Volume 2 Flashcards
(417 cards)
1
Q
What does a member have the right to submit when notified of his or her commander’s option to file documents into the member’s officer selection record?
A
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.
2
Q
When is the report for tax filing due?a.March.b.June.c.September.d.December.
A
d.December.
3
Q
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?
A
Enlistment of minors (chapter 5, section C - defective enlistments).
4
Q
What is the first step in preparing a legal review for use of government resources? a. Draft a listing of the resources requested. b. Write your opinion after researching the facts. c. Review Department of Defense (DOD) 5500.7-R, Joint Ethics Regulation. d. List any policies or instructions that authorize use of government resources.
A
c. Review Department of Defense (DOD) 5500.7-R, Joint Ethics Regulation.
5
Q
Why must all host-tenant support agreements be signed by MAJCOM or a designated representative?
A
To verify the agreement does not conflict with DOD or Air Force directives, the appropriate base-level host and tenant coordination has been effected, and the agreement will be fulfilled.
6
Q
What is an obligation of funds?
A
Any act that legally binds the government to make payment.
7
Q
Which office maintains a repository of most SOFAs?
A
HQ USAF/JAO.
8
Q
What is the maximum amount of time that documents may be retained in a member’s UIF?
A
Anywhere from six months to four years, depending on the type of action and whether the member is an officer or enlisted.
9
Q
In determining eligibility of legal assistance you find the client has hired a civilian attorney,what is your immediate response?a.Defer to the staff judge advocate for a decision on the matter.b.Refer the client to his or her civilian attorney.c.Refer the client to another agency on base.d.Sign the client in for legal assistance.
A
b.Refer the client to his or her civilian attorney.
10
Q
Which authority is authorized to give letters of counseling, admonishment, or reprimand?
_____a. A sergeant to a subordinate he or she supervise.
_____b. An instructor to a student.
_____c. A commander to any enlisted member of his or her command.
_____d. A captain who is squadron section commander to a second lieutenant in the unit.
_____e. A military justice noncommissioned officer in charge (NCOIC) to a military justice paralegal for whom the NCOIC is the EPR reporting official.
A
a through e.
11
Q
Who ensures fund drives are truly voluntary and no employee is coerced in any way to participate or contribute to the fundraising events? a. Commanders. b. Staff judge advocates (SJA). c. Chief, General Law Division. d. The Judge Advocate General (TJAG).
A
a. Commanders.
12
Q
An Accident Investigation Board’s (AIB) accident report must be completed within what maximum number of calendar days after receipt of the completed Part I safety investigation board (SIB) report?
a. 10.
b. 20.
c. 30.
d. 45.
A
c. 30.
13
Q
What kind of law issues may have a significant impact on exercise and deployment operations?
A
Laws that reflect host country customs, such as religious laws and customs regarding insults.
14
Q
What category of officers can be discharged by the Secretary of the Air Force without a personal hearing?
A
Regular probationary commissioned officers with less than five years of total active federal commissioned service in the Regular Air Force.
15
Q
What is the goal for referring legal assistance clients to other legal agencies?
A
To aid clients in consulting with an attorney competent to provide the required assistance.
16
Q
Define the term construction.
A
Any construction, development, conversion, or extension of any kind carried out with respect to a military installation, whether to satisfy temporary or permanent requirements.
17
Q
The legal review for an off-duty employment form should have at least what two sections?
A
Background and discussion.
18
Q
Who is entitled to a military legal advisor?
A
All US military personnel facing foreign criminal charges.
19
Q
What form is used to document a non-verbal counseling?
A
AF IMT 174, Record of Individual Counseling.
20
Q
When filing an annual ethics report, where is the first place you start?
A
TJAGC home page.
21
Q
Define a lawful combatant.
A
An individual authorized by governmental authority or the LOAC to engage in hostilities.
22
Q
What are the responsibilities of the MSPB?
A
Adjudicating individual employee appeals, conducting merit systems studies, hears the appeals of federal employees who are disciplined or otherwise separated from their positions, and reviews the significant actions of OPM to assess the degree to which those actions may affect merit.
23
Q
List two reasons for separation of officers under AFI 36–3206.
A
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;
or HIV-related reasons.
24
Q
Why may you have to cancel an appointment with a client?
A
Unforeseen circumstances or emergencies.
25
As a minimum, how often should audits be performed on sample collection procedures at GSUs?
No less than annually.
26
When receiving payment from a non-federal source, what is the preferred method of payment?
Payment in kind.
27
What is VoIP?
A technology that allows you to make voice calls using a broadband Internet connection instead of a regular (or analog) phone line.
28
When an officer has not met the requirement for exemplary conduct or is not mentally, physically, morally, or professionally qualified to perform the duties of the next higher grade, it is in the best interest of the Air Force to determine a. if dismissal is warranted. b. permanent change of station possibilities. c. if the member is not qualified for promotion or delay promotion d. if documents should be filed in the members officer selection record.
c. if the member is not qualified for promotion or delay promotion
29
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 persongiven legal assistance; the date; the name of legal assistance officer or paralegal consulted; the nature of theproblem; action taken by the attorney; and, if appropriate, the name of the individual or agency to which thematter was referred.
30
____ (1) Section B, Involuntary Convenience of the Government.
____ (2) Section C, Defective Enlistment.
____ (3) Section D, Entry Level Performance or Conduct.
____ (4) Section E, Unsatisfactory Performance.
____ (5) Section F, Substance Abuse Treatment Failure.
____ (6) Section H, Misconduct.
a. Parenthood.
b. Drug abuse.
c. Alcohol abuse.
d. Civil court conviction.
e. Underage enlistment.
(1) a.
(2) e.
(3) b, c.
(4) b, c
(5) b, c, d.
(6) b
31
How are LOD determinations used?
As material evidence by a physical evaluation board to determine a member’s eligibility for benefits.
32
According to US policy, what will happen to captured combatants upon departure of an area?
Leave them behind.
33
What statute prohibits US Armed Forces from directly participating in civilian law enforcement duties? a. Posse Comitatus Act (PCA). b. Joint Ethics Regulation (JER). c. Standing rules of engagement (SROE). d. Commanders’ Emergency Response Program (CERP).
a. Posse Comitatus Act (PCA).
34
What is the last step to submitting the annual ethics report?
Check the data carefully for each section and then click the SUBMIT REPORT button.
35
If a General Order is issued by a US combatant commander in a multinational force, then the General Order applies to a. deployed US personnel. b. everyone in the multinational force. c. anyone that has read the General Order. d. only those working in the same area as Air Force members.
a. deployed US personnel.
36
For an OGE Form 278’s, within what maximum time period must a new entrant report be filed?
Within 30 days of assuming a covered position.
37
Who is the disclosure authority for all trial records for litigation and other investigations?
TJAG.
38
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 commandreadiness.
39
When an Airman loses authorization for shipment of household goods as a consequence of an administrative demotion action, the demotion action a. is delayed and completed by the gaining commander. b. is terminated and reinitiated by the gaining commander. c. goes into effect and household goods are moved at the Airman’s own expense. d. goes into effect and a waiver of household goods shipment is issued by the Traffic Management Office (TMO).
a. is delayed and completed by the gaining commander.
