Chapter 6 Flashcards by Jean Candanedo

The Department of Defense defines it as, “that part of international law that regulates the conduct of armed hostilities”. (6.2.)

the Law of Armed Conflict (LOAC)

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The Law of Armed Conflict arises from (6.2.)

civilized nations’ humanitarian desire to lessen the effects of conflicts

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The Law of Armed Conflict (LOAC) arises from civilized nations’ humanitarian desire to lessen the effects of conflicts. The LOAC (6.2.)

-protects combatants and noncombatants from unnecessary suffering-safeguards the basic rights of all civilians, prisoners of war, the wounded, and the sick-tries to keep conflicts from degenerating into savagery and brutality, thereby helping to restore peace

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DoDD 2311.01E, DoD Law of War Program, requires each military department to (6.3.)

-design a program that ensures Law of Armed Conflict (LOAC) observance and prevents and reports LOAC violations-trains all forces in the Law of Armed Conflict (LOAC)-completes a legal review of new weapons

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Law of Armed Conflict (LOAC) training is a treaty obligation of the United States under the provisions of (6.3.)

the 1949 Geneva Conventions

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Article VI of the U.S. Constitution states that treaty obligations of the United States are the “supreme law of the land” and the U.S. Supreme Court has held that U.S. international legal obligations is part of U.S. law. This means that treaties and international agreements with the United States enjoy ______ status to laws passed by Congress and signed by the President. (6.4.)

equal

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Who is legally required to observe the United States’ Law of Armed Conflict obligations? (6.4.)

-military personnel-all persons subject to U.S. law-civilians and contractors authorized to accompany the armed forces in combat

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All persons subject to U.S. law must observe the United States’ Law of Armed Conflict (LOAC) obligations. Those who violate LOAC are sometimes held criminally liable for war crimes and court-martialed under the (6.4.)

Uniform Code of Military Justice (UCMJ)

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Which of these is NOT one of the five important principles of the Law of Armed Conflict (LOAC)? (6.5.)

law

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Five important Law of Armed Conflict (LOAC) principles govern armed conflict: military necessity, distinction, proportionality, humanity, and chivalry. Which principle permits the application of only that degree of regulated force required for the partial or complete submission of the enemy with the least expenditure of life, time, and physical resources? (6.5.1.1.)

military necessity

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Five important principles govern the Law of Armed Conflict: military necessity, distinction, proportionality, humanity, and chivalry. Which principle imposes a requirement to distinguish or discriminate between military objectives and civilian objects? (6.5.2.)

distinction

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Under the Law of Armed Conflict, civilian objects protected from attack include (6.5.2.1.1.)

-places of worship -schools and hospitals-dwellings

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Under the Law of Armed Conflict, civilian objects such as places of worship, schools, hospitals, and dwellings are protected from attack. But these objects may lose their protected status if (6.5.2.1.2.)

they are used to make an effective contribution to military action

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Which of the five principles of the Law of Armed Conflict requires that “Those who plan military operations must take into consideration the extent of civilian destruction and probable casualties that will result and seek to avoid or minimize such casualties and destruction to the extent consistent with the necessities of the military situation.” (6.5.3.1.)

proportionality

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The LOAC principle of proportionality requires that “Those who plan military operations must take into consideration the extent of civilian destruction and probable casualties that will result and seek to avoid or minimize such casualties and destruction to the extent consistent with the necessities of the military situation.” This concept applies to (6.5.3.2.)

civilian casualties and property destruction

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Also referred to as the principle of unnecessary suffering, this LOAC principle prohibits the employment of any kind or degree of force not necessary for the purposes of war, i.e., for the partial or complete submission of the enemy with the least possible expenditure of life, time, and physical resources. Example: the use of poison or hollow-point bullets. (6.5.4.)

humanity

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Five principles govern the Law of Armed Conflict: military necessity, distinction, proportionality, humanity, and chivalry. Which principle demands a certain amount of fairness, mutual respect, and trust between opposing forces? (6.5.5.)

chivalry

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This principle of the Law of Armed Conflict demands a certain amount of fairness, mutual respect, and trust between opposing forces. An example of this is the use of a white flag, or flag of truce. Its display is predicated upon good faith and its misuse constitutes a war crime. (6.5.5.1.)

chivalry

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Some of the most important Law of Armed Conflict (LOAC) rules come from the Geneva Conventions of 1949. The Geneva Conventions consist of four separate international treaties that govern the treatment of wounded and sick forces, POWs, and civilians during war or armed conflict. These treaties (6.6.)

