Volume 2 Flashcards
How must Airmen who want to voluntarily leave the active service PETS, request his/her separation?
Submit his/her separation request using the virtual MPF (vMPF).
What agency helps Airmen apply for voluntary separation?
The MPS personnel relocation element.
Who may exercise separation authority?
General officers who command units, commanders of divisions or wings, commanders who exercise special
or general court-martial jurisdiction, and others specifically designated by HQ AFMPC/DPSOS.
Who has the authority to disapprove a separation for a conscientious objector case?
Secretary of the Air Force.
What must commanders ensure has been done before recommending an involuntary convenience of the government discharge?
That an effort has been made to meet all rehabilitation requirements of AFI 36–3208, and the circumstances do not warrant discharge for cause.
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 (chapter 5, section C - Defective Enlistments).
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.
What two procedures are used for processing discharge actions under AFI 36–3208?
Notification procedure and board hearing or board waiver procedure.
List the minimum required documents to be included in a discharge folder.
The commander’s recommendation with attachments,
notification letter with attachments,
addendum to the notification letter (if applicable),
the Airman’s receipt of notification letter,
the Airman’s statement with or without attachments,
and the medical examination (if available)
What are the three subsequent decisions the SPCMCA must make if he or she decides a notification procedure case warrants a discharge?
The characterization of the discharge,
Whether the member should be offered probation and rehabilitation, and
which reason will be cited as the primary reason for discharge if more than one reason is involved (dual processing).
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?
Seven duty days
What document is considered a statement waiving the administrative discharge board proceedings?
A conditional waiver
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 Air Force Probation and Rehabilitation Program
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, what service characterization the respondent should receive for the current enlistment, and should the respondent be given an opportunity for P&R.
What is the minimum number of voting members for an administrative discharge board?
Three
Who swears in the recorder at an administrative discharge board hearing?
The legal advisor
Who is responsible for authenticating the report of the discharge board?
The legal advisor or, in his or her absence, the president and the recorder.
Under what circumstance may a civilian attorney represent a respondent during a discharge board?
At the respondent’s own expense.
What is the standard of evidence for a board procedure?
Preponderance of the evidence.
What category of officers can be discharged by the Secretary of the Air Force without a personal hearing?
Regular probationary commissioned officers with less than five years of total active federal commissioned
service in the Regular Air Force.
What directive covers administrative discharge procedures for officers having substandard duty performance?
AFI 36-3206
What is the authority for officer administrative separations?
AFI 36-3207
List the reasons for separation of officers under AFI 36–3206.
Substandard performance of duty; misconduct or moral or professional dereliction; fear of flying; the interests of national security; an officer who is sentenced by court-martial to a period of confinement for more than six months and not sentenced to a dismissal; HIV-related reasons; or unprofessional relationship by person serving in a position of trust.
What regulation provides for voluntary separation of officers?
AFI 36-3207
What is the purpose of a board of inquiry (only for officers)?
To give respondents who face discharge proceedings a fair and impartial hearing, make case findings, and recommend whether the Air Force should retain or discharge officers.
What characterization of discharge may officers receive?
Honorable, general (under honorable conditions), or UOTHC.
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 five calendar days after receiving it.
What Air Force directive governs administrative demotion of Airmen?
AFI 36–2502.
When would the SAF order reductions in grade?
To significantly reduce the Air Force strength and/or grade levels.
Who has the authority to demote an Airman?
The group commander, or equivalent level commander, may demote MSgts and below. MAJCOM, FOA, or DRU commanders may demote chief master and senior master sergeants.
What would the effective date of the retirement be if an Airman elects retirement in lieu of demotion action?
Not later than the first day of the fourth 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 for retirement in lieu of demotion must be made no later than three working days after the member acknowledges the initial demotion notification memorandum.
What must the immediate commander include in the demotion action case file when an Airman elects to have a personal hearing?
A written summary of the personal hearing
What is the effective DOR for an Airman demoted as a result of termination of student status?
The date on which the Airman first performed service in the reduced grade (original date of rank).
What circumstances would cause a revocation of demotion order be published?
When the demotion authority determines the order was published without basis of authority.
