Block IV - General, Operations and International Law (GENOIL) Flashcards
What is the acronym FOIA?
Freedom of Information Act
What is FOIA governed by?
5 USC § 552 and DoD Manual (DoDM) 5400.07_AFMAN 33-302, Freedom of Information Act Program
Can a federal agency use an FOIA to request official information
No
Outline how Freedom of Information Act (FOIA) requests are processed within the Air Force when there’s any denial (W)
Written request for information sent to FOIA office →
FOIA monitor forwards request to office of primary responsibility (OPR) for initial review →
OPR recommends which document(s) apply to request and redactions based on exception(s) and law enforcement exclusion(s). If records requested don’t exist, they make that known and sends it to the legal office for review →
Legal office performs legal review, only required if OPR is recommending denial (redaction) or full denial of any information before responding to request. →
If denial of request: the file is forwarded to the Initial Denial Authority (IDA) (usually wing or vice CC) but can be a GS-13+ or O-4+. IDA informs sender of reason for delay if not made within the 20 working day timeline. →
MAJCOM JA for final authority
Outline how Freedom of Information Act (FOIA) requests are processed within the Air Force when there’s not any denial (W)
Written request for information sent to FOIA office →
FOIA monitor forwards request to office of primary responsibility (OPR) for initial review →
OPR recommends which document(s) apply to request and redactions based on exception(s) and law enforcement exclusion(s). If records requested do not require any denials, the records are sent back to the FOIA office for response to requester.
State the timeline for initial response to a Freedom of Information Act (FOIA) request (W)
20 working days
Who can the Initial Denial Authority (IDA) regarding an FOIA request be delegated down to from the wing commander?
Vice commander
GS-13 and above
O-4 and above
How many exemptions are there under FOIA?
Nine.
List the common exemptions from releasing information through the Freedom of Information Act (FOIA) (W)
Exemptions:
(b) (1)
(b) (2)
(b) (3)
(b) (6)
(b) (7)(A)
What is Exemption (b)(1)?
Prohibits the release of classified information
What is FOIA exemption (b)(2)?
States that records do not have to be released if they are related solely to an agency’s internal personnel rules and practices
What is FOIA exemption (b)(3)?
Limits the release of information specifically exempted from disclosure by statute
What is FOIA exemption (b)(6)?
Permits the government to withhold all information about an individual in personnel, medical, and similar files when disclosing such information would constitute a clearly unwarranted invasion of personal privacy
What is FOIA exemption (b)(7)(A)?
Authorizes the withholding of records or information compiled for law enforcement purposes, but only to the extent that production of such law enforcement records or information could reasonably be expected to interfere with enforcement proceedings.
What is the AFI that governs Privacy Act (PA)?
AFI 33-332, Air Force Privacy and Civil Liberties Program
State the purpose of the Privacy Act (W)
Governs the collection, maintenance, use, and dissemination of personally identifiable information (PII) maintained on individuals.
It ensures the government’s need for information is balanced against an individual’s right to privacy
List information covered under the PA (Privacy Act) (W)
Education records
Financial transactions
Medical history
Criminal history
Employment history
This includes records containing a name, identifying number or symbol and any other identifier unique to an individual
What are common identifiers unique to an individual?
Fingerprint
voiceprint
photograph
records about an individual maintained by agencies in the executive branch of the gov
Is PII a broad definition?
PII is a very broad definition and generally refers to any type of personal information that is linked or linkable to a person
PA prohibits disclosure of personal information within a records system without the individual’s prior written consent to whom the record pertains, However, how many exemptions are there to the “no disclosure without consent” rule?
Twelve exemptions; and there are times when PA information may be released without the individuals consent.
The most common reasons are civil or criminal law enforcement activity and written request is sent to the agency that maintains the record
State the punishments for unauthorized release of Privacy Act Information (W)
Any official or individual could be found guilty of misdemeanor and fined not more than $5,000 if they willfully disclose PA information from a system of records, knowing that dissemination is prohibited to anyone not entitled to receive the information
Can the Air Force have a lawsuit brought against them for failing to comply with the PA?
Yes! Any official or individual can get a misdemeanor criminal charge, and a fine of up to $5,000 per incident.
What is AFI 33-332?
AFI 33-332, Air Force Privacy and Civil Liberties Program
Identify the primary purposes of the Health Insurance Portability and Accountability Act (HIPAA). (W)
The purpose of HIPAA is to govern the access and or release of records, specifically medical records and health information.
Ensures privacy of individually identifiable health information and simplifies administration of healthcare
The HIPAA Privacy rules creates national standards to protect individuals _________ records and other personal __________ information (PHI)
Medical records; Health information
What AFI provides guidance on HIPAA?
AFI 41-200, Health Insurance Portability and Accountability Act
What are the HIPAA functions?
Gives patients right to examine, obtain, and request corrections of their health records
Establishes appropriate safeguards health care providers and others must achieve to protect the privacy of health information
Holds violators accountable, with civil and criminal penalties
Use or disclosure, or request for PHI, is limited to the minimum amount of information necessary to accomplish the intended purpose of the use, disclosure, or request, unless there is an exception to the minimum necessary rule
List the purposes for which healthcare related information may be released (W)
Not all-inclusive
As required by law
Public Health activities
Conenction w/ a judicial or administrative proceeding
Info regarding a victim of domestic violence, neglect and abuse
Health oversight activities
Law enforcement purposes
Info about decedents
To avert a serious threat to health or safety
Use of specialized gov functions
What are the common reasons legal office personnel request medical records via HIPAA?
