g use or off-duty alcohol misuse. If an employee refuses to enter a rehabilitation program or fails to successfully complete a rehabilitation program, the provisions of Chapter IX (Disciplinary Action) shall be used for guidance.


10
Id., ch. VII, para. 2(b).

Chapter IX provides in relevant part:

11
Refusal to enter or successfully complete a substance abuse rehabilitation program. The agency shall initiate action to remove a covered employee, or initiate appropriate disciplinary action against an employee in a non-TDP, up to and including removal, who refuses to enter or fails to successfully complete counseling or a rehabilitation program under the EAP. A determination that the employee has failed rehabilitation, may be made on the basis of off-duty drug or alcohol-related misconduct, or the employee not adhering to the terms of the rehabilitation plan.


12
Id., ch. IX, para. 1(i) (Dec. 28, 1994).


13
On September 17, 2001, Mr. Baker expressed an interest in accepting the agency's offer of rehabilitative treatment, and during October 2001, he participated in a substance abuse assessment sponsored by the Employee Assistance Program ("EAP"). On December 17, 2001, Mr. Baker signed an EAP Abuse Rehabilitation/Treatment Plan ("EAP agreement"). Consistent with Order 3910.1C, the EAP agreement stated that "[f]ailure to comply with the requirements of this Rehabilitation/Treatment Plan will result in further action by the Agency to remove you from Federal service."


14
On January 4, 2002, Mr. Baker was admitted to an in-patient treatment program at the Sharp Vista Pacifica Hospital in San Diego, California, a facility approved by the FAA. Mr. Baker made progress while in the program and, within thirty days, he was transferred within the hospital to an out-patient treatment program. However, the agency alleges that after he had been away from treatment on February 4 and 5, Mr. Baker tested positive for methamphetamine during a routine drug screening. The agency also alleges that Jeffrey Jones, Mr. Baker's primary 