AA2 Flashcards
UCMJ
1950
Governs the armed forces under articles of the Constitution
A primary function of it was to modify/consolidate and the Army Articles of War, Articles for the Government of the Navy, and Disciplinary Laws of the Coast Guard.
Manual for Courts Martial (MCM)
As an order of the President, it had the full force and effect of law, and was binding on all people subject to the UCMJ.
primary function is to address the field of military justice as thoroughly as possible under the restrictions of a working manual
In 1951
REASONS FOR A SEPARATE JUSTICE SYSTEM
Why is this system separate
Discipline
Crimes unique to military
Worldwide justice
Directive Counseling
Counseling style for quick, on the spot corrections
If time is limited or counselee is immature or lacks problem solving skills
Counselors leads
Article 31 UCMJ
This article advises service members of their right against self-incrimination but does not provide any right to counsel for requests of voice or handwriting samples and requests for bodily fluids
Fifth Amendment (also known as Miranda
The Constitution and the UCMJ guarantee and protect your legal rights. The most important of these rights are the rights to remain silent and consult with a lawyer.
Administrative Action Objectives (Discipline)
emphasizes an educational/corrective way of dealing with problems
Objectives
To reform the offender
To deter others from similar actions
To maintain consistent, effective group standard
Article 92
If you are not a suspect, you can be ordered to make a statement.
Failure to give a statement in such a case violates this article of the UCMJ
Article 134
If a member gives a false sworn statement this article has been violated.
Legal Right #2 :Counsel
A right of all accused of a crime.
Provided free of charge by Area Defense Counsel(ADC) to all accused before summary, special, and general courts-martial, or facing punishment under Article 15
Search
an examination of a person, property, or premises to uncover evidence of a crime or criminal intent, such as stolen goods, burglary tools, weapons, or other evidence.
MUST be authorized by the express permission, written or oral, issued by a commander, military judge, or magistrate,
Seizure
taking of such items by authorities for evidence at a court-martial.
Inspection
examination of the whole or part of a unit, organization, installation, aircraft, or vehicle to determine and to ensure the security, military fitness, or good order and discipline of the unit, organization, or installation
Health and Welfare Inspections and Inventories.
Commanders, first sergeants, or designated representatives are authorized to conduct
lawful events without probable cause; cannot be used in trial/ article if not at random
authorized so long as the primary purpose is to determine/ensure the security, military fitness, or good order and discipline of the unit, organization, installation, vessel, aircraft or vehicle. ie; security gate,ua,dorm
Contraband
defined as material that the possession of is, by its very nature, unlawful.
Seized onsite; ie alcohol in dorms
If in plain sight, subject to Article 15
Legal Rights 3: Search and Seizure, Inspection
Leadership should Consult SJA prior to auth
Member Can refuse if it’s a consent search
Cannot refuse health and wellness, probable causes
Consent Search
search of a person/property conducted with permission of the person or occupant of the place.
Can refuse, limit the scope, or withdraw it at any time.
*illegal to coerce, threaten, acquiesce
With two occupants, one can permit search of their part of the room and the common areas of the room.
Idealized Influence (II)
This influence is measured on 2 components: behaviors & attributes.
- All Core Values
Probable Cause Search
search performed when there is a reasonable belief that the person, property, or evidence sought is located in the place or on the person to be searched.
authorized by a commander, military judge, or magistrate.
Discipline
does not simply imply punishment for wrongdoing.
It’s a broad concept that implies a state of mind, or an attitude that prompts people to work eagerly and voluntarily to accomplish organizational goals
management action to encourage compliance with organizational standards
Maintains Discipline
Preventive Discipline
Admin Tools
Nonjudicial punishment
Judicial punishment
Preventative discipline
action taken to encourage members to be self-disciplined & follow standards/regulations to prevent infractions.
preferred way of maintaining discipline
primary emphasis on eliciting the highest performance from each person.
Transformational leaders exemplifying IM trigger inspiration through three main concepts:
three main concepts that trigger this to work
• Motivation – Inspiration provides energy and direction that fuels the action of followers.