Processing cases for court, discharge, or other administrative processes where records are deemed necessary
What are the functions of HIPAA?
Gives patients the right to obtain and examine their own health records and request corrections
Establishes safeguards to protect health information privacy
Holds violators accountable w/ civil and criminal penalties
Use, disclosure, or request for PHI is limited to minimum amount of information needed unless there is an exception to the minimum necessary rule.
What can violators of HIPAA be charged with?
A crime or civil and administrative penalties for unauthorized disclosures of PHI
What is the OGE Form 450 and 278? And are for who?
Confidential Financial Disclosure
Individuals who deal in the procurement of services for the Air Force
State when an off-duty employment application must submitted (W)
When seeking employment outside the Air Force
List the coordinating/approval authorities for off-duty employment requests (W)
Direct supervisor of individual → Legal office for review → sent to member’s CC who approves or disapproves
What are Off-duty employment reviewed for?
Ensures that the off-duty employment:
Does not interfere with or is incompatible with performing their gov duties
Does not or may not bring discredit upon the gov or DoD
Does not or may not tend to create a conflict of interest
Will not detract from readiness or pose a security risk
What form is used to request off-duty employment?
AF Form 3902, Application and Approval for Off-duty Employment
What DAFI guides situations that require Line of Duty (LOD) determinations?
DAFI 36-2910, Line of Duty (LOD) Determination, Medical Continuation (MEDCON), and Incapacitation (INCAP) Pay
What form is used for Line of Duty Determinations?
AF Form 348, Line of Duty Determination
What does the LOD find regarding a member’s illness, injury, disease or death?
If it existed before service and whether that condition was aggravated by service
Occurred while the member was AWOL
Was due to member’s misconduct
When does federal law require a LOD determination be performed?
When a member has an illness, injury, or disease that:
Results in AD member’s inability to work for more than 24 hours
Likelihood of permanent disability
Resulted in death
Requires medical treatment of the ARC; regardless of ability to perform duties
Involves alcohol or drug abuse
Occurred during AWOL
Occurred during course of conduct for which charges have been preferred under UCMJ
When is a Informal LOD done?
When an administrative LOD is not appropriate
Does a LOD stop or not happen just because the member was not hospitalized?
No
Identify step-by-step procedures for processing Line of Duty (LOD) determinations (W)
When a medical officers see’s a member fall into one of the illness, injury or disease
Administrative LOD:
(paper process): makes an administrative determination that the illness, injury or disease occurred while in a duty status as a hostile casualty (other than death), passenger on mil or civ acft, did not involve misconduct, abuse of substances, or self-injurious behavior, and is simple and unlikely to result in permanent disability.
Once c/w, the LOD is final and no further action required
Informal LOD:
Medical fills out AF Form 348 with narrative of medical condition, & forwards to member’s CC →
CC conducts investigation, considers info & makes recommendation (ILOD, NILOD, Formal LOD determination) on Form 348 & sends to legal office →
Legal office determines if CCs recommendation is legally sufficient and forwards to appointing authority →
appointing authority reviews CC and legal office recommendations and make final determination
If App Auth finds member ILOD or NILOD w/o misconduct then LOD is finalized.
If app auth finds the LOD should be found, then they annotate on the 348 & appoint an IO to conduct an investigation
What form is supplemental to the AF Form 348, Line of Duty Determination in a Formal LOD?
DD Form 261, Report of Investigation Line of Duty and Misconduct Status
Identify step-by-step procedures for a Formal LOD
Formal LOD:
IO conducts investigation, completes portion of DD Form 261, IO makes decision →
SJA performs legal review for legal sufficiency on decision →
documents sent to reviewing authority for review and fills out portion of DD Form 261, sends to approving authority →
approving authority approves or disapproves the LOD, routes to FSS →
mbr is notified of decision
Who can be the Investigating Officer (IO) for a Formal LOD?
Disinterested Captain (O-3) or above AND senior in rank to member being investigated
List the possible findings resulting from a Line of Duty (LOD) determination (W)
Informal LOD:
In-Line of Duty (ILOD)
Not in Line of Duty (NILOD) - Not due to member’s misconduct
Formal LOD
Formal LOD:
In-Line of Duty (ILOD)
Not in Line of Duty - NOT Due to Member’s Misconduct
Not in Line of Duty - Due to Member’s Misconduct
Can a formal LOD start as informal?
Yes
Discuss what the ILOD entails?
The member’s illness, injury, disease or death was not due to the member’s misconduct
Incurred when member was present for duty, absent with authority, or was service aggravated
This includes any status for ARC members
Discuss what the NILOD - Not due to Member’s Misconduct entails
Formal investigation determined member’s illness, injury, disease or death occurred while the member was absent w/o authority or when the member’s condition existed before they entered the service and was not service aggravated
Discuss what the NILOD - Due to Member’s Misconduct entails
When formal investigation determined the member’s illness, injury, disease or death was proximately caused by the member’s own misconduct
What is the standard or proof use for LOD determinations?
Preponderance of the evidence - the greater weight of credible evidence (more likely than not, the scenario happened)
What evidence can be used in LOD determinations?
direct, indirect, and medical documentation evidence
Identify the purpose of the Financial Liability Investigation program (W)
Serves as the basis for the government’s claim for restitution
Research and investigate cause of loss, damage, or destruction of property, and if it’s attributable to an individuals negligence or abuse
Assess or relieve monetary liability against individual based on evidence
Provide documentation to support adjustment of accountable records
Provide CCs w/ case histories that enable corrective action to prevent reoccurrence.
