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PDG 2013 > chapter-7 > Flashcards

chapter-7 Flashcards

1
Q

The __ system gives commanders a credible, independentassessment of the capabilities of assigned forces.(131)

A

Inspection

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2
Q

What may Airmen at all levels visit the IG to report?(131)

A

Suspected systematic, programmatic or procedural weaknessesor Fraud, Waste, and Abuse (FWA) cases.

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3
Q

What is the overall purpose of the Air Force InspectionSystem (AFIS)? (131)

A

To 1) Enable and strengthen commanders’ effectiveness andefficiency; 2) motivate and promote military discipline; 3)improve unit performance and management excellence; and4) identify issues interfering with effectiveness, efficiency,compliance, discipline, readiness, performance, surety andmanagement excellence.

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4
Q

Who reports on Air Force organizations’ readiness,economy, efficiency and state of discipline to the SECAFand the Chief of Staff, US Air Force (CSAF)? (131)

A

The Inspector General (TIG).

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5
Q

Inspection is an inherent function of command exercisedat every level. What does it evaluate? (131)

A

1) Readiness; 2) economy; 3) efficiency; and 4) state of discipline.

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6
Q

The intent of the IG is to continuously improve theAir Force Inspection System (AFIS) by shrinking thedifference between readiness and readiness.(131)

A

Mission; inspection.

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7
Q

Each __ commander and Wing commander appointsan IG to set up an inspection program, consistentwith mission requirements, that assesses unit effectiveness,surety and other elements. (131)

A

MAJCOM. (MAJCOM IGs develop applicable guidelines,procedures and criteria for conducting inspections.)

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8
Q

List the three inspection types. (131-132)

A

1) Commander’s inspection program; 2) Unit EffectivenessInspection (UEI); and 3) Nuclear Surety Inspection (NSI).

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9
Q

Which inspection program facilitates requests forassistance from the MAJCOM/CC and staff and gives theWing Commander, subordinate commanders and wingAirmen information to assess risk, identify areas of improvement,determine root cause and focus resources?(131)

A

The commander’s inspection program.

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10
Q

Name the two outputs of the commander’s inspectionprogram. (131)

A

1) Wing Commander’s Inspection Report; and 2) managementinternal control toolset data.

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11
Q

The Wing Commander’s Inspection Report and themanagement internal control toolset provide data aboutwhat six things to Headquarters Air Force (HAF) andMAJCOM staffs? (131)

A

Adequacy of policy, training, manpower, funds, equipmentand facilities.

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12
Q

What are the four Major Graded Areas examined ina Unit Effectiveness Inspection (UEI)? (131)

A

1) Managing Resources; 2) Leading People; 3) Improvingthe Unit; and 4) Executing the Mission.

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13
Q

The Unit Effectiveness Inspection (UEI) is a monthslong,continual inspection of a unit’s effectiveness. T/F(131-132)

A

False. (It is years-long.)

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14
Q

Describe the cyclical sequence of events in a UnitEffectiveness Inspection (UEI). (132-Fig)

A

1) Continuous evaluation; 2) completion of a confidentialUEI survey; 3) an on-site IG visit, including Ainnen-to-IGSessions (A TIS), task evaluation, auditing and observation;4) completion of a UEI report, which is submitted to unit andMAJCOM commanders.

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15
Q

What necessary step occurs 90-120 days before theIG visits a site under the Unit Effectiveness Inspection(UEI)? (132-Fig)

A

A UEI survey is completed.

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16
Q

Nuclear Surety Inspections (NSI) evaluate a unit’smanagement of nuclear resources against which approvedstandards? (132)

A

Safety, security and reliability standards.

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17
Q

Nuclear Surety Inspections (NSI) use war reserve(WR) weapons when possible. What is used when WRassets are not available? (132)

A

Training weapons or weapon system simulations.

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18
Q

In Nuclear Surety Inspections (NSI), units are ratedSatisfactory, Satisfactory (Support Unsatisfactory) orUnsatisfactory. What happens if a unit receives an overallUnsatisfactory rating? (132)

A

The unit is reinspected within 90 days and must achieve aSatisfactory or the MAJCOM commander must approve itscontinued nuclear weapons-related mission.

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19
Q

What are the four inspection elements? (132-133)

A

1) Self-assessment program; 2) management internal controltoolset; 3) IG’s evaluation management system; and 4) gradingsystem.

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20
Q

What do Airmen report through the self-assessmentprogram? (132)

A

Compliance and non-compliance.

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21
Q

How do commanders and functionals throughout thechain of command use the management internal controltoolset? (132)

A

To monitor programs for real-time compliance and trends.

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22
Q

Who creates self-assessment checklists? (132)

A

Functional experts.

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23
Q

Why do functional experts create self-assessmentchecklists? (132)

A

To help Airmen understand what’s most important and tocommunicate compliance up the chain of command and appropriatestaffs.

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24
Q

What is the management internal control toolset?(132-133)

A

A web-based program that allows 1) Airmen to accomplishprogram management self-assessments and compliance withHigher HQ (HHQ) directives; 2) supervisors and commandchain to view compliance reports and program status; and 3)Functional Area Managers (FAM) to monitor unit performance..

