ACRS Final Admin Flashcards
What is apprehension
Apprehension is the taking of a person into custody.
Apprehension equivalent
It is the equivalent of an ‘arrest’ in civilian terminology.
Apprehension must be based on _________
probable cause
Who can apprehend
Commissioned, warrant, petty, and noncommissioned officers and Military law enforcement officials.
When is it ok to apprehend officer
1 Noncommissioned and petty officers not performing law enforcement duties should not apprehend a commissioned officer unless directed to do so by a commissioned officer
2 In order to prevent disgrace to the service or
3 To prevent the escape of one who has committed a serious offense.
When does probable cause exist
there are reasonable grounds to believe that an offense has been or is being committed.
Can I apprehend someone subject to the code that takes part in a quarrel
Yes All commissioned, warrant, petty, and noncommissioned officers may also apprehend persons subject to the code who take part in quarrels, frays, or disorders, wherever they occur
How is apprehension made
An apprehension is made by clearly notifying the person to be apprehended that [he or she] is in custody. This notice should be given orally or in writing
Purpose of Military Law
promote justice
assist in maintaining good order and discipline in the armed forces
promote efficiency and effectiveness in the military establishment
strengthen the national security of the United States
Proper format for unit
He was assigned as commanding officer, Company A, 1st Battalion, 2d Marines on 8 November
are Commas omiited with short title
yes. The squadron departed MCAS Iwakuni, Japan, at 0200.
Hyphen not used when…..
hyphen should also not be used when listing ground units, hull designators for Navy ships, or when separating the names of an exercise from the year in which it occurred.
Acronyms will be introduced except when
Acronyms will not be used unless they are going to be used more than once in the same document.
Examples of retired
Master Gunnery Sergeant John P. Jones, U.S. Marine Corps, Retired
Master Gunnery Sergeant John P. Jones, USMC (Ret)
Military organizations
letters for companies and batteries; Arabic numerals for divisions, regiments, battalions, platoons, and squads; and Roman numerals for forces. Examples: 2d Force Service Support Group (2d FSSG) 6th Marines (6th Mar) 2d Marine Aircraft Wing (2d MAW) 22d Marine Expeditionary Unit (22d MEU) Alpha Company (Company A) I Marine Expeditionary Force (I MEF)
how to Identify Personnel
Sergeant John J. Keller 3096589299/0411 USMC
Is “Marine” always capitalized
Yes
Are operations all caps
No. Operations, exercises, geographic areas, or other activities with code names given to them, will not be written entirely in capitals but will have the first letter of all proper names capitalized. Exercise Bold Eagle, Ocean Venture, and Team Spirit, are several examples of this principle
Numbers rules
- A figure is used for a single number of 10 or more with the exception of the first word of the sentence.
- Numbers less than 10 should be spelled out.
- When 2 or more numbers appear in a sentence and 1 of them is 10 or larger, figures are used for each number.
- A unit of measurement, time, or money is always expressed in figures.
- Figures are used for serial numbers.
- Spell out numerals at the beginning of a sentence.
- Rephrase a sentence to avoid beginning with figures.
- A spelled out number should not be repeated in figures, except in legal documents
Text
Use 10- to 12-point font size for text. Times New Roman is the preferred font, however Courier New may be used for informal correspondence
Letterhead seal/placement/spacing
1-inch diameter DOD seal
centered on the fourth line from the top of the page
Abbreviations or punctuation will not be used in the address
Order for correspondence
Marine Corps Directives Management Program, MCO 5215.1K
SECNAV M-5216.5 Correspondence Manual 2015
Margins and font
Top, bottom, left, and right margins will be 1 inch on each page
For directives, headers will be 1 inch and footers are .5 inches
Standard Subject Identification Code (SSIC
If “in reply refer to” is not utilized, type the SSIC on the second line below the letterhead SSIC should start 2 inches or more from the right edge of the paper.
Originator’s Code
S4
Date
dated on the same day it is signed
3 digit month
7 Sep 15
Can FOUOU protect national security
No. FOUO should never be used as a classification to protect national security.
FOUO
Internal pages of the document shall be marked “FOR OFFICIAL USE ONLY” at the bottom if they contain FOUO.
From line
on second line under date
two spaces after colon
to line
below from
dont skip line
six spaces from colon
Via line spacing/order/
under the “To:” line. Five spaces follow the colon.
If two or more “Via” addressees are listed, they shall be numbered.
Follow the chain of command. Routing starts with the addressee listed first
Subject line font/acronyms
ALL CAPS
No acronyms
Repeat subject from previous letter think CI
Reference line usage/order/spacing
Only references that pertain directly to the subject at hand should be used.
