Chapter 7 Flashcards
Administrative counseling, admonitions, and improve, correct and instruct subordinates who depart from standards while on or off duty and whose actions degrade the individuals and units mission
Reprimands
What outlines the rules of access protection and disclosure for written administrative counseling, admonitions and reprimands
The Privacy Act of 1974 (applies to any copies)
Administrative counseling, admonitions, and reprimands are quality force management tools available to whom
Supervisor, superiors and commanders
Administrative counseling, admonitions and reprimands are punitive in nature, not correct, T or F
False ( They are corrective in nature, not punitive)
Are administrative counseling, admonitions and reprimands limited to offenses punishable under the UCMJ, similar to NJP under Article 15 of the UCMJ
No, they may be administered for any departure from AF standards
What should usually happen each time a service member departs fro AF Standards
The response should become more severe
A letter of counseling is the lowest level of ADMIN action. What is it designed to do
Help people develop good judgment, assume responsibility and face and solve problems
A letter of admonishment is more severe than a letter of counseling T/F
True
What is used to document an infraction serious enough to warrant a letter of admonishment
A letter of counseling or record of individual counseling
A reprimand is more sever than either a letter of counseling or letter of admonishment. What does it indicate.
A stronger degree of official censure
Counseling admonitions and reprimands may be verbal or ______
Written
When letters of counseling admonishment and reprimand are written they must be typed on letterhead. What seven things must they state
- What member did or failed to do
- What improvement is expected
- That further deviation may result in more sever action
- That the individual has three duty days so respond (30 days for non extended active duty reservists)
- That all supporting documents become part of the record
- That the person who initiates the letter has three duty days to advise the individual of decisions
- The applicability of the privacy act to the document
The ____ Provides CCs with an official and single means of filing derogatory data on an AF members personal conduct and duty performance
UIF
What four documents must a commander place in an UIF
- Suspended or unsuspended Article 15 punishment of more than one month (31 days or more)
- Court martial conviction
- Civilian convictions in which the penalty or actions are equivalent to a finding of guilty of an offense which resulted in confinement of a year or more, or could have resulted in a penalty of confinement for more than one year or death
- Control roster actions
List four documents that a commander may opt to place in an UFI for up to one year
- Article 15 when punishment is not suspend or does not exceed one month
- A record of conviction by a civilian court or an action equivalent to a find of guilty for an offense where the maximum confinement penalty authorized is one year or less
- Written letters of reprimand, admonishments or counseling’s
- Confirmed incidents involving discrimination or sexual harassment of personnel
The CC has wide discretion as to what can be placed in or removed from an UIF T/F
True
Who has authority to establish, remove or destroy an UIF
Commanders at all levels Vice Commanders Staff Directors Directors at MAJCOMS Field Operating Agencies Direct reporting Units The Senior Air Force Officer assigned to a joint command
Before establishing an UIF what documents does the commander show the member
AF IMT 1058 UIF action
and optional documents such as LOAS, LOCS and LORS
After the CC notifies a member that a UIF will be established the member has _____ duty days to acknowledge the planned actions and provide pertinent information
Three duty days
List the people who can access a members UIF in the course of their AF duties
- The Member
- The CC
- First Sergeant
- EPR reporting and rating officials
- Force support SQ personnel
- The IG
- The inspection team
- Legal office personnel
9 Military EO personnel - Law enforcement personnel
- Substance abuse counselors authorized by the commander to review the document for AF duties
Which AF publication contains guidance on disposition dates for UIF
AFI 36-2907 UIF Program
The Control Roster is a rehabilitee tool that establish a ____ month observance period for member with substandard duty performance or who fail to meet or maintain AF standards of conduct, bearing and integrity on or off duty.
6 Months
Should a single incident of substandard performance or an isolated breach of standards ordinarily be a basis for a control roster action
Usually not
When may commanders direct an EPR - before entering or before removing an individual from the control roster
Either before entering or removing or both
What happens if a member is not rehabilitated with in six months of placement on the control roster
The commander initiates more sever actions
Which form does the CC use to place an individual on the control roster
AF IMT 1058
Placement on the control roster is mandatory UIF entry T/F
True
an individual placed on the control roster has ____ Duty days to submit a statement on his or her behalf before the AF IMT 1058 is finalized
Three duty days
When does the 6 month time period for a control roster begin and end
It begins the day the AF IMT 1058 is finalized and ends at 2400 hours six months later
Who may demote MSgts and below
The group or equivalent level commander
Who may demote SMSgts and CMSgts
MAJCOM, Field
Name the five common reasons for admin demotion.