How much can an individual be held liable for if found to be responsible during an FLI?
One month’s base pay
How many days should an FLI be processed within?
90 days
What is FLI?
Financial Liability Investigation. It is a report of the facts and circumstances supporting the assessment of financial liability for loss, damage, or destruction of AF property.
What form is used in an FLI?
DD Form 200, Financial Liability Investigation of Property Loss
State the basic facts about Financial Liability Investigation (W)
Investigation is required when:
Damage or destruction of sensitive, classified or leased property
Damage or destruction of real property
Any loss where there is indication of fraud, theft or negligence
Cases w/ evidence of abuse or negligence where gov-owned asset has inital cost of $5,000+
When is a FLI not required?
Individual voluntarily agrees to pay for property if items are not subject to mandatory FLI requirements
Property lost in combat ops or becomes unserviceable due to normal wear and tear
Identify steps for processing a Financial Liability Investigation (W)
The org that owns the property initiates the FLI →
unit CC or appointing auth appoints an IO →
IO investigates and reports to appointing auth w/ recommendation →
Appointing auth reviews IO findings and takes final action if there is no negligence, misconduct or deliberate unauthorized use
If IO recommends assessing financial liability on member the file is sent to SJA →
SJA does legal review of statements, evidence, and value of items →
Approving authority makes final decision, if holding a member accountable, they decide the amount
Who decides the amount someone must repay in an FLI?
The approving authority
What is the first question asked in regards to the legal review for FLI’s?
Is there any evidence of negligence
What is DoDD 5500.7-R?
Joint Ethics Regulation (JER)
What is the JER?
Single source of standards of ethical conduct and ethics guidance for the DoD
Recall basic gift rules under the Joint Ethics Regulation (W)
In general, employees shall not give a gift or contribute to a gift for a superior with exceptions
Occasional basis - traditional gift giving holidays, $10 or less
On special, infrequent occasions - Special occasions or where superior - subordinate relationship ends. Not more than $10 per person, max of $300
Can an employee be forced/required to donate for gifts?
No.
State basic travel rules under the Joint Ethics Regulation (W)
`A federal employee can accept on-the-spot travel benefits as long as:
It does not interfere with mission accomplishment (missing RNLTD),
no additional cost to the federal gov (taking later flight but getting a hotel at gov cost),
benefits generally open to public, and not offered due to rank or position.
Cannot fly in first class in uniform
Can you sit in first class while in uniform?
No. Avoids perception that tax payers are paying for military members first class tickets
Recall basic facts of other rules under Joint Ethics Regulation (W)
Disqualifying financial interest (I.e. telling an employee to order from a company that his wife owns)
You can use GoFundMe to facilitate collection process if:
The fundraising or gift rules permit collecting funds for stated purpose and
if the GoFundMe can be structured to meet applicable requirements
What does the DoD General Gift Statue allow?
Military Services to accept gifts from domestic and foreign donors to benefit their programs and operations
Can you give a gift of cash or a gift card to another employee or supervisor?
No
Can a gift donor place conditions on the acceptance?
Yes. Such as specific installation, unit, facility, or program use.
Identify who can accept a gift to government (W)
The primary authority is the Secretary of the Air Force (SAF) per AFPD 51-5.
SAF can accept conditional gifts of personal prop (tangible and intangible) and real prop.
Certain amounts can be accepted by lower levels (not lower than installation CC)
AF Academy Superintendent - real property $100k or less, ann mx less than 5% of total gift value
CC of installation - must have real property support element - real prop less than $100k, ann mx less than 5% of total gift value
Employees - Unsolicited gifts$20 or less, not more than $50 from single source per calendar year
Who can delegate authority to accept real and personal property gifts to the gov of $100k or less and does not require more than negligible expenditure for its acceptance and mx?
Chief of Staff - delegate to subordinate CCs, not lower than installation CCs
MAJCOM/CCs - delegate to subordinate CCs, not lower than installation CCs
CCs and Directors of Field Operating Agencies
When can you not accept gifts during travel?
If it comes at an additional cost to the government (giving up your flight but need an overnight hotel, per diem)
Interferes with duties (missing RNLTD)
It is being offered due to rank or position and not the general public
What is AFPD 51-5?
Administrative Law, Gifts, and Command Relationships
AFPD 51-5 allows the authority of gift acceptance to be delegated to who and under what conditions?
The AF Academy superintendent - accept real property at $100k or less, does not require expenditures for acceptance and does not require annual maintenance above 5% of total gift value
CCs of installations - who have qualified real propert support element, $100k or less, does not require expenditures for acceptance and does not require annual maintenance of above 5% of total gift value
Chief of Staff of the Air Force (may delegate no lower than installation CCs), MAJCOM CC’s (may not delegate lower than installation CCs) and CCs and Directors of FOAs may accept gifts of less than $100k that do not require more than negligible expenditure for acceptance and maintenance.
Employees may accept gifts of $20 or less, cannot exceed $50 from a single source per calendar year. Does not apply to gifts of cash or investment interests (stocks or bonds). Additionally, gifts based on personal relationship (family or friendship). Finally, discounts and similar benefits.
List the step-by-step procedures for approving offers of gifts to the government (W)
Regardless of level of gift acceptance, seek legal advice from legal office before accepting a gift to determine:
Cost, Type, who the gift-giver is, and who the accepting agent is.
What AFI is the Private Organizations Program?
AFI 34-223
What are POs (Private Organizations)?