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) Subject of the letter should identify whether it is a counseling, admonition, or reprimand.
(2) Body of the letter should reflect what the member did or did not do.
(3) Letter should include expected improvement and a warning that other severe action could result if the behavior is repeated.
(4) The final paragraph should include a Privacy Act statement and require written acknowledgment from the member.
Within how many days does a person who initiates an RIC/LOC, LOA, or LOR have to advise the individual of his or her final decision regarding any comments submitted by the individual?
Three duty days (30 calendar days for non-extended active duty reservists).
What is the purpose of the control roster?
The control roster was created to reflect the names of Airmen, officer and enlisted; whose substandard conduct or duty performances require special observation and gives the member a chance to improve his or her conduct.
Who has the power to place members of their units on the control roster?
Commanders at all levels.
What is the maximum period that a person’s name can be on a control roster?
6 months (12 months for reserve personnel with permission from HQ AFRC or HQ ARPC).
Upon receipt of a commander’s notification of intent to file optional material in a UIF, how long does a member have to respond?
Three duty days (30 calendar days from the date of receipt of the certified letter for non-extended active duty reservists).
What actions may a commander take on optional unfavorable information?
File it in a UIF, destroy it, return it to the originator, or place the information in the member’s unit assigned PIF located in the office of the commander’s support staff.
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 six months to four years, depending on the type of action and whether the member is an officer or enlisted.
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?
The individual acknowledges receipt of the notification and right to submit a statement, if any, of rebuttal, mitigation, or circumstances for consideration on the AF Form 3070.
After the MPS career development element suspenses an officer NJP, where is a copy of the review authority’s decision forwarded when the final action is complete?
Officer Command Selection Record Group custodian.
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?
AFMAN 44-197, Military Drug Demand Reduction Program.
At base level, what areas are the SJA responsible for in support of the drug testing program?
Advising commanders, the DDRPM, DTPAM, and other base officials and agencies regarding legal aspects of the drug testing program;
advising and coordinating on all requests for urinalysis drug testing other than routine random inspection testing (i.e., unit sweep inspections, consent, probable cause, and commander directed testing);
evaluating all requests by service members for independent retest;
requesting in writing to the appropriate drug testing laboratory an extension to retain a positive specimen for administrative or UCMJ actions that will extend beyond one year. The local SJA is responsible for notifying the drug testing laboratory when further retention of the specimen is no longer necessary;
providing, in coordination with the DDRPM, training sessions for observers on the collection and observation processes of the drug urinalysis program;
periodically monitoring compliance with chain of custody collection procedures at base level under applicable DODDs, DODIs, AFIs, and policies;
and inspecting the program itself to ensure compliance with AFMAN 44-197.
As a minimum, how often are inspections required for the DDRP?
No less than quarterly.
As a minimum, how often should audits be performed on sample collection procedures at GSUs?
No less than annually.
Who has the responsibility for establishing and managing the Air Force legal assistance program?
TJAG. TJAG can delegate certain responsibilities for this program to the AFLOA/JACA.
Who is responsible for communicating with the local bar organization, legal aid offices, and appropriate federal and state agencies?
Wing/base SJA.
Within the legal assistance program, who has responsibility for each of the following:
a. Determining the nature and extent of the legal services available at a base-level legal office.
b. Briefing the office staff, including Reservists, on the purposes of legal assistance.
c. Supervising functional program staffs within their commands.
d. Communicating with the American Bar Association and other associations necessary to further
the legal assistance program.
a. SJA or designee.
b. Base SJA.
c. MAJCOM, FOA or DRU/SJA.
d. TJAG
How should you treat all visitors?
With respect, courtesy, and dignity. Do not ignore them.
What advantage does a military receptionist have over his or her civilian counterpart when receiving visitors?
Because most visitors are military personnel, it is easier to recognize a visitor’s rank and determine the last
name.
How should you address a visitor?
By rank and last name when possible, by using sir or ma’am, or “Mr.,” “Miss,” “Mrs.,” and “Ms.,” as appropriate.
What three items should you be definite about when scheduling an appointment?
Time, date, and place.
