Block VI - Quality Force Management (QFM) First Half Flashcards
What is the purpose of the Rules for Courts-Martial (RCM)?
Govern procedures and punishments in all court-martial. To ensure simplicity and fairness in each scenario and eliminate unjustifiable expenses and delays
What is a preamble?
Serves as an introduction to a document by explaining that documents purpose and philosophy
Identify procedures to determine appropriate Military Rules of Evidence (W)
100 - General Provisions
200 - Judicial Notice
300 - Self-incrimination, Search and Seizure, Eyewitness Identification
400 - Relevancy and it’s limits
500 - Privileges
600 - Witness inputs
700 - Opinions and Expert testimony
800 - Hearsay
900 - Authentication and Identification
1000 - Contents of Writing
How many articles and subchapters are there in the UCMJ?
146 articles
12 subchapters
How many Appendices are there in the MCM and what do they do?
There are 22 Appendices in the MCM
Serve as sources and supplemental information to assist with military justice actions.
What is the UCMJ based on?
The US Constitution and takes it roots from the Articles of War
What are articles 1 - 76?
Administrative articles
Discusses the administration and process of NJP and Courts-Martial (CM)
What are articles 77-134?
Punitive Articles
Contain all punitive articles which are used to charge offenses under UCMJ
What are articles 135-140a?
Miscellaneous articles
Out line how to administer other aspects of the law
What are articles 141-146?
Court of Appeals for the Armed Forces
Administration and guidance for the armed forces appellate court
The UCMJ is fundamental military law and applies to who?
All branches of the armed forces
Punitive means what?
Punishment
Identify basic facts about preliminary inquiries into reported offenses (W)
Purpose: to collect facts and evidence about alleged offense
CC has responsibility to ensure preliminary inquiry is c/w
Can be conducted by CC, civ authorities or mil invest agencies
CC’s consult with legal office and consider nature of incident and record of individual. Use progressive discipline
In a scenario environment conduct a review of a completed Letter of Counseling, Letter of Admonishment, and Letter of Reprimand in accordance with instructions (PC/W)
What needs to be in an LOC/A/R?
What the member did or failed to do, citing specific incidents and their dates
What improvement is expected
Further deviation may result in more severe action
The individual will be allocated three duty days to submit a rebuttal for consideration by the initiator
All suppt docs received from the individual will become part of record
The initiator has three duty days to advise of final decision after consideration of comments submitted.
Privacy act of 1974
List the least to most severe counseling types
Letter of Counseling
Letter of Admonishment
Letter of Reprimand
What is the Record of Individual Counseling for?
Show counseling for good and bad things
List mandatory entries in a UIF (W)
Enlisted:
Article 15 if any punishment is 30+ days
Court-martial conviction
Civ court conviction
control roster
ADAPT failure
Officer:
Any art 15
CM conviction
Civ court conviction
Control roster
LOR
ADAPT Failure
List optional entries in a UIF (W)
Enlisted:
LOC, LOA, LOR, Art 15 w/ less than 30 days punishment
Officer:
LOC, LOA
Describe the UIF life-cycle from establishment through disposition (W)
CC uses AF Form 1058 to notify mbr of intent to est UIF
Mbr has 3 duty days to respond
UIF created as a result of Art 15 - mbr cannot respond
Disposition date of UIF is based on the disposition date of the most recent document added
LOC/A/R: 1 yr f/ Enl, 2 yrs f/ Officer
Art 15: 2 yrs f/ Enl, 4 yrs f/ Officer
What form is used to establish a UIF?
AF Form 1058
State step-by-step procedures for conducting annual UIF legal review (W)
Unit CCs & SJAs review annually
Obtain UIF listing from MPF
Compare the list on the AF Form 1137 to actual documents in the UIF.
Review is documented via memorandum or checklist with any or no discrepancies and
routed to SJA for signature
What is AF Form 1137?
Unfavorable Information File (UIF) Summary
What is AFI 36-2907
Adverse Administrative Actions
How often do Unit CCs, senior AF officers, or CCs of an AF element in a joint command have to review all UIFs once they have assumed permanent appointment to command?
Within the first 90 days and every year after.
State basic facts about the Control Roster (W)
Used by CC’s to observe substandard performance/conduct
Rehabilitative tool
Uses AF Form 1058 to establish control Roster and notify mbr of CC intent
Only CCs on G-series orders can place mbr on control roster
When placed on roster, it creates mandatory UIF entry
Select personnel programs/actions impacted by being placed on the Control Roster (W)
Affects assignments
Formal training, upgrade training
TA, Promotion testing, promotions
Can members be removed early from a control roster?
Yes.
Enlisted - removed by their CC
Officers - removed by the Wg/CC or issuing authority, whichever is higher
Identify common basis’ for enlisted demotions (W)
PT failures
Failure to meet responsibilities
Termination of student status (failing ALS, NCOA, etc)
Failure to obtain skill level
Identify the appropriate demotion authority (W)
E-1 - E-7: Gp/CC
E-8 & E-9: MAJCOM, FOA, or DRU CC
What is the demotion process?
