SOBs Flashcards
Differentiate between articles 2, 7, 15, and 31 of the UCMJ
Art 2: subject persons
Art 7: apprehension
Art 15: commanding officers non-judicial punishment
Art 31: no compulsory self incrimination
Describe the need for a separate legal system for the military
• Global/deployable • Crimes unique to the military o Adultery o AWOL o Conduct unbecoming o Fraudulent enlistment o Disrespect superior o Disobeying superior o Failure to obey a lawful order o maltreatment
Identify the methods used to maintain discipline
• Administrative action o Unfavorable info o Control roster o Reenlistment request denial o Demotion o Admin discharge o Performance report o Letter of counselling o Verbal counselling • Nonjudicial punishment [Article 15] o Disciplinary measure o Imposed by commander Commander serves as judge and jury Punishment limited • No criminal record • No confinement o More serious than administrative offense o Less serious than a court-martial o For “minor offenses” but serious misconduct o Servicemember can decline and go to a court martial Accepting Article 15 doesn’t admit guilt o Punishments: Limited by rank and member Enlisted: • Re-motivation • Reduction in grade/forfeiture of pay • Reprimand, restriction, and extra duty Officer: • Forfeiture of pay • Reprimand • Arrest in quarters • Restriction o See slides for chart comparing to Court Martial • Courts Martial o Last resort o See chart in slides o Article 31 is UCMJ version of Miranda o Jury members have to outrank defendant o Right against self-incrimination o Right to free counsel o Right against unreasonable searches and seizures
Identify the three types of courts-martial
- Summary
- Special
- General
Describe the functions of the Staff Judge Advocate (SJA)
o Advise and assist CC and LE
o Prosecute
Describe the functions of the Area Defense Counsel (ADC)
o Separate defense services agency o Implemented by Air Force 1974 o Advise members o Defend members o One to two each base
State the Department of Defense (DOD) policy on substance abuse
It is DOD policy to prevent and eliminate drug and alcohol abuse and dependence from the DOD.
• Specifically, the policy is to:
o deter and identify drug and alcohol abuse and dependence that exist on installations and facilities under DOD control;
o not access military personnel or hire civilian employees who are drug dependent or active drug abusers;
o periodically assess the extent of drug and alcohol abuse in the DOD;
o provide education and training on DOD policies for drug and alcohol abuse and/or dependency;
o prohibit DOD personnel from possessing, selling, or using drugs or alcohol other than in accordance with laws, regulations, and policy;
o prohibit military members and DOD civilian from possessing, selling, or using drug abuse paraphernalia;
o prohibit the possession or sale of drug abuse paraphernalia on DOD installations.
State the steps a supervisor should take when a subordinate’s duty performance reveals a possible substance abuse problem
- counseling,
- referral,
- reprimand, and
- discharge
State the five methods for identifying substance abusers
- Arrest, Apprehension, or Investigation
- Incident to Medical Care
- Commander Referral
- Drug Testing
- Self-identification
Identify how the results of the four methods of urinalysis testing may or may not be used
Inspection Under Military Rule of Evidence
o To refer a member to life skills
o As evidence to support disciplinary action under the UCMJ or administrative discharge action
o Consideration on the issue of characterization of discharge in separation proceedings
UCMJ PC Search and Seizure: results may be used
o Refer a member to life skills
o To support/as evidence in disciplinary action under the UCMJ or administrative discharge
o A consideration on the issue of characterization of discharge in separation proceedings
Command-directed exam: results may be used
o To refer a member to life skills
o Administrative discharge
o NOT in any disciplinary action under the UCMJ or on the issue of characterization of discharge in separation proceedings
Medical purposes: results may be used
o to refer a member to Life Skills
o as evidence to support disciplinary action under the UCMJ
o as evidence to support administrative discharge action
o maybe considered on the issue of characterization of discharge in separation proceedings
Describe the Alcohol/Drug Abuse Prevention and Treatment (ADAPT) program
• Primary objective:
o Promote readiness and health and wellness through treatment and prevention of substance abuse
o Minimize the negative consequences of substance abuse to individual, family, and organization
o Provide comprehensive education and treatment to individuals who experience problems attributed to substance abuse
o Return identified substance abusers to unrestricted duty status or assist in transition to civilian life
Commanders still responsible for appropriate administrative actions such as discharge
o
• Treatment team meeting
o Non-clinical services
o Clinical services
• Program encouragement
• Transitional counselling
Define UPRs
o Any personal relationship
o Pursued on or off duty
o That detracts from authority of superiors or results in or reasonably creates the appearance of favoritism, misuse of position, or abandonment or organizational goals
o For personal interests
• Ask self:
o Is there command authority in the relationship?
o Is there supervisory authority?