Where are appointments recorded?
Appointment log
Why may you have to cancel an appointment with a client?
Unforeseen circumstances
What should you be prepared to do when calling a client to cancel an appointment?
Have some alternate appointments available when you call to cancel
Among all eligible beneficiaries, what category of personnel is given the highest priority for legal assistance related matters?
Air Force personnel who need mobilization-or deployment-related legal assistance that facilitates command
readiness.
In each of the following situations, determine if the prospective client is eligible for legal assistance. If not, explain why.
a. Retired Master Sergeant Gatlin passed away three years ago. Ms. Gatlin, the unremarried widow, seeks legal advice on a power of attorney.
b. A DOD civilian employee stationed overseas seeks assistance on filing his taxes.
a. Eligible.
b. Eligible.
On what matters can legal assistance officers provide advice to eligible personnel?
Personal, civil legal matters.
What matters are excluded from the legal assistance program?
Official matters in which the Air Force has an interest or is involved in the final resolution; criminal issues under the UCMJ, or any local, state, or federal criminal law; issues on the standards of ethical conduct; issues relating to LoW; issues involving personal commercial businesses (unless such advice is related to the SCRA); legal issues or concerns raised on behalf of third parties, even if the third party is eligible for legal assistance; drafting or reviewing real estate sale or closing documents, separation agreements or divorce decrees, and inter vivos (living) trusts; private organizations (e.g., spouses clubs and squadron booster clubs) that have been chartered to function on Air Force installations. However, under the provisions of the civil law program, Air Force attorneys may provide legal guidance and advice through the base private organizations monitor to ensure private organizations are properly chartered and comply with pertinent statutes and regulations; and represent clients in a court or administrative proceeding.
Who determines if an attorney has the expertise to provide special services to legal assistance clients, such as drafting or reviewing real estate or closing documents?
SJA
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 a lack of expertise in a specialized area of the law could impair the quality of legal service.
What is the goal for referring legal assistance clients to other legal agencies?
To aid clients in consulting with an attorney competent to provide the required assistance.
When may a legal assistance office refer a client to a named civilian attorney?
Only in the most unusual cases, and then only with the advance approval or permission of the SJA.
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 court-martial charges, or other disciplinary action.
Where should you refer personnel for the following matters?
a. Airman Hampton did not receive a paycheck.
b. TSgt Smith wants a bad EPR removed from his records.
c. Captain Jones has a problem with one of his coworkers.
a. Financial services office.
b. Military personnel section.
c. Equal opportunity office.
What is meant by confidentiality?
Privileged matters are not to be disclosed to anyone by individuals rendering the services except upon the
specific permission of the person concerned.
How does confidentiality apply to your job as a paralegal?
You are an extension of the attorney-client relationship and are bound to keep all privileged information on
the client’s problem confidential. As a result, you must protect the attorney-client relationship.
When can individuals rendering services disclose privileged matters?
With the specific permission of the person concerned.
What is one exception to the confidentiality and privileged status of legal services
communications?
A client’s statement of intent to commit a crime.
Where must each office record their legal assistance visits and workload?
In WebLIONS.
What types of client information is maintained in WebLIONS?
Name, SSAN, military status, branch of service, grade (or sponsor grade), mailing address, legal residence,
phone number, email address, sponsor information (as applicable) and the organization of each person
given legal assistance; the date; the name of legal assistance officer or paralegal consulted; the nature of the
problem; action taken by the attorney; and, if appropriate, the 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 his/her military identification card to ensure the client is eligible for legal assistance.
Why is a special power of attorney more likely to be accepted than a general power of attorney?
Because the general POA allows for such a wide range of acts, many businesses will not accept them, to include many military offices such as Finance and Personnel offices. A special POA is more likely to be accepted because the document contains a specific act or acts to be done.
When is a power of attorney automatically revoked?
Upon death of grantor, on the date specified in the document, or when the original and all copies are destroyed.
What is a notice of revocation of a power of attorney?
A legal document that provides, in writing, a POA that was previously made is now revoked. It states the grantor is withdrawing the powers granted to the agent or attorney-in-fact in the POA.