Self-sustaining special interest groups set up by individuals acting exclusively outside the scope of any official capacity as members of the AF or federal gov, including civilians, contractors, and ARC members.
What can/does the installation CC do/have responsibility (as well as the MSG/CC if delegated to) in regards to a PO?
Installation CC (MSG/CC if delegated): approval authority (can be delegated to the MSG/CC)
withdrawing authorization for POs, action on fundraiser requests,
approve unofficial unit activities in accumulation of more than $1k, not to exceed 6 months
authorize contractor and subcontractor participation in POs
Direct POs to eliminate duplication of services (AAFES)
Ensure background checks are c/w for employees and volunteers of POs when in contact w/ children under 18 years of age.
What responsibilities does the FSS/CC or FSS/CD (if delegated) have regarding POs (Private Orgs)?
FSS/CC or FSS/CD (Director)
monitoring and administering the installation PO program
Ensure membership provisions and startup justifications continue to apply and
advise the installation CC on PO changes (recommend revoke or not)
What responsibilities does the FSS Resource Manager (RM) or RM Flight Chief have in regards to POs (Private Orgs)?
FSS Resource Manager (RM) or RM Flight Chief
maintains file on each installation PO
Review POs folder annually for financial statements, documents, records and other required info IAW AFI and PO guide
Can the legal office provide legal assistance to prospective and currently recognized POs?
No
What roles does the Legal Office play in POs?
Ensures POs don’t compromise the AF by providing guidance on AFIs and other directives
Identifying and applying the formation, certification and recertification of the PO every two years
Reviewing financial reports, fundraising requests, and dissolution requests
May assist supporting component’s PO program on joint bases where the AF is the supported component
Identify the step-by-step procedures of reviewing and approving the establishment of a Private Organization and bylaws (W)
PO must develop constitutions, bylaws, or similar documents that outline the intent of PO and must address:
nature, function, objectives, membership eligibility, and sources of income
Include certification that PO members were notified/understand their financial liability for obligations of PO
Describe responsibilities of PO officers, their role in asset accountability, and financial and operational management
Provide specific guidance on the disposition of residual assets and liabilities upon dissolution
Route package for review to FSS RM or RM Flight Chief → legal sufficiency → FSS RM or RM Flight Chief → installation CC (or MSG/CC) for consideration and approval
What is the routing process to establish a PO?
Route package for review to FSS RM or RM Flight Chief →
legal sufficiency review→
FSS RM or RM Flight Chief →
installation CC (or MSG/CC) for consideration and approval
How often must a PO re-certify and who must review them?
Must re-certify every two years OR if there’s a change in the PO purpose, function, or membership eligibility.
Installation SJA must review
What responsibilities does the PO have?
Prevent appearance of DoD sanction or support. No usage of seals, logos, insignia, letterheads, correspondence titles, or in association w/ programs, locations or activities
No discrimination in membership or hiring practices.
No hazing or harassing
Be self-sustaining through dues, contributions, service charges, fees, or special assessments of their members
Use budgets and financial statements, prepare income-and-expense statement, prepare balance sheet that accounts for total assets, liabilities, and net worth of POs financial condition. File taxes
Identify authorized and unauthorized types of fundraisers conducted by private organizations (W)
Authorized:
Car washes, gift-wrapping, thrift shop sales, bake sales, dances, carnivals and raffles**
Unauthorized:
Soliciting for cash donations on base*,
sale or service of alcoholic beverages on an AF installation,
Raffles in workplace,
Raffles for monetary prizes only
*POs may make off-base solicitations and sales
**Additional rules for raffles
What are the additional rules for raffles?
Can be conducted on AF installation by POs composed mostly of DoD personnel and families
Must have advanced authorization from installation CC or designee
Must have request reviewed by legal office
Understand that raffle counts towards overall limit to hold not more than three fundraisers per calendar quarter
Must comply with requirements of both state and local laws of jurisdiction in which installation is located. Outside the US - raffles must be held IAW host nation laws and applicable SOFA
Hold raffle to support their ops or direct benefit of DoD personnel or their family members
May not raise money for outside cause
May use raffle for benefit of AFAF if 100% of proceeds are donated to the fund
List some basic rules for POs conducting fundraisers
No more than 3 times per quarter
Cannot:
Cannot perform PO operations while on duty
Cannot advertise, refer or encourage use of commercial businesses
Cannot compete with AAFES or FSS resale activities
Cannot take place during CFC or AFAF campaigns
Cannot use official communication systems to advertise PO fundraising events
Can or must:
must have liability insurance unless installation CC waives it or that the risk of liability is negligible
Must comply w/ all applicable fed, state, local, and foreign laws governing similar civilian activities
Can sell goods and consumables at public entrances and in community support facilities (BX)
What are additional requirements of raffles?
Must have advanced authorization from installation CC (MSG/CC or FSS/CC if delegated)
Request must be reviewed by legal office
Understand that raffles count toward 3 fundraisers per quarter
Must c/w both state and local laws (Stateside)
Must c/w host nation laws and SOFA (outside us)
List the step-by-step procedures for approving fundraiser requests (W)
PO develops package outlining request →
Send request to FSS, Customer Support Section →
FSS reviews for accuracy and completeness →
FSS forwards to legal for legal sufficiency and return to FSS →
FSS sends to approving authority (Installation CC can delegate to MSG/CC who can delegate to FSS/CC) →
After approval, approving authority sends it back to FSS Customer Supp →
FSS Customer Support sends it back to PO
Who is responsible for monitoring and administering the installation PO program?