References will be listed in the order they appear throughout the text.
Four spaces follow the colon
Ref: (a) SECNAV M-5510.36
Enclosure order/don’t/spacing
Arrange enclosures in the order they are found in the text
An item should never be listed in both the enclosure line and reference line of the same document
Three spaces follow the colon / one space after parenthesis
Encl: (1) After Action Report Dated 20 Feb 2015
Paragraphs second line
Begin all continuation lines on the left margin
Numbering paragraphs
if there is a paragraph 1a, there must be a paragraph 1b; if there is a paragraph 1a (1), there must be a paragraph 1a (2)
Rule on starting new paragraph and signature page
do not begin a paragraph at the bottom of a page unless there is sufficient space for at least two lines of text on that page and at least two lines of text that continue over to the next page. At least two lines of text must appear on a signature page preceding the signature.
Signature line spacing/placement/alignment
center of the page, beginning on the fourth line below the text
Copy to placement/
Type “Copy to:” beginning on the left margin on the second line under the signature line. Identify addressees by their SNDL short title and/or SNDL numbers.
Second third pages placement/margins/which line
Begin typing on the left margin on the sixth line from the top of the page, or under a margin set at 1-inch.
Page numbering 1st page/margin/punctuation
A single-page letter or the first page of a multiple-page letter will not be numbered.
Page numbers will appear 1/2 inch from the bottom edge, starting with page 2.
No punctuation is included with a page number.
purpose of an LOI
serves as a set of instructions to conduct official unit events where coordination is required between separate entities
Sections of LOI
Situation, Mission, Execution, Administration & Logistics, and Command & Signal (SMEAC)
Can an LOI be signed by Dir
Yes. LOI’s can be signed “Acting” or “By direction”
LOI – Mission?
Reason why the LOI was written
LOI – Execution has 3 parts – identify
Commanders intent and concept of operations and subordinate unit missions
LOI – Explain Commanders intent
Commanders personal expression of the purpose
LOI- Admin and Logisitics
Information regarding administrative action, logistical and supply details
LOI – Command and Signal
Command identifies who it applies to, identifies chain of command and where the chain of command is located
Signal
Contains signals, call signs brevity codes
what is the fourth amendment
he Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government
When is evidence not admissible
Evidence obtained as a result of an unlawful search or seizure made by a person acting in a governmental capacity is inadmissible against the accused if … the accused had a reasonable expectation of privacy in the person
Is evidence from inspection or inventory admissible
Yes. Evidence obtained from lawful inspections and inventories in the Armed Forces is admissible at trial
Can I seize unlawful weapons or contraband during inspection
An unlawful weapon, contraband, or other evidence of a crime discovered during a lawful inspection or inventory may be seized and is admissible with this rule
Define lawful inspection
An ‘inspection’ is an examination of the whole or part of a unit, organization, installation, vessel, aircraft, or vehicle … conducted as an incident of command the primary purpose of an inspection is to determine and ensure the security, military fitness, or good order and discipline
Purpose of an inspection
an examination to determine and to ensure that any or
that the command is properly equipped,
functioning properly,
maintaining proper standards of readiness,
sea or airworthiness,
sanitation and cleanliness;
and that personnel are present, fit, and ready for duty
Can an inspection ask for bodily fluids
Yes. n order to produce body fluids, such as urine, is permissible
Do I need a notice to conduct an inspection
No. Inspections may utilize any reasonable natural or technological aid and may be conducted with or without notice to those inspected
Can I use an inspection as a “search for Evidence”
No. An examination made for the primary purpose of obtaining evidence for use in a trial by court-martial or in other disciplinary proceedings is not an inspection
Can I use an inspection to locate and confiscate weapons or contraband.
Yes. An inspection may include an examination to locate and confiscate unlawful weapons and other contraband.
Define Lawful inventory
An ‘inventory’ is a reasonable examination, accounting, or other control measure used to account for or control property, assets, or other resources.
Can an inspection be used as subterfuge for a search
no
Define “search”
A quest for evidence
NJP is authorized by ____________
one of the forms of military justice authorized by Article 15 of the Uniform Code of Military Justice, the UCMJ
Purpose of NJP
to allow commanders a means to discipline service members for
minor offenses,
maintain order and discipline
promote positive behavior
2 examples of minor offenses
Reporting late for duty and disobeying orders.