What items are included in a workload report?
Lists each member of your office, how many visitors they have seen for a given time 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 saving report.
List the Air Force members who are authorized to perform as notaries for US armed services
members.
All judge advocates, including judge advocates of the Air Force Reserve whether or not in a duty status; civilian attorneys employed by the Air Force serving as legal assistance attorneys and who are licensed to practice law in the United States; all adjutants, assistant adjutants, and personnel adjutants, including reserve members on active duty or performing inactive duty training; enlisted paralegals on active duty or performing inactive duty training; active duty Air Force personnel who satisfy all three of the following criteria: a commissioned officer or senior noncommissioned officer (holding the rank of master sergeant or higher); stationed at a GSU or remote location where no judge advocate or paralegal notary is also assigned, and; appointed, in writing, by the unit’s servicing GCMCA SJA to exercise notary authority.
When signing documents in his/her official capacity, what information must a notary include?
The date and location, his/her title and office, and use a raised seal or inked stamp citing Title 10 U.S.C.§ 1044a (for military notaries) or state authority for civilians designated in AFI 51-304.
What item must all military and civilian legal assistance notaries maintain?
A personal log of notary acts performed.
List three types of property not covered by a will.
Life insurance beneficiaries, including SGLI; money from retirement plans; property held in joint tenancy with right of survivorship; any property placed in a living trust; a spouse’s half of community property; and some bank accounts and security accounts may be transferred by a beneficiary designation.
Generally, who should have a will?
Any person owning real or personal property or who has children.
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.
Prior to drafting a will, what document do you need to review?
The Will and Advance Medical Directive Worksheet.
When a client completes the Will and Advance Medical Directive Worksheet online, what is automatically provided to him/her upon completion of the worksheet?
A ticket number.
What action do you take to access a client’s worksheet once the client provides you with his/her ticket number?
You access the worksheet by logging into the US Air Force Legal Assistance administration site.
Once a will is finalized, what is the last step in the process?
Execution (the act of signing).
Before a client leaves your office with a new will, what information should you take the time to
explain?
Where the client should keep the will, the benefits of updating the will, the revocation process and caution about unintentional revocation, and the legal offices does not keep copies of wills.
What is a living will?
A living will states a person’s desires regarding the termination of life support in the event of a terminal, incurable medical condition.
What effect could lining out part of a will have?
It can invalidate the will.
What would you advise a client to do if he/she has a desire to change a will?
Seek the advice of a legal assistance officer to draw up and execute a new will.
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 commanders, Air Force 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?
The chief of preventive law or preventive law officer.
What information is covered under the preventive law program?
Preventive law programs focus on education and recommend preventive measures in legal areas where the Air Force 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, powers of attorney, and other necessary documents before deployment.
How does the US Air Force Legal Assistance Website enhance legal assistance?
Provides a valuable preventive law education tool through its “Legal Assistance Topics” section and enhances legal assistance by allowing clients to complete online worksheets for wills, healthcare documents, and powers of attorney. In addition, LAWS collects online feedback that allows us to identify areas of strength and weaknesses in our legal assistance program and to make adjustments as needed.
How is the US Air Force Legal Assistance Website organized?
Into three broad categories: legal information, legal worksheets, and the 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?
An inquiry is an examination into facts or principles and an investigation is a properly authorized, systematic, detailed examination to uncover the facts and determine the truth of a matter. An inquiry is adequate if the subject of the inquiry is not complex or of a serious nature, and the matter can be resolved
through routine channels and procedures, whereas the investigation is appropriate for determining facts in a
serious or complex matter.
Who takes final action on an investigation report submitted by the investigating officer?
MAJCOM commander.
Who is authorized to appoint an officer to conduct an inquiry?
Any commander or other competent authority.
How does HQ USAF/IG handle the complaints it receives?
Any of the following ways: referred to a subordinate command for inquiry/investigation upon which the Air Force may make a reply; referred to the responsible Air Force agency; investigated by the USAF IG for processing; or referred to the field for action.
After an inquiry or investigation is completed, all relevant facts must be reported to the appointing authority. List the three types of written reports.
