Block VI - Quality Force Management (QFM) First Half Flashcards

Question

*State basic facts about the Control Roster (W)*

Answer 1

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

Answer 2

Affects assignments Formal training, upgrade training TA, Promotion testing, promotions

Answer 3

Yes. Enlisted - removed by their CC Officers - removed by the Wg/CC or issuing authority, whichever is higher

Answer 4

PT failures Failure to meet responsibilities Termination of student status (failing ALS, NCOA, etc) Failure to obtain skill level

Answer 5

E-1 - E-7: Gp/CC E-8 & E-9: MAJCOM, FOA, or DRU CC

Answer 6

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

Answer 7

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 →

Answer 8

Both the state and AD retain authority

Answer 9

AF has sole authority

Answer 10

AF is tenant; limited authority

Answer 11

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.

Answer 12

Friendly nation has jurisdiction to punish offenses committed by mbrs of a visiting force w/in it's borders

Answer 13

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

Answer 14

The statute of limitations for the offense has expired The individual prosecuted in a civ court for same offense [unless approved by SECAF]

Answer 15

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

Answer 16

Appointment to and Assumption of Command

Answer 17

AF Form 35, *Announcement of Appointment to/Assumption of Command* Think the POTUS must be **35** to be the **Command**er in Chief

Answer 18

AFI 51-509

Answer 19

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

Answer 20

Can be issued by members CC, and mil judges. Cannot be delegated. There must be probable cause AF Form 1176 is used for authorization

Answer 21

Any commissioned officer, warrant officer, petty officer or NCO, criminal investigators, SFS, MPs.

Answer 22

Probable cause required Competent authority must grant authority **except** Probable cause not required for: Abandoned property Lawful consent Government property Plain view

Answer 23

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

Answer 24

**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 5^th 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

Answer 25

When a person confesses to committing a crime, they are acknowledging guilt.

Answer 26

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.

Answer 27

AF Form 52, *Evidence Tag* *used to describe and record all collected evidence*

Answer 28

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

Answer 29

AFI 31-115, *Law and Order Operations*

Answer 30

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

Answer 31

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

Answer 32

A person's testimony, evidence elicited from a witness Ex: Written or verbal witness statement

Answer 33

A depiction or representation of something Ex: a map, diagram, photograph, model, chart or x-rays

Answer 34

Evidence discovered as a result of illegally obtained evidence and is therefore inadmissable

Answer 35

SF members only, You must contact local SF for assistance with this AFI

Answer 36

AF Form 3070, *Record of Nonjudicial Punishment Proceedings*

Answer 37

In essence, handle the process start to finish Review evidence Draft specifications and punishments Coordinating appeals Finalizing the AF Form 3070 maintaining AMJAMS

Answer 38

AMJAMS Automated Military Justice Analysis and Management System

Answer 39

Checklists provided by JAJM. They are located on FLITEKM

Answer 40

Evidence G-series orders Checklist AF Form 3070 (once produced) Record of Individual Personnel (RIP)

Answer 41

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

Answer 42

Mbr must be under their command Must be appointed on special orders Punishment depends on rank of CC and rank of mbr

Answer 43

*Nonjudicial Punishment*

Answer 44

G-series orders

Answer 45

Article 15, UCMJ Part V, MCM AFI 51-202, *Nonjudicial Punishment*

Answer 46

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?

Answer 47

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

Answer 48

the mbrs CC

Answer 49

Preponderance of the evidence

Answer 50

A plain, concise, and definite statement of the essential facts outlining the offense charged

Answer 51

Written in second person No abbreviations Generic Terms Include place of incident Include dollar value Choose parenthesis or brackets Mandatory language

Answer 52

One, and the appropriate term(s) or phrase(s) are selected from the parentheses

Answer 53

No AF Forms 3070A-C apply to Airman, NCOs and SNCOs respectively.

Answer 54

It is based on the grade of the member when NJP is initiated.

Answer 55

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

Answer 56

21 calendar days

Answer 57

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

Answer 58

The members CC

Answer 59

The CC must stop NJP proceedings and seek legal advice.

Answer 60

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).

Answer 61

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

Answer 62

At the same time the member makes an appeal decision

Answer 63

It constitutes a waiver of their right to appeal

Answer 64

Yes, for a good cause and upon written application from the member. Written request must be received w/in the 5 calendar day period.

Answer 65

CC annotates “member refused to acknowledge receipt of punishment and right to appeal” in item 5 on the AF Form 3070

Answer 66

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

Answer 67

Yes, but only if the CC has no acted on their request

Answer 68

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

Answer 69

Grant in whole, Grant in Part or Deny the appeal

Answer 70

Imposing CC would initial block 7 of AF Form 3070 and legal office would create a continuation in block 14 w/ appropriate appeal language

Answer 71

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

Answer 72

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

Answer 73

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**

Answer 74

Grant in whole, grant in part or deny

Answer 75

Any request not already having been acted on

Answer 76

Item 8 on the AF Form 3070 Any relief granted is annotated w/ appropriate language in item 14 as a continuation of item 8

Answer 77

Package is returned to imposing CC → CC makes UIF decision → CC will inform mbr of appeal and UIF decision

Answer 78

The cancellation of any unexecuted punishment

Answer 79

A reduction in either the quality or quantity of punishment

Answer 80

Postponement of a punishment for a specific period Suspension cannot be longer than 6 months

Answer 81

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.

Answer 82

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

Answer 83

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

Answer 84

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

Answer 85

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.

Answer 86

Within 21 days

Answer 87

18 days The metric ends with the date of the SJA signature on item 11

Answer 88

* 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 * Final disposition of qualifying offenses * Most commonly applied is NJP received for * Substance Abuse: * Use * Possession * Distribution * Introduction * Manufacture