Failure to complete officer transitional training because of academic deficiency, self elimination or misconduct
2. failure to maintain or attain the appropriate grade and skill level
- Failure to fulfill NCO responsibilities
- Failure to attain or maintain fitness program standards
- termination of the student status of members attending TDY schools if they were promoted in anticipation of completing additional training as noted in AFI 36-2502
For an admin demotion the immediate commander notifies the member in writing of the intention to recommend demotion. What must this notification include.
- A paragraph citation
- Demotion authority if other than the initial commander
- The recommended Grad for demotion
- The specific reasons for the demotion
- A summary of the facts
During an admin demotion the commander informs the member of what three rights
- The right to counsel
- The right to respond within three duty days
- The right to apply for retirement in lieu of demotion
Who is the appellate authority for demotions of amn-Msgt
The next level commander above the group commander
Who is the appellate authority for demotion of SMSgt and CMSgt
The AF Chief of Staff. (Unless the Majcom FOA or DRU commander delegated demotion authority to a subordinate level)
Suitability to serve in the AFi is based on conduct and the ability to meet standards of duty performance and discipline. T/F
True
How is separating members that fail to meet standards of performance, conduct or discipline beneficial
It promotes AF readiness and strengthens standards of military service
Admin Discharges under AFI 36-3208, Admin Separation of AMN can characterize service in what three ways
- honorable
- General (under honorable conditions
- Under other than honorable conditions
When is it appropriate to characterize a members service as honorable during an administrative separation
When a members service has generally met AF standards or is so meritorious that other characterizations are inappropriate
Wen is it appropriate to characterize a members service as general (under honorable conditions() during an ADMIN separation
When a members service has been honest and faithful, but significant negative aspects of conduct or performance outweigh the positive aspects of the military record
When is it appropriate to characterize a members service as under other than honorable conditions during an admin separation
When based on a pattern of behavior or a significant departure from the conduct expected of AMN
When must a commander initiate discharge processing or seek a waiver of the discharge
When the reason for discharge is
- Fraudulent or erroneous enlistment
- A civil court conviction for an offense for which a punitive discharge and confinement for one year or more is authorized under the UCMJ
- Drug abuse
Separation at expiration of term service is automatic T/F
False ( a separation action is required)
AMN are entitled to separate at ETS unless one of what two conditions apply
There is specific authority for retention or they consent to retention
Many reasons for admin separation exist . List the four main reasons
- Required
- Voluntary
- Involuntary
- Discharge instead of trial by court martial
List three examples os situations that require separation
- Amn Who will continue to serve in another military
- To accept appointment as a commissioned officer of the AF or as a warrant or commission officer of another branch of service
- AMn with insufficient retain ability for PCS
What type of separation may be allowed for entering an officer training program, pregnancy or conscientious objection hardship or early release for school
Voluntary Separation
What factors may result in involuntary separation as discharge for cause
Unsatisfactory performance, substance abuse, misconduct or in the interest of national security
Physical conditions that interfere with duty performance or assignment availability inability to cope with parental responsibility or military duty or insufficient retain ability for required retraining are reason for involuntary discharged for the _____ of the government.
Convenience
When charged with offenses punishable by punitive discharge, what may airmen request in lieu of court martial
An administrative discharge (there is no guarantee that the request will be granted)
Military law provides commanders with the tools including ____ and no judicial punishment to deal with criminal conduct
Court-Martial
One purpose of military law is to promote justice. Name the other three purposes.
- Help maintain good order and disciplining the armed forces
- promote efficiency and effectiveness in the military establishment
- Strengthen national security
Name the four pillars of military law
- US constitution
- UCMJ
- MCM
4 Precedents
What is the primary source of military law
The US constitution
The US constitution gives distinct powers to congress ant the President . This is called ____ of ____.