Report of Review - May be a memorandum, letter, or report supported by appropriate documentation.
Report of Inquiry - Is usually prepared in narrative. It states the authority on which it is based, matters investigated, who was interviewed, and recites the facts established by the investigation. It may be submitted as a letter, a memorandum, or an indorsement to basic correspondence. Appropriate exhibits are included.
and Report of Investigation - Provides for a logical step-by-step layout. The recital of the facts, at the outset of the report, fixes the subject matter firmly in the reader’s mind, and leads naturally to the discussion. It assists the reader to independently reach conclusions.
What are the types of conscientious objector classifications?
COs are classified as either Class 1–0, a person, by reason of conscientious objection, sincerely objects to participation of any kind in war in any form, or
Class 1-A–0, which is a person, by reason of conscientious objection, sincerely objects to participation as a combatant in war in any form, but whose convictions or beliefs will permit him/her to serve in a noncombatant status(i.e., medical).
What does a CO applicant have to prove?
the nature or basis of the claim falls under the definition of conscientious objections as defined in AFI 36-3204, which is the firm, fixed, and sincere objection by reason of religious training and belief to participation in war in any form, or the bearing of arms;
the member’s belief is honest, sincere, and deeply held;
the member’s belief is by virtue of religious training or another belief system similar to religion; and
the member opposes participation in war in any form for the bearing of arms.
Who must interview the CO applicant prior to the processing of his/her application?
Chaplain and psychiatrist.
What requirements must an investigative officer meet to be appointed to conduct a CO hearing?
Judge advocate, in the grade of captain or higher.
Who is the final approval authority for an officer CO applicant? For an enlisted applicant?
Officers is the SAF or designated representative and
final approval authority for enlisted personnel is
HQ AFPC (active duty Airmen),
ANGRC/DPM (ANG Airmen),
HQ AFRC/CV (Reserve Unit Airmen), or
HQ ARPC/CC (all other Reserve Airmen).
What is the definition of a wrong?
A discretionary act or omission by a commander 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 nonjudicial punishment;
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 commander.
When should an application for redress be made?
Within 90 days of the discovered wrong.
If the complainant is refused redress by his or her commander, to who would the complaint of
wrong be sent?
GCM authority over the officer the complaint was made against.
According to AFI 90-401, what is the Air Force policy when responding to congressional inquiries?
To cooperate fully with Congress and give a full and timely response to congressional inquiries.
When may classified information be disclosed?
Only with the consent of SAF and in accordance with applicable DOD and AF regulations.
Why must Air Force officials get SAF approval before releasing information on changes in the status of Air Force units, installations, and industrial facilities?
Because this information may have an impact on state and congressional districts
For congressional inquiries to local commanders, what must be done within 24 hours of the receipt of the inquiry?
Fax a copy of the written inquiry to the SAF/LLI.
What are the types of investigations that involve aircraft or aerospace equipment?
Accident and safety investigations
Who is responsible for investigating accidents involving aircraft or aerospace equipment?
The MAJCOM commander who convened or would have convened the preceding safety investigation under AFI 91-204, also convenes the accident investigation. If two or more MAJCOMs are involved in the accident, the MAJCOM commanders must determine which command will assume investigative responsibility. In general, the command whose asset initiated the mishap will assume investigative responsibility.
When must an AIB investigation be convened?
For on-duty, Class A accidents involving Air Force aircraft, unmanned aerial systems, missiles, or space
accidents.
An accident report must be completed within how many days?
Within 30 calendar days after the start of the investigation, unless an extension is granted.
After the convening authority approves the AIB report, what is the next step in the AIB process?
The convening authority’s SJA coordinates with the convening authority’s PA for AIB report distribution
Who can fill the position of the AIB recorder?
A paralegal or a judge advocate.
What information is covered by the FOIA?
Government records.
What are reasons an FOIA request can be denied?