40
What Act requires the government to seek competition for its requirements?
CICA, 10 U.S.C. § 2304
41
If the base volunteer coordinator calls your office wanting to discuss placement of a legalservice volunteer, to whom would you refer them?a.Chief of Legal Assistance.b.Staff Judge Advocate (SJA).c.Chief of Civil Law.d.Deputy SJA.
b.Staff Judge Advocate (SJA).
42
What is a TACLANE?
It is a network encryption device that provides network communications security on IP and ATM networks for the individual user or for enclaves of users at the same security level.
43
What type of system has secure voice and data equipment designed for use on advanced digital communications networks? a. Defense Secure Network (DSN). b. Secure Terminal Equipment (STE). c. Voice-Over Secure Internet Protocol (VoSIP). d. Tactical Local Area Network Encryption (TACLANE).
b. Secure Terminal Equipment (STE).
44
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.
45
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.
46
What directive covers administrative discharge procedures for officers having substandard duty performance?
AFI 36–3206.
47
When a PA request is denied, within what maximum time period may a requester appeal to the SAF?
Within 60 calendar days from date of initial denial.
48
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.
49
What is the role of legal support in air and space operations as defined by Air Force doctrine document (AFDD) 1–04, Legal Support? a. Provide legal assistance. b. Analyze and evaluate circumstances. c. Process claims for destruction of foreign property. d. Brief all personnel on Law of Armed Conflict (LOAC).
b. Analyze and evaluate circumstances.
50
What requirements must an investigative officer meet to be appointed to conduct a CO hearing?
Judge advocate, in the grade of captain or higher.
51
What report lists, by category, how much money clients were saved through the legal assistance program?
Client saving report.
52
What is international law?
The application of international agreements, international customary practices, and the general principles of law recognized by civilized nations to military operations and activities.
53
What is the governing directive for processing LOD actions?
AFI 36–2910.
54
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.
55
Of the various types of fixed price contracts, which type of contract is the most common?
The FFP contract.
56
What information should be stressed when covering mobilization and deployment preparationissues?
Stress the importance of preparing a will, powers of attorney, and other necessary documents before
deployment.
57
Who determines whether or not an offense is referred to the Magistrate Court?
Installation commander.
58
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.
59
Who is the final approval authority for an officer applicant? For an enlisted applicant?
Officers is the SecAF or designated representative and the final approval authority for enlisted personnel is HQ AFPC (active duty Airmen), ANGRC/DPM (ANG Airmen), HQ AFRES/CV (Reserve Unit Airmen), or HQ ARPC/CC (all other Reserve Airmen).
60
In joint doctrine, how are PKOs defined?
Military operations undertaken with the consent of all major parties to a dispute, and are designed to monitor and facilitate implementation of an agreement to support diplomatic efforts to reach a long-term political settlement.
61
What agency helps Airmen apply for voluntary separation?
The MPS Career Development Element.
62
Who is responsible for administering the host-tenant support agreement program? a. Receiver support agreement manager (SAM). b. Staff Judge Advocate (SJA). c. Installation commander. d. Installation supplier SAM.
d. Installation supplier SAM.
63
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),
64
What is the purpose of a host-tenant support agreement?
To formally identify the specific support functions and related responsibilities that are to be performed by the host and by the tenant.
65
Following a decision by the EEOC OFO, who may request reconsideration?
Either party (the agency or complainant).
66
What are the two types of investigations that involve aircraft or aerospace equipment?
Accident and safety investigations.
67
At base level, who is charged with developing and implementing educational initiatives as aprimary duty?
The Chief of Preventive Law or preventive law officer.
68
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).
69
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 thequality of legal service.
70
Define head of the contracting activity.
The person delegated overall responsibility for managing all contracting activities for a particular agency or element.
71
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.
72
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.
73
With regard to the paralegal field, how is the Coast Guard significantly different than the other branches of service?
The Coast Guard does not have a paralegal career field.
74
When an employee believes they have been discriminated against because of race, color, sex, national origin, or religion, age, disability, or reprisal, within what maximum time period must an employee contact the installation-level EEO counselor?
With limited exceptions, this contact must occur within 45 days of the time that the employee believes or has reason to believe that discrimination occurred.
75
Who is responsible for the custody, care, and safekeeping of Air Force property and can be held financially liable for failure to exercise this obligation? a. Property custodian. b. Responsible officer. c. Accountable officer. d. Financial liability officer.
a. Property custodian.
76
What must a commander ensure before recommending any type of involuntary discharge? a. All rehabilitation requirements have been met and discharge for cause is not warranted. b. Airman has met with the Area Defense Counsel and understands his or her options. c. Convening authority has concurred with the proposed action. d. Legal office has reviewed the file, and it is legally sufficient.
a. All rehabilitation requirements have been met and discharge for cause is not warranted.
77
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.
78
If the total value of non-federal travel benefits exceeds $250, what step must be taken after an employee’s travel has been completed?
A report must be forwarded to the ethics counselor by the traveler for inclusion in the semiannual report to SAF/GCA and the Office of Government Ethics.
79
When may classified information be released for litigation?
Classified information cannot be released under any circumstances, unless proper authority first declassifies the material.
80
In the Army, how are skill levels obtained?
By training, the ability to perform tasks, and pay grade.
81
Which options properly constitute a discharge board hearing panel?
____a. A board of one major and two master sergeants (MSgt).
____b. A board of one major, one captain, and one MSgt.
____c. A board of three captains.
____d. A board of one lieutenant colonel, one major, and one technical sergeant (TSgt).
b and d.
82
Where must each office record their legal assistance visits and workload?
In WebLIONS.
83
What is the minimum number of days an Airman must serve on continuous active duty before a commander is not allowed to recommend an entry-level involuntary discharge? a. 80. b. 90. c. 180. d. 190.
c. 180.
84
For monthly visitation reports, what matters require prompt notification to TJAG of the service concerned?
Matters involving denied visitation requests, prisoner maltreatment, and substandard conditions
85
When a squadron commander believes he or she has an officer that should be discharged, the commander’s first step is to a. send the officer to the Area Defense Counsel. b. serve a notification memorandum on the officer. c. send the file to the special court-martial convening authority. d. evaluate the information and consult with the staff judge advocate.
d. evaluate the information and consult with the staff judge advocate.
86
If an officer member of a tenant unit is being administratively discharged, then jurisdiction for the member and the discharge belongs to a. tenant unit’s major command (MAJCOM). b. host unit’s MAJCOM. c. tenant unit. d. host unit.
c. tenant unit.
87
Which type of Status of Forces Agreement (SOFA) is accomplished through an exchange of diplomatic notes? a. Full-SOFA. b. Mini-SOFA. c. Administrative and Technical Staff. d. Ambassador Executive Leadership Staff.
c. Administrative and Technical Staff.
88
To whom will the staff judge advocate forward the initial report of investigation regarding violations of the Law of Armed Conflict?