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25
Q

The IG’s evaluation management system is the database for the IG Complaints Program. T/F (133)

A

False. (It is the database for the Air Force Inspection System (AFIS), used by IGs and MAJCOMs to record the unit’s overall rating, identify deficiencies, track corrective action plans and post the final inspection report.)

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26
Q

__ uses a five-tier rating scale for the inspectionsit conducts. (133)

A

The Air Force Inspection System (AFIS). (The scale includes ratings of Outstanding, Excellent, Satisfactory, Marginal and Unsatisfactory.)

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27
Q

List four inputs the IG Team Chief uses to determine a rating on the five-tier scale. (133)

A

1) Observations; 2) interviews; 3) audits; and 4) task evaluations.

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28
Q

What role do gatekeepers at all levels play in theinspection system? (133)

A

They l) ensure the inspection system is able to inspect units on behalf of the command chain; 2) see that a commander’s priorities take precedence over nonmission-essential activities; and 3) have the authority to approve or disapprove, schedule, deconflict and eliminate duplications on behalf of the commander.

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29
Q

Name four inspections or inspection-type activitiesthat gatekeepers lack the authority to approve. (133)

A

1) The Judge Advocate General (TJAG) Article 6 inspections; 2) The Adjutant General (TAG)-directed audits; 3) The IG (TIG)-directed Air Force Inspection Agency (AFIA) Secretary of the Air Force, IG (SAF/IG) inspections; and 4) inspection- type activities conducted by properly authorized DoD or other US Government (USG) agencies.

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30
Q

Who publishes TIG Brief, Air Force Recurring Publication (AFRP) 90-1? (133)

A

Air Force Inspection Agency (AFIA).

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31
Q

What is contained in TIG Brief, Air Force RecurringPublication (AFRP) 90-1? (133)

A

Authoritative guidance and information for commanders, IGs, inspectors and Air Force supervisors and leaders at all levels of command.

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32
Q

Who may submit articles for publication in TIGBrief, Air Force Recurring Publication (AFRP) 90-1?(133)

A

Anyone. (Articles should relate to anticipated or actual problems; recommendations to improve management; safety,security, inspection or operational techniques; exchange of lessons learned; best practices; or contemporary Air Force issues.)

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33
Q

The Air Force IG Complaints Program is a leadership tool that indicates where command needs to correct systematic, programmatic or procedural weaknesses and ensures resources are used effectively and efficiently. Name three other results. (133)

A

It 1) promptly and objectively resolves problems affecting the Air Force mission; 2) creates trust that issues can be objectively and fully resolved without retaliation or fear of reprisal; and 3) helps commanders instill confidence in leadership.

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34
Q

What is the primary charge of the IG? (133)

A

To sustain a credible Air Force IG system by ensuring responsive complaint investigations and the objectivity, integrity and impartiality of Fraud, Waste, and Abuse (FWA) programs.

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35
Q

Who investigates allegations of reprisal under theMilitary Whistleblower’s Protection Act? (133)

A

Only the IG.

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36
Q

Why were separate full-time installation IGs implemented? (133)

A

To remove any perceived conflict of interest, lack of independence or apprehension by personnel resulting from previously assigning chain of command and IG roles to the same official.

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37
Q

Installation IGs are the “eyes and ears” of the commander and report directly to the installation commander.Name five other IG roles. (133-134)

A

They 1) execute the commander’s inspection program, validating and verifying unit self-assessments and assessing unit effectiveness; 2) inform the commander of trends in potential areas of concern; 3) are the fact-finders and honest brokers in resolving complaints; 4) educate and train commanders and base population on their rights and responsibilities in the Air Force IG system; and 5) help commanders prevent, detect and correct Fraud, Waste, and Abuse (FW A) and mismanagement.

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38
Q

Why is it important to resolve the underlying causeof an IG complaint? (134)

A

It may prevent more severe symptoms or costly consequences, such as reduced performance, accidents, poor quality work, poor morale or loss of resources…

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39
Q

List several administrative inquiries or investigationsthat are not covered under the IG complaint resolutionvprogram because they are governed by other policy directivesvand instructions. (134)

A

Commander-directed inquiries and investigations; Air Force OSI or security forces investigations; investigations of civilian employees who have specific appeal rights under the law or labor union agreements; investigations under the authority of the UCMJ or the Manual for Courts-Martial (MCM); line of duty or report of survey investigations; quality assurance in the Air Force Medical Service Boards; Air Force mishap or safety investigations; Military Equal Opportunity (MEO) Treatment program; civilian Equal Employment Opportunity (EEO) programs; medical incident investigations; and matters normally addressed through other grievance or appeal channels, unless there is evidence that those channels mishandledthe matter or process.

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40
Q

Is dissatisfaction or disagreement with the outcomeor findings of an alternative grievance or appeal process sufficient basis to warrant IG investigation? (134)

A

No. (There must be evidence the process was mishandled or handled prejudicially.)

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41
Q

What form lists matters that should not be referredto the IG complaint resolution program? (134-Note)

A

AFI 90-301, Inspector General Complaints Resolution, Table3.6.

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42
Q

Name five things Air Force military members andcivilian employees must promptly report to an appropriate supervisor, commander, IG or other appropriate inspector, or through an established grievance channel.(134)

A

1) Fraud, Waste, and Abuse (FWA) or gross mismanagement; 2) violations oflaw, policy, procedures or regulations; 3) injustices; 4) abuse of authority, inappropriate conduct or misconduct; and 5) deficiencies or like conditions.