(1) Classified in the interest of national security or foreign policy, as specifically authorized under the criteria established by Executive Order and implemented by regulations;
(2) related to the internal personnel rules and practices of the DOD or any of its components;
(3) Concerning matters a statute specifically exempts from disclosure by terms that permit no discretion on the issue, or in accordance with criteria established by statute for withholding or referring to particular types of matters to be withheld;
(4) Containing trade secrets or commercial or financial information that a DOD component receives from a person or organization outside the government with the understanding the information or record will be retained on a privileged or confidential basis in accordance with customary handling of such records;
(5) Containing information considered privileged in litigation, primarily under the deliberative process privilege;
(6) Information in personnel and medical files, as well as similar personal information files that, if disclosed to a requester, other than the person about whom the information is about, would result in a clearly unwarranted invasion of personal privacy;
(7) Records or information compiled for law enforcement purposes; i.e., civil, criminal, or military law, including the implementation of Executive Orders or regulations issued pursuant to law;
(8) Containing in or related to examination, operation or condition reports prepared by, on behalf of, or for the use of any agency responsible for the regulation or supervision of financial institutions, and
(9) Containing geological and geophysical information and data (including maps) concerning wells.
When a FOIA request is denied, within what maximum time period may a requester appeal to the SAF?
Within 60 calendar days from date of initial denial.
If the denial of a FOIA request is upheld by SAF/GCA, what is the next step the requester may take?
The requester can file a suit in federal district court in an attempt to compel release.
What information is covered by the Privacy Act?
Records retrieved by name or other personal identifier of a US citizen or alien lawfully admitted for permanent residence and are subject to Privacy Act requirements and are referred to as a Privacy Act system of records
For first party access, what is the maximum time period to respond to all PA requests?
Within 20 workdays of receipt.
When soliciting information protected by the PA for the Air Force from an individual, what
requirement must be met?
The authority (whether granted by statute or executive order of the President) which authorizes the solicitation of the information;
the principal purpose(s) for which the information is intended to be used;
the routine uses which may be made of the information;
whether disclosure of the information is voluntary or mandatory; and
the affects, if any, of not providing all or any part of the requested information.
What is the next step in the process if a PA record will not be released under the PA?
The request must be processed under the FOIA and its governing procedures.
When a PA request is denied, within what maximum time period may a requester appeal to the AF privacy officer?
Within 60 calendar days from date of initial denial.
What is the overall responsibility of the FOIA/PA manager?
Processing requests for information that cite either the FOIA or the PA.
Who is the disclosure authority for all trial records for litigation and other investigations?
TJAG.
What action(s) are taken if the disclosure authority determines the Air Force may make material available under the FOIA or PA?
If the requester asked to inspect the record, tell the requester where and when it may be inspected and inform the requester of the amount of the fee, if applicable.
If the requester asked for a copy of the record, inform the requester of the fee and explain that the FOIA/PA manager will furnish the copy upon receipt of the fee. If the request is urgent, you may send a copy before payment.
Except as otherwise provided, who is responsible for determining whether official factual information is made available for use in litigation, unless the information is classified or privileged?
SJA
Under AFI 51-301, what situations do not apply to releasing official information or testimony by Air Force personnel?
Courts-martial by military departments or in administrative proceedings conducted by or on behalf of a DOD component;
administrative proceedings for the EEOC, the Merit Systems Protections Board, the Federal Labor Relations Authority, or a negotiated grievance procedure under a collective bargaining agreement to which the government is a party;
the DOHA or the DOHA Board;
and disclosing information to federal, state, and local prosecuting and law enforcement authorities for use in a criminal investigation by a DOD organization.
What agency is authorized to release all official unclassified Air Force information in cases in which the US is a party or has a direct or indirect interest?
The responsible AFLOA civil litigation division or HQ USAF/JAO (for official information to be released to, or used in foreign courts).
When may classified information be released for litigation?
Classified information cannot be released under any circumstances, unless proper authority first declassifies
the material
What options does an SJA have upon receiving a request for information for litigation?
Approve or deny (within his/her authority) the request;
consult the responsible AFLOA civil litigation division or HQ USAF/JAO for a decision; or
forward the request to the appropriate authority (FOIA or PA) to deny the request in accordance with the guidelines in DOD 5400.07_AFMAN 33-302 and AFI 33–332.
