Vol 2-1 Flashcards by Yessi n/a

How must Airmen who want to voluntarily leave the active service PETS, request his/her separation?

Virtual Military personnel flight (vMPF)

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What agency helps Airmen apply for voluntary separation?

MPS personnel relocation element

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Who has the authority to disapprove a separation for a conscientious objector case?

secretary of the AF

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What must commanders ensure has been done before recommending an involuntary convenience of the government discharge?

that all efforts of rehabilitation have been done

2. that the discharge does not warrant a discharge for cause

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What type of separation allows the parent or guardian apply for a discharge of an Airman who was 17 at the time the facts became known?

enlistment of minors -defective enlistments

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If an Airman with less than 180 days of service is documented as lacking aptitude for military service, what type of separation is appropriate for this Airman?

entry-level separation

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What two procedures are used for processing discharge actions under AFI 36–3208?

notification procedure or board hearing/board waiver procedure

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List the minimum required documents to be included in a discharge folder.

CC recommendation with attachments
notification letter with attachments
addendum to the notification letter
airmen receipt of notification letter
airman’s statement with or without attachments
medical examination

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What are the three subsequent decisions the SPCMCA must make if he or she decides a notification procedure case warrants a discharge?

the characterization
if member should be offered probation or rehab
which reason will be cited as the primary reason for discharge if more than one reason is involved

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What is the maximum number of days a member has to respond to a discharge notification when he or she is entitled to a board hearing?

7 duty days

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What document is considered a statement waiving the administrative discharge board proceedings?

a conditional waiver

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What program provides Airmen subject to administrative discharge an opportunity to stay in the Air Force and receive help so he/she may be able to serve until his or her ETS?

the AF probation and rehabilitation program

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What are the four basic decisions and recommendations an administrative discharge board must make?

Is there a reason for discharge
should the member be discharged
characterization
should the member be given a chance for P&R

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Who swears in the recorder at an administrative discharge board hearing?

the legal advisor

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Who is responsible for authenticating the report of the discharge board?

the legal advisor

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What is the standard of evidence for a board procedure?

preponderance of evidence

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What category of officers can be discharged by the Secretary of the Air Force without a personal hearing?

regular probationary commissioned offers with less than 5 years of total active service

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What directive covers administrative discharge procedures for officers having substandard duty performance?

AFI 32-3206

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What is the authority for officer administrative separations?

AFI 36-3207

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List the reasons for separation of officers under AFI 36–3206.

substandard performance of duty
misconduct or moral or professional derelection
fear of flying
interest of national security
officer who is sentences by CM to a period of confinement for more than 6 months and not sentenced to dismissal
HIV related
unprofessional relationship by person serving in a position of trust

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What is the purpose of a board of inquiry?

to give respondents who face discharge proceedings a fair and impartial hearing, make case findings, and recommend whether the AF should retain or discharge officers

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When a BOI recommends discharge, what is the maximum number of days HQ AFPC/DPSOS has to send the BOI case to HQ USAF/JAA?

within 5 calendar days after receiving it

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What Air Force directive governs administrative demotion of Airmen?

AFI 36-2502

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When would the SAF order reductions in grade?

to significantly reduce the AF strength and/or grade levels

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What would the effective date of the retirement be if an Airman elects retirement in lieu of demotion action?

not later than the 1st day of the 4th month after the member is initially notified of the demotion action

What time limit exists for Airmen to apply for retirement in lieu of demotion under AFI 36– 2502?

application made no later than 3 working days after the member acknowledges the initial demotion notification memorandum

What form is used to document a non-verbal counseling?

AF Form 174

What four parts must a written letter of counseling, admonishment, or reprimand include?

1. what type of letter it is 2. body of the letter should reflect the member's actions 3. letter should include expected improvement and a warning 4. final paragraph should include a privacy act statement

What is the maximum period that a person’s name can be on a control roster?

6 months (12 months for reservist)

Upon receipt of a commander’s notification of intent to file optional material in a UIF, how long does a member have to respond?

3 duty days (30 calendar days for reservist)

Which form is the concise summary of all actions taken on a member’s UIF?

AF Form 1137

What is the maximum amount of time that documents may be retained in a member’s UIF?

anywhere from 6 months to 4 years, depending on the type of action and if the member is enlisted or an officer

When notified of his or her commander’s option to file documents into the member’s officer selection record, what does the member have the right to submit?

member can submit a rebuttal, mitigation, or circumstances for consideration statement in AF Form 3070

What will the commander consider when determining if an officer will be recommended not qualified for promotion?

if the officer has not met the requirements for exemplary conduct or is not mentally, physically, morally, or professionally qualified to perform the duties of the next higher grade

If an officer requested to retire in lieu of an administrative or judicial action, what determination must be made?

officer grade determination

What instruction prescribes the Air Force Drug Testing Program and assigns responsibility for carrying out the program at installation level?

AAFMAN 44-147: Military Drug Demand Reduction Program

As a minimum, how often are inspections required for the DDRP? As a minimum, how often should audits be performed on sample collection procedures at GSUs?

No less than quarterly!

Within the legal assistance program, who has responsibility for each of the following: 1. Determining the nature and extent of the legal services available at a base-level legal office. 2. Briefing the office staff, including Reservists, on the purposes of legal assistance. 3. Supervising functional program staffs within their commands. 4. Communicating with the American Bar Association and other associations necessary to further the legal assistance program.

1. SJA 2. SJA or designee 3. MAJCOM, FOA, or DRU/SJA 4. TJAG

What three items should you be definite about when scheduling an appointment?

time, date, and place

On what matters can legal assistance officers provide advice to eligible personnel?

personal, civil legal matters

In what situations may the SJA make a determination to refer clients seeking legal assistance with personal civil legal matters to other legal agencies?