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43
Q

Complainants should try to resolve issues at the lowest possible level before sending them to the higher level or the IG. When should you use the IG system? (134)

A

When referral to the chain-of-command is futile and there is fear of reprisal.

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44
Q

What form do complainants complete to file a complaint or issue with the IG office? (134)

A

AF IMT 102, Inspector General Personal and Fraud, Wastevand Abuse Complaint Registration.

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45
Q

What document outlines the procedures for filing acomplaint or issue with the IG? (134-Note, 134)

A

AFI 90-301, Inspector General Complaints Resolution.

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46
Q

How may complainants to an IG file anonymously?(134)

A

Through an Air Force Fraud, Waste, and Abuse (FWA) hotline, the Defense hotline or directly with an IG.

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47
Q

Briefly list allegations when completing an IG complaint form - save supporting narrative detail and documents until you’re interviewed. T/F (135-Tbl)

A

True.

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48
Q

When completing an IG complaint form, write alleged violations as bullets that list what four things? (135-Tbl)

A

1) What violation was committed; 2) what law, regulation, procedure or policy was violated; 3) when the violation occurred; and 4) who committed the violation.

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49
Q

If more than 60 days pass between the alleged misconduct and the filing of an IG complaint form, what information must also be included in the report? (135-Tbl)

A

1) The date the complainant became aware of the conduct; 2) how the complainant became aware of the conduct; and 3) why the complainant delayed in filing the report.

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50
Q

After submitting the completed AF IMT 102 whilefiling an IG complaint, what must you do? (135-Tbl)

A

Set up a follow-on meeting to discuss the complaint.

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51
Q

Complainants have the right to file a complaint withan IG at any level without notifying or following thechain of command. Name six other rights. (135)

A

They may 1) file a complaint without fear of reprisal; 2) request withdrawal of their complaint in writing; 3) request the next higher IG review their case within 90 days of receiving a final IG response; 4) submit complaints anonymously; 5) submit complaints even if they are not the wronged party; and 6) request whistleblower protection.

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52
Q

A __ occurs when a responsible managementofficial threatens or takes unfavorable personnel action - or threatens to or withholds favorable action - in retaliation against a military member who makes or is prepared to make a protected communication. (135)

A

Reprisal.

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53
Q

Any lawful communication to an IG or Congress,regardless of subject, is a __ communication. (135)

A

Protected

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54
Q

A military member sends a lawful communication toan authorized recipient, disclosing evidence reasonably believed to indicate violation of a law or regulation. It is only a protected communication if he or she is the victim. T/F (135)

A

False. (It is protected regardless of whether he or she is the victim.)

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55
Q

May military members be restricted or prohibitedfrom making a lawful communication to the IG or Congress? (135)

A

No. (According to 10 US Code (U.S.C.) Section 1034.)

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56
Q

A first sergeant directs a member to stay within hischain of command instead of complaining to his Congressman about an upcoming deployment. Did he restrict the Airman? (135)

A

Probably. (Both public and private statements that may reasonably discourage Airmen can result in restriction.)

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57
Q

According to AFI 44-109, Mental Health, Confidentiality, and Military Law, supervisors may encourage Airmen to voluntarily seek mental health care, but only commanders may coerce them to do so. T/F (135)

A

False. (Neither commanders nor supervisors may ever coerce.)

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58
Q

Who reports allegations of improper Mental HealthEvaluations (MHE), reprisal and restriction to Congress each quarter? (136)

A

TheDoD IG.

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59
Q

Are allegations of improper Mental Health Evaluation(MHE) a Federal violation if substantiated? (136)

A

No. (Only reprisal and restriction are Federal violations ifsubstantiated.)

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60
Q

In the Air Force, who are most of the allegations ofimproper Mental Health Evaluations (MHE), reprisaland restriction against? (136)

A

First sergeants and senior enlisted personnel.

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61
Q

Complainants to an IG must file within __ daysof learning of the alleged wrong. (136)

A

60 days. (Wrongs not reported within that timeframe mayseriously impede collection of evidence and testimony.)

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62
Q

What happens to IG complainants who knowinglymake false statements or submit other unlawful communications?(136)

A

They are subject to punitive action.

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63
Q

When does the IG release the identity of complainantsto anyone outside IG channels? (137)

A

Only on an official need-to-know basis. (The IG protects theidentity of complainants.)

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64
Q

__ actions are steps a commander may take tocorrect behavior without resorting to punishment underthe UCMJ. (136)

A

Administrative. (After leadership by example, one-on-onecounseling and performance feedback fail to convince anindividual to conform to standards.)

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65
Q

The is an official record of unfavorable informationabout an individual’s performance, responsibilityand behavior. (136)

A

Unfavorable Information File (UIF).

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66
Q

Which documents must be filed in an UnfavorableInformation File (UIF)? (136, 136-Note)

A

Records of any I) suspended or unsuspended Article I 5 punishmentsof more than one month (31 days or more); 2)court-martial convictions; 3) civilian convictions where thepenalty is confinement for one year or more; 4) placement onthe control roster; and 5) other documented unfavorable informationat the commander’s discretion.