CC coord’s w/ legal office for review of case file (appropriate action, legal sufficiency) →
CC will sign the notification memo & provide it to mbr to inform them of intent →
CC advises mbr of right to seek counsel →
Mbr has three duty days to respond →
If mbr submits matters, CC will consider them →
If demotion continues, CC notifies mbr, summarizes their matters, and sends to MPS →
MPS forwards case to demotion authority →
Demote auth requests legal review, agree or disagree w/ CCs recommendation, and forward case to MPS after making decision →
MPS receives the case file and continues processing →
Mbr can appeal decision through demotion authority
Outline the _appeal_ process for enlisted _demotion_ actions (W)
MPS forwards case to demotion authority for review →
Demotion Authority can reverse their previous decision, restore mbrs grade, or forward case to appellate authority →
Appellate authority is next higher CC (usually installation CC), and their decision is final
If appellate authority approves appeal: MPS restores mbrs grade and revoke demotion orders →
Define concurrent Jurisdiction (W)
Both the state and AD retain authority
Define exclusive jurisdiction (W)
AF has sole authority
Define proprietary jurisdiction (W)
AF is tenant; limited authority
Define reciprocal jurisdiction (W)
Each armed force has jurisdiction over all persons subject to the UCMJ
a CC of a unified or specified combatant command may convene a C-M over mbrs of any armed forces.
The Convening authority must have command of a unified or specified command, or a CC of a subordinate joint command or joint task force.
Define foreign jurisdiction (W)
Friendly nation has jurisdiction to punish offenses committed by mbrs of a visiting force w/in it’s borders
Identify basic facts regarding jurisdiction over ANG and AFRES personnel (W)
Art 2 UCMJ outlines applicability regarding jurisdiction.
AF exercises jurisdiction applies to AFRES mbrs on Title 10 or IDT. ANG mbrs serving in Title 10 or receiving retirement pay for AD or AFRES component service
When will the AD not prosecute?
The statute of limitations for the offense has expired
The individual prosecuted in a civ court for same offense [unless approved by SECAF]
Outline the requirements and procedures for appointment to and assumption of command (W)
An officer can command other officers of the same grade and lower, but not those of higher rank.
Appointment can be temporary or permanent
Officer must be assigned to org, present for duty, eligible to command, and senior in grade or equal to all other officers.
Appointing authority selects the officer for command
What is AFI 51-509
Appointment to and Assumption of Command
Recall the form used for appointment to and assumption of command (W)
AF Form 35, Announcement of Appointment to/Assumption of Command
Think the POTUS must be 35 to be the Commander in Chief
Where is the detailed checklist for G-Series located?
AFI 51-509
State basic facts about a legal review of G-Series orders (W)
Confirm proper rank structure and eligibility to command using Unit Manning Document (UMD)/ALPHA Roster
Confirm appointing authority has been delegated proper authority
Assist the unit in completing G-series orders
Legal review is complete via blocks 16-18 on AF Form 35
Identify basic facts regarding what constitutes a search (W)
Can be issued by members CC, and mil judges. Cannot be delegated.
There must be probable cause
AF Form 1176 is used for authorization
Who can seize property?
Any commissioned officer, warrant officer, petty officer or NCO, criminal investigators, SFS, MPs.
describe the search and seizure process (W)
Probable cause required
Competent authority must grant authority
except
Probable cause not required for:
Abandoned property
Lawful consent
Government property
Plain view
Define apprehension and authority to apprehend within the military (W)
Apprehension is the act of taking a mil mbr into custody
Requires probable cause for:
committing a crime or currently committing a crime and the person to be apprehended committed it or is committing it
Mil law enforcement, NCOs, petty officers, Commissioned & warrant officers, and civilians authorized to apprehend deserters.
**NCOs and petty officers only apprehend a commissioned officer if directed to be another commissioned officer, to prevent a disgrace, or prevent the escape of one who has committed a serious offense
Recognize basic facts regarding a military members rights under Art 31, UCMJ (W)
Rights advisement (warning) is required when a member subject to the UCMJ
A member cannot be interrogated or asked to make a statement without first being advised of specific rights under the UCMJ
Nature of the suspected offense [MRE 305(c)(1)(A)]
Right to remain silent [MRE 305(c)(1)(B)]
Statements made may be used against the member as evidence [MRE 305(c)(1)(C)]
A member cannot be interrogated or asked to make a statement without first being advised of specific rights under the 5th Amendment
Right to consult with counsel [MRE 305(2)]
Right to have counsel present at the time of interrogation [MRE 305(d)]
How to advise a member of their rights
Rights advisement card (AFVA 31-231)
Does not have to be verbatim
Suspect (member) must understand and acknowledge their rights
State basic facts about “confessions” by a military member (W)
When a person confesses to committing a crime, they are acknowledging guilt.
Describe procedural rules regarding collecting, preserving, and disposing of evidence (W)
Must have a chain of custody to prevent appearance of planted, false, or tampered evidence.
AF Form 52, Evidence Tag, is used to describe and record all collected evidence.
Evidence should be photographed before removal from scene if applicable.
All personal handling/transporting the evidence must account for it via the AF Form 52.
Evidence is stored in secured lockers or rooms.
What is the form used for Evidence?
AF Form 52, Evidence Tag
used to describe and record all collected evidence
Who must use the AF Form 52, Evidence Tag?
All personnel handling or transporting the evidence must account for it using the chain of custody receipt on the back of the AF Form 52