To TJAG through HQ USAF/JAO.
89
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 andenhances legal assistance by allowing clients to complete online worksheets for wills, healthcaredocuments, and powers of attorney. In addition, LAWS collects online feedback that allows us to identifyareas of strength and weaknesses in our legal assistance program and to make adjustments as needed.
90
Identify three examples of technology we use to keep communications from being compromised.
The VoSIP, STE, and TACLANE.
91
What three items should you be definite about when scheduling an appointment?
Time, date, and place.
92
Who normally files complaints on behalf of the installation with the Magistrate Court?
An officer designated by the installation commander; normally the chief of security forces or the SJA.
93
How must Airmen who want to voluntarily leave the active service PETS, request his/her separation?
In writing.
94
What is the first step in the line of duty (LOD) determination process? a. Legal office review. b. Medical officer’s review. c. Investigation by security forces. d. Commander directed investigation.
b. Medical officer’s review.
95
Define contracting officer.
An individual specifically appointed by the Secretary of the Air Force or designee with the authority to enter into, administer, or terminate contracts and execute related determinations and findings within the limits of the authority delegated.
96
Which Air Force Instruction provides guidance for processing and reporting international agreements?
AFI 51–701.
97
What may an employee be responsible for if they accept non-federal travel benefits after DOD rejects the offer?
Personally responsible for reimbursing the non-federal source.
98
How does confidentiality apply to your job as a paralegal?
You are an extension of this attorney-client relationship and are bound to keep all privileged information onthe client’s problem confidential. As a result, you must protect the attorney-client relationship.
99
What may happen to unlawful combatants during hostilities?
They may be killed or wounded and, if captured, may be tried as war criminals for their LOAC violations.
100
Which punishment makes an Article 15 a mandatory unfavorable information file (UIF) entry? a. Forfeiture of $200.00 pay for one month. b. 30 days correctional custody. c. 60 days restriction. d. 25 days extra duty.
c. 60 days restriction.
101
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.
102
As a minimum, how often are inspections required for the DDRP?
No less than quarterly.
103
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.
104
Which Law of Armed Conflict (LOAC) principle prohibits the use of any kind or degree of force that exceeds that needed to accomplish the military objective? a. Distinction. b. Proportionality. c. Military necessity. d. Rules of engagement.
b. Proportionality.
105
What are the four aspects of the regulation of conduct during war?
Military necessity, discrimination between combatants and noncombatants, humanity, and use of force proportional to the desired result.
106
____ (1) Actual signing and notarizing of a will according to procedural requirements of applicable law.
____ (2) 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.
____ (3) A testator giving personal property.
____ (4) 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.
____ (5) The individual who is responsible for holding and keeping the trust property for the benefit of the beneficiaries.
____ (6) When a trustor creates one trust, with pooled assets for all of the beneficiaries, and with one trustee.
____ (7) 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.
____ (8) The property shall be distributed in equal shares among the children, with the issue of deceased children dividing their deceased parent’s share
equally.
____ (9) A testator giving real property.
____ (10) Land and everything that is permanently affixed to land, such as, structures and the fixtures within structures.
a. Adeem.
b. Bequeath.
c. Devise.
d. Execution.
e. Guardian.
f. Living will.
g. Per stirpes.
h. Real property.
i. Single trust.
j. Trustee.
(1) d.
(2) f.
(3) b.
(4) e.
(5) j.
(6) i.
(7) a.
(8) g.
(9) c.
(10) h.
107
When should an application for redress be made?
Within 90 days of the discovered wrong.
108
What is the purpose of a SOFA?
To set forth rights and responsibilities between the United States and the host government focusing on two broad areas: criminal jurisdiction and civil law relief.
109
What guidance establishes the standards of conduct for all Air Force personnel—both military and civilian?
DOD 5500.7-R.
110
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.
111
Generally, who should have a will?
Any person owning real or personal property or who has children.
112
What is a hostile act?
A hostile act is an attack or other use of force against the US, US forces, or other designated persons or property.
113
Which Act revised the FAR to encourage competition for the award of all types of government contracts?
The CICA of 1984.
114
At a minimum, each Aircraft Investigation Board (AIB) is composed of a
a. president and a recorder.
b. president, recorder, and a legal advisor.
c. legal advisor and a reporter.
d. legal advisor and a recorder.
b. president, recorder, and a legal advisor.
115
Once a complainant receives a NOFI letter, within what maximum time period does a complainant have to file a formal complaint?
15 days from receipt of letter.
116
What actions may be appealed to the MSPB?
Removal, reduction in grade or pay, suspensions for greater than 14 days, or furlough for 30 days or less for cause, and other cases as set forth in 5 C.F.R. § 1201.2 and 1201.3.
117
Prior to drafting a will, what document do you need to review?
The Will and Advance Medical Directive Worksheet.
118
Who is required to file confidential financial disclosure reports?
Certain executive branch employees whose duties involve the exercise of discretion in sensitive areas such as contracting, procurement, administration of grants and licenses, and regulating or auditing non-Federal entities.
119
Who supervises and manages the tax assistance program at base level?a.Wing commander.b.Staff judge advocate.c.Squadron commander.d.Chief of legal assistance.
b.Staff judge advocate.
120
What does the category “Federal Civil Service employees” include?
Includes all appointed positions in the executive, judicial, and legislative branches of the Government of the US, except positions in the uniformed services. The US civil service includes both competitive service and excepted service.
121
What methods does the Air Force use to gain information about a particular situation?
Inquiry and investigation.
122
To whom does an individual forward an application for redress?
His or her commander.
123
Who normally fulfills the duties of a recorder for an Accident Investigation Board (AIB)?
a. Paralegal.
b. Judge Advocate.
c. An officer in the rank of Colonel or above.
d. An enlisted member with a background in maintenance.
a. Paralegal.
124
What is the authority for officer administrative separations? (vol and invol)
AFI 36–3207.
125
Which category is not a part of the US Air Force Legal Assistance Website (LAWS)?a.Legal information.b.Legal worksheets.c.Online survey.d.Reports.
d.Reports.
126
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).
127
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.
128
What form is used for the host-tenant support agreement?
DD Form 1144.
129
Before travel payments are accepted from a non-federal source, what action must take place?
Prior approval must be granted from the travel approving authority.
130
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 Air Force should retain or discharge officers.
131
What is the focus of MOOTW?
It is focused on deterring war, resolving conflict, promoting peace, and supporting civil authorities in response to domestic crises.
132
List four goals of Homeland Defense.
List any four of the following:
(1) Identify the threat.
(2) Dissuade adversaries from undertaking programs or conducting actions that could pose a threat to the US homeland.
(3) Ensure defense of the homeland and deny an adversary’s access to the nation’s airspace, land, and maritime approaches.
(4) Ensure access to space and information.
(5) Ensure availability of the DCI.
(6) Deter aggression and coercion by deploying forward with the capability to prevent attacks on the homeland and impose severe penalties for aggression on an adversary’s military capability and supporting infrastructure.