o Is there rank disparity
Define fraternization
A personal relationship between an officer and enlisted member which violates the customary bounds of acceptable behavior in the Air Force and prejudices good order and discipline, discredits the armed services, or operates to the personal disgrace or dishonor of the officer involved
State the Air Force policy on professional relationships, UPRs and fraternization
• No gambling
• No sexual relationship
• No borrowing money or indebtedness
• No Shared living accommodations
• No Business ventures or soliciting sales
• Pre-existing marriage/serious relationships ok
• May have infrequent, professional social contacts with enlisted members if separation maintained
o Don’t use first names
• If unsure, just ask the commander
• Can get court-martialed UCMJ
o Art 92: violation of reg
Lawful regulation exists
Accused had duty to obey
Accused failed to obey
o Art 134: fraternization (only officer can be charged)
Accused was commissioned
Accused fraternized
Accused knew person was enlisted member
Frat violated the custom of the service against frat on terms of military equality
Prejudicial to GOAD or service discrediting
o Art 133: conduct unbecoming
List the elements of fraternization
Accused must be an officer or warrant officer
There must be an officer and enlisted involved
The accused must have known the member is enlisted
Must be specifically prohibited by the military service
Must be service discrediting
State your responsibilities as a professional military officer for reporting a violation of the Law of Armed Conflict
• If at any time, you become aware of a violation of the Law of Armed Conflict, you are to report the violation to your immediate commander.
o The immediate commander is the lowest ranking individual with command responsibilities. This person may be different from your supervisor, who may or may not have command responsibility.
• If the commander is apparently involved in the incident, then the report should be made to the next higher person with command authority.
• The commander will then consult the Staff Judge Advocate and the proper investigative agency to deal with the violation
Name the two series of treaties that have the greatest influence on the Law of Armed Conflict
- Hague conventions
* Geneva conventions
List the people who are entitled to Prisoner of War status under the Law of Armed Conflict
Members of armed forces
o uniformed, armed, and subject to an internal disciplinary system which includes a chain of command.
o Militia and volunteer units would also constitute part of the armed force.
o NOT mercenaries
Civilians who
o Are being invaded
o Openly carry arms
o Generally abide by the law of armed conflict
Civilians who accompany the armed forces, news correspondents, technical representatives, and supply contractors
Resistance groups where
o The force has a responsible command structure.
o The members wear a fixed distinctive insignia recognizable at a distance and they are distinguishable from the civilian population.
o The members carry their arms openly.
o The resistance must conduct its operations in accordance with the laws of armed conflict.
State when aircraft can attack targets located in an area densely populated with civilians
air forces can attack key military targets in heavily populated areas so long as the overall military gains outweigh the risks posed to the civilian population.
Identify the types of economic sanctions available to enforce the laws of war
- Embargoes
- boycotts
- blockades
- seizure of property belonging to the offending state
Explain Kelley’s Two-Dimensional Model of Follower Behavior
• Passive/active axis and independent critical thinker/dependent uncritical thinking axis • Sheep: o Passive, dependent uncritical thinker o Lacks initiative o Does not play active role o Simply comply with any order given • Yes people: (conformist) o Active, dependent uncritical thinker o Readily carries out orders uncritically o Says what he thinks the boss wants to hear • Survivors: o Do just enough to get by o Rarely committed to work/group goals o Mediocre performer o “ROAD” – Retired on Active Duty • Effective follower: o Active, independent critical thinker o Work with others o Does not hesitate to express concerns o Problem solver o Reflects on mission goals • Alienated followers: o Passive, independent critical thinkers o Festering wounds o Criticizes but never offers constructive support
Identify the characteristics of the effective follower. [be able to recognize; see slides]
• Exemplify AF Core Values • Decision Making o Sound thought processes o Achievement through teamwork • Communication Skills o Listening ability o Reading comprehension o Tactful feedback • Commitment o Displays loyalty o Fully supportive of the mission and leadership o Willing to go the “extra mile” • Problem Solving o Wants to be challenged o Desires responsibility • Organizational Understanding • Flexibility • Competence o Never stops learning o Actions speak louder than words o Not afraid to share information • Courage o Stands up for what’s right o Knows when to speak o Knows when to be quiet • Enthusiasm o Passion and Excitement o Positive Attitude
State the purpose of the ACA
• Tell airman how he is doing
• To talk about
o Responsibility
o Accountability
o Air force culture
o Airman’s critical role in support of the mission
o Individual readiness
o Performance feedback on expectations to include information to assist the rate in achieving success
• Formal, written communication between a rater and rate to communicate
o Face to face meeting
• Learn strength and weaknesses
• Set and clarify expectations
• Discuss objectives, standards, behavior, and performance
o Written progress report before and after official evaluation is due
• Does not go into a person’s official record
Identify which Airmen are required to receive an ACA
AB - Col
State when ACA sessions are held for each rank
CMsgt/Col
* initial session within 60 days of being assigned a rater
AB - SMSgt/2d - Lt Col
- initial session within 60 days of being assigned a rater
- midterm session around 180 days
AB - TSgt/2d - Lt - Capt
- initial session within 60 days of being assigned a rater
- midterm session around 180 days
- end-of reporting period
Describe the sources of rater errors
• Rating performance as “outstanding” when it isn’t
• Halo/Horns effect
o Where rater lets overall impression influence ratings
i. Well-liked people get favorable ratings
ii. Disliked people get unfavorable ratings
• Limited observation and poor recall
o Overlooking improvements on past performances
o Stereotypes
o Judging on most recent experiences rather than the entire period