-protect combatants and noncombatants from unnecessary suffering-protect the wounded, sick, shipwrecked, and POWs during hostilities-protect civilians and private property

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The Geneva Conventions distinguish between combatants, noncombatants, and civilians. In general, any person who engages in violent acts on behalf of a state party to an armed conflict is (6.6.1.1.1.)

a combatant

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The Geneva Conventions distinguish between combatants, noncombatants, and civilians. A combatant (6.6.1.1.1.)

-carries arms openly-conducts combat operations according to the Law of Armed Conflict-wears fixed distinctive emblems recognizable at a distance, such as uniforms

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The Geneva Conventions distinguish between combatants, noncombatants, and civilians. Which of these is immune from prosecution for their belligerent acts as long as they have acted in accordance with the laws of war? (6.6.1.1.1.)

a combatant

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The Geneva Conventions distinguish between combatants, noncombatants, and civilians. Which of these are protected persons and include certain military personnel who are members of the Armed Forces not authorized to engage in combatant activities, such as permanent medical personnel and chaplains? (6.6.1.1.2.)

noncombatants

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In accordance with the Geneva Conventions, ___________ are protected persons and may not be made the object of direct attack but may, however, suffer injury or death incident to a direct attack on a military objective without it violating LOAC. (6.6.1.1.3.)

civilians

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Civilians who take a direct part in hostilities without authority to do so are ___________ and become lawful targets. (6.6.1.1.3. and 6.6.1.2.)

unlawful combatants or unprivileged combatants

The Geneva Conventions distinguish between combatants, noncombatants, and civilians but does not use the term, unlawful combatants. The term, "unlawful enemy combatant" is defined in (6.6.1.2.)

DoDD 2310.01E, The Department of Defense Detainee Program

If there is doubt as to whether a captured individual is a lawful combatant, noncombatant, or an unlawful combatant, the individual will __________ until status is determined. (6.6.2.)

receive the protections of the Geneva Prisoner of War Convention

The Law of Armed Conflict (LOAC) governs the conduct of aerial warfare. The principle of __________ authorizes aerial attacks on combatants and other lawful military objectives. (6.7.)

military necessity

The principle of military necessity authorizes aerial attacks on combatants and other lawful military objectives. Military objectives are limited to (6.7.)

-those objects or installations which by their nature, location, purpose, or use make an effective contribution to military action-those objects whose destruction, capture, or neutralization offer a definite military advantage

The Law of Armed Conflict (LOAC) provides specific protection to medical units, transports of wounded and sick personnel, military and civilian hospital ships, safety zones established under the Geneva Conventions, and religious, cultural, and charitable buildings, monuments, and POW camps. However, if these protected objects are used for military purposes, they (6.7.2.)

lose their protected status

Enemy military aircraft may be attacked and destroyed wherever found, unless (6.8.1.)

in neutral airspace or territory

Airmen who parachute from a disabled aircraft and offer no resistance ___________. (6.8.1.)

may not be attacked

An enemy's public and private nonmilitary aircraft are generally not subject to attack unless _____________. (6.8.2.)

-used for a military purpose-it initiates an attack-there is reasonable suspicion of hostile intent

Under the Law of Armed Conflict, military medical aircraft are entitled to protection from attack by enemy combatants but a military medical aircraft can be lawfully attacked and destroyed if (6.8.3.)

-it initiates an attack-it is not clearly marked with a Red Cross or other recognized symbol and is not otherwise known to be engaged in medical operations-it does not fly at heights, at times, and on routes specifically agreed to and is not otherwise known to be engaged in medical operations

Military members who violate the Law of Armed Conflict are subject to criminal prosecution and punishment under the UCMJ or through an international military tribunal. The defense, "I was only following orders" (6.9.1.)

has generally not been accepted by national or international tribunals as a defense in war crime trials

Reprisals are the commission of otherwise illegal acts that, under the circumstances, may be justified as a last resort to put an end to illegal acts committed first by an adversary. Only ____________ may authorize a reprisal. (6.9.2.)

the President of the United States, as Commander in Chief

An Air Force member who knows or receives a report of an apparent LOAC violation must inform his or her commander. ___________ includes guidance for Air Force personnel handling a possible LOAC violation. (6.10.)