FSS/CC or FSS/CD (Director)
What is the purpose of a fundraiser?
To support both unit- and wing- events, like holiday parties, promotion ceremonies, annual awards banquets
Identify basic facts about conscientious objectors (W)
Conscientious objection - A firm, fixed, and sincere objection to participation in war in any form or bearing arms, because of religious training and/or belief.
Conscientious objector (CO) - A military member who objects to participation in war in any form or bearing arms by reason of religious training and/or belief. There are two classes (C 1-O, and C 1-A-O)
Identify the classifications of conscientious objectors (W)
Class 1-O: a member who sincerely objects to participation in military service of any kind in a war in any form. Think 1-O Out the door.
Class 1-A-O: a member who sincerely objects to participation as a combatant in a war in any form, but whose convictions are such as to permit military service in a noncombatant status. These individuals get re-trained or moved into another job.
What are noncombatant duties (or service)?
Service in any unit of the Armed Forces that is unarmed at all times
Any assignment where the primary function does not require the use of arms in combat
Service aboard an armed ship or ACFT or in a combat zone shall be considered noncombatant duty unless the individual concerned is personally and directly involved in weapon’s operation
What is AFI 36-3204?
Procedures for applying as a Conscientious Objector
What is the SAF (Secretary of the Air Force) role in CO applications?
Establishes policy concerning processing and disposition of CO applications
What role does a Sq/CC play in a CO application?
Reviews application and makes recommendation to next level approval auth
Appoints IO
Ensures that CO applicant is removed from combatant work/trng until application is done
What is the Military Personnel Section’s responsibility in CO applications?
Executes estab. policy on CO
Provides trng to Career Development Section on processing CO applications
What does the Career Development (FSS/FSMPD) section do with CO applications?
Counsels and assists applicants with CO applications
What does a Chaplain and psychiatrist or psychologist do with a CO application?
Conducts personal interview with CO applicant
What is the application process for CO status?
Application must include the applicable separation directive, personal information required by regulation, a counseling statement as required by regulation, any other information the applicant wishes to submit in support of their case
Submit application to MPS →
MPS informs member of effects of being discharged as CO, processing procedures, requirements and potential impact of mbrs request, ensure counseling statement is complete →
MPS accepts package and completes screening of mbrs records. Reaches out to other orgs for supporting or doubting material for sincerity of mbrs beliefs. MPS schedules chaplain and psychiatrist or psychologist (mandatory), agencies send report to MPS →
MPS sends all gathered information to IO
Appropriate CC (usually the SPCMCA) will appoint AD JAG (O-3+ or higher than investigated person) as IO → IO investigates and serves copy to applicant and MPS → Applicant may rebut and must be included in the report → MPS sends case file to local SJA for review within 15 calendar days after applicant requests copy of record or the date MPS receives the applicants rebuttal → If the case needs more investigation they send the file back to the IO through MPS. If not → MAJCOM/CC and MAJCOM/JA review and make recommendation (Cannot be delegated) → sent to final decision authority (AD: Enlisted AFPC/DP2ST, ANG: NGB/CF, Cat A Res: AFRC/CV, AF Res IR: ARPC/CV)
SAF is the only person who can deny a CO application, whether enlisted or officer
If approved: Processed for discharge or reclassification
If rejected: member is entitled to know why
What must a CO applicant prove?
Their claim falls under the CO definition IAW AFI 36-3204, Procedures for Applying as a Conscientious Objector;
Their belief is honest, sincere, and deeply held;
Their belief is by virtue of religion or other belief system akin to religion; and
They oppose participation in war or bearing of arms
Must outline their desired outcome based on the type of CO status they are applying (separation or re-assignment)
What must a CO applicant include in their application before forwarding it through MPS?
The applicable separation directive
Personal information req by regs
A counseling statement, as req by regs
Any other info the applicant wants to submit in support of their case
Who is the only person who can deny a CO application, whether enlisted or officer?
SAF Secretary of the Air Force
Identify basic facts about debarments (W)
Process is maintained by Security Forces Squadron (SFS) & governed by DoDI 5200.08, Security of DoDM Installations and resources, and DoD 5200.08, Physical Security Program: Access to DoD Installations
The installation CC have the responsibility and authority to protect people and property - can issue debarment order, terminating the individual’s right to gain access to an installation.
General criteria to follow when a CC is considering debarment:
Involves commission of a criminal offense
Reflects negatively on the image of the U.S. overseas
Adversely affects the health, safety, or morale of personnel on the installation
What must the installation CC consider when deciding on debarment?
investigative evidence
documented facts
written coordination from the legal office
Debarments should not be what?
Arbitrary, unpredictable or discriminatory.
What’s the process of the debarment package?
Package routed to installation CC includes: investigative evidence, documented facts, written coordination from legal office and any other info deemed necessary by SFS
Package goes from SFS → Legal for review → Installation CC for approval → hand-delivered to member or certified mail.
Package routed to installation CC includes:
Debarment letter (CC signs). It outlines the period of time for debarment (if not permanent), options for reinstatement, the right to appeal the order. If person is civilian, it must also include info regarding 18 USC § 1382. Member should be made aware they are subject to apprehension or detainment if they attempt to enter the base. There must be enough information to satisfy civilian authorities.
Once package is routed and signed, it is hand-delivered to the member. IF not possible, it will be sent certified or registered mail, return receipt requested.
Can a verbal debarment occur legally?
Yes, only when a time constraint prevents a written order or a crime warrants immediate debarment.
Who is the sole authority for debarments and reinstating an individuals base access?