(7) Decisively defeat any adversary if deterrence fails.
(8) Minimize the consequences of any attack or incident.
133
In a Merit Systems Protection Board (MSPB) proceeding, what maximum number of days from the effective date of the adverse action does a complainant have to file an appeal with the MSPB? a. 10. b. 20. c. 30. d. 45.
c. 30.
134
Provide two examples of why the Navy paralegal field is unique to the other services.
It is not an entry-level position and the ability for a Paralegal to work in a variety of billets to include, afloat commands.
135
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.
136
In what situations is the supporting legal office required to perform a legal review on contract actions?
Operational contract actions and Space and Missile System Center contract actions expected to exceed $500,000 and AFMC Non-Operational contract actions expected to exceed $1,000,000.
137
Who takes final action on a line of duty (LOD) determination case? a. Member’s commander. b. Staff judge advocate (SJA). c. Appointing authority. d. Approving authority.
d. Approving authority.
138
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 10 U.S.C.§ 1044a
(for military notaries) or state authority for civilians designated in AFI 51-504.
139
The first step in a notification discharge is when the member a. reports for a medical examination. b. submits a statement in rebuttal of the discharge. c. receives oral notice of the reason(s) for discharge. d. receives written notice of the reason(s) for discharge.
d. receives written notice of the reason(s) for discharge.
140
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.
141
What office must provide approval to post bail bonds using US funds, if an international agreement provides for the US to exercise pretrial custody?
HQ USAF/JAO.
142
Who has the authority to disapprove a separation for a conscientious objector case?
Secretary of the Air Force.
143
The Contract Disputes Act obligates the contractor to a. continue performance pending final resolution of a dispute. b. continue performance only after final resolution of the dispute. c. complete the contractual terms regardless of any disputes. d. complete the contractual terms as modified by interim agreement.
a. continue performance pending final resolution of a dispute.
144
Which is considered to be the least severe form of administrative discipline? a. Letter of reprimand (LOR). b. Letter of admonition (LOA). c. Placement on a control roster. d. Record of individual counseling (RIC)/LOC
d. Record of individual counseling (RIC)/LOC
145
For what purpose have military commissions historically been used?
To prosecute enemy combatants who violate the Laws of War.
146
What is normally the grade of the COMAFFOR?
Colonel (0-6) to lieutenant general (0-9).
147
Where do you report final tax assistance statistics?
In TPRS through JAGUARS.
148
Who has the authority to demote an Airman? Can it be delegated?
The group commander, or equivalent level commander, may demote MSgts and below.
MAJCOM, FOA, or DRU commanders may demote senior and chief master sergeants - this can be delegated only once.
149
In the Marines, what type of document is used to establish training requirements?
SAT.
150
For first party access, what is the maximum time period to respond to all PA requests?
Within 20 workdays of receipt.
151
In Magistrate Court cases, once a complaint is reviewed by the SJA, how is it filed with the US District Court clerk’s office?
By either faxing or emailing the information to the clerk, depending on how they have their system set up.
152
Who supervises and manages the tax assistance programs at the base level?
SJAs.
153
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.
154
Legal information mastery is one of the six legal support functional competencies, what does thiscompetency allow legal officer personnel to do?
To obtain, analyze, and communicate legal information rapidly.
155
What two procedures are used for processing discharge actions under AFI 36–3208?
Notification procedure and board hearing or board waiver procedure.
156
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 lastname.
157
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.
158
What are SAPs used to obtain?
Almost exclusively used to obtain nonpersonal services, supplies, or construction that are not estimated to exceed $150,000.
159
Which report is a statistical summary of all cases involving jurisdiction over US personnel? a. Trial observer report. b. Serious incident report. c. Monthly visitation report. d. Annual foreign criminal jurisdiction report.
d. Annual foreign criminal jurisdiction report.
160
What is the difference between an inquiry and an investigation?
An inquiry is an examination into facts or principles not complex or of a serious nature and can be resolved through routine channels and a written report may or may not be reuired, whereas the investigation is a proper authorized, systematic, detailed examination to uncover the facts and determine the trust of a matter and always required a written report.
161
What are the two types of financial disclosure forms?
The OGE Form 450, Executive Branch Confidential Financial Disclosure Report, and the OGE Form 278, Executive Branch Personnel Public Financial Disclosure Report.
162
When may an officer or employee accept voluntary services exceeding those authorized by law? a. When authorized by Congress. b. When authorized by the installation commander. c. In emergencies involving issues of National Security. d. In emergencies involving the safety of human life or protection of property.
d. In emergencies involving the safety of human life or protection of property.
163
When the authority for an international agreement falls under the major command (MAJCOM), to whom must it be submitted for concurrence? a. Secretary of the Air Force (SAF). b. MAJCOM Staff Judge Advocate (SJA). c. Assistant Legal Advisor for Treaty Affairs. d. Chief, Headquarters, United States Air Force Operations and International Law Directorate.
b. MAJCOM Staff Judge Advocate (SJA).
164
Define termination for convenience.
The exercise of the government’s right to completely or partially terminate performance of work under a contract when it is in the government’s interest.
165
Who has the overall responsibility for implementing status of forces policies and procedures in each foreign country?
DCO.
166
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.
167
What item must all military and civilian legal assistance notaries maintain?
A personal log of notary acts performed.
168
How is the US Air Force Legal Assistance Website organized?
Into three broad categories: legal information, legal worksheets, and the online survey.
169
Who has the responsibility of approving the organizing and conducting of fundraising events at the local level?
Installation commanders.
170
After the MPS/FSS 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.
171
Which Web-based Legal Information Online System (WebLIONS) report lists all legalassistance activities, grades and services of clients served, and services broken down by subject?a.Notary report.b.Annual report.c.Workload report.d.Client saving report.
b.Annual report.
172
What type of information will not be made available for use in litigation?
a. Personal.
b. Privileged or classified.
c. Confidential.
d. For Official Use Only.
b. Privileged or classified
173
What happens after an employee’s supervisor provides an initial review and signs the OGE Form 450?
The supervisor will forward the form, with any comments, to the local ethics counselor for further review.
174
Place an M to indicate mandatory, and an O to indicate optional for each UIF entry situation.
___ a. An Article 15 with a reduction in grade suspended for six months.
___ b. An Article 15 with an unsuspended reduction in grade.
___ c. An Article 15 with a forfeiture of $150 per month for two months.
___ d. An Article 15 with 25 days correctional custody suspended for three months.
___ e. An Article 15 with 60 days restriction.
___ f. An Article 15 with 25 days correctional custody, reduction to senior airman, and $200 forfeiture.
___ g. A record of conviction by summary court-martial.
___ h. A written reprimand given to an enlisted member.
a. M.
b. O.
c. M.
d. M.
e. M.
f. O.
g. M.
h. O.
175
Who maintains sole responsibility to respond to any off-installation foreign incidents?
Host nation.
176
What is the principal resource for government contract questions?
FAR.
177
If a commander requests supplemental rules of engagement (ROE), then the request must be classified at least a. Secret. b. Top Secret. c. Confidential. d. For Official Use Only.
c. Confidential.