AFI 51-401, Training and Reporting to Ensure Compliance with the Law of Armed Conflict

When reporting LOAC violations, if the allegation involves a U.S. commander, the report should be made to _____________. (6.10.)

the next higher U.S. command authority

When reporting LOAC violations, if the allegation involves a U.S. commander, the report should be made to the next higher U.S. command authority. If that's not possible, the report may be made to the (6.10.)

-nearest judge advocate-a special agent in the OSI-a chaplain or a security forces member

__________________ present(s) a more detailed application of LOAC principles tailored to the political and military nature of a mission which are contained in execution orders, operations plans, and operations orders. (6.11.)

Mission-specific Rules of Engagement (ROE)

The fundamental U.S. policy on self-defense is repeatedly stated throughout the U.S. Standing Rules of Engagement (SROE) but several elements must be considered before undertaking the use of force in self-defense: (6.11. and 6.11.1-5)

-necessity and proportionality-hostile act or hostile intent-declared hostile force

The Code of Conduct outlines basic responsibilities and obligations of members of the U.S. Armed Forces. Although developed for ________, the spirit and intent are applicable to service members subject to other hostile detention. (6.12.)

POWs

The articles of the Code of Conduct address situations and decision areas that any member could encounter to some degree. How many articles comprise the Code of Conduct? (6.12.)

six

DoD personnel must have the training necessary to understand and abide by the Code of Conduct. The amount of knowledge and training members require depends on (6.13.)

-how likely they are to be captured-their exposure to sensitive information-how valuable a captor considers them

Training on the Code of Conduct is conducted at three levels: (6.13.)

Level A-Entry Level, Level B-After Assumption of Duty, Level C-Upon Assumption of Duties

Code of Conduct training is conducted at three levels: Level A-Entry Level Training, Level B-Training After Assumption of Duty Eligibility, and Level C-Training Upon Assumption of Duties or Responsibilities. Which level is appropriate for members whose jobs entail a moderate risk of capture? (6.13.2.)

Level B-Training After Assumption of Duty Eligibility

President Dwight D. Eisenhower first published the Code of Conduct for members of the Armed Forces in 1955. In March 1988, President Reagan amended the code with ________. (6.14.)

gender-neutral language

Article I of the Code of Conduct states "I am an American, fighting in the forces which guard my country and our way of life. I am prepared to give my life in their defense." Who does this article apply to? (6.14.1.1.)

all members at all times

Article II of the Code of Conduct states, "I will never surrender of my own free will. If in command, I will never surrender the members of my command while they still have the means to resist." This means: (6.14.2.)

members may surrender only when evasion is impossible and further fighting would lead to their death with no significant loss to the enemy

Which article of the Code of Conduct states, "If I am captured, I will continue to resist by all means available. I will make every effort to escape and aid others to escape. I will accept neither parole nor special favors from the enemy."? (6.14.3.)

Article III

Article IV of the Code of Conduct states, "If I become a prisoner of war, I will keep faith with my fellow prisoners. I will give no information or take part in any action which might be harmful to my comrades. If I am senior, I will take command. If not, I will obey the lawful orders of those appointed over me and will back them up in every way." This means (6.14.4.)

members must accept leadership from those in command and abide by the decision of the senior POW, regardless of military service

Article V of the Code of Conduct states, "When questioned, should I become a prisoner of war, I am required to give name, rank, service number, and date of birth. I will evade answering further questions to the utmost of my ability. I will make no oral or written statements disloyal to my country and its allies or harmful to their cause." This means: (6.14.5.)

-a POW is allowed to fill out a Geneva Conventions capture card and write letters home-the enemy has no right to force a POW to provide any information other than name, rank, service number, and date of birth-a POW is required by the Geneva Conventions, and permitted by the UCMJ, to give name, rank, service number, and date of birth

Article VI of the Code of Conduct states, "I will never forget that I am an American, fighting for freedom, responsible for my actions, and dedicated to the principles which made my country free. I will trust in my God and in the United States of America." This means: (6.14.6.)