If the SJA determines the workload or lack of expertise in a specialized area of the law could impair the quality of legal service

In what situations would you refer a client to an appropriate military defense counsel?

refer clients to the area defense counsel for civilian criminal matters, adverse action under the UCMJ, adverse administrative action, subject to CM, or other disciplinary action

What is one exception to the confidentiality and privileged status of legal services communications?

a client statement with intent to commit a crime

What types of client information is maintained in WebLIONS?

name, SSAN, military status, branch of service, mailing address, legal residence, #, email, sponsor info, name of attorney or paralegal consulted, nature of the problem, action taken by attorney, name of the individual or agency to which the matter was referred

When a client enters your office, what is the first thing you will do?

ask for their military ID

When is a power of attorney automatically revoked?

upon death of grantor, the date specified on the document, or when the original and all copies are destroyed

What items are included in a workload report?

lists each member of your office, how many visitors they have seen for a given period, the average time clients had to wait to be seen, and the documents provided by the attorney or paralegal

What report lists, by category, how much money clients were saved through the legal assistance program?

client savings report

When signing documents in his/her official capacity, what information must a notary include?

1. date and location 2. her/his title and office 3. use a raised or inked stamp citing federal or state authority for civilian designated

What item must all military and civilian legal assistance notaries maintain?

a notary log

Actual signing and notarizing of a will according to procedural requirements of applicable law.

Execution

States a person’s desires regarding the termination of life support in the event of a terminal, incurable medical condition, during which the person is incapable of competently communicating his/her desires.

living will

A testator giving personal property.

bequeath

A person lawfully vested with the power and charged with the duty of taking care of and managing the person and/or property of another whom, because of status, age, understanding, or self-control, is determined to be incapable of administering his/her own affairs.

guardian

The individual who is responsible for holding and keeping the trust property for the benefit of the beneficiaries.

trustee

When a trustor creates one trust, with pooled assets for all of the beneficiaries, and with one trustee.

single trust

When a gift fails or goes away. When ademption occurs, the estate is not liable for the value of the gift to the intended beneficiary.

adeem

The property shall be distributed in equal shares among the children, with the issue of deceased children dividing their deceased parent’s share equally.

per stripes

A testator giving real property.

devise

Land and everything that is permanently affixed to land, such as, structures and the fixtures within structures.

real property

What action does a court take when a person dies intestate?

distributes the estate according to the state law; appoints an administrator, and designates guardians for minor children when necessary

Once a will is finalized, what is the last step in the process?

execution

What is a living will?

state's a person's desires regarding the termination of life support in the event of a terminal, incurable medical condition

Aside from wills, POAs, and notary acts, what are some common legal documents/issues we may assist clients with?

notice of revocation, affidavits, bills of sale, divorce/separation agreements; survivor benefits; finance, banking, and debt issues; landlord/tenant issues, and child custody

Who supervises and manages the tax assistance programs at the base level?

SJAs

Where do you report final tax assistance statistics?

in TPRS through JAGUARS

What is the purpose of the preventive law program?

to educate CC, AF members, and their families on legal issues so they can prevent legal problems and reduce the time and resources needed to resolve legal problems

Who is responsible for monitoring and carrying out the overall administration of the preventive law program?

AFLOA/CLSL

At base level, who is charged with developing and implementing educational initiatives as a primary duty?

chief preventative law or preventive law officer

What information is covered under the preventive law program

education and recommend preventive measure in legal areas where the AF has a direct interest in the outcome, as well as those likely to impact base readiness and morale

What information should be stressed when covering mobilization and deployment preparation issues?

stress the importance of preparing a will, POA, and other necessary docs before deployment

How is the US Air Force Legal Assistance Website organized?

3 broad categories: legal information, legal worksheets, and online survey

What methods does the Air Force use to gain information about a particular situation?

inquiry and investigation

What is the difference between an inquiry and an investigation?

inquiry: examination into facts and principles investigation: properly authorized systematic, detailed examination to uncover the facts and determined the truth of the matter

Who takes final action on an investigation report submitted by the investigating officer?

MAJCOM CC

Who is authorized to appoint an officer to conduct an inquiry?

any CC or competent authority

How does HQ USAF/IG handle the complaints it receives?

- referred to a subordinate CC for inquiry/investigation upon which the AF may make a reply - referred to the responsible AF agency - investigated by the USAF IG for processing - referred to the field of action

List the three types of written reports.

- Report of Review - Report of Inquiry - Report of Investigation

What are the types of conscientious objector classifications?

Class 0-1: objects to participation of any kind of war | Class 1-A-0: objects to participation in combat (no arms)

Who must interview the CO applicant prior to the processing of his/her application?

the chaplain and psychiatrist

What requirements must an investigative officer meet to be appointed to conduct a CO hearing?

JA at the grade of captain or higher

Who is the final approval authority for an officer CO applicant? For an enlisted applicant?

Officer- SAF | Enlisted- HQ AFPC, ANGRC/DPM, HQ AFRC/CV, HQ ARPC/CC

What is the definition of a wrong?

discretionary act or omission by a CC that adversely affects the member personally

Name the complaints not processed under Article 138, UCMJ.

complaints relating to military discipline under the UCMJ, including Article 15; a performance report or evaluation system; a suspension from flying status; or assessment of pecuniary liability

To whom does an individual forward an application for redress?

his or her CC

When should an application for redress be made?

within 90 days from the discovered wrong