Separation of Power
The congress enacted the UCMJ and president Truman signed it into law in what year
1950 (Effective 31 May 1951)
President Truman crated the MCM in 1951. What does it provide
- Standardizes forms
2 Rules fore evidence, procure and maximum punishments - Military law guidance for commanders and judge advocates
How often is the MCM revised
Annually
The MCM contains a wide range of materials. Name several
US constitution
UCMJ (including text and discussion of the punitive articles and sample specifications)
rules for courts martial
Military rules of Evidence
Armed forces members retain virtually all civilian legal rights, including protection against involuntary self incrimination and the right to counsel. T/F
True
No person shall be compelled in any case to be a witness against himself or herself. This is known as the right against ____.
Self incrimination (protected under the fifth amendment o the US constitution and reflected in article 31 of the UCMJ and Military rules of evidence 304.
A self-incriminating statement is considered involuntary if it is obtained in violation of the ____ amendment to the us Constitution , article 31 of the UCMJ or the coercion unlawful influence or unlawful induced
Fifth
Article 31 of the UCMJ requires that persons asked to make a statement first be told what three things.
- The nature of the accusation
- That they don’t have to make a statement
- That any statement may be used as evidence against them in a trial by court martial(They are entitled to consult with counsel and to have counsel present)
After being advised of their rights, can a person freely, knowingly or intelligently waive them and make a statement which can be used as evidence
Yes
A military attorney is provided free of charge to all who face a court martial T/F
True
The UCMJ provides a military attorney to the accused prior to what actions
Summary, special and general court martials, Article 32 investigations and in the article 15 process
The ____ program provides air force members with independent legal representation
Area defense council
How does the ADC ensure undivided loyalty to the client
The ADC works for a separate chain of command and reports only to the senior defense attorneys
From where are most ADC selected
The local base legal office
What criteria are judge advocates screened for before selection as an ADC
Proper level of judgment, advocacy skills and courtroom experience
Who may travel to assist in the defense of particularly complex court martial
Senior defense counsel
ADC are supported by the defense paralegals, who are _____ personnel
Enlisted
What is the military equivalent of civilian arrest
Apprehension
Apprehension requires probable cause. When does probable cause exist
When there are reasonable grounds to believe that an offense was committed and that the person committed it
When is anon law enforcement NCO allowed to apprehend an officer
Under specific orders from a commissioned officer. To prevent disgrace to the service. To prevent a serious offense or the escape of someone who committed one
Name four kinds of pretrial restraint
- Conditions on Liberty
- Restrictions in lieu of arrest
- Arrest
- Confinement
Which type of pretrial restraint directs a person to do or refrain from doing specified acts
Conditions on liberty (however, it must not hinder pretrial preparation)
How does restriction in lieu of arrest differ from arrest
Restriction is less sever, usually confines the offender to broader geographic limits and allows the performance of full military duties unless directed otherwise
In the armed force is arrest a physical or a moral restraint
Moral (It directs a person to remain within specified limits but doesn’t physically retrain them)
Is a person under arrest expected to perform full military duties
No
_____ is a physical restraint such as imprisonment
Confinement
When are individuals put in pretrial confinement
Only when lesser forms of pretrial restraint are inadequate
Persons in pretrial confinement have a right to what kind of counsel
Civilian counsel (at their own expense) or military counsel (at governments expense)
Pretrial restraint may only be ordered under what circumstances
When theirs a reasonable belief that the person committed an offense tribal by court martial and the circumstances require restraint
When is a search reasonable
When the authorization to search is based on probable cause and particularly describes the place to be searched and persons or things to be seized
Define “Probable Cause” as it relates to a search.
Reasonable believe that who or what is being sought is located in the place or on the person being searched
Define Authorization to search
Express written or oral permission to search a person or area for specified property, evidence for a specific person and to seize such property evidence or person. (the military counterpart to search warrant)
Who can authorize a search and seizers over anyone subject to military law or anywhere on the installation
Commanders, military judges, installation commanders and magistrates
The installation commander has discretion to appoint, in writing, up to _____ military magistrates who may also authorize search and seizure ( including apprehension ) requests
Two (Each magistrate must receive training provided by the SJA on search and seizure issues)
Commanders may conduct inspections of their units. Can contraband uncovered during proper inspection be seized and admissible in court.