-a member of the Armed Forces remains responsible for personal actions at all times-when repatriated, the circumstances of a POW's capture and conduct during detention will be reviewed

Military personnel isolated from U.S. control are still required to do everything in their power to follow DoD and Air Force policy and survive with honor. _______ provides guidance to military members who find themselves isolated during operations other than war or in a situation not specifically addressed by the Code of Conduct. (6.15.1.)

DoDI 1300.21, Code of Conduct (CoC) Training and Education, Enclosure 3

U.S. military personnel detained by unfriendly governments or held hostage by a terrorist group must do everything in their power to survive with honor. In any group captivity situation, military captives must organize, to the fullest extent possible, under the senior military member present. If civilians are part of the group, they should (6.15.3.1.)

be encouraged to participate

U.S. military members held captive should always display proper military bearing and remain calm, courteous, and respectful because (6.15.4.)

-discourteous, unprofessional behavior often results in punishment that serves no useful purpose-it will serve the detainee or hostage better than discourteous, unprofessional behavior-discourteous, unprofessional behavior may jeopardize survival and complicate efforts to gain release of the detainee or hostage

Detainees in the custody of a hostile government must maintain military bearing and avoid aggressive, combative, or illegal behavior that may complicate their situation. They should not act as combatants because (6.15.5.1.)

there is no protection under the Geneva Convention and foreign civil laws apply

Capture by ______________ is generally the least predictable and structured form of operations, other than war captivity. (6.15.6.1.)

terrorists

A terrorist hostage situation is more volatile than a government detention, so members must take steps to lessen the chance of a terrorist indiscriminately killing hostages. In such a situation, DOD policy accepts and promotes ____________. (6.15.6.2.)

efforts to establish a rapport with captors

DoDD 5500.7, Standards of Conduct, and DoD 5500.7-R, The Joint Ethics Regulation (JER), provide guidance to Air Force personnel on standards of conduct. Military members who violate the punitive provisions may be prosecuted under (6.17.)

the UCMJ

Ethics are standards of conduct based on values although not all values are ethical values. Which type of values take precedence when making ethical decisions? (6.18.)

ethical values

Ethics are standards of conduct based on values although not all values are ethical values. Which of the following is not a primary ethical value? (6.18. - 6.18.3.)

happiness

What AFI establishes responsibilities for maintaining professional relationships? (6.19.)

AFI 36-2909, Professional and Unprofessional Relationships

Unprofessional relationships can exist (6.19.2.)

-between enlisted members-between officers and enlisted members-between military personnel and civilian employees

As defined by the Manual for Courts-Martial, fraternization is a personal relationship between _________ that violates the customary bounds of acceptable behavior in the Air Force and prejudices good order and discipline. (6.19.3.)

an officer and an enlisted member

Because of the potential damage fraternization can do to morale, good order, discipline, and unit cohesion, fraternization is specifically prohibited in the Manual for Courts Martial and punishable under (6.19.3.)

Article 134 of the UCMJ

Within an organization, unduly familiar relationships are inappropriate especially when the senior member can influence _________. (6.20.1.)

-assignments-promotion recommendations-duties

Sharing living accommodations, vacations, transportation, and off-duty interests on a frequent or recurring basis can be perceived as unprofessional. What aspects of these activities cause them to be looked at as unprofessional? (6.20.4.)

-the frequency of the activity-the absence of official purpose-the lack of organizational benefit

Examples of activities that may adversely impact morale, discipline, and respect for authority include gambling, partying, joint business ventures with, or making solicited sales to (6.20.6.)

members junior in rank, grade, or position

All members are responsible for respecting authority and maintaining professional relationships. However, the _______ in a personal relationship bears primary responsibility for maintaining a professional relationship. (6.22.1.)

senior member

All members are responsible for maintaining professional relationships. However, the senior member (officer or enlisted) in a personal relationship bears primary responsibility for maintaining professional relationships because (6.22.1.)

