AR 380-5 Chapter XIV Administrative Sanctions

AR 380-5 14-100. Individual responsibility All personnel, civilian or military, of the Department of Defense are responsible individually for complying with the provisions of this Regulation. AR 380-5 14-101. Violations subject to sanctions a. DoD Military and civilian personnel are subject to administrative sanctions if they: 1. Knowingly and willfully classify or continue the classification of information in violation of E.0. 12356 (reference (b)), any implementing issuances, or this Regulation; 2. Knowingly, willfully, or negligently disclose to unauthorized persons information properly classified under reference (b) or prior orders; or 3. Knowingly and willfully violate any other provision of reference (b), any implementing issuances or this Regulation. b. Sanctions include but are not limited to a warning notice, reprimand, termination of classification authority, suspension without pay, forfeiture of pay, removal or discharge, and will be imposed upon any person, regardless of office or level of employment, who is responsible for a violation specified under this paragraph as determined appropriate under applicable law and DoD regulations. Nothing in this Regulation prohibits or limits action under the Uniform Code of Military Justice (reference (uu)) based upon violations of that Code. 1. Actions against military personnel may include those recognized by the manual for Courts-Martial (US), 1969 (Revised), paragraph 128c, or provided by regulation. If none of these measures is clearly adequate, a commander should consider whether punitive action under the UCMJ is warranted. 2. Administrative action against civilian personnel may be pursued under U.S. Army civilian personnel regulations. AR 380-5 14-102. Corrective action The Secretary of Defense, the Secretaries of the Military Departments, and the heads of other DoD Components shall ensure that appropriate and prompt corrective action is taken whenever a violation under paragraph 14-101 a. occurs or repeated administrative discrepancies or repeated disregard of requirements of this Regulation occur (see subsection 14-103). Commanders and supervisors, in consultation with appropriate legal counsel, shall utilize all appropriate criminal, civil, and administrative enforcement remedies against employees who violate the law and security requirements as set forth in this Regulation and other pertinent DoD issuances. AR 380-5 14-103. Administrative discrepancies Repeated administrative discrepancies in the marking and handling of classified information and material such as failure to show classification authority; failure to apply internal classification markings; failure to adhere to the requirements of this Regulation that pertain to dissemination, storage, accountability, and destruction, and that are determined not to constitute a violation under paragraph 14-101 a. may be grounds for adverse administrative action including warning, admonition, reprimand or termination of classification authority as determined appropriate under applicable policies and procedures. AR 380-5 14-104. Reporting violations a. Whenever a violation under paragraph 14-101 a. 2. occurs, the Director of Counterintelligence and Investigative Programs, ODUSD(P) shall be informed of the date and general nature of the occurrence including the relevant parts of this Regulation, the sanctions imposed, and the corrective action taken. Whenever a violation under subparagraph 14-101 a. 1. or 3. occurs, the Director of Security Plans and Programs, ODUSD(P) shall be provided the same information. Notification of such violations shall be furnished to the Director of the ISOO in accordance with Section 5.4(d) of E.0. 12356 (reference (b)) by the ODUSD(P). MACOM commanders and HQDA agency heads will report incidents involving the knowing and willful violation of this regulation as specified in paragraphs 14-101. a. 2. and 14-101. a. 1. or 3. to HQDA (DAMI-CIS) WASH DC 20310-1051. DAMI-CIS will forward the required reports to ODUSD(P). b. Any action resulting in unauthorized disclosure of properly classified information that constitutes a violation of the criminal statutes and evidence reflected in classified information of possible violations of federal criminal law by a DoD employee and of possible violations by any other person of those federal criminal laws specified in guidelines adopted by the Attorney General shall be the subject of a report processed in accordance with DoD Directive 5210.50 (reference (kk)) and DoD Instruction 5240.4 (reference (jj)). c. Any action reported under paragraph b., above, shall be reported to the Attorney General by the General Counsel, Department of Defense. d. Reports shall be made to appropriate counterintelligence, investigative, and personnel security authorities concerning any employee who is known to have been responsible for repeated security violations over a period of a year, for appropriate evaluation, including readjudication of the employee's security clearance. Reports of such individuals will be made through channels to HQDA (DAMI-CIS) WASH DC 20310-1051, with a copy to the U.S. Army Central Personnel Security Clearance Facility (CCF), ATTN: PCCF-A, Fort Meade, MD 20755-5250.