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
What is evidence marked and stored IAW?
AFI 31-115, Law and Order Operations
What is documentary evidence?
Ex: law enforcement reports, canceled checks, medical records, private writings, regularly conducted business activity records, etc.
Most frequently utilized form of evidence
Evidence supplied by a writing or other document must be authenticated before the evidence is admissible
What is Real Evidence?
Physical evidence that played a direct part in the incident in question
Ex: actual knife to stab someone, the clothing or the knife wound itself
What is Testimonial Evidence?
A person’s testimony, evidence elicited from a witness
Ex: Written or verbal witness statement
What is demonstrative evidence?
A depiction or representation of something
Ex: a map, diagram, photograph, model, chart or x-rays
What is Derivative evidence?
Evidence discovered as a result of illegally obtained evidence and is therefore inadmissable
Who is AFI 31-115 restricted to?
SF members only,
You must contact local SF for assistance with this AFI
What is the form used for NJP?
AF Form 3070, Record of Nonjudicial Punishment Proceedings
What are some tasks Paralegals will do regarding NJP Proceedings?
In essence, handle the process start to finish
Review evidence
Draft specifications and punishments
Coordinating appeals
Finalizing the AF Form 3070
maintaining AMJAMS
Where are all cases in Military Justice tracked?
AMJAMS
Automated Military Justice Analysis and Management System
What must paralegals use for every military justice action?
Checklists provided by JAJM.
They are located on FLITEKM
What else besides a proper checklist is essential for maintaining all relevant documents for NJP?
Case file
What are the contents of an NJP case file?
Evidence
G-series orders
Checklist
AF Form 3070 (once produced)
Record of Individual Personnel (RIP)
How many types of RIPs are there?
There are two
an AMJAMS RIP is ordered and used for NJP action
a Records Review Rip (RRR) is used when preparing administrative discharge action
Both are obtained through MPS
Explain proper procedural advice to CCs regarding nonjudicial punishment actions
Mbr must be under their command
Must be appointed on special orders
Punishment depends on rank of CC and rank of mbr
What is AFI 51-202?
Nonjudicial Punishment
What must CCs of HQs, squadrons, sections and detachments have before exercising NJP jurisdiction?
G-series orders
What are the governing directives for NJP?
Article 15, UCMJ
Part V, MCM
AFI 51-202, Nonjudicial Punishment
In a scenario environment verify sufficiency of available evidence for potential military justice actions in accordance with instructions (W/PC)
Verifying Sufficiency of Evidence
Is there enough evidence to support every element?
If no, why not?
Which article and subparagraph could be violated?
If the answer is “no” to question 1, which article and subparagraph could be violated if there were enough evidence?
What happens after providing the CC procedural legal advice for Article 15s?
CC provides legal office w/ all evidence →
Paralegal reviews evidence/makes sufficiency of evidence determination. (Determines which article(s) could be violated using Part IV of MCM)→
Compare evidence to elements of identified article(s) for support →
legal office recommends COA to CC →
If CC chooses to proceed w/ NJP, paralegal creates case file and drafting appropriate specification(s), and opens case in AMJAMS
Legal office makes a recommended COA, but who has the final decision regarding disposition?
the mbrs CC
What is the standard of proof for NJP?
Preponderance of the evidence
Regarding NJP, what is a specification?
A plain, concise, and definite statement of the essential facts outlining the offense charged
What are general guidelines for writing a specification?
Written in second person
No abbreviations
Generic Terms
Include place of incident
Include dollar value
Choose parenthesis or brackets
Mandatory language
Is the text in parenthesis on a specification optional or mandatory?
Optional
If there are groups of brackets enclosing text in parentheses back-to-back, how many brackets must be chosen?
One, and the appropriate term(s) or phrase(s) are selected from the parentheses
Do all ranks use the same 3070 form?
No
AF Forms 3070A-C apply to Airman, NCOs and SNCOs respectively.
How do you know which 3070 to use?
It is based on the grade of the member when NJP is initiated.
Explain proper procedures in preparing an AF Form 3070 from offer to acceptance (PC/W)
Offered by CC→
Member has three duty days to: Accept Article 15 or Demand trial by court-martial
Member has the right to consult ADC free of charge or consult civilian counsel at their own expense →
Accepting NJP is a choice of forum, not an admission of guilt
If the member demands trial by court-martial, NJP actions stops and commander will consult legal
CC is required to inform mbr that the AF may recoup money for TA, special pay or bonuses if member is later discharged for misconduct when offering NJP
Within how long should the CC offer NJP of the date of discovery of offense?
21 calendar days
When is the discovery date?
The date when an investigative agency, such as OSI, SFOI, IG, etc, the legal office, CC, supervisor, or first sergeant become aware of an allegation. A subject has been ID’d, including when civ authorities make notification
Who make an appointment for the member to consult the ADC and lists it on the AF Form 3070 when offering NJP?
The CC
Who informs the member of their right to seek civilian counsel when offering NJP?
The members CC
What must happen if the member demands trial by court-martial?
The CC must stop NJP proceedings and seek legal advice.
If the member elects NJP, describe the process from there
Mbr has a right to make a personal appearance or submit written presentation to imposing CC. (referred to as matters in defense, extenuation, or mitigation).
In a scenario environment prepare punishment indorsements for Nonjudicial punishment actions in accordance with instructions (PC/W)
Verify the CC rank versus mbrs rank for what punishments can be imposed →
Ensure no limitations on combining punishments are reached per Part V MCM →
Ensure proper language for suspension(s) and other actions are added as needed →
Put punishments in AMJAMS, it is generated on Page 2 of 3070 and provide back to CC →
CC imposes punishment and informs mbr of right appeal w/in five calendar days and can submit written matters
When must written matters be submitted in regards to appealing NJP?