-the senior member is in the best position to appreciate the effect the relationship could have on an organization-the senior member is in the best position to terminate or limit the extent of the relationship

Actions in response to unprofessional relationships are normally the least severe necessary to terminate the unprofessional aspects of a relationship but a full spectrum of administrative actions is available. Which of the following is not an appropriate administrative response to unprofessional relationships? (6.23.)

promotion

What AFI establishes administrative and management guidelines for alleged delinquent financial obligations and for processing financial claims against Air Force members and includes basic rules for garnishment? (6.24.)

AFI 36-2906, Personal Financial Responsibility

Financial complaints by civilians against military members are often addressed to the installation commander, staff judge advocate, or military personnel flight. The complaint is forwarded for action to __________, who attempts to respond within 15 days. (6.24.2.)

the individual's commander

Financial complaints by civilians against military members are often addressed to the installation commander or military personnel flight. The complaint is then forwarded to the individual's commander for action. If the member has PCS'd, the complaint is (6.24.2.)

forwarded to the new commander

Financial complaints against military members are often sent to the individual's commander for action. If the member has separated or retired, the complainant will be informed that the member is no longer in the Air Force and the Air Force is unable to assist. The exception is: (6.24.2.)

retired members' retirement pay can be garnished for child support or alimony obligations

The Personal Financial Management Program (PFMP) is a free program that offers information, education, and personal financial counseling to help individuals and families maintain financial stability and reach their financial goals. This service is available at (6.24.3.)

the Airman and Family Readiness Center

-checkbook maintenance and budgeting-credit buying and state or country liability laws-local fraudulent business practices

DoD employees and military members are prohibited from receiving pay or allowance from any source other than the United States for the performance of official service or duties unless (6.27.)

specifically authorized by law

Subject to limitations, civilian DoD employees may hold two distinctly different federal government positions and receive salaries for both if the duties of each are performed. Military members may not hold additional positions, absent specific authorization, because (6.28.)

it is incompatible with the member's military duties

On or off duty, a DoD employee or military member shall not solicit or make solicited sales to DoD personnel who are junior in rank, grade, or position, or to the family members of such personnel. In the absence of coercion or intimidation, which of the following are allowed? (6.29.)

-commercial sales solicited and made in a retail establishment during off-duty employment-the sale or lease of a DoD employee's or military member's noncommercial personal or real property

On the subject of commercial dealings involving DOD personnel, DoD employees and military members must avoid the appearance of using public office for personal gain. Which of the following are specifically prohibited? (6.29.)

-engaging in outside employment or activities that conflict with official duties-the sale of insurance, stocks, mutual funds, cosmetics, and other goods or services to junior personnel-receiving honoraria for performing official duties or for speaking, teaching, or writing that relates to one's official duties

AFI 51-901, Gifts from Foreign Governments, requires all Air Force military and civilian personnel, as well as their dependents, to report gifts from foreign governments if the gift, or combination of gifts at one presentation, exceeds a U.S. retail value of ______. (6.30.)

$335

AFI 51-901, Gifts from Foreign Governments, requires all Air Force military and civilian personnel to report gifts from foreign governments if the gift exceeds a retail value of $335. Gifts and gift reports are due to AFPC's Promotions, Evaluations, and Recognition Division, Special Trophies and Awards Section, within (6.30.)

60 days of receiving the gift

All Air Force military and civilian personnel must report gifts from foreign governments that exceed $335 in value. Failure to report gifts valued in excess of $335 could result in a penalty not to exceed (6.30.)

the retail value of the gift plus $5,000

On an occasional basis, including any occasion when gifts are traditionally given or exchanged, the following may be given to an official supervisor by a subordinate or other employees receiving less pay: (6.31.1.)

-items, other than cash, with an aggregate market value of $10 or less-items such as food and refreshments to be shared in the office among several employees-personal hospitality provided at a residence and items given in connection with personal hospitality, of a type and value customarily provided by the employee to personal friends

A gift appropriate to the occasion may be given to a superior to recognize special, infrequent occasions of personal significance but the market value of the gift cannot exceed ______. (6.31.2.)

$300

A gift appropriate to the occasion may be given to a superior to recognize special, infrequent occasions of personal significance. Contributions are voluntary and the maximum contribution one DoD employee may solicit from another cannot exceed ______. (6.31.2.)