• Evocation – inspiration is evoked from within or through significant others (e.g., flight commanders, squadron commanders, directors, etc.) and their environment.
• Transcendence – Inspiration moves followers through an appreciation of beauty and excellence that allows them to rise above ordinary preoccupations or limitations.
Unfavorable Information Files (UIFs)
an official record of unfavorable information concerning conduct/ duty performance
Contents of this file depend on Rank, action taken, & punishment
must give member opp to respond when filed
Mandatory inclusion of Article 15 under the UCMJ, a record of conviction from a court-martial, or a letter of reprimand (LOR)
Contingent Reward (constructive) Transactional Leadership
1) Set goals for and with followers
2) Suggest pathways to meet performance expectations + guidance on how to achieve their performance goals is an excellent display of and ensures success;
3) Actively monitor followers’ progress and provide supportive feedback
4) Provide rewards when goals are attained –
UIF Duration/File Access
Kept 6 mo-4 yr. Commanders and first sergeants may access the files of the personnel in their jurisdiction at any time:
commanders can access all members’ files,
first sergeants can only access those of enlisted members.
OPR and EPR rating officials, when preparing to write or endorse a performance report, may view a UIF as well.
Special Court-Martial (SPCM)
Judicial Punishment
tries offenses of intermediate severity with a military judge + panel of court members +trial counsel (prosecutor), defense counsel, the accused, and a court reporter to record the proceedings.
enlisted members can request 1/3 enlisted panel
Can request military judge alone and, if approved by the military judge, the court-members are excused.
Legal Rights 1: Right of Advisement
The right is granted under UCMJ Article 31 and The Fifth Amendment.
Mirandize
Non-judicial Punishments Under Article 15
When a member is found guilty of an offense, the commander can admin nonjudicial punishment
ie.reduction in grade, forfeiture of pay, restriction to base, extra duty, or other punishment.
punishment has limitations based upon the rank of both the commander and the offender.
permanent record, effects career
Minor Offense
offense for which the maximum sentence imposable would not include dishonorable discharge or confinement for longer than 1 year.
*Age, rank, experience, and duty local all matter in determining
Counseling, Admonitions, and Reprimands.
These, both Oral and written, are management tools; first corrective step
Can to send to the commander or keep it private and wait to see if the member improves; an offer recommendations in the letter
*Not punitive
Purpose & Implications:Article 15 of the UCMJ
Nonjudicial Punishment
gives commanders a tool for maintaining morale, discipline, and efficiency.
Provides CC flexibility to punish military members for offenses not serious enough for a court-martial conviction. ( NCO can recommend)
Consider if other actions were taken, if appropriate, & were ineffective
Summary Court Martial (SCM)
Judicial Punishment
Prompt; tries minor offenses; enlisted only
consists of 1 officer who develops the evidence for both the accused and the government, finds the accused guilty or not guilty, and imposes sentence on the guilty.
counsel provided by requested.
accused can refuse to be tried by a summary court-martial and demand a trial
Commander Role
This person can authorize searches, seizures, and inspections for areas in which they have authority and in dorms
General Court-Martial(GCM)
Judicial Punishment
Convened by NAF CC. & tries the most serious offenses; require a pretrial hearing pursuant to Article 32 of the UCMJ
may request trial by military judge alone, by oral or written application, except in a capital case.
The maximum authorized punishment this court-martial may impose is limited only by the max allowed for offense. It may include death.
Area Defense Counsel (ADC)
represents AF personnel. The chain of command is separate from the SJA to avoid perception that the CC or the SJA could influence how the counsel represented their clients.
provides legal advice and representation to military members under the following circumstances: Article 15, LOR, Demotion/ Adm Sep, Court Martial
Management by Exception (MBE)- A
Corrective Transaction
incorporates a corrective transaction been the leader & follower -focus is on the specific deviation from predefined standards.
promptly corrects subordinates-
Use on occasion/ critical -overuse creates disharmony
micromanaging Negative approach
Discipline
It’s a type of training that strives to correct and mold personal knowledge, attitudes, and behavior so that workers exert themselves willingly for better cooperation and performance.