At the same time the member makes an appeal decision
What must the member be informed of regarding failure to respond w/in 5 calendar days?
It constitutes a waiver of their right to appeal
Can a CC allow for additional time for a member to submit their appeal response?
Yes, for a good cause and upon written application from the member.
Written request must be received w/in the 5 calendar day period.
What happens if a mbr refuses to acknowledge the punishment and their right to appeal?
CC annotates “member refused to acknowledge receipt of punishment and right to appeal” in item 5 on the AF Form 3070
Determine step-by-step procedures for processing appeals of NJP (PC/W)
If the mbr elects to appeal, it can be with or w/o written matters →
Appeals are submitted to the CC who imposed NJP →
Appeal is reviewed by the imposing CC.
The CC reviews written matters and considers everything and consults with the SJA
Can the member withdraw their appeal?
Yes, but only if the CC has no acted on their request
If the member elects not to appeal what happens?
The member annotates their choice on the AF Form 3070 in item 6a
the NJP process skips items 7 and 8 and continues w/ item 9
The imposing CC makes a UIF decision
Mbr acknowledges the CCs decision regarding a UIF
what are the appeal options for the imposing CC?
Grant in whole, Grant in Part or Deny the appeal
If the CC chooses to grant in whole the members appeal, what happens?
Imposing CC would initial block 7 of AF Form 3070 and legal office would create a continuation in block 14 w/ appropriate appeal language
What happens if the CC grants appeal in part?
The mbrs CC would initial in the appropriate block in item 7 of the AF Form 3070 and the legal office generates the appropriate appeal language in block 14
What happens if the members appeal is not granted in full?
Before forwarding to the appellate authority, imposing CC must
outline if the mbr has already served any portion of the punishment,
compiles all written materials that were considered and summary of any other info→.
The package must be forwarded to the legal office for legal review→
The legal office sends entire package to appellate authority
What happens if the imposing CC decides to deny the appeal?
CC initials appropriate block in item 7, forwards entire package to the SJA for legal review →
Legal office sends to appellate authority for their consideration
No additional language is required in item 14 for a denial
Is any additional language required in item 14 for a denial of an NJP appeal?
No
What are the appellate authorities options when considering an appeal?
Grant in whole, grant in part or deny
What can the appellate authority take action on?
Any request not already having been acted on
Where is the appellate authorities decision annotated?
Item 8 on the AF Form 3070
Any relief granted is annotated w/ appropriate language in item 14 as a continuation of item 8
What happens after the appellate authority makes a decision?
Package is returned to imposing CC →
CC makes UIF decision →
CC will inform mbr of appeal and UIF decision
What is remission in regards to NJP?
The cancellation of any unexecuted punishment
What is mitigation in regards to NJP?
A reduction in either the quality or quantity of punishment
What is suspension in regards to NJP?
Postponement of a punishment for a specific period
Suspension cannot be longer than 6 months
What is a set aside in regards to an NJP?
The removal, in whole or in part, of an executed or unexecuted punishment
Any rights privileges, pay etc that were affected are restored to the member.
Explain procedures for using AF Form 1373 to disseminate a NJP record w/ forfeitures and/or reduction in grade (W)
Once 3070 is complete two copies go to CPTS (if applicable) and one for MPF.
Hand carried to each agency and the AF Form 1373 is used for accountability of documents.
Individual annotates their name, signature and/or initials, and date for when they receive the 3070
The legal office maintains the original 1373
How are new 1373’s labeled?
The log number is the current fiscal yea, combined with the following sequential number in the file.
Ex: If the previous log was 21-4 the next would be 21-5
What do you do with all the NJP documents in the end?
The final, original 3070 and RIP are sent to the GCM legal office (usually the NAF).
For officers: The original and two complete copies are sent
For Enlisted: Original and one copy
A complete copy of the NJP case file is maintained at the legal office
What does the NAF do with the NJP files they receive?
Conducts a legal sufficiency review on the NJP and review AMJAMS for accuracy
NAFs commonly request a copy of the checklist to verify it was maintained correctly.
What’s the goal metric from discovery of offense to offer of NJP?
Within 21 days
What’s the goal metric from Offer of NJP to completion?
18 days
The metric ends with the date of the SJA signature on item 11
State when an AF Form 3070 must be distributed for criminal indexing (W)
- Fingerprints & criminal history data will be submitted when:
- A qualifying offense was committed
- All offenses under the UCMJ EXCEPT “non-serious offenses”
- Drunkenness
- Vagrancy
- Disturbing the piece
- Curfew violation, etc
- There is probable cause
- All offenses under the UCMJ EXCEPT “non-serious offenses”
- Final disposition of qualifying offenses
- Most commonly applied is NJP received for
- Substance Abuse:
- Use
- Possession
- Distribution
- Introduction
- Manufacture
- Substance Abuse:
- Most commonly applied is NJP received for
Outline procedures for distributing required documents for criminal indexing IAW the gun control act (W)
State the purpose of a “remission” with regard to Nonjudicial punishment actions (W)
State the purpose of a mitigation with regards to NJP actions (W)
State the purpose of “suspension” with regards to NJP (W)
Explain how a “set aside” action impacts a NJP action (W)
Explain the impact of “vacation” in a NJP actions
List common bases for enlisted administrative separations. (W)
State the possible service characterizations for enlisted administrative separations. (W)
Outline the processing procedures for notification discharge cases. (W)
State the goals for timely processing of notification discharge cases. (W)
State when a legal review of an administrative separation is required. (W)
Outline items addressed in a legal review of an administrative separation action. (W)
Identify factors that provide an entitlement to an administrative discharge board. (W)
State the roles and responsibilities of the administrative discharge board personnel. (W)