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67
Q

Who has authority to establish, remove or destroy anUnfavorable Information File (UIF)? (136)

A

Commanders at all levels; vice commanders; staff directors;directors at MAJCOMs, Field Operating Agencies (FOA)and Direct Reporting Units (DRU); and the senior Air Forceofficer assigned to a joint command.

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68
Q

Before establishing an Unfavorable Information File(UIF), what document(s) do(es) the commander show themember? (136)

A

AF IMT 1058, Unfavorable Information File Action, andoptional documents, such as Letters of Admonishment(LOA), Letters of Counseling (LOC) and Letters of Reprimand(LOR).

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69
Q

After the commander notifies a member that an UnfavorableInformation File (UIF) will be established, themember has __ duty days to acknowledge the plannedactions and provide pertinent information. (136-Note)

A

Three duty days.

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70
Q

Which person(s) cannot access Unfavorable InformationFiles (UIF) as needed in the course of their AirForce duties - the person on whom the file is kept, thefirst sergeant, an EPR rater, chaplain or security forcespersonnel? (137)

A

Chaplain. (The commander, Military Personnel Flight MPFpersonnel, IG, inspection team, judge advocate, paralegal,Military Equal Opportunity (MEO) personnel, Alcohol DrugAbuse Prevention and Treatment (ADAPT) Program personneland Air Force OSI are also authorized access.)

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71
Q

Which Air Force publication contains guidance ondisposition dates for Unfavorable Information Files(UIF)? (137)

A

AFI 36-2907, UJF Program. (Commanders keep the UIF andits documents for the disposition period, unless early removalis clearly warranted.)

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72
Q

The control roster is a rehabilitative tool that establishesa(n) __ -month observation period for memberswith substandard duty performance or who fail to meetor maintain Air Force standards of conduct, bearing andintegrity, on- or off-duty. (137)

A

6-month

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73
Q

Should a brief incident of substandard performance or an isolated breach of standards (not likely to be repeated)result in placement on the control roster? (137)

A

Usually not.

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74
Q

When may commanders direct an EPR - before enteringor before removing an individual from the controlroster? (137)

A

Either before entering or removing, or both.

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75
Q

An individual is shielded from other actions while onthe control roster. T/F (137)

A

False.

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76
Q

What happens if a member is not rehabilitated withinsix months of placement on the control roster? (137)

A

The commander initiates more severe action.

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77
Q

Which form does the commander use to initiate controlroster action? (137)

A

AF IMT 1058, Unfavorable Jriformation File Action.

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78
Q

Placement on the control roster is a mandatory UnfavorableInformation File (UIF) entry. T/F (137)

A

True

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79
Q

An individual placed on the control roster hasduty days to submit a statement on his or her behalf beforethe AF IMT 1058 is finalized. (137)

A

Three duty days.

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80
Q

When does the 6-month time period for a controlroster begin and end? (137)

A

It begins the day the AF IMT 1058 is finalized and ends at2400 hours six months later.

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81
Q

The control roster 6-month time period stops andstarts for periods of TDY, ordinary leave or change inimmediate supervisor. T/F (137)

A

False.

82
Q

What are the intentions of commanders, supervisorsand others in authority when they issue administrativecounseling, admonitions and reprimands? (137)

A

To improve, correct or instruct subordinates.

83
Q

Administrative counseling, admonitions and reprimandsonly apply to subordinates who depart fromstandards of performance, conduct, bearing and integritywhile on-duty and whose actions degrade the individualand unit’s mission. T/F (137)

A

False. (They also apply to such actions while off-duty.)

84
Q

What outlines the rules of access, protection anddisclosure for written administrative counseling, admonitionsand reprimands? (137)

A

The Privacy Act of 1974. (The same rules apply to any copies.)

85
Q

AF IMT 174, Record of Individual Counseling, is onemethod of recording an administrative counseling session.What is another method? (137)

A

Documenting Letter of Counseling (LOC) on bond paper orletterhead.

86
Q

Which is more serious, a Letter of Admonishment(LOA), a Letter of Counseling (LOC) or a Record of IndividualCounseling (RIC)? (138)

A

An LOA. (It should not be used when a Letter of Reprimand(LOR) is more appropriate.)

87
Q

Which may be filed in an Unfavorable InformationFile (UIF) - a negative Record of Individual Counseling(RIC) or a Letter of Reprimand (LOR)? (137-138)

A

Both may be filed.

88
Q

Counseling, reprimands and admonitions can beverbal or written. T/F (137-138)

A

True.

89
Q

What five facts must a written Record of IndividualCounseling (RIC), Letter of Counseling (LOC), Letter ofAdmonishment (LOA) or Letter of Reprimand (LOR)state? (138)

A

1) What the member specifically did or failed to do; 2) whatimprovement is expected; 3) that further deviation may resultin more severe action; 4) that the member has three duty daysto submit rebuttal documents; and 5) that all supporting documentsreceived from the individual become part of the record.

90
Q

Who may demote MSgts and below? (138)

A

The group or equivalent-level commander.

91
Q

Who may demote SMSgts and CMSgts? (138)

A

MAJCOM, Field Operating Agency (FOA) and Direct ReportingUnit (DRU) commanders.

92
Q

Name two of the four common reasons for administrativedemotion. (138)

A

Any two of the following: failure to 1) complete officer transitionaltraining because of academic deficiency, selfeliminationor misconduct; 2) maintain grade and skill relationshipand skill level; 3) fulfill NCO responsibilities; and4) attain or maintain fitness program standards.