Yes
How does an inspection differ from a search
Inspections are not focused on specific individuals or the collection of evidence
No judicial punishment is authorized under Article ____ of the UCMJ
Article 15 (it provides commanders a means to maintain good order and discipline without the stigma of a court martial convictions
Any AF member may received NJP under article 15 for minor offenses T/F
True
What types of no punitive disciplinary actions should commanders attempt before resorting to NJP
Counseling and administrative reprimands
an Article 15 cannot be imposed upon a member who demands trial by court martial T/F
True (A commander should not offer and Article 15 unless he or she is prepared to proceed with court martial charges
As it relates to NJP a ______ offense is typically one where the maximum imposable sentence does not include dishonorable discharge or confinement of more then one year
Minor (The commander considers the nature of the offense the offenders age grade duty assignments, record experience and the maximum sentence imposable for the offense if tried by a general court martial)
On what basis does the UCMJJ set the permissible types and extents of punishment under article 15
Limitations are based on the grade of the imposing commander and the offender
Reduction in grade is one type of permissible NJP on enlisted members List the other six
- Additional restrictions
- Correctional custody
- Forfeiture of pay
- reprimand
- restriction
- extra duties
What is the article 15 maximum number of days restriction or extra duties imposed by a lieutenant or captain? By a major or above?
14 days for a lieutenant or capt
45 days extra duties and 60 days restriction for a Major or above
What is the article 15 maximum number of days in correction custody imposed by a LT or Capt? Major or above
Seven days for LT or capt
30 days for Major or above
How is the Article 15 Authority to reduce the grade of SMSgts and CMSgt limited
They can be reduced one grade only by majcom commanders, commanders of unified or specified commands or commanders to whom promotion authority for these grads has been delegated
Do lts and capts have article 15 authority to impose grade reductions on TSgts
No (they do have authority to reduce AMn - SSgt by one grade)
Majors and above har article 15 authority to reduce amn, a1c, and sra to the rank of _____
AB
Do majors have article 15 authority to reduce the grade of MSgt
No (They do have authority to reduce AMN-TSgt
Frocked commanders may exercise only tat authority associated with their actual pay grad T/F
True (No authority is conferred by the frocked grade)
Who advises and helps the commander evaluate facts and determine what offense was committed through the NJP process
the Staff Judge Advocate
The military justice section of the base legal office prepares the AF IMT ______ record of NJP proceedings
AF IMT 3070
For NJP the commander forwards AF Form 3070A/B/C record of NJP to the member. What does this form stat
The alleged offenses, the members rights and the maximum punishment allowable
How long does a member have to decide wither to accept NJP
Three duty days (72 Hours)
After carefully considering all matters submitted by the member and consulting with the SJA which four decision can the commander make regarding an article 15.
- The member did not commit the offenses and proceedings are terminated
- Extenuation and mitigation factors make NJP inappropriate and proceedings are terminated
- The member committed one or more of the offenses
- The member committed one or more lesser included offenses instead
How can offenders appeal a commanders decision to impose NJP
Through command channels to the next superior authority (members my submit a written appeal within five calendar days)
Punishments may be stayed during the appeal process if the commander or appellate authority fail to take action on an appeal within five days after submission and if the member so requests T/F
False (Punishment are never stayed, but can be delayed until after appeal)
What three rulings may appellate courts make in regard to punishment relief requests.