178
Where must commanders send copies of all directives, messages, or correspondence re-delegating authority to negotiate and conclude international agreements? a. Office of the Secretary of the Air Force (SAF). b. Major command (MAJCOM) legal office. c. Headquarters, Air Force Personnel Center (HQ AFPC). d. Headquarters, United States Air Force/Operations and International Law Directorate (HQ USAF/JAO).
d. Headquarters, United States Air Force/Operations and International Law Directorate (HQ USAF/JAO).
179
What is the first step in assembling a magistrate court file? a. Tab the file A through Z. b. Put the cover sheet on the file. c. Obtain a copy of the report of investigation. d. Obtain the defendant’s federal Magistrate Court consent form.
d. Obtain the defendant’s federal Magistrate Court consent form.
180
What are the three types of appropriated funds that may be an issue during a deployment?
O&M, MILCON, and “other procurement.”
181
How are legal services configured in order to provide support to air and space expeditionary taskforces?
They are configured to support two primary command levels: the COMAFFOR and AETF units.
182
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).
183
What form is used for the application and approval of off-duty employment?
AF Form 3902.
184
Once a person fills out his or her Office of Government Ethics (OGE) Form 450, Executive Branch Confidential Financial Disclosure Report, what is the next step in the filing process? a. Send the report directly to his or her supervisor for review. b. Sign the report and send it to his or her supervisor for review. c. Send the report directly to the installation legal office. d. Sign the report and send it to the installation legal office.
b. Sign the report and send it to his or her supervisor for review.
185
When and to whom are trial observer reports forwarded?
Forwarded immediately upon completion of each hearing at the trial court level and for hearings on appeal and are sent to the DCO and/or USCR, who in turn forwards them to TJAG of the accused’s Service.
186
What does international law provide in international relations?
Stability.
187
What are some examples of types of grievances not included in the Air Force AGS?
Grievances do not include matters subject to review outside the Air Force or which are authorized complaints or appeals systems, such as the MSPB or IG.
188
What is another name for the LOAC?
Law of War.
189
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 5400.7-R_AFMAN 33.302 and AFI 33–332.
190
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.
191
Using the Agency Ethics Reporting System, the first step in creating an ethics report for the current year is to select the a. “Create/Modify Current Year Agency Ethics Report” option. b. “Agency Ethics” option. c. “Submit Report” option. d. “Open Record” option.
a. “Create/Modify Current Year Agency Ethics Report” option.
192
Where are mission specific ROE almost always included?
As an annex to the OPLAN or OPORD.
193
What action do you take to access a client’s worksheet once the client provides you with his/herticket number?
You access the worksheet by logging into the US Air Force Legal Assistance administration site.
194
What is the first step in considering local purchasing for supplies or services? a. What type of contract to utilize. b. How much money you need to spend. c. Which types of supplies or services are needed. d. Who will be using the supplies or services needed.
a. What type of contract to utilize.
195
Which LOAC principle compares the military advantage gained to the harm inflicted while gaining that advantage?
Proportionality.
196
After an Airman acknowledges receipt of a notification for discharge, what is the Airman’s next action? a. Go to the Military Personnel Section (MPS) for discharge processing. b. Report to the Medical Group for a medical examination. c. Make an appointment with the Area Defense Counsel. d. Submit a statement in rebuttal of the discharge.
b. Report to the Medical Group for a medical examination.
197
What agency is responsible for the protection or evacuation of US citizens and nationals abroad and for safeguarding their overseas property abroad?
The Department of State.
198
What additional identifiers should be included on a military notary’s raised seal or inkedstamp to ensure notarized documents are accepted as authentic?a.“U.S. Air Force and Judge Advocate.”b.“U.S. Air Force and Authentic.”c.“U.S Air Force and Paralegal.”d.“U.S. Air Force and Civilian.”
a.“U.S. Air Force and Judge Advocate.”
199
Name the two complaints that are not processed under Article 138, UCMJ.
Any two of the following: 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.
200
What must occur before a commander extends the probation and rehabilitation period? a. The Special Court-Martial Convening Authority must agree to the extension. b. The Airman must agree to the extension. c. At least seven months must have passed. d. At least nine months must have passed.
b. The Airman must agree to the extension.
201
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.
202
What instruction prescribes the Air Force Drug Testing Program and assigns responsibility for carrying out the program at installation level?
AFI 44-120, Military Drug Demand Reduction Program.
203
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.
204
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.
205
What action legally binds the Air Force to make payments? a. Appropriation. b. Authorization. c. Obligation. d. Procurement.
c. Obligation.
206
If a member fails to appear at the hearing for his or her conscientious objector status without good reason, then the member a. has waived his or her rights to be present at the hearing. b. has the option of appearing in a private hearing. c. can request another hearing at a later date. d. can submit a waiver at a later date.
a. has waived his or her rights to be present at the hearing.
207
Where must delegating commanders send copies of all directives, messages, or correspondence redelegating authority?
HQ USAF/JAO.
208
A new will is required when the client hasa.retired.b.received a promotion.c.changed duty stations.d.lined out a section of his/her will.
d.lined out a section of his/her will.
209
Before a client leaves your office with a new will, what information should you take the time toexplain?
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.
210
What four 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.
211
What criminal penalties may an officer or employee of the Air Force receive for knowingly and willfully committing a violation under the ADA or knowingly and willfully concealing a violation?
A fine for not more than $5,000, imprisoned for not more than two years, or both.
212
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.
213
What is the definition of a wrong?
A discretionary act or omission by a commander that adversely affects the member personally.
214
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.
215
Who is responsible for communicating with the local bar organization, legal aid offices, and appropriate federal and state agencies?
Wing/base SJA.
216
What reporting period does the annual foreign criminal jurisdiction report cover?
1 December through 30 November.
217
At the beginning of a discharge board hearing, how is the hearing initially convened? a. By calling the courtroom to order. b. When the judge enters the courtroom. c. When the respondent enters the courtroom. d. By entering a copy of the special order into evidence.
d. By entering a copy of the special order into evidence.
218
What document is considered a statement waiving the administrative discharge board proceedings?
A conditional waiver.
219
When would the SecAF order reductions in grade?
To significantly reduce the Air Force strength and/or grade levels.
220
Who is the principal air advisor to the JFC?
Joint Force Air Component Commander.
221
Once the full MSPB decision is final, to what agency may the appellant appeal the MSPB decision?
The US Court of Appeals for the Federal Circuit.
222
Who is responsible for monitoring and carrying out the overall administration of the PreventiveLaw Program?
AFLOA/JACA.
223
When acting as an assistant to the recorder in an administrative discharge board proceeding, you need to a. have a copy of the script. b. be organized and ready to proceed. c. have a copy of the convening order. d. be under direct supervision of an attorney at all times.
d. be under direct supervision of an attorney at all times.
224
Which type of SOFA is accomplished through an exchange of diplomatic notes?
Administrative and Technical Staff status.
225
Why must Air Force officials get SecAF 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 states and congressional districts.