93
Q

For an administrative demotion, what must the commander inform the Airman of in writing? (138)

A

The intention to recommend demotion, citing the specificreason, demotion authority, recommended grade for demotionand providing a summary of facts. (The commandermust advise the Airman that he or she may seek legal counsel(give the name and number of the local Area DefenseCounsel (ADC)), that he or she has the right to apply forretirement (if eligible) in lieu of demotion and must ensurethe Airman endorses the demotion when he or she receivesit.)

94
Q

Who is the appellate authority for demotions ofAmn-MSgt? (138)

A

The next level commander above the group commander.

95
Q

Who is the appellate authority for demotion ofSMSgts and CMSgts? (138)

A

The Air Force Vice Chief of Staff (Unless the MAJCOM,Field Operating Agency (FOA) or Direct Reporting Unit(DRU) commander delegated demotion authority to a subordinatelevel, who then becomes the appellate authority.)

96
Q

What is the usual Military Service Obligation (MSO)for first-term Airmen? (138)

A

Eight years.

97
Q

What can happen if you separate from active servicebefore fulfilling your Military Service Obligation (MSO)?(138)

A

You can be released (not discharged) and transferred to theAFR to complete the balance of your MSO.

98
Q

Administrative discharges under AFI 36-3208, AdministrativeSeparation of Airmen, can characterize servicein what three ways? (138)

A

1) Honorable; 2) under honorable conditions (general); or 3)under other than honorable conditions.

99
Q

Separation at Expiration of Term of Service (ETS) isautomatic. T/F (139)

A

False. (A separation action is required.)

100
Q

Airmen are entitled to separate at Expiration ofTerm of Service (ETS) unless one of what two conditionsapply? (139)

A

I) There is specific authority for retention; or 2) they consentto retention.

101
Q

Many reasons for administrative separation exist.List the four main reasons. (139)

A

1) Required; 2) voluntary; 3) involuntary; and 4) dischargeinstead of trial by court-martial.

102
Q

List three examples of situations that require separation. (139)

A

I) Airmen who will continue to serve in another militarystatus (i.e., ANG or AFR); 2) to accept appointment as acommissioned officer of the Air Force or as a warrant orcommissioned officer of another branch of service; and 3)Airmen with insufficient retainability for PCS.

103
Q

What type of separation may be allowed for enteringan officer training program, pregnancy, conscientiousobjection, hardship or early release for school? (139)

A

Voluntary separation.

104
Q

What factors may result in involuntary separation asdischarge for cause? (139)

A

Unsatisfactory performance, substance abuse, misconduct orin the interest of national security.

105
Q

Physical conditions that interfere with duty performanceor assignment availability, inability to cope withparental responsibilities or military duty, or insufficientretainability for required retraining are reasons for involuntarydischarge for the of the government.(139)

A

Convenience.

106
Q

When charged with offenses punishable by punitivedischarge, what may Airmen request in lieu of courtmartial?(139)

A

An administrative discharge. (There is no guarantee that therequest will be granted.)

107
Q

Military law provides commanders with the tools,including __ and Nonjudicial Punishment (NJP), todeal with criminal conduct. (139)

A

Court-martial.

108
Q

One purpose of military law is to promote justice.Name the other three purposes. (139)

A

To 2) help maintain good order and discipline in the armedforces; 3) promote efficiency and effectiveness in the militaryestablishment; and 4) strengthen national security.

109
Q

Name the four pillars of military law. (139-Fig)

A

The 1) US Constitution; 2) UCMJ; 3) Manual for CourtsMartial(MCM); and 4) precedents.

110
Q

What is the primary source of military law? (139)

A

The US Constitution.

111
Q

The US Constitution gives distinct powers to Congressand to the President. This is called ___ of ___(139)

A

Separation of power.)

112
Q

Congress enacted the UCMJ and President Truman ~signed it into law in what year? (140)

A
  1. (Effective 31 May 195 I.)
113
Q

President Truman created the Manual for CourtsMartial(MCM) in 1951. What does it provide? (140

A

I) Standardized forms; 2) rules for evidence, procedure andmaximum punishments; and 3) military law guidance forcommanders and judge advocates.)

114
Q

How often is the Manual for Courts-Martial (MCM)revised? (140)

A

Annually.

115
Q

The Manual for Courts-Martial (MCM) contains awide range of materials. Name several. (140)

A

The US Constitution, UCMJ (including text and discussionof punitive articles and sample specifications), Rules forCourts-Martial (RCM) and Military Rules of Evidence(MRE).

116
Q

Armed forces members retain virtually all civilianlegal rights, including protection against involuntary selfincriminationand the right to counsel. T/F (140)

A

True.

117
Q

No person shall be compelled in any case to be a witnessagainst himself or herself. This is known as the rightagainst __ . (140)

A

Self-incrimination. (Protected under the Fifth Amendment tothe US Constitution; and reflected in Article 31, UCMJ; andMilitary Rules ofEvidence (MRE) 304.)

118
Q

A self-incriminating statement is considered involuntaryif it is obtained in violation of the _____ Amendmentto the US Constitution, Article 31 of the UCMJ, orthrough coercion, unlawful influence or unlawful inducement.(140)

A

Fifth.