Management by Exception (MBE)- P
Corrective Transaction
This leader reacts to only intervenes only when standards are not met- “if it ain’t broke, don’t fix it.”
*negative focus —low trust in their leader, low commitment
typically react to this behavior with low commitment, identity, and trust for their leaders.
Transformational Leadership
This category of leadership involves creating personal relationships with followers that raises their level of motivation and morality.
*Want followers to achieve more than they planned by creating challenging expectations
Control Roster
a physical list of ppl under commander observation; this list assists commanders and supervisors in controlling and managing such members. whose duty performance is substandard/who fail to meet/ maintain standards of conduct, bearing, and integrity, on- or off-duty
Not punishment; fosters rehabilitation
While on here u are ineligible for reenlistment, promotion, or PCS) reassignment (except for a mandatory move)
Non-directive Counseling
A counseling approach that allows counselee play an active role
Counselor is there to clarify+listen
Long sessions
Inspirational Motivation (IM). Transformational Leadership
use of enthusiasm and optimism to inspire/motivate; synergy of vision & behavior leaders energize their followers; confident in followers
This leader is required to enhance team spirit, provide meaning, and challenge their followers’ work.
MLK “I Have a Dream”
Idealized Influence (II) Transformational Leader
These leaders exhibiting idealized influence by being a positive role models for followers to emulate. Principles and high standards of ethical and moral conduct Core Values
these leaders are respected, admired, and trusted completely
Followers ID w/ leader & mission
Ghandi
Intellectual Stimulation (IS) Transformational Leadership
This leader fosters creativity & innovation while supporting new approaches
This critical thinking approach encourages followers to develop unique ways to solve problems or complex issues within the organization.
Focus on the “what” + must also be willing to support members regardless of success or failure
Staff Judge Advocate (SJA)
the CC’s legal staff who represents the AF in all legal matters.
runs the installation legal office, which are generally divided into the following areas of responsibility:
Military Justice, claims, civil law
6 key transformational leadership actions that promote intellectual stimulation (IS)
Re-examine critical assumptions
Seek different perspectives
Look at problems from many different angles
Suggest new ways of looking at how to complete assignments
Encourage nontraditional thinking to deal with traditional problems
Encourage rethinking those ideas that have never been questioned before
4 Stages of Counseling
Identify the need
Prepare
Conduct the session
Follow up
Conduct the Session (Steps)
Open
Discuss
Develop a plan
Record &Close
Diversity Leadership “Issues”
Under/over protection
Language
Failure to coach/mentor
Different consequences
Diversity Leadership “Obstacles”
Glass-ceiling: adv cap for “others”
White Male Club ( WASP)- white world
Lack of Accountability-minorities scrutinized differently
Unwritten Rules
Diversity Leadership “Benefits”
Creativity
Broader Range of Skills
Better customer service
Recruit best talent
Value of Diversity
Support Behaviors :Mentoring, internal advocate, spanning boundaries
Types of AF Diversity
Demographic
Cognitive/behavioral
Organizational
Global Diversity
Cross-Cultural Competence (3C)
Linguistic,regional, cultural
- Knowledge - Understand concepts
- Skill- Communicate, relate, negotiate
- Attitude- positive
- Transfer/application-transfer & apply
Cross-Cultural Competence (3C)
Barriers
Ethnocentrism- my culture is best
Stereotypes-
Defense-Viewing other cultures as a threat
Orbital warfare
Operates spacecrafts and commands crews to accomplish combat training and other related mission
Space Electronic Warfare
Electronic and payload
Space battle management
Space Warfighting
Performs battle management for missile warning, Missile defense, and space protection missions
Space access in sustainment
Managing space access architecture , manage system configurations
Effective Counselor (Qualities)
Respect for Airmen Self-awareness Cultural awareness Empathy Credibility
Individualized Consideration (IC). Transformational Leadership
This leader coaches/mentors, listens actively, and values diversity
Consider individuals as having different needs, abilities, and aspirations from others