226
Before the show-cause authority (SCA) makes a determination in an officer discharge case, he or she must a. ensure the SJA completes a legal review. b. consult with the member’s unit commander. c. consult with the member’s Area Defense Counsel. d. ensure the case file contains Officer Performance Reports.
a. ensure the SJA completes a legal review.
227
Where are appointments recorded?
An appointment log.
228
What is the Air Force’s policy with regard to ADR?
To voluntarily use ADR and other early mutual dispute resolution processes to the maximum extent practicable and appropriate to resolve workplace disputes at the earliest stage feasible, by the fastest and least expensive method possible, and at the lowest possible organizational level.
229
Why were there many problems during the Vietnam conflict regarding how to conduct the war?
Because of confusion between LOAC and ROE.
230
Which form is used to record and present facts in support of a determination of financial liability and to adjust property control records? a. Air Force (AF) 262, NAF Financial Statement Analysis. b. AF 1063, Quality Control Record. c. Department of Defense (DD) Form 1342, DOD Property Record. d. DD Form 200, Financial Liability Investigation of Property Loss.
d. DD Form 200, Financial Liability Investigation of Property Loss.
231
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.
232
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.
233
For nonjudicial punishment cases within a tenant organization, who administratively processes the action?
The host command’s Staff Judge Advocate.
234
What type of document may contain late-breaking, airframe specific, or individual target specific Rules of Engagement (ROE) restrictions? a. Standing ROE (SROE). b. Special Instructions (SPINS). c. Mission Specific ROE. d. Air Tasking Order (ATO).
d. Air Tasking Order (ATO).
235
What guidance does a paralegal use for processing a ROS?
DOD Financial Management Regulation 7000.14-R and AFMAN 23–220.
236
Which form is the concise summary of all actions taken on a member’s UIF?
AF IMT 1137, Unfavorable Information Summary.
237
Air Force chaplains are considered a. combatants. b. noncombatants. c. lawful combatants. d. unlawful combatants.
b. noncombatants.
238
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 averagetime clients had to wait to be seen, and the documents provided by the attorney or paralegal.
239
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.
240
How does the host-tenant support agreement process begin?
The process will begin with the receiver SAM informing the installation supplier SAM of their support needs.
241
An accident report must be completed within how many days?
Within 30 calendar days of receipt of the completed Part I SIB report, unless an extension is granted.
242
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.
243
What four items 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.
244
Who swears in the recorder? reporter, interpreter, and legal advisor? at an administrative discharge board hearing?
The legal advisor; the recorder
245
In what two ways may a medical officer initiate an LOD determination?
Administrative or informal determination.
246
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.
247
Prior to filing an optional document in an Airman’s unfavorable information file (UIF), the decision authority must first notify the member of the intent to do so by using a. Department of Defense (DD) Form 1058. b. Air Force (AF) IMT 1058. c. DD Form 2907. d. AF IMT 2907.
b. Air Force (AF) IMT 1058.
248
What statute prohibits obligations or expenditures in excess of or in advance of an appropriation? a. 31 United States Code (U.S.C.) § 1341. b. 31 U.S.C. § 1512. c. 31 U.S.C. § 1514. d. 31 U.S.C. § 1517.
a. 31 United States Code (U.S.C.) § 1341.
249
What circumstances would cause a revocation of demotion order be published?
When the demotion authority determines the order was published without basis of authority.
250
With regard to the Military Commissions Act (MCA), what does the amendment of both Articles 21 and 36, UCMJ, permit?
Greater flexibility in constructing procedural and evidentiary rules for trials of alien unprivileged enemy belligerents by military commission.
251
What may arise if command sponsored dependents leave prior to an evacuation order?
A fiscal issue, the dependents may have to fund their own travel.
252
What are the five primary statutory responsibilities of the FLRA?
Resolve complaints of unfair labor practices, determine the appropriateness of units for labor organization representation, adjudicate exceptions to arbitrator’s awards, adjudicate legal issues relating to the duty to bargain, and resolve impasses during negotiations.
253
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.
254
What individuals have the power to place members of their units on the control roster?
Commanders at all levels.
255
After the unit commander makes his or her recommendation on a voluntary discharge, where does the commander send the case file?
a. Directly to the separation authority.
b. Directly to the legal office for review.
c. To the finance section of the Military Personnel Section (MPS) to be FWD to the separation authority
d. To the separations section of the MPS to be FWD to the separation authority.
d. To the separations section of the MPS to be FWD to the separation authority
256
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.
257
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.
258
For what are O&M funds used?
Day-to-day expenses of DOD in garrison and during exercises, deployments, and military operations.
259
What is UUSNORTHCOM’s specific mission?
Conduct homeland defense, civil support, and security cooperation to defend and secure the United States and its interests.
260
Define solicitation.
Any request to submit offers or quotations to the government.
261
What type of document(s) should address the use of security forces to isolate, contain, and neutralize a terrorist incident within the capability of installation resources?
Contingency plans.
262
What types of offenses may be referred to the Magistrate Court system?
Misdemeanor and petty offenses.
263
For the Drug Demand Reduction Program, an audit of collection procedures at a geographically separated unit (GSU) is required at least a. quarterly. b. bi-annually. c. annually. d. every two years.
c. annually.
264
Which legal support functional competency is the ability to provide the war fighter with the complete set of legal capabilities at any place at any time? a. Operational readiness. b. Authoritative counsel. c. Legal information mastery. d. Compelling advocacy and litigation.
a. Operational readiness.
265
What must be considered when the US Armed Forces deploy to a foreign country? a. Currency rate. b. International law. c. Country’s location. d. United States laws only.
b. International law.
266
What effect could lining out part of a will have?
It can invalidate the will.
267
Who is the highest ranking Air Force officer assigned to a Joint Force Commander at the unified, subunified, and joint task force level? a. Commander, Air Force Forces (COMAFFOR). b. Joint Task Force Combat Commander (JTFCC). c. Joint Force Air Component Commander (JFACC). d. Combined Forces Air Component Command Commander (CFACC).
a. Commander, Air Force Forces (COMAFFOR).
268
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 AFI 44–120.
269
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 thegrantor is withdrawing the powers granted to the agent or attorney-in-fact in the POA.
270
What is the first step in preparing for a magistrate court case? a. Determine jurisdiction. b. Assemble the court file. c. Request a report of investigation. d. Request a copy of the Department of Defense (DD) Form 1805, United States District Court Violation Notice.
a. Determine jurisdiction.
271
Define the term rules of engagement.
Directives issued by competent military authority that delineate the circumstances and limitations under which the United States forces will initiate and/or continue combat engagement with other forces encountered
272
What statute requires administrative or criminal sanctions for the misuse of appropriated funds? a. Authorization Act. b. Accountability Act. c. Appropriations Act. d. Anti-Deficiency Act.
d. Anti-Deficiency Act.
273
What is the first step when checking a client’s eligibility for legal assistance services?a.Enter client’s personal information into the Web-based Legal Information Online System(WebLIONS).b.Ask the legal assistance attorney to see if services can be rendered.c.Ask the client if he or she has retained a civilian attorney.d.Check the client’s military identification card.
d.Check the client’s military identification card.