119
Q

Article 31, UCMJ requires that persons asked tomake a statement first be told what three things? (140)

A

1) The nature of the accusation; 2) that they don’t have tomake a statement; and 3) that any statement may be used asevidence against them in a trial by court-martial. (They areentitled to consult with counsel and to have counsel present.)

120
Q

After being advised of their rights, can a personfreely, knowingly and intelligently waive them and makea statement which can be used as evidence? (140)

A

Yes.

121
Q

ln the Air Force, an attorney is provided free ofcharge to all who face courts-martial regardless of whether the accused can afford to hire an attorney. T/F~ (140)

A

True.

122
Q

The Air Force provides an attorney to the accusedprior to what actions? (140)

A

Summary, special and general courts-martial; Article 32 investigations;and in the Article 15 process.

123
Q

The __ assists and represents most members accusedof a crime. (140)

A

Area Defense Counsel (ADC). (Undivided loyalty to theclient is ensured because the ADC works for a separate chainof command and doesn’t report to anyone at base level.)

124
Q

Can members retain civilian counsel instead of counselfrom the Area Defense Counsel (ADC)? (140)

A

Yes, if it is at no expense to the government. (They may alsorequest an individual military defense counsel for an Article32 hearing or court-martial.)

125
Q

What is the military equivalent of civilian “arrest”?(140)

A

Apprehension. (The act of taking a person into custody.)

126
Q

Apprehension requires probable cause. When doesprobable cause exist? (140)

A

When there are reasonable grounds to believe that the individualhas committed, or is committing, an offense.

127
Q

When is a non-law enforcement NCO allowed to apprehendan officer? (140-141)

A

1) Under specific orders from a commissioned officer; 2) toprevent disgrace to the service; or 3) to prevent a seriousoffense or the escape of someone who committed one.

128
Q

Name four kinds of pretrial restraint (moral or physical).(141)

A

1) Conditions on liberty; 2) restrictions in lieu of arrest; 3)arrest; and 4) confinement.

129
Q

Which type of pretrial restraint directs a person todo, or refrain from doing, specified acts? (141)

A

Conditions on liberty. (However, it must not hinder pretrialpreparation.)

130
Q

How does restriction in lieu of arrest differ fromarrest? (141)

A

Restriction is less severe, usually confines the offender tobroader geographic limits and allows the performance of fullmilitary duties unless directed otherwise.

131
Q

In the armed forces, is arrest a physical or a moralrestraint? (141)

A

Moral. (It directs a person to remain within specified limits,but doesn’t physically restrain them.)

132
Q

Is a person under arrest expected to perform fullmilitary duties? (141)

A

No.

133
Q

__ is a physical restraint, such as imprisonment.(141)

A

Confinement

134
Q

When are individuals put in pretrial confinement?(141)

A

Only when lesser forms of pretrial restraint are inadequate.

135
Q

Persons in pretrial confinement have a right to whatkind of counsel? (141)

A

Civilian counsel (at their own expense) or military counsel(at the government’s expense).

136
Q

Pretrial restraint may only be ordered under whatcircumstances? (141)

A

When there’s a reasonable belief that the person committedan offense triable by court-martial and the circumstancesrequire restraint. (Pretrial restraint should not be more rigorousthan the circumstances require.)

137
Q

When is a search reasonable? (141)

A

When the authorization to search is based on probable causeand particularly describes the place to be searched and personsor things to be seized.

138
Q

Define “probable cause” as it relates to a search.(141)

A

Reasonable belief that who or what is being sought is locatedin the place or on the person being searched.

139
Q

Define “authorization to search.” (141)

A

Express written or oral permission to search a person or areafor specified property, evidence or for a specific person andto seize such property, evidence or person. (The militarycounterpart to a search warrant.)

140
Q

Who can authorize a search and seizure over anyonesubject to military law or anywhere on the installation?(141)

A

Commanders, military judges, installation commanders andmagistrates.

141
Q

Commanders may conduct inspections of their units.Can contraband uncovered during a proper inspection beseized and admissible in court? (141)

A

Yes.

142
Q

How does an inspection differ from a search? (141)

A

Inspections are not focused on specific individuals or thecollection of evidence.

143
Q

Nonjudicial Punishment (NJP) is authorized underArticle __ of the UCMJ. (141)

A

Article 15. (It provides commanders a means to maintaingood order and discipline without the stigma of a courtmartialconviction.)

144
Q

Any Air Force member may receive NonjudicialPunishment (NJP) under Article 15 for minor offenses.T/F (142)

A

True.

145
Q

What types of nonpunitive disciplinary actionsshould commanders attempt before resorting toNonjudicial Punishment (NJP)? (142)

A

Counseling and administrative reprimands. (However, theseare not required.)

146
Q

An Article 15 cannot be imposed upon a memberwho demands trial by court-martial. T/F (142)

A

True. (A commander should not offer an Article 15 unless heor she is prepared to proceed with court-martial charges.)

147
Q

As it relates to Nonjudicial Punishment (NJP), a(n)__ offense is typically one where the maximum imposablesentence does not include dishonorable dischargeor confinement of more than one year. (142)

A

Minor. (The commander considers the nature of the offense,the offender’s age, grade, duty assignments, record, experienceand the maximum sentence imposable for the offense iftried by a general court-martial.)