The installation CC
State the purpose of Legal Support Doctrine (W)
Fundamental principle by which military forces, or elements therof, guide their actions to support national objectives
Authoritative but not directive and requires judgement in application
Where is the AF Legal Support Doctrine found?
In Air Force Doctrine Publication (AFDP) 3-84, Legal Support
Focuses on legal advice, considerations and JA best practices in support of AF operations
What does the AF doctrine consist of?
Consists of those beliefs, distilled through experience, lessons learned, wargames, and experimentation, and passed on from one generation of Airmen to the next, that guide what we do; it is our codified practices on how best to employ airpower
Recognize key concepts contained within Legal Support Doctrine (W)
3 sections
Introduction to legal support:
The AF JAGC and Command Fundamentals
Support to Air Force Operations
What role does TJAGC have in Operations planning?
Operations planning: TJAGC assist planners in legal considerations for deliberate and crisis action planning by recommending legally acceptable COA for CC. Personnel review plans and ensure compliance w/ domestic and international law. Ensure proper TJAGC personnel identified to deploy.
Rules of Engagement (ROE): Govern the use of force to reflect the will of the civilian and military leadership. TJAGC personnel assist in ROE development and serve as principal advisors to the Joint Forces CC. Also assist CC in modifying or requesting ROE changes.
Legal review of Command and Control Issues: Command is lawful authority of the CC derived from the Constitution and statutes enacted by Congress. Control is the regulation of forces and functions to accomplish the mission IAW the CC intent. TJAGC facilitates and advise on operations and a wide variety of other command and control issues such as Title 10 and Title 50 of USC, ANG Title 32 and Title 10.
What is TJAGC role in Rules of Engagement?
Rules of Engagement (ROE): Govern the use of force to reflect the will of the civilian and military leadership. TJAGC personnel assist in ROE development and serve as principal advisors to the Joint Forces CC. Also assist CC in modifying or requesting ROE changes.
What is the TJAGC role in Legal Review of Command and Control Issues?
Legal review of Command and Control Issues: Command is lawful authority of the CC derived from the Constitution and statutes enacted by Congress. Control is the regulation of forces and functions to accomplish the mission IAW the CC intent. TJAGC facilitates and advise on operations and a wide variety of other command and control issues such as Title 10 and Title 50 of USC, ANG Title 32 and Title 10.
The legal support doctrine focuses on?
Legal advice, considerations, and JA best practices in support of Air Force operations
State simple facts about the organizational mission of the U.S. Army, Navy, Marine Corps, and Coast Guard (W)
Army - major elements are corps divisions, separate brigades
Navy - maintaining maritime superiority, regional stability, conducting ops on and from the sea, seizing or defending advanced naval bases and conducting land ops as needed
Marines - conduct expeditionary and amphibious ops with other branches of the US military
Coast Guard - array of maritime duties
What is the Army’s mission?
Fight and win out Nation’s wars by providing prompt, sustained land dominance across the full range of military operations and the spectrum of conflict, supporting combatant commanders.
What is the Navy’s mission?
Maintain, train, and equip combat-ready naval forces capable of winning wars, deterring aggression, and maintaining freedom of the seas.
What is the Marine Corps mission?
fight on land, sea, and air and provide forces and detachments to naval ships and ground operations.
What is the Coast Guard’s mission?
Ensure our nation’s maritime safety, security and stewardship
When not at war, who does the Coast Guard belong to?
Department of Homeland Security
Restate basic facts about status of personnel under the Law of War (W)
Three categories:
Combatants (lawful or unlawful) - engaged in hostilities against the US or its coalition partners during armed conflict
Lawful combatant - commanded by a person responsible for subordinates, fixed & distinctive insignia, carry arms openly, conduct ops w/in LoW. May be tried for breaches of LoW and are entitled to PoW status if captured.
Unlawful combatants - Does not meet all or some of the criteria of lawful combatant. Not entitled to PoW status.
Noncombatants - Any person not engaged in hostilities against the US or its coalition partners (i.e. Chaplains, medical personnel including medical and dental officers, technicians, and corpsmen, nurses, and medical service personnel. Also those out of combat status, captured, wounded, sick, shipwrecked and no longer engaging in hostilities). May not be attacked. May carry small arms for self protection and patient protection.
Civilians - No clear definition. Anyone who is not a combatant or noncombatant. Civilians and their property cannot be the object of direct attack.
If chaplains or medical personnel are captured, what are they considered?
Retained personnel, NOT PRISONERS OF WAR.
Restate basic facts about the status of civilian contractors under the Law of War (W)
US contractors used for a variety of tasks such as cleaning, food, and security services in deployed environments.
US Contractors can be prosecuted for committing crimes in a deployed location.
Some contactors may be entitled to PoW status if they received authorization from the force they accompany
Recall basic facts about the five principles of the Law of War (W)
Military Necessity - Permits the application of only that degree of regulated force, not otherwise prohibited by the laws of war, required for the partial or complete submission of the enemy with the least expenditure of life, time, and physical resources
Humanity - Forbids infliction of unnecessary suffering, injury, or destruction not necessary for legitimate military purposes.
Proportionality - Requires the expected loss of civilian life and damage to civilian property incidental to attack not be excessive in relation to the concrete and direct military advantage anticipated from striking the target
Distinction - Prohibits indiscriminate attacks. (Cannot attack civilians and non-combatants)
Honor - Illegal to fake surrender in order to trigger an attack on the enemy, however, lawful ruses are permitted
Recognize protective symbols and emblems under the Law of War (W)
Red CFLIs - identifier for medical personnel during wartime. from 1864 Geneva Convention, used in vast majority of nations recognized by International Committee of the Red CFLIs (ICRC)
Red Crescent - Used in place of the Red CFLIs by most majority-Muslim countries. Adapted to respect sanctity of all persons and facilitates bearing the Red Crescent symbol.