274
Which permanent court(s) tries persons accused of the most serious crimes of international concern? a. International Committee of the Red Cross. b. Central Criminal Court of Iraq (CCCI). c. International Criminal Court (ICC). d. Military Commissions.
c. International Criminal Court (ICC).
275
Which operation is a diplomatic process aimed at establishing a cease fire or an otherwise peaceful settlement of conflict? a. Peace enforcement. b. Peace building. c. Peacekeeping. d. Peacemaking.
d. Peacemaking.
276
Who is responsible for preparing the Emergency Action Plans (EAP) to evacuate US citizens from a foreign country? a. US ambassador. b. Wing commander. c. Major command (MAJCOM) commander. d. Federal Emergency Management Agency (FEMA).
a. US ambassador and consulates
277
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.
278
Which situation requires a discharge board hearing?
____ a. Respondent is a senior airman (SrA) with five years of service.
____ b. Respondent is a staff sergeant (SSgt) with eight years of service.
____ c. A SrA has eight years of service.
____ d. Respondent is an A1C with two years of service.
____ e. A SSgt with less than six years of service.
____ f. A SrA with five years of service and is recommended for honorable discharge.
____ g. An Airman with three years of service is recommended for a UOTHC discharge.
____ h. An Airman has less than 180 days of service and an honorable discharge is warranted.
Items b, c, e, and g.
279
What must a Magistrate Court have to hear a case?
Jurisdiction.
280
What may happen to military members who violate the LOAC?
May face criminal prosecutions and punishment, which may take place in a national or international forum.
281
When is a use of government resources legal review required?
When there is unauthorized use of government resources.
282
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).
283
According to US policy, how will captured combatants in US custody be treated?
As prisoners of war.
284
Under AFI 51-301, chapter 9, 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.
285
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.
286
Which AFI governs private organizations?
AFI 34–223.
287
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.
288
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.
289
When did the concept of force protection of DOD personnel rise to the forefront?
In the aftermath of the Marine barracks bombing in Beirut.
290
Once a will is finalized, what is the last step in the process?
Execution (the act of signing).
291
When used in the secure mode, what piece of equipment is the security core of the STE?
The Enhanced Crypto Card (KSV-21), which provides all the security services.
292
Who takes final action on an investigation report submitted by the investigating officer?
MAJCOM commander.
293
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.
294
What Air Force directive governs administrative demotion of Airmen?
AFI 36–2502.
295
The first thing an Airman wishing to leave active Air Force service must do is submit a. a request in writing to the Military Personnel Section (MPS). b. a request to his or her unit commander. c. a request to his or her separation authority. d. an AF Form 31, Airman’s Request for Early Separation/Separation Based on Change in Service.
a. a request in writing to the Military Personnel Section (MPS).
296
Who is the decision authority if an Article 15, Uniform Code of Military Justice (UCMJ) is not to be filed in the officer selection record? a. Member’s commander. b. Numbered Air Force (NAF) commander. c. Major command (MAJCOM) staff judge advocate (SJA). d. MAJCOM commander.
a. Member’s commander.
297
A conscientious objector who sincerely objects to participation as a combatant in war in any form, but whose convictions or beliefs will permit him or her to serve in a noncombatant status is classified as a. Class 1–0. b. Class 1–A–0. c. Class 1–B–0. d. Class 1–C–0.
b. Class 1–A–0.
298
For civilians, what is the difference between adverse actions and disciplinary actions?
Disciplinary actions are also adverse actions, with the exception of oral admonishments and reprimands.
299
What type of report must be submitted upon return if you participate in a major exercise or operation, or directly support one? a. Special interest report. b. Investigation report. c. After-action report (AAR). d. Situation report (SITREP).
c. After-action report (AAR).
300
What is the purpose of General Order 1?
Its purpose is to maintain order and discipline among the deployed troops, and avoid offending certain host nation sensitivities by outlining prohibitions against specific activities.
301
Who usually fills the position of the AIB recorder?
A paralegal.
302
What joint command was created to unify the military defense of our homeland, coordinate the Department of Defense’s assistance with civil authorities, and protect the US and its territories? a. US Pacific Command (USPACOM). b. US Space Command (USSPACECOM). c. US Strategic Command (USSTRATCOM). d. US Northern Command (USNORTHCOM).
d. US Northern Command (USNORTHCOM).
303
Under what circumstance may a civilian attorney represent a respondent during a discharge board?
At the respondent’s own expense.
304
If Congress requests a release of information that must be disclosed only with the consent of the Secretary of the Air Force, then the information is considered a. classified. b. For Official Use Only. c. Privacy Act information. d. information for congressional constituents.
a. classified.
305
What act reformed the Civil Service Commission and what three new independent agencies were created?
Civil Service Reform Act of 1978. The agencies are OPM, FLRA, and the Merit Systems Protection Board.
306
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.
307
To ensure mission readiness, who may add requirements for mobilization and deploymentrelated legal assistance?a.Base staff judge advocates.b.The Judge Advocate General (TJAG).c.Numbered Air Force (NAF) staff judge advocates.d.Major command (MAJCOM) staff judge advocates.
c.Numbered Air Force (NAF) staff judge advocates.
308
Which operation is conducted outside of the United States to relieve or reduce the results of natural or manmade disasters? a. Humanitarian assistance. b. Peacetime Operations. c. Military to Military contacts. d. Demilitarization Activities.
a. Humanitarian assistance.
309
Name the only multilateral SOFAs to which the United States is a party.
NATO SOFA and the Partnership for Peace SOFA.
310
When must an AIB investigation be convened?
For on-duty, Class A accidents involving Air Force aircraft, unmanned aerial systems, missiles, or space accidents
311
What type of investigation is done to preserve available evidence for use in claims, litigation, disciplinary actions, or administrative proceedings?
a. Article 32, Uniform Code of Military Justice, investigation.
b. Accident investigation.
c. Claims investigation.
d. Safety investigation.
b. Accident investigation.
312
What is meant by confidentiality?
Privileged matters are not to be disclosed to anyone by individuals rendering the services except upon thespecific permission of the person concerned.
313
When can individuals rendering services disclose privileged matters?
With the specific permission of the person concerned.
314
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.
315
How may officials avoid the sanctions of the ADA if they are charged with using funds for an improper purpose?
If they can show proper funds were available at the time of the erroneous obligation, proper funds have been continuously available from the time of the erroneous obligation, and proper funds are still available for the agency to correct the erroneous obligation.
316
Who is authorized to appoint an officer to conduct an inquiry?
Any commander or other competent authority.
317
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).
318
What is meant by fiscal year?
Accounting period of 12 months beginning 1 Oct and ending 30 Sept.
319
If a nation begins or enters into combat without effective rules of engagement (ROE), the result could be a. loss of life. b. mission failure. c. loss of resources. d. unlawful combat.
b. mission failure.
320
When determining whether the Air Force can spend appropriated funds, what should be considered?