Before NJP, Commanders should consider (5 items)
the nature of the offense,
the record of the service member,
the needs for good order and discipline, and
the effect of nonjudicial punishment on the service member
the service member’s record
When due to nature of offense administrative corrective measures are inadequate, what can be considered
njp
A “minor offense” is up to the commanders discretion but typically meets this criteria
1 maximum sentence imposable would not include a dishonorable discharge or
2 confinement for longer than 1 year if tried by general court-martial
the 5 NJP Limitations
Double punishment prohibited. Increase in punishment prohibited. Multiple punishments prohibited. Statute of limitations Relationship of nonjudicial punishment to administrative corrective measures
Rights of the accused
Be present at the NJP
• Be informed of their Article 31 rights and to be silent in regards to any questions that
might tend to be incriminatory
• Be informed of the information/evidence to be used
• Be accompanied by a spokesperson
• To examine documents or physical objects that may be used as evidence
• To present evidence in extenuation and mitigation
• To have witnesses present
• To have the proceedings public
Statute of limitations for NJP
2 years
Statute of limitations for Court Martial
5 years
Can commander decide sexual assault is a minor offense
No. Certain offenses, such as sexual assault crimes, have been removed from this consideration and must always go to court-martial (UCMJ, Article 15, p. A2-5)
If guilty must there be a punishment?
Yes. CO cannot have a finding of guilty with no punishment. If the commander finds guilt, punishment must be imposed. Punishment, however, can be suspended after being adjudged (decided).
The six punishments
Admonition and reprimand Restriction Correctional custody Extra duties. Reduction in grade Forfeiture of pay
Limitations on combinations
Restriction and extra duties may be combined to run concurrently, but the combination may not exceed the maximum imposable for extra duties; and
COs options
Suspension suspended Mitigation reduction in quantity or quality Remission portion canceled Setting aside rights restored
Time limit for appeals
5 days
Purpose of administrative investigation
The administrative investigation is the fact-finding process used to gather information and details regarding a particular incident that has occurred within the Marine Corps
Who is a convening authority
a commissioned officer in command who has the authority to order a court martial into existence
3 types of investigations
Command Investigations
Litigation-Report Investigation
Courts and Boards of Inquiry
Purpose of PI
The PI is a quick and informal investigative tool used to determine whether a particular incident warrants a full scale JAGMAN investigation
The goal is to take a “quick look” at a particular incident
Example Fender Bender
Time to complete PI
3 days
CA options on PI
(1) Take no further action.
(2) Conduct a command investigation.
(3) Convene a litigation-report investigation.
(4) Convene a courts or board of inquiry
Purpose of a Command Investigation
investigation functions to search out, develop, assemble, analyze, and record all available information relative to the incident under investigation
When to conduct a CI
appropriate investigative tool for incidents involving:
aircraft mishaps;
explosions;
ship stranding or flooding; fires; l
loss of government funds or property;
firearm accidents;
security violations;
injury to service members while “not in the line of duty”;
and deaths of service members where there is a connection to naval service.
When not to use a CI
should not be used for major incidents that have resulted or are likely to result in claims or litigation against or for the Marines, Navy, or the United States.
Nor should it be used for incidents which have the potential to cause significant damage to the environment
When is litigation report used
s a high level investigation used to examine an incident or event that may result in claims or civil litigation against the Department of the Navy (DON)
is used for damage to personal property, personal injury, or death, caused by Navy personnel, or on behalf of the DON as an affirmative claim for damage caused to DON property by non- DON personnel
Primary purpose of litigation report
Its primary purpose is to prepare legal defense in the interests of the DON
Special requirements for litigation report
Convened only after consultation with a cognizant judge advocate
Conducted under the direction and supervision of a judge advocate
protected from disclosure to anyone who does not have an official need to know
ultimately forwarded to the Judge Advocate General
If property damage is less than 5000 or is only minor injuries instead of litigation report what form can you use
Standard Form 91
Purpose of Courts and Boards of Inquiry
are investigative court proceedings that utilize hearing procedures. These proceedings are only used to investigate major or serious incidents or significant events
Define “major incident”
an extraordinary event that occurs during the course of official duties that results in
multiple deaths,
substantial property loss, or
substantial harm to the environment.
Define Court Of inqury
an administrative, fact-finding body consisting of three or more officers
Define board of inquiry
an administrative, fact-finding body consisting of one or more commissioned officers.
It is convened by a GCMCA.
Middle step between an investigation and a court of inquiry
Example hearing with sworn testimony is desired
When is an LOD investigation required (3 instances)
Must be made in every case in which a member of the naval service incurs a disease or injury that might result in
permanent disability;
result in the physical inability to perform duty for a period exceeding 24 hours (as distinguished from a period of hospitalization for evaluation or observation); or,
death.