What information must be provided when requesting a decision from an AFLOA civil litigation division or HQ USAF/JAO regarding release of information?
Name of the litigation and parties;
name and location of the court or tribunal;
date litigation began and date of requested appearance;
name and address of requester and of party from whom the request was made;
type of action, subject matter, and a statement of the relevancy of the requested information;
copies of documents requested or a complete description of them if they are bulky or numerous; and
recommendations on the release and any other pertinent information.
What action is taken when a military member is subpoenaed and the release of requested information is prohibited by regulation?
The member, with the assistance of the legal office, will attempt to resolve the matter with the attorney requesting the information or the member will appear before the court and explain the situation.
What is the purpose of an LOD determination?
To determine if certain injuries, diseases, or deaths suffered by military members occurred while a member was in the line of duty or as the result of a member’s misconduct.
How are LOD determinations used?
As material evidence by a physical evaluation board to determine a member’s eligibility for benefits.
What is the governing directive for processing LOD actions?
AFI 36-2910
In what ways may a medical officer initiate an LOD determination?
Administrative or informal determination.
The content of a legal review for a LOD determination should include at least what three things?
(1) A summary of facts.
(2) Identification and discussion of issues.
(3) Opinion of legal sufficiency/correctness of findings.
What is the purpose of a ROS?
To determine if a member will be held monetarily liable when government property is lost, damaged, or destroyed.
What guidance does a paralegal use for processing a ROS?
DOD Financial Management Regulation 7000.14-R. Volume 12.
Can commanders take disciplinary action regardless of whether pecuniary liability is assessed
against a member in a ROS?
Yes; although pecuniary assessment must not be used instead of or as a form of disciplinary action, relief from pecuniary liability should not affect any decision about disciplinary action.
What six questions must an investigating official answer during the initial investigation for a ROS?
(1) What happened; (2) how; (3) where; (4) when; (5) who was involved; and (6) was there any evidence of negligence, misconduct, or deliberate unauthorized use or disposition of property.
In order to operate on base, through whom do private organizations submit a written constitution
and by-laws for consideration by the installation commander?
FSS/FSR, FSS/CC/CL, and SJA.
Which AFI governs private organizations?
AFI 34–223.
Who has the responsibility of approving the organizing and conducting of fundraising events at the local level?
Installation commander.
What should you consider when completing a legal review for a debarment?
Offense for which the debarment is being based, whether the debarment is warranted, how long the debarment order shall be legally in effect for (using local installation debarment matrices).
What form is used for the application and approval of off-duty employment?
AF Form 3902
The legal review for an off-duty employment form should have at least what two sections?
Background and discussion
What is the purpose of the off-duty employment legal review?
To indicate if there are relevant issues regarding the member’s off-duty employment that should be taken into consideration, and to make a recommendation to the SJA regarding approval or disapproval of the member’s request.
Where do most legal reviews for use of government resources stem from?
An organization needing an answer to a question concerning whether an employee is authorized to use government resources.
When is a use of government resources legal review required?
When there is unauthorized use of government resources
What guidance establishes the standards of conduct for all Air Force personnel—both military
and civilian?
DOD 5500.07-R.
What types of offenses may be referred to the magistrate court system?
Misdemeanor and petty offenses.
What must a magistrate court have before the court can hear a case?
Jurisdiction
Which document is developed between installation commanders and state and local prosecutors when the installation has concurrent jurisdiction?
MOU
Who determines whether or not an offense is referred to the magistrate court?
Installation CC
What does blanket determination mean?
The commander can establish a policy that all similar violations will be automatically referred to US magistrate courts because the administrative disposition of certain offenses committed by civilians on base is not adequate or appropriate
Who normally files complaints on behalf of the installation with the magistrate court?
An SJA designated by the installation commander.
Who appoints the US magistrate?
US District Court.
When may Air Force attorneys prosecute cases referred to the magistrate court system?
Upon notification by the US attorney of the nonavailability of a prosecutor from the Department of Justice and after securing permission from TJAG through appropriate channels.
If the SJA determines prosecution is warranted in a case, what is the next action the installation commander takes?
Prepares a complaint for filing with the US District Court.
