Block VI - Quality Force Management (QFM) Second Half Flashcards
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 is the process 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
Final disposition of qualifying offenses
Most commonly applied is NJP received for
Substance Abuse:
Use
Possession
Distribution
Introduction
Manufacture
What documents are sent to AFOSI and SFOI for criminal indexing?
AF Forms 3070, NJP
AF Forms 366, Record of Proceedings of Vacation of Suspended NJP
AF Forms 3212, Record of Supplementary Action under Article 15, UCMJ
Outline procedures for distributing required documents for criminal indexing IAW the gun control act (W)
Copies of AF Forms 3070, 366, and 3212 are sent to AFOSI and SFOI.
AFOSI and SFOI will submit offender criminal history record data and fingerprints to the FBI.`
What are the AF Forms 366 and 3212 used for?
Process supplementary actions generated through AMJAMS
How long must a supplementary request from a member be submitted after the punishment date?
Within four months
Who may act on a supplemental action?
May be acted on by imposing CC or succeeding CC
Can a CC take supplementary action independently without a request from the member?
Yes, but they must consult with the legal office before taking action
How many types of supplementary actions are there?
5.
Remission, mitigation, suspension, set aside and vacation action
What is a supplemental action prepared on?
AF Form 3212 or AF Form 366
What is the AF Form 366 used for?
Vacation Actions
Can a Captain in charge of CPTS re-instate a stripe to a previously TSgt?
No, they do not have the authority (if they don’t have the authority to take, they also cannot give)
State the purpose of a “remission” with regard to Nonjudicial punishment actions (W)
Canceling any unexecuted punishment, in whole or in part
Ex: a hard-bust cannot be remitted. However a suspension can be remitted
What transmittal log is used for a 3212?
AF Form 1373.
The same as the Article 15
State the purpose of a mitigation with regards to NJP actions (W)
Reduction in either quantity or the quality of a punishment with general nature remaining the same.
Regarding mitigation, what portion of punishments can be mitigated?
Except for reduction in grade, only the unexecuted portion of punishment can be mitigated.
Reduction in grade can be mitigated to forfeitures.
When doing a mitigation on a hard-bust, what is the new DOR and effective date?
Members new DOR and effective date is the date of the indorsement for the mitigation. This is for purposes of pay- the person will not get back paid.
State the purpose of “suspension” with regards to NJP (W)
The postponement of applying all or part of an executed or unexecuted punishment for a specific amount of time
When a suspension supplementary action occurs, what is the members DOR and effective date?
member gets their original DOR back, but the effective date is the date of the indorsement for the suspension. This is for purposes of pay- the person will not get back paid.
Explain how a “set aside” action impacts a NJP action (W)
The removal of the NJP itself or the punishment, either as a whole, part, or amount, whether executed or unexecuted.
The punishment set aside effectively did not exist, and any rights, privileges, and/or benefits are restored to the member
What supplemental action is the only one used to remove an illegal punishment or NJP?
A set aside
Explain the impact of “vacation” in a NJP actions
Puts into effect any suspended punishments from an Article 15
How many days does a member have to ,make their elections to a vacation action?
3 duty days
What are the members options when choosing elections to a Vacation Action?
Has / has not consulted a lawyer
Has / has not attached a written presentation
Does / does not request a personal appearance w/ CC
Can the member deny or appeal a vacation action?
The mbr cannot deny (choose court-martial) or appeal a vacation action
If a member gets a rank reduction due to a Vacation Action, what is the new DOR and the effective date?
The new DOR is the date of the original NJP.
The effective date is the date of the CC indorsement on the vacation action
What is AFI 36-3208
Administrative Separation of Airmen
Governs enlisted administrative separations
What are the two types of separation?
Voluntary and involuntary
What does a voluntary separation consist of?
A written request by mbr.
Must be approved by separation authority (usually Wg/CC)
What chapter in AFI 36-3208 contains detailed info about vol separation before ETS and the process?
Chapter 3
What Chapter in 36-3208 is the governing directive for invol separations?
Chapter 5
List common bases for enlisted administrative separations. (W)
Voluntary: going to OTS, further education, medical ed, elimination from OTS, AF non-fulfillment of enlistment or reenlistment agreement, sole surviving son or daughter, early release from extension, accepting public office, misc reasons, CO, pregnancy or childbirth, early release for Christmas, Medal of Honor, Dependency or hardship
Involuntary: invol convenience of the gov, includes cond that interfere w/ mil service. Defective enlistment, entry-level performance or conduct, Unsat performance, substance abuse treatment failure, civ conviction, drug abuse, national sec interest
Does the legal office usually get involved in voluntary separations?
No
Who should a mbr be referred to if they ask for assistance w/ voluntary separation?
MPS
State the possible service characterizations for enlisted administrative separations. (W)
Honorable: When an Airman’s service has met AF standards of conduct and duty performance. Service has been highly meritorious
Under Honorable Conditions (General): When an Airman’s service has been honest & faithful, but significant negative aspects of conduct or duty performance outweigh the positive
Under Other Than Honorable Conditions (UOTHC) When an Airman’s behavior displays a significant departure from conduct expected of Airmen
Before a mbr can be discharged with a UOTHC service characterization, what must happen?
They must be allowed to present their case at an admin discharge board hearing
What is the purpose of Enlisted Administrative Separations?
Help achieve authorized force levels, maintains a quality force
Serve as means to separate Airmen in orderly fashion
Who has the sole responsibility for initiating an invol separation for an enlisted member?