Red Crystal - equal status to Red CFLIs or Red Crescent. Used predominantly by national societies who do not use one of the recognized symbols.
Identify procedures used to determine current Rules of Engagement (W)
Consult:
Standing Rules of Engagement,
Combatant Commander’s special ROE for the AOR,
base-line ROE for specific missions provided in the operation plans (OPLANs) or
Supplemental ROE
List examples of items covered by the Chairman of the Joint Chief of Staff (CJCS) Standing Rules of Engagement (W)
Items covered are maritime, air, land, space, and information operations
What is the the US Standing Rules of Engagement? What does it apply to within the US territories and outside the US territories?
US Standing Rules of Engagement (SROE) - basic doc for US forces using inherit right to self-defense as fundamental concept
Within the US SROE applies to air and maritime homeland defense missions
Outside US territory SROE applies to all military ops and contingencies
Recognize situations that would constitute hostile intent or hostile act (W)
Hostile intent - unclear at times, and a determination is made regarding the threat of imminent use of force against the US or US forces is present.
Hostile attack - an attack or other use of force against the US or other US forces, or force used directly to preclude or impede US forces mission and or duties
State basic facts about Supplemental Rules of Engagement (W)
Designed to limit or grant authority for mission accomplishment purposes
NOT intended to limit a CCs inherent right/obligation to engage in self-defense
Enable subordinate CCs to request additional measures or clarification
What is US policy regarding the right to use self-defense?
US forces retain the right to use necessary and proportional force for unit and self-defense in response to a hostile act or demonstrated hostile intent
Who can approve supplemental ROEs?
POTUS, SECDEF, or the combatant CC for specific missions
The person who created the restriction is the person to lift/adjust it
Recognize the general principles of deployment fiscal law (W)
Comes from National Defense Authorization Act (NDAA)
Appropriations: Military personnel, Operations and Maintenance (O&M). Procurement, Research, Development, Test, and Evaluation (RDT&E), Military construction (MILCON)
To prepare an obligation/expenditures consider: purpose, time, amount of obligation and or expenditures
Funds should be used for good purpose and fall within one of the five defense appropriations
Appropriations cannot be used whenever deemed convenient, but by the period available or need.
Law prohibits advanced commitment of funds
What are the five main defense appropriations?
Military personnel
Operations and Maintenance (O&M)
Procurement (3 year time frame for funds)
Research, Development, Test, and Evaluation (RDT&E) (2 year time frame for funds)
Military construction (MILCON) (5 year time frame for funds)
What are the two sources used to fund construction projects?
MILCON and O&M funds
How much can unspecified projects be?
equal to or less than $6 million. It is considered an unspecified minor military construction (UMMC) project
According to the National Defense Authorization Act, any project that exceeds $6 million in costs must use which funds?
Specified funds appropriated by Congress
If an unspecified project is $2 million or less, which funds may be used?
O&M
State basic facts about the Anti-Deficiency Act (W)
Governs the use of funds
IAW the ADA, funds are available to support contract obligations only if previously authorized and appropriated by congress
Legislative process of authorization and appropriation creates different funds, with resulting limits on use as to the purpose, time and amount
What are some examples of ADA violations and who are they reported to?
Authorizing obligations in advance or excess, obligating or expending funds beyond period of time
Reported to Congress and POTUS
List the common methods for contracting in a deployed environment (W)
Firm fixed Price
Requirements
Indefinite Quantity
Time and Materials
What is Firm Fixed Price?
Primary type of contract used during contingency ops
price is firm and fixed
contractor has incentive to perform efficiently and economically
What is the Requirements type of contract?
Provides for purchasing all requirements or services from one contractor
Allows max and min order amounts to be established in contract
Contractor not obligated to fill beyond specified max
What is the indefinite quantity contract type?
Provides indefinite quantity within stated limits for specific services/supplies within a fixed period
Scheduled by placing orders
What is the Time and Materials type of contract?
to acquire services or supplies based on direct labor hours at specified fixed hourly rates, including wages, overhead, profit and material at cost, including material handling costs
May be only effective mechanism when large amounts of repair, mx, or overhaul work must be done in emergencies
Recognize contract fraud issues that occur in a deployed environment (W)
product substitution
Defective pricing
Cost mischarging
Price-fixing
Fabrication of records
Bribes
Gratuities
Kickbacks
Gov employee collusion and fraud
false claims on invoices
incomplete or irregular contract documentation
What Act governs the use of funds? What entity authorizes and appropriates those funds?
Anti-deficiency Act
Congress
What is the purpose of the EOC?