They may deny all relief, grant partial relief or gran all relief requested by the member (The appellate authority’s decision is final)
Commanders have the power to suspend _____ or mitigate punishment of an Article 15
Remit
Why are suspended sentences encouraged for first offenders under article 15
To provide an observation period and an incentive for good behavior
______ cancels any unexecuted portion of a punishment under article 15
Remission
Commanders may reduce either the quantity or quality of an unexecuted portion of an article15 punishment through _______
Mitigation (a reduction in grade can be mitigated to a forfeiture e of pay)
_____ cancels the article 15 punishment when, under all the circumstances of the case, the punishment resulted in a clear injustice
Set-asid (any property, privilege or right affected by the portion of the punishment set aside are also restored)
What are the three types of courts martial
- Summary Court Martial (SCM)
- Special Court Martial (SPCM)
- General Court martial (GCM)
A _____ Court martial tries minor offenses a _____ court martial tries intermediate offenses
Summary Court Martial Special Court Martial
How many active duty commissioned officers reside over a summary court martial
One
A person may not b tried by a summary court martial if he or she objects T/F
True (only consenting enlisted members may be tried by SCM)
Only enlisted members may be tried under summary court martial. Who is tri able under special and general court martial
Any person subject to the UCMJ
Any noncapital offense punishable under the UCMMJ is tribal by SCM and SPCM T/F
True
Who is the convening authority for a GCM
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 or SECAF
Which four UCMJ authorized punishments are not allowed in SPCM
- Death
- Dishonorable discharge
- Dismissal of an officer
4 Confinement for more then one year
A SPCM tries non capital offenses and consists of a military judge and a panel of ____ or more members
Three (Enlisted accused can ask that at least 1/3 of the panel be enlisted members. Any accused may ask for atrial by military judge alone)
A _____ court martial tries the most serious offenses
General Court Martial
The GCM is composed of a military judge and at least _____ member panel that may include when requested at least one third enlisted members
5 - Members
The accused in a GCM may request trial by military judge alone except in which cases
Capital cases (when a sentence of death may be judged)
How is maximum punishment under GCM limited
it is limited only by the maximum allowable punishment under the UCMJ for the offenses and may extend to death
Court martial procedures include what three steps
Trial
Findings and sentence
Post trial procedures
Who is generally the convening authority for courts martial
The wing or NAF commander (He or she selects the court martial panel)
What grade must court martial panel member be
Senior in grade to the accused (they also must be the best qualified)
What is the court martial verdict called
The findings (a not guilty verdict is called an acquittal)
How many members of the court martial panel must concur for a finding of guilty
At least 2/3
What court martial panel vote is required for a death sentence
A unanimous vote by a panel of 12 members
What court martial panel vote is required for confinement exceeding 10 years
3/4 concurrence
Who must review the complete court martial record before the convening authority acts on the findings and sentence
The staff judge advocate
When applicable the SJA provides the convening authority a clear and concise _____+ recommendation
Written
The convening authority must act on every case after a court martial T/F
True
List several actions the convening authority can take when reviewing court marital records
Approve or disapprove any portion of the findings or sentence
mitigate the sentence
suspend a sentence (Except a death sentence
order a rehearing
defer forfeiture of pay and allowances, reduction in grade or a sentence of confinement
Which court martial sentence cannot be suspended by the convening authority
A death sentence
List the four levels included in the appeal process of UCMJ, in ascending order
- The judge Advocate General (TJAG)
- US AF Court of Criminal Appeals (AFCCA)
- US Court of Appeals for the Armed Forces (USCAAF)
- US Supreme Court
Who reviews records of trial for any general court martial not otherwise reviewed under article 66 of the UCMJ if there is a finding of guilty and the accused does not waive or withdraw his or her right to appellate review under article 61
The office of the Judge Advocate General (TJAG)
What is the first level of forma appellate review
The AF court of Criminal Appeals (AFCC) ( It may approve, disapprove or modify the findings and sentence)
Which court martial findings are reviewed by the US AF of Criminal Appeals
- Death Sentences
- Dismissal of Commissioned officers
- Punitive discharges
- Confinements of one year or more
Name the highest appellate court in the military justice system.
The US Court of Appeals for the Armed Forces (USCAAF) (It reviews all death penalty cases and cases forwarded by the Judge Advocate General (TJAG)
Is the US Court of Appeals for the armed forces (USCAAF) composed of five military or five civilian judges
Five civilian judges appointed by the president
The accused may petition for the US Court of appeals for the Armed Forces Review of his or her case T/F
True
Decision of the _____ May be reviewed by the use Supreme Court
US Court of Appeals for the Armed Forces (USCAAF)
Military justice requires an nco to be familiar with the UCMJ and correct marginal or substandard behavior or duty performance of subordinates, support the commanders application of military justice, report violation and be prepared to investigate incidents. Name three other general responsibilities
- know the rules for apprehending, arresting and confining violators
- Generally counsel AMN on their legal rights and refer them to proper legal authorities
- Lead and counsel individuals receiving article 15 punishment