How many days to complete a death investigation
20 days
Is an investigation required if PI finds death was from previously known condition
no
How long is a typical CI
30 days
Three major parts to&e
Cover Page.
The Table of Organization (T/O)
Table of Equipment (T/E)
purpose of cover page
Defines the functions and responsibilities of an organization.
Parts of Cover page (8)
promulgation statement, statement of organization, mission and tasks, concept of organization. Concept of employment, administrative capabilities, logistic capabilities and supersession statement
Cover page - What is the the promulgation statement,
Promulgation Statement prescribes the organizational structure, billet authorization, personnel strength, and individual weapons for a unit. For example the Rifle Company (CO), Infantry Battalion (INFBN), Infantry Regiment, Marine Division, Marine Corps Forces
Cover page - What is the statement of organization,
Organization identifies the major sub-elements of the organization being defined
Cover page - What is the mission and tasks,
- mission statement - a concise declaration of the unit’s warfighting responsibilities and describes the unit’s supporting role within the Marine Air-Ground Task Force (MAGTF), supporting establishment, and joint operations.
- tasks are specific statements that address how the unit’s activities will be conducted to accomplish the mission statement
Cover page - What is the concept of organization.
Documents the operational capabilities of the unit, in terms of the six major warfighting functions: maneuver, intelligence, fires, logistics, command and control, and force protection.
-identifies if organic or external
Cover page - What is the Concept of employment,
describes in detail how the unit is organized to accomplish its wartime mission. This segment includes a narrative of actions the unit is expected to take.
Cover page - What is the administrative capabilities,
states whether administration is organic, or from which organization administrative support will be received
Cover page - What is the the logistic capabilities and
describes a unit’s ability to sustain itself, to include aviation logistic capabilities. This section
- states whether maintenance is organic and if not organic
- level of maintenance is specified
Cover page - What is the supersession statement
-Supersession component provides version information that the current report is replacing and the effective date of its replacement.
Purpose of T/O
displays the composition of every Marine Corps organization in terms of billet organization. It provides the total unit strength, and the basis for which individual weapon allowances are generated
Parts of T/O (5 components)
Billet Organization, Billet Summary, Recap by MOS, Recap by MCC, and Billet Footnote
T/O - What is the Billet Organization,
Billet organization document shows the actual breakdown of all personnel by rank, MOS, and authorized weapon
T/O - What is the Billet Summary,
used to validate requirements for (TAMCNs) on the table of equipment (T/E)
provides a summary of the total number of personnel by component; columns are used to separate those in a chargeable or non-chargeable status
T/O - What is the Recap by MOS,
denotes chargeable or non-chargeable military and civilian personnel by MOS (or civilian occupation code). The grade columns list the data for a specific MOS and specific grades
T/O - What is the Recap by MCC, and
The Recap by MCC section provides a detailed summary of total unit strength
T/O - What is the Billet Footnote
The footnote column of the T/O checklist is provided for local use as requested.
Explain Chargeable billets
Non-Chargeable Billets are those which will not be considered when computing the unit’s strength, individual equipment allowances, or individual weapon allowances
Purpose of T/E
which lists equipment by Table of Authorized Material Control Number (TAMCN). These items are required by the unit to perform their mission as defined by their respective T/O&E mission statements
T/E X-78 Expression
- hows the updates on individual-type equipment quantities based on approved Table of Organization and Equipment Change Requests (TOECRs).
- These updates are reflected every day after nightly updates within total force structure records occur.
T/E - Concept of Employment (COE)
- All X-78 Expressions will be replaced by COEs
- COE is based on the new criterion
If you see evidence of violation on social media, what do you do
If there is evidence of a Marine violating command policy or the Uniform Code of Military
Justice on social media platforms, you should appropriately respond to the violation
Can you follow Marines on social media
Yes up to you
Name 2 things not allowed on social media
self-promotion online and paid submissions for blogging
Social network friends can affect what….
Security clearance
To set up a unit official website who must approve
CO and PAO
Can official sites be “private”
no
What label should site have
Organization-Government
OPSEC state some sensitive information
detailed information about the mission of assigned units,
the locations and times of unit deployments,
personnel transactions that occur in large numbers (e.g., pay information, power of attorney, wills, or deployment information)
references to trends in unit morale or personnel problems and details concerning security procedures
As a leader when you post on social media you are seen as an…..
Authority
2 examples of social media use
If the leader is using social media as a way to communicate command and unit information, then following members in a leader’s command is appropriate.
But if the leader is using social media as a way to keep in touch with family and friends, it may not entirely make sense to follow people in their chain of command.
