Service regional office to obtain a roster of Security Hearing Board members and to select and obtain the services of Board members to hear the case. This will involve contact with Navy and Air Force installations and personnel to ascertain availability and to make arrangements for their participation on the Board. Selections should be made so as to minimize travel. Any unusual difficulties encountered in obtaining persons to serve should be reported to the Administrative Assistant, Office, Secretary of the Army with an indication of the exact nature of the difficulty and the steps taken to obtain persons to serve. In oversea areas covered in paragraph 19a the permanent Chairman of the Board
will select and obtain Army personnel from the standing membership of the Security Hearing Board.
f. To complete final negotiations with personnel who are to serve on the Board and to request the employers of each of the Board members to issue any necessary travel orders. Those employers will be advised of the dates on which services will be required and the place where the hearing will be held. Board members should be advised that it is generally necessary for the Board to meet in executive session on the day before the hearing and after the hearing, probably on the day following the hearing. The name of the employee whose case is to be heard should not be included in the travel orders so that the orders will not have to be classified. In oversea areas covered in paragraph 19a, necessary travel orders will be issued by the major command and travel reimbursement Vouchers paid by the Army. In all other areas travel reimbursement vouchers will be paid by the Department by which the Board member is employed.
g. To assure that necessary orders are written naming and convening the Board according to paragraph 19d.
h. Whenever an employee submits a reply to the letter of charges and requests a hearing, to send immediately to the Administrative Assistant, Office, Secretary of the Army, copies of the employee's reply and any statements or affidavits submitted by the employee in his behalf.
i. To assure that all panel members have an opportunity to review the entire case file before the hearing.
j. To transmit invitations to all witnesses qualified in accordance with paragraph 37.
k. To notify the employee by registered mail of the time and place of the hearing.
1. To arrange for all physical requirements for the hearing either at the major command headquarters if not too distant from the employee's home or, preferably, at the employing installation. This action will include at least the following: a suitable hearing room; a witness room (two, if Government witnesses are to appear); competent reportorial and clerical assistance for the hearing; a mechanical recording device with an experienced operator, if one is necessary; clearance for access to the military reservation for the Board members, the employee, counsel and witnesses; and any other details necessary to set up the hearing. the employing installation generally is responsible for meeting the above requirements.
m. If requested by the Board, to arrange for and make available to the Board stenographic and clerical assistance in the preparation of the Board's findings and recommendations.
n. To assure that the case is returned promptly from the Board and, when received, to review the case file to determine that all necessary documents are present and that the Board's findings have been signed by each panel member. The completed case will be forwarded direct to the Administrative Assistant, Office, Secretary of the Army.
o. If requested, to supply Board members with statements covering service on Board work away from their home stations.
p. To obtain and make available to the Board any material considered necessary by the Board to be pertinent to the case in hearing.
q. If no word is received from the employee within a reasonable time after expiration of the 30-day period after receipt of the letter of charges, to notify the employing installation of the fact and to advise that removal should be effected as provided in these regulations. Notification of those details will be supplied to the Administrative Assistant, Office, Secretary of the Army, by indorsement to the letter transmitting the case to the major command for hearing. 21. Security Review Board. (See 21, change No. 1, p. 113.)
22. Unfavorable investigative reports. Whenever a report of investigation is received from any source which contains derogatory information within the scope of these regulations, a determination is required as stated in paragraph 14. In making this determination the following will apply:
23. Action at the employing installation.-Final determinations in accordance with a through c below are a command responsibility. Upon receipt of reports