$10

Federal government resources shall be used by DoD employees and military members for official purposes only. Agencies may, however, permit employees or military members to make limited personal use of resources other than personnel, such as a computer, calculators, libraries, etc., if (6.32.)

-the use does not adversely affect the performance of official duties -the use creates no significant additional cost to the DoD or government agency-the use is of reasonable duration and frequency and is made during the member's personal time

While on federally owned or leased property or while on duty, a DoD employee or military member shall not participate in any gambling activity except: (6.34.)

-lotteries authorized by any state-private wagers among DoD personnel transacted entirely within base living quarters

Although DoD policy encourages Armed Forces members to carry out the obligations of a citizen, while on active duty, members are prohibited from engaging in certain political activities as outlined in: (6.35.)

-DoDD 1344.10, Political Activities by Members of the Armed Forces-AFI 51-902, Political Activities by Members of the U.S. Air Force

While on active duty, members are prohibited from engaging in certain political activities. A member on active duty may not _________. (6.36.)

make campaign contributions to a partisan political candidate

While on active duty, members are prohibited from engaging in certain political activities. However, members on active duty are permitted to ________. (6.37.)

express his or her personal opinion on political candidates and issues

Although members may not campaign as a nominee or as a candidate for nomination, enlisted members may seek and hold nonpartisan civil office, such as a notary public, school board member, neighborhood planning commission, or similar local agency, as long as (6.37.1.)

such office is held in a private capacity and does not interfere with military duties

The DoD Federal Voting Assistance Program is responsible for administering the Uniformed and Overseas Citizens Absentee Voting Act. Specifically, the Federal Voting Assistance Program mission is to (6.38.)

-inform and educate U.S. citizens worldwide of their right to vote-foster voting participation-protect the integrity of, and enhance, the electoral process at the Federal, state, and local levels

In order to maintain order and discipline, commanders place lawful restrictions on dissident and protest activities. Air Force members may not distribute or post any printed or written material other than official government publications or base-related activity within any Air Force installation without the permission of the commander. Members who violate this prohibition are subject to (6.39. and 6.39.1.)

disciplinary action under Article 92 of the UCMJ

In order to maintain order and discipline, commanders place lawful restrictions on dissident and protest activities. Air Force members may not write for unofficial publications during duty hours. An unofficial publication, such as an "underground newspaper," may not be produced (6.39.2.)

-by Air Force members during duty hours-using government or nonappropriated fund property or supplies

Action may be initiated under AFJI 31-213, Armed Forces Disciplinary Control Boards and Off-Installation Liaison and Operations, to make certain establishments off limits. An establishment runs the risk of being declared off-limits if its activities include (6.36. and 6.39.3.)

-counseling service members to refuse to perform their duties or to desert-acts with a significant adverse effect on health, welfare, or morale of military members

Participation in organizations that espouse supremacist causes, attempt to create illegal discrimination based on race, creed, color, sex, religion, or national origin, advocate the use of force or violence, or otherwise attempt to deprive individuals of their civil rights is prohibited. Members who violate this prohibition are subject to (6.39.4.)

disciplinary action under Article 92 of the UCMJ

Demonstrations or other activities within an Air Force installation that could interfere with or prevent the accomplishment of the installation mission or which present a clear danger to loyalty, discipline, or morale are prohibited and are punishable (6.39.5.)

under Article 92 of the UCMJ

Demonstrations on an Air Force installation that could interfere with or prevent the accomplishment of its mission or which present a clear danger to loyalty, discipline, or morale are prohibited and are punishable under Article 92 of the UCMJ. Air Force members are prohibited from participating in demonstrations when they are (6.39.5.)

-on duty, in a foreign country, or in uniform-involved in activities that constitute a breach of law and order or when violence is likely to result

_________ is responsible for obtaining the necessary review and clearance before releasing any proposed statement, text, or imagery to the public. This includes digital products being loaded on an unrestricted Web site. (6.40.1.)

each Air Force member

Air Force members must not use their Air Force association, official title, or position to promote, endorse, or benefit any profit-making agency. However, Air Force members may __________. (6.40.2.)

.assume character or modeling roles in commercial advertisement during their nonduty hours