DoD Fast-Track Removals: What the “Department of War” Memo Means for You
chapter 75 civil service protections dod removals federal employment mspb appeals Oct 29, 2025A newly leaked “Department of War” memo is changing how the Department of Defense handles removals for “unacceptable performance.” It directs supervisors and HR to act with “speed and conviction,” cutting procedural safeguards that have long protected career civil servants. If you work at DoD—or supervise those who do—this deserves your immediate attention.
Under the memo, agencies are encouraged to skip traditional Chapter 43 performance procedures, including Performance Improvement Plans (PIPs), and instead move removals under Chapter 75, which governs adverse actions. The difference matters: Chapter 75 allows a proposal, only seven days to reply, and a final decision within 30 days. That’s a fraction of the time employees typically have to defend their careers.
What’s Really Changing
This shift isn’t just about “efficiency.” It’s about speed and oversight. The memo requires:
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Written proposals outlining specific deficiencies.
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Just seven calendar days for an employee’s oral or written response.
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A final written decision—accounting for Douglas factors—within 30 days.
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Centralized reporting to the Under Secretary’s Office if deadlines slip or removals aren’t upheld.
That last point is key: Headquarters will now track how fast local commands move on disciplinary and adverse actions. Combined with talk of “centralizing” Employee Relations across DoD components, it signals tighter control and heightened pressure to remove quickly.
The “Deferred Resignation” Trap
Once a removal proposal is issued, some employees may be offered “options”—a Voluntary Separation Incentive Payment (VSIP) of up to $25,000, a Voluntary Early Retirement Authority (VERA) offer, or a Deferred Resignation Program (DRP) with 12 weeks of paid administrative leave.
But here’s the catch: the DRP form reportedly requires employees to waive nearly all legal claims, including those under discrimination and whistleblower laws. If you’re over 40, it even includes special Age Discrimination in Employment Act disclosures. Do not sign any separation or waiver agreement before consulting an attorney. These documents can permanently erase your right to challenge wrongful or retaliatory actions.
What You Should Do Now
If you receive a proposal under this memo:
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Request the evidence and a copy of your performance plan immediately.
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Contact your attorney or representative as soon as possible.
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Submit a concise, factual reply addressing unclear standards, heavy workloads, or missing training.
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Do not accept VSIP, VERA, or DRP without understanding the tax, benefits, and waiver consequences.
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Document everything—emails, instructions, and meeting notes. If told a PIP “isn’t required,” note that the agency is proceeding under Chapter 75.
At Southworth PC, our firm defends those who defend the nation. These fast-track removals are legally challengeable, and strong civil service protections remain in place.
For updates and in-depth guidance, visit attorneysforfederalemployees.com or fedlegalhelp.com/firm .
Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.
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