scope:

Scope and Applicability

a. The AGS covers current appropriated fund non-bargaining unit BUPERS employees. It also covers former BUPERS employees with respect to matters arising during their previous employment at the activity or command, provided a remedy is available consistent with applicable law and regulation.

b. The AGS covers bargaining unit employees when a matter covered by the AGS cannot be grieved under a negotiated grievance procedure (NGP), either because an NGP is not in effect at the relevant time, or because it does not cover the matter being grieved.

c. For further guidance contact BUPERS, Director, Total Force Human Resources and Manpower (BUPERS-05) or refer to reference (c).

d. Any employment matter may be grieved under the AGS except for the following:

(1) Any matter covered by an NGS or subject to formal review and adjudication by the Merit Systems Protection Board, the Office of Personnel Management, the Federal Labor Relations Authority, or the Equal Employment Opportunity Commission, or any matter that the employee files under another review or reconsideration procedure, or dispute resolution process within Department of Defense (DoD).

(2) Non-selection for promotion from a group of properly ranked and certified candidates, or failure to receive a non-competitive promotion.

(3) Preliminary notices of an action that, if effected, would be covered under the grievance system or excluded from coverage under reference (c).

(4) The substance of an employee's performance elements, standards, or work objectives.

(5) Determinations concerning awards, additional step increases, recruitment or relocation bonuses, retention allowance, physician's comparability or additional pay allowances, supervisory differentials, critical position pay, or dual compensation waivers.

(6) Any action taken under a voluntary, formal agreement entered into by an employee involving geographic relocation or return from an overseas assignment.

(7) Termination of a probationer, return of an employee serving supervisory or managerial probation to a non-supervisory or non-managerial position, or separation or termination of an employee during a trial period.

(8) For senior executive service (SES) employees, performance evaluations and awards (including meritorious, or distinguished executive rank awards), reassignment following receipt of an unsatisfactory rating, return to another pay system during the 1-year period of probation or for less than fully successful executive performance, or for failure to be re-certified, conditional re-certification, or termination during probation for unacceptable performance.

(9) Termination or expiration of a time-limited excepted appointment, a term or temporary appointment or promotion, or a SES, on the date specified as a condition of employment at the time the appointment or promotion was made.

(10) Termination of a temporary or term promotion at a time other than in 3d(8) above, provided the employee was informed in advance of the temporary nature of the appointment or promotion and the employee was returned to his or her former position from which temporarily promoted or to a different position of equivalent grade and pay.

(11) Any claimed violation relating to prohibited political activities.

(12) Retirement, life insurance, or health insurance.

(13) A suspension or removal taken for national security reasons.

(14) Any examination, certification appointment.

(15) The classification of any position, which does not result in the reduction in the grade or pay of an employee.

(16) The separation of an employee during the employee's probationary period or while the employee is serving in the first year of a worker-trainee program, a veterans' readjustment program or other excepted appointment, or while the employee is serving under a time-limited appointment.

(17) A claim or complaint of discrimination because of race, religion, color, sex, national origin, age, or handicapping condition.

(18) SES or senior level pay rate changes.

(19) Oral admonishments.

(20) Letters of caution.

(21) Non-adoption of a suggestion submitted by employees utilizing any forum for such purposes.

Purpose. To establish policy and describe procedures for presenting and processing administrative grievances filed by employees of the Bureau of Naval Personnel (BUPERS) in compliance with references (a) through (c).