The members CC
Who should a mbrs CC consult w/ concerning appropriateness of invol sep?
MPS and legal office
After a mbr is ID’d f/ invol sep, what items must the CC accomplish before initiating the invol sep?
an EPR may be req.
Mbr must be scheduled f/ medical examination
CC must make appt f/ mbr to see ADC
Regardless of which discharge process is taken, what is the mbr referred to as?
The respondent
How many processes are used to discharge a member?
Two.
Notification Process
Board Hearing Process
What must the commander consider regarding determining a course of action?
Seriousness of circumstances
Impact of retention on morale and discipline
Whether the circumstances that lead to the discharge recommendation are likely to recur
What rehabilitative efforts the unit has used
Outline the processing procedures for notification discharge cases. (W)
If CC chooses to initiate sep act after consulting w/ legal and MPF →
Ensure EPR c/w if req’d, schedule medical and ADC appt →
Notification memo created (puts mbr on notice). Contains date/time for med and ADC appt →
CC retrieves receipt that mbr received notice. Mbr has 3 duty days to respond →
CC gets response. Prepares and signs a recommendation letter addressed to sep auth (usually Wg/CC).
What is in the recommendation letter sent by the mbrs CC to the separation authority?
Basis for discharge, citing appropriate AFI 36-3208 para
Recommendation for characterization of service
Basic info from the respondent’s mil record
Rehabilitative efforts that have been used
Recommendation for or against probation and rehabilitation (P&R)
With Probation and Rehabilitation (P&R), how long can the admin sep be suspended for?
No less than six months, and no more than one year.
Discharge is either canceled on the suspension date or vacated (executed)
What does the separation authority do once they receive the documents from the respondent’s CC?
Receives the case file
Requests a legal review from servicing legal office
Reviews case file and determines whether to discharge or retain
Member is notified of the decision
State the goals for timely processing of notification discharge cases. (W)
Average time to process notification separation actions is 15 duty days.
Overseas locations, this timeline varies slightly.
State when a legal review of an administrative separation is required. (W)
For all involuntary administrative separations, except f/ entry-level performance or conduct
What are the contents of the Legal Review for notification and board discharge cases?
Contents
Introduction paragraph
Fact paragraph
Summary of respondent’s response
Errors and irregularities
Law and analysis
Separation authority’s options
Legal office’s recommendation
When is the legal review done for notification discharge cases?
Legal review is completed after the commander’s recommendation letter and before the separation authority takes action
When is the legal review done for discharge board cases?
Legal review is completed after the board makes a recommendation and before the separation authority takes action
Outline items addressed in a legal review of an administrative separation action. (W)
Synopsis of respondent’s mil record
Summary of respondent’s response
Basis and propriety of discharge
Possible discharge characterization
Probation & Rehabilitation
Errors and irregularities
Separation authority’s options
Legal office’s recommendation
Identify factors that provide an entitlement to an administrative discharge board. (W)
Must meet one of the following:
6+ years of TAFMS (includes DEP)
Is an NCO
Is a commissioned or warrant officer in AF reserves
Is recommended for discharge in interest of nat. sec.
Is recommended to recieve a UOTHC characterization of service
In the board hearing process, how long does the respondent (member being discharged) have to respond?
seven duty days
What happens if the respondent chooses to go to a board hearing, what happens next?
The SPCMCA will convene a board
If the respondent does not want to have their case heard by a board?
The mbr submits a waiver, w/ a response if they desire, and the remainder of the process plays out the same as the notification process.
State the roles and responsibilities of the administrative discharge board personnel. (W)
Non-voting members: Legal advisor (JAG) & recorder (must be a JAG)
Voting members: Equivalent to a jury
Must have at least three mbrs; one must be a field grade officer
Mbr can request enlisted mbrs; must comprise at least ⅓ of voting mbrs
What members if the discharge board composed of?
Legal advisor (non-voting mbr)
Panel (voting mbr)
Recorder (non-voting mbr)
Respondent (non-voting mbr)
Respondent’s counsel (non-voting mbr)
What are the duties of the legal advisor (acts as the judge)?
Consulting as needed w/ recorder and respondent’s counsel at any time before or after convening of board to prepare f/ hearing.
Instructing board on functions, duties and procedures in open session only
Advising board at any and all stages
Making final ruling on the admissibility of evidence & procedural matters
Authenticating the record of board proceedings
What are the roles/responsibilities of the recorder?
Asst the president of the board and legal advisor as req
Reviewing case file as soon as received
Arranging for respondent and counsel to review all docs submitted to evidence
Provide respond and counsel w/ names, addresses and statements of all witnesses
Interviewing prospective witnesses and ensuring their presence at hearing
Taking affidavits from those not avail f/ hearing
Giving respondent and their counsel notice of time and place of hearing, including notice that failure to appear is a waiver of their right to be present at hearing
What is the standard of proof at a discharge board?
Preponderance of the Evidence
During a discharge board, who does the panel’s recommendation go to?
The separation authority (SPCMCA)
What happens once the board concludes?
The record of board proceedings is compiled.
includes docs such as CC recommendation, notification memo, convening orders, amending orders, transcript, CA action, and exhibits.
What part of the discharge board transcript of the proceedings must be verbatim?
the boards findings and recommendation
Who authenticates the board proceedings?
Legal advisor.
If legal advisor is unavail, then the president of the board or recorder may authenticate the record instead.
Original record is sent to the CA for action.
After the convening authority has completed their action, what happens?
One copy of the record goes to respondent, and three copies of the record go to MPS to execute discharge