Timeliness concept
maximum disclosure, minimum delay
presentations - use emotions
A speaker needs to be able to reach the emotional portion of the brain if true change is to take place
What is the limbic system responsible for
The limbic system in the brain, specifically the amygdala, is responsible for the emotional responses your mind and body take when stimulated.
How to think of presentation
Think of the presentation as a story that has conflict, contrasts, problems, and solutions
3 elements of a story
Identify the problem.
• Identify the causes of the problem.
• Show how to solve the problem
Most important aspect of presentation
Effective presenters also make “why” the focus of their speech/presentation
Identify the audience
The presenter needs to know the audience and their level of knowledge relating to the topic
• Are there any cultural differences that need to be considered?
• What is the rank/professional level of the audience?
• Will it be okay to use humor with this particular audience?
• What are the audience’s expectations?
Collect data methods
Brainstorm – Brainstorming is a strategy used to generate ideas, promote creative thinking, and assist in problem solving. mind mapping.
• Group ideas – Ideas should be organized into two to four groups.
• Analyze ideas –An effective presenter keeps ideas relevant to the topic at hand..
• Edit ideas –but should desire to ensure the data adds true value to what is presented
how to Set realistic goals -
go deep (in depth) or go wide (in scope
Support your claims
he information should be based on the facts.
the information presented is coming from a reliable source.
Use notes
Format does not matter
List 7 Verbal elements:
Use of filler words - eliminate all of them
• Pronunciation - clarity of speech
• Volume - appropriate for the room
• Pace - not too fast or too slow
• Pitch - vary
• Tone - appropriate
• Inflection - keeps it interesting, not monotone. Let your emotions be known
List 7 Non-verbal elements:
- Gestures - natural• Body language - relaxed• Smiling - helps establish and keep that personal connection between the student and the audience • Eye contact - look at your audience to show you care about them as individuals
- Personal space - move close to audience
- Attitude - this will come through during the presentation so be aware of your attitu
Why Rehearse
to ensure familiarity with the content and to review the time factor
Types of searches
Border Searches Search upon entry exit to US Search for government property Consent Searches Searches from Lawful stop Searches incident to apprehension
Border Searches
Evidence from a border search for customs or immigration purposes authorized by a federal statute is admissible
Search upon entry exit to US
Evidence is admissible when a commander of a United States military installation, enclave, or aircraft on foreign soil, or in foreign or international airspace, or a United States vessel in foreign or international waters, has authorized appropriate personnel to search persons or the property of such persons upon entry to or exit from the installation, enclave, aircraft, or vessel to ensure the security, military fitness, or good order and discipline of the command
Search for government property
search without probable cause is admissible unless the person to whom the property is issued or assigned has a reasonable expectation of privacy.
Wall Lockers in living quarters are private
Consent Searches
A person may grant consent to search
property when the person exercises control over that property. It must be voluntary
Searches from Lawful stop
Stop and frisk. “Evidence is admissible if seized from a person who was lawfully stopped
Can I frisk during a lawful stop
Yes. During a lawful stop, it is permissible to conduct a “frisk” to ensure that the person being stopped does not have a weapon or pose a danger. Such a frisk must be based upon the “reasonable belief” that the person being frisked is armed and presently dangerous.
When can I conduct a lawful stop
when the person making the stop has information or observes unusual conduct that leads him or her reasonably to conclude in light of his or her experience that criminal activity may be afoot. The stop must be temporary and investigatory in nature
Searches incident to apprehension
Who has been lawfully apprehended or if seized as a result of a reasonable protective sweep.
Probable Cause searches vs probable cause for apprehension
Probable cause for searches is different from probable cause for apprehension, although both are based on a reasonable belief that criminal activity is afoot.
define Probable Cause searches
Evidence obtained from reasonable searches conducted pursuant to a search warrant or search authorization, or under the exigent circumstances described in this rule
Basis for search authorization
Probable cause to search exists 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. A search authorization may be based upon hearsay evidence in whole or in part. A determination of probable cause will be based on upon any or all of the following:
Exigency search
Evidence obtained from a probable cause search is admissible without a search warrant or search authorization when there is a reasonable belief that the delay necessary to obtain a search warrant or search authorization would result in the removal, destruction, or concealment of the property or evidence sought.
Example of exigency cell
When on barracks duty, a Marine who smells marijuana may have an exigency search authorization to quickly enter the barracks room to seize the drugs before they are all consumed.
What documents are necessary for probable cause search
The commander should use Affidavit for Search Authorization to document their probable cause determination and Record of Authorization for Search (Refer to Figure 3) to document the execution of the search