The command and control (C2) support element that directs, monitors, and supports an installation’s actions before, during, and after an incident (some vehicle accidents or major acft mishaps, on-installation active shooter or terrorist attack, etc)
Identify key Emergency Operations Center team members and their responsibilities (W)
On scene CC - directs actions to mitigate damage, save lives and restore assets
Fire Dept - Fire chief takes command during the initial response and pereforms fire suppression and lifesaving functions
Security Forces - Senior leader of SFS advises OSC on security measures and protect classified material
Services - Provide search and recovery of human remains for ID, disposition, and mortuary services
Public Affairs - Make initial news release of the incident and handle news media requests for photos
Legal office - Advises OSC on claims, National Disaster Area, jurisdiction issues, setting limits on using AF personnel off base, and investigating acft or missile accidents
Communications - Restores comms and advises OSC on avail of secure radios, phones and faxes
Transportation - advises OSC on transport resources
Safety - Monitors response activities for safety hazards
Weather - Advises on weather conditions that may affects ops
Medical - Advises OSC on status of medical treatment activities
Bioenvironmental - Evaluate occupations, radiological, and environmental hazards at the scene
Maintenance - Supervises ACFT, missile and support equip evacuation
Munitions - Provides technical guidance on weapon components and their recovery
State legal office responsibilities when responding to a major accident or disaster (W)
SJA contacts MAJCOM/JA and JACC w/ info regarding incident
JACC may augment the legal office w/ a fly-away team to provide assistance
Assist in emergency payments. Educate populace on where they access info and notify people to contact their insurance companies.
Advise transportation on legality of using go transportation for different emergencies
Advise emergency management on multiple subjects such as logistics and material, direction and control, info management, facilitation for requests for fed assistance, resource acquisition and management, worker safety and health, facilities management , financial management, and other support
Paralegals will assist with Mass Care, Housing and Human Services by starting process for orders for family support liason, and summary court officer. May be questions about use of facilities as mass casualty points
Resource support - research and assisting in answering questions critical to op assistance to support fed, state, local, and tribal response agencies requiring support before, during, and or after incidents
Public Safety and Security - answering questions from SFS regarding their avail actions to ensure public safety and security
Long Term Community Recovery and Mitigation - answer questions regarding environmental impacts and recovery ops that take place in the long term
External affairs - working w/ Public Affairs. Need to know what info they can and cannot release to public.
State the purpose of a National Defense Area (W)
to safeguard classified defense info or protect DoD equip or material
Identify basic facts about the Posse Comitatus Act (W)
Prohibits the direct active participation of military forces to execute civilian laws with three exceptions. Use of info, use of DoD personnel, use of mil equip and facilities.
Applies to AD Army and AF personnel, Army and AFRES in AD status, Army and ANG in Title 10 status, and Marine Corps and Navy personnel by policy as directed by Congress
Does NOT apply to Army or ANG forces in State Active Duty or Title 32 status.
What are the exceptions to the Posse Comitatus Act
Use of information - SECDEF providing information to fed, state, and local law enforcement if relevant to a violation of fed or state law
Use of DoD personnel - laws that permit direct mil participation in civilian law enforcement include, not limited to, crimes involving nuclear materials, support to territorial governors if a civil disorder occurs, and actions in support of specific customs laws
Use of mil equip and facilities - allows SECDEF to make equip, facilities, or research facilities available to any fed, state, or local civil law enforcement official for law enforcement purposes.
Identify forms of classified communication technology used in The Judge Advocate General’s Corps (W)
NIPRNET - internet - used to exchange unclassified information only. Primary means of unclassified communications
Secret Internet Protocol (IP) Router Network (SIPRNET) - interconnected computer networks by the DoD and DoS to transmit classified information, up to and including information classified as SECRET.
Voice-over-internet protocol (VOIP) - phone - allows calls using broadband internet connection. Can be used on either secured or unsecured network.
When using a secure network, VOIP device allows the capability to discuss classified information.
When using an unsecured network, VOIP allows for non-classified information.
State the authority to issue General Orders (W)
Combatant CCs can issue GO under 10 USC § 164c
List examples of common items found in General Orders (W)
prohibits:
Possession of alcohol
Pornography
Gambling
Black-marketing of privately owned weapons
Local food and drink consumption
Entry to religious sites
Identify basic facts about contingency plans (W)
Contingency plans are for major contingencies that can reasonably be anticipated in the principal geographic subarea of the command. They include specific strategies and actions to deal with variances to assumptions
Consists of a base plan and a set of annexes
Base plan states major goals and objectives
Annexes specify, in more detail, how the overall objectives and goals will be accomplished
State the purpose of situation reports (W)
To keep the Joint Staff, Service Secretaries, and SECDEF apprised of existing political, military, operational situations and plans
Outline the requirements to prepare and file an after action report (W)
purpose is to ask focused questions that allow the deployer to communicate essential info to prime those who will follow in later rotations properly
For every JAG, paralegal and civilian that deploys or participates in an operational exercise
Enhances planning and support for future by validating training, establishing readiness criteria, and id’ing corrections or workarounds used during an exercise or operation. Perfects legal expertise by sharing lessons learned from exercises and operations
State the timeframe in which deployed members must submit their after action reports (W)
30 days
List some examples of records that PA applies to
- educational records,
- financial transactions,
- medical history,
- criminal orEmployment history.
Outline how Freedom of Information Act (FOIA) requests are processed within the Air Force when there’s any denial (W)
What is FOIA exemption (b)(1)
Prohibits release of classified information
What responsibilities does the FSS Resource Manager (RM) or RM Flight Chief have in regards to POs (Private Orgs)?
FSS Resource Manager (RM) or RM Flight Chief
maintains file on each installation PO
Review POs folder annually for financial statements, documents, records and other required info IAW AFI and PO guide
What are the MILCON Funding Limitations?
Specified - Any project $6 million+
Unspecified - Approved cost of less than $6 million
O&M - Minor construction less than $2 million
What is the purpose of RoEs (Rules of Engagement)?
provides guidance from POTUS and SECDEF
Control mechanism for the transition from peacetime to combat operations
Facilitates planning