148
Q

0n what basis does the UCMJ set the permissibletypes and extents of punishments under Article 15? (142)

A

Limitations are based on the grade of the imposing commanderand the offender.

149
Q

Reduction in grade is one type of permissibleNonjudicial Punishment (NJP) on enlisted members. Listthe other six. (142-143-Tbl)

A

1) Additional restrictions; 2) correctional custody; 3) forfeitureof pay; 4) reprimand; 5) restriction; and 6) extra duties.

150
Q

When are bread and water and diminished rationspunishments authorized as Nonjudicial Punishment(NJP)? (143-Tbl-Note)

A

Never.

151
Q

What is the Article 15 maximum number of daysrestriction or extra duties imposed by a lieutenant orcaptain? By a major or above? (143-Tbl)

A

14 days for both. 45 days extra duties, 60 days restriction.

152
Q

What is the Article 15 maximum number of days incorrectional custody imposed by a lieutenant or captain?By a major or above? (143-Tbl)

A

Seven days. 30 days.

153
Q

How is the Article 15 authority to reduce the gradeof SMSgts and CMSgts limited? (143-Tbl-Note)

A

They can be reduced one grade only by MAJCOM commanders,commanders of unified or specified commands, orcommanders to whom promotion authority for these gradeshas been delegated.

154
Q

Do lieutenants and captains have Article 15 authorityto impose grade reductions on TSgts? (143-Tbl)

A

No. (They do have authority to reduce Amn-SSgt by onegrade.)

155
Q

Majors and above have Article 15 authority to reduceArnn, AlC and Sr A to the rank of __ . (143-Tbl)

A

AB.

156
Q

Do majors have Article 15 authority to reduce thegrade ofMSgts? (143-Tbl)

A

No. (They do have authority to reduce Amn-TSgt.)

157
Q

Frocked commanders may exercise only that authorityassociated with their actual pay grade. T/F (143-TblNote)

A

True. (No authority is conferred by the frocked grade.)

158
Q

Who advises and helps the commander evaluate factsthroughout the Nonjudicial Punishment (NJP) process?(142)

A

The Staff Judge Advocate (SJA). (The commander makes thefinal decision.)

159
Q

For Nonjudicial Punishment (NJP), the commanderforwards AF Form 3070A/B/C, Record of NonjudicialPunishment Proceedings, to the member. What does thisform state? (142)

A

The alleged offenses, the member’s rights and the maximumpunishment allowable.

160
Q

How long does a member have to decide whether toaccept Nonjudicial Punishment (NJP)? (142)

A

Three duty days (72 hours).

161
Q

Accepting Article 15 over court-martial is an admissionof guilt. T/F (142)

A

False. (It is a choice of forum. Members may still present afull defense, make statements and have the right to remainsilent.)

162
Q

After carefully considering all matters submitted bythe member and consulting with the Staff Judge Advocate(SJA), which four decisions can the commander make regarding an Article 15? (142)

A

1) The member did not commit the offenses and proceedingsare terminated; 2) extenuation and mitigation factors makeNonjudicial Punishment (NJP) inappropriate and proceedingsare terminated; 3) the member committed one or moreof the offenses; or 4) the member committed one or morelesser-included offenses instead.

163
Q

How can offenders appeal a commander’s decision toimpose Nonjudicial Punishment (NJP)? (142)

A

Through command channels to the next superior authority.(Members may submit a written appeal within five calendardays.)

164
Q

Commanders have the power to suspend, __ , ormitigate punishment of an Article 15. (143)

A

Remit.

165
Q

Why are suspended sentences encouraged for firstoffenders under Article 15? (143)

A

To provide an observation period and an incentive for goodbehavior. (All or part of the punishment is postponed for aspecific probationary period (no more than six months) andautomatically cancelled if the offender continues good behavior.)

166
Q

__ cancels any unexecuted portion of a punishmentunder Article 15. (143)

A

Remission.

167
Q

Commanders may reduce either the quantity orquality of an unexecuted portion of an Article 15 punishmentthrough __ . (143)

A

Mitigation. (For example, a reduction in grade can be mitigatedto a forfeiture of pay.)

168
Q

__ cancels the Article 15 punishment when, underall the circumstances of the case, the punishment resultedin a clear injustice. (143)

A

Set-aside. (Any property, privilege or rights affected by theportion of the punishment set aside are also restored.)

169
Q

What are the three types of courts-martial? (143-144)

A

1) Summary Court-Martial (SCM); 2) Special Court-Martial(SPCM); and 3) General Court-Martial (GCM).

170
Q

A(n) __ court-martial tries minor offenses; a(n)__ court-martial tries intermediate offenses. (143-144)

A

Summary Court-Martial (SCM). Special Court-Martial(SPCM).

171
Q

How many active-duty commissioned officers presideover a Summary Court-Martial (SCM)? (143)

A

One. (The SCM officer is appointed instead of a militaryjudge and considers evidence, makes findings and imposessentencing if guilty.)

172
Q

A person may not be tried by a Summary CourtMartial(SCM) if he or she objects. T/F (143)

A

True. (Only consenting enlisted members may be tried bySCM.)

173
Q

A Special Court-Martial (SPCM) tries noncapitaloffenses and consists of a military judge and a panel of__ or more members. (144, 145-Tbl)

A

Three. (Enlisted accused can ask that at least 1/3 of the panelbe enlisted members. Any accused may ask for trial by militaryjudge alone.)

174
Q

Which four UCMJ authorized punishments are notallowed in a Special Court-Martial (SPCM)? (144)

A

1) Death; 2) dishonorable discharge; 3) dismissal of an officer;and 4) confinement for more than one year.

175
Q

A court-martial tries the most serious offenses. (144)

A

General Court-Martial (GCM).

176
Q

The General Court-Martial (GCM) is composed of amilitary judge and at least a(n) __ -member panel thatmay include, when requested, at least one-third enlistedmembers. (144)

A

5-member.

177
Q

The accused in a General Court-Martial (GCM) mayrequest trial by military judge alone, except in whichcases? (144)

A

Capital cases (when a sentence of death may be adjudged).

178
Q

How is the maximum punishment under GeneralCourt-Martial (GCM) limited? (144)

A

It is limited only by the maximum allowable punishmentunder the UCMJ for the offenses and may extend to death.

179
Q

Only enlisted members may be tried under SummaryCourt-Martial (SCM). Who is triable under SpecialCourt-Martial (SPCM) and General Court-Martial(GCM)? (145-Tbl)

A

Any person subject to the UCMJ.

180
Q

Any noncapital offense punishable under the UCMJis triable by Summary Court-Martial (SCM) and SpecialCourt-Martial (SPCM). T/F (145-Tbl)

A

True.

181
Q

Who is the convening authority for a General CourtMartial(GCM)? (145-Tbl)

A

The President; the SECAF; the commander of an air command,an air force, an air division or a separate wing of the Air Force; or any commander designated by the President orSECAF.

182
Q

Court-martial procedures include what three steps?(144-145)

A

The 1) trial; 2) findings and sentence; and 3) post-trial procedures.

183
Q

Who is generally the convening authority for courtsmartial?(144)

A

The wing or Numbered Air Force (NAF) commander. (He orshe selects the court-martial panel.)

184
Q

What grade must court-martial panel members be?(144)

A

Senior in grade to the accused. (They also must be the bestqualified.)

185
Q

What is the court-martial verdict called? (144)

A

The findings. (A not-guilty verdict is called an acquittal.)

186
Q

How many members of the court-martial panel mustconcur for a finding of guilty? (144)

A

At least 2/3.

187
Q

What court-martial panel vote is required for adeath sentence? (144)

A

A unanimous vote by a panel of 12 members.

188
Q

What court-martial panel vote is required for confinementexceeding 10 years? (144)

A

314 concurrence.

189
Q

Who must review the complete court-martial recordbefore the convening authority acts on the findings andsentence? (145)

A

The Staff Judge Advocate (SJA).

190
Q

The convening authority must act on every case aftera court-martial. T/F (145)

A

True

191
Q

List several actions the convening authority can takewhen reviewing court-martial records. (145)

A

Approve or disapprove any portion of the findings or sentence,mitigate the sentence, suspend a sentence (except adeath sentence), order a rehearing, and defer forfeiture of payand allowances, reduction in grade or a sentence of confinement.

192
Q

Which court-martial sentence cannot be suspendedby the convening authority? (145)

A

A death sentence.

193
Q

List the four levels included in the appeal process ofthe UCMJ, in ascending order. (145-146)

A

I) The Judge Advocate General (TJAG); 2) US Air ForceCourt of Criminal Appeals (AFCCA); 3) US Court of Appealsfor the Armed Forces (USCAAF); and 4) US SupremeCourt.

194
Q

Who reviews any case that is not automatically reviewedby the US Air Force Court of Criminal Appeals(AFCCA)? (145)

A

The Judge Advocate General (TJAG).

195
Q

What is the first level of formal appellate review?(146)

A

The Air Force Court of Criminal Appeals (AFCCA). (It mayapprove, disapprove or modify the findings and sentence.)

196
Q

Which court-martial findings are reviewed by the USAir Force Court of Criminal Appeals (AFCCA)? (146)

A

I) Death sentence; 2) dismissal of a commissioned officer; 3)punitive discharge; and 4) confinement of one year or more.

197
Q

Name the highest appellate court in the military justicesystem. (146)

A

The US Court of Appeals for the Armed Forces (USCAAF).(It reviews all death penalty cases and cases forwarded byThe Judge Advocate General (TJAG).)

198
Q

Is the US Court of Appeals for the Armed Forces(USCAAF) composed of five military or five civilianjudges? (146)

A

Five civilian judges appointed by the President.

199
Q

The accused may petition for the US Court of Appealsfor the Armed Forces (USCAAF) review of his orher case. T/F (146)

A

True.

200
Q

Decisions of the __ may be reviewed by the USSupreme Court. (146)

A

US Court of Appeals for the Armed Forces (USCAAF).

201
Q

Military justice requires an NCO to be familiar withthe UCMJ and correct marginal or substandard behavioror duty performance of subordinates, support the commander’sapplication of military justice, report violationsand be prepared to investigate incidents. Name threeother general responsibilities. (146)

A

1) Know the rules for apprehending, arresting and confiningviolators; 2) generally counsel Airmen on their legal rightsand refer them to proper legal authorities; and 3) lead and counsel individuals receiving Article 15 punishment.

PDG 2013 (19 decks)

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