The purpose, time, and amount rules.
321
Once a client provides you with his/her ticket number, what do you log into in order toaccess his/her Will and Advance Medical Directive worksheet?a.The DL Wills Program.b.The Air Force Legal Assistance administration site.c.The JAG Unified Automated Reporting System (JAGUARS).d.The Web-based Legal Information Online System (WebLIONS).
b.The Air Force Legal Assistance administration site.
322
What type of operations provide unique and challenging decisions that do not fall squarely within existing law or precedent?
Air and space operations, and combat operation in particular.
323
Under which area of the preventive law program would the importance of preparing a willbe stressed?a.Legal assistance and consumer protection.b.Deployment readiness preparation.c.Commander awareness.d.Tax assistance.
b.Deployment readiness preparation.
324
In coordination with the installation Civilian Personnel Section (CPS), what are the installation legal office responsibilities in MSPB cases?
Submitting all proposed actions potentially appealable to the MSPB to the LLFSC for legal review prior to issuing proposals, ensuring the LLFSC is provided a copy of the acknowledgement order, if not directly served on the LLFSC, as soon as it is received, securing potential evidence in coordination with the LLFSC, and providing LLFSC administrative assistance as necessary.
325
Upon receiving a request for release of information for litigation, which is not an option of the staff judge advocate (SJA)? a. Consult the Operations & International Law Directorate (HQ USAF/JAO). b. Forward request to the appropriate authority to deny. c. Consult the US attorney. d. Approve the request.
c. Consult the US attorney.
326
If you are conducting a properly authorized, systematic, detailed examination to uncover facts and determine the truth of a matter, then you are performing an a. interrogation. b. investigation. c. inspection. d. inquiry.
b. investigation.
327
What document authorizes Congress to collect taxes and provide for the defense and welfare of the country?
US Constitution.
328
Who issues SPINS?
The JFACC or the CFACC via the JAOC or CAOC.
329
For cases tried by the Military Commissions, as a minimum, how many members must there be in a case where the accused may be sentenced to death?
Twelve members.
330
Which LOAC principle requires combat forces to engage in only those acts necessary to accomplish a legitimate military objective?
Military necessity.
331
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.
332
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 issuesunder the UCMJ, or any local, state, or federal criminal law; issues on the standards of ethical conduct;issues relating to LOAC; issues involving personal commercial businesses (unless such advice is related tothe SCRA); legal issues or concerns raised on behalf of third parties, even if the third party is eligible forlegal assistance; drafting or reviewing real estate sale or closing documents, separation agreements ordivorce decrees, and inter vivos (living) trusts; private organizations (e.g., spouses clubs and squadronbooster clubs) that have been chartered to function on Air Force installations. However, under theprovisions of the Civil Law program, Air Force attorneys may provide legal guidance and advice throughthe base private organizations monitor to ensure private organizations are properly chartered and complywith pertinent statutes and regulations; and represent clients in a court or administrative proceeding.
333
Which agency is responsible for the protection or evacuation of US citizens and nationals abroad? a. Department of State (DOS). b. Department of Defense (DOD). c. Central Intelligence Agency (CIA). d. Federal Bureau of Investigation (FBI).
Dod in support of the dos
334
What are the four important LOAC principles that govern armed conflict?
Military necessity, proportionality, distinction, and humanity or unnecessary suffering.
335
What provides the framework for organizing the efforts of federal, state, local, and private organizations for national security? a. Status of Forces Agreement (SOFA). b. Military Support Civil Authorities (MSCA). c. National Strategy for Homeland Security (NSHS). d. Federal Emergency Management Agency (FEMA).
c. National Strategy for Homeland Security (NSHS).
336
What government workers are usually represented by unions?
Wage grade employees.
337
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).
338
Under Article 138, Uniform Code of Military Justice (UCMJ), if a complaint is properly submitted and the commander refuses the redress, the next option for the member is to submit the complaint a. directly to the officer exercising general court-martial jurisdiction. b. directly to the inspector general. c. to the equal employment office. d. to their congressman.
a. directly to the officer exercising general court-martial jurisdiction.
339
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.
340
When determining a fund’s purpose, what act(s) must be looked at?
The appropriation and/or authorization act controlling the funds in question.
341
How long must an organization negotiating an international agreement maintain a complete negotiating history on file?
At least for the duration of the agreement, or until it no longer has legal significance.
342
How should you treat all visitors?
With respect, courtesy, and dignity. Do not ignore them.
343
Who must approve a waiver of US jurisdiction for Air Force members charged with crimes by host nations? a. Major command (MAJCOM) commander. b. Secretary of the Air Force. c. The Judge Advocate General (TJAG). d. President of the United States.
c. The Judge Advocate General (TJAG).
344
What situations determine the amount and configuration of legal support available for air andspace expeditionary task forces?
The scope and duration of operation, the size of the supported population, and the requirements of the supported commander.
345
What is the objective of TJAGC AARS?
AARS improves legal expertise by sharing lessons learned from deployments and operational exercises. This will enhance readiness, bolster combat capability, streamline procedures, and improve reach-back support.
346
List the Air Force officials who are authorized, under AFI 51–504, 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 topractice law in the United States; all adjutants, assistant adjutants, and personnel adjutants, includingreserve 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.
347
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.
348
Who normally authenticates the record of proceedings for an administrative discharge board? a. Legal advisor. b. Respondent. c. Reporter. d. Judge.
a. Legal advisor.
349
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.
350
List the three types of written reports.
Report of Review, Report of Inquiry, and Report of Investigation.
351
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.
352
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.
353
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.
354
Of the various types of cost reimbursement contracts, which type of contract is the most common?
The CPFF contract.
355
Aside from wills, POAs, and notary acts, what are some common legal documents/issues we mayassist 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.
356
When drafting a last will and testament, what term describes when a gift fails or goes away?a.Issue.b.Adeem.c.Devise.d.Bequeath.
b.Adeem.
357
List the two distinct thoughts from doctrine of just war.
Legal basis for use of war and regulation of hostilities.
358
What is one exception to the confidentiality and privileged status of legal services communications?
A client’s statement of intent to commit a crime.
359
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.
360
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.
361
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 aredestroyed.
362
Who has to approve unspecified minor military construction (UMMC) projects in excess of 1 million dollars? a. Congress. b. President. c. Secretary of the Air Force (SecAF). d. Commander, Air Force Material Command (AFMC).
c. Secretary of the Air Force (SecAF).
363
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.
364
What type of report must be submitted if you are involved in critical national or international situations? a. Special interest report. b. Investigation report. c. After-action report (AAR). d. Situation report (SITREP).
d. Situation report (SITREP).
365
Which is a request for information regarding government records?
a. Freedom of Information Act (FOIA) request.
b. Disclosure authority (DA) request.
c. Business records (BR) request.
d. Privacy Act (PA) request.
d. Privacy Act (PA) request.
366
What is the minimum number of voting members for an administrative discharge board?
Three.
367
On what matters can legal assistance officers provide advice to eligible personnel?
Personal, civil legal matters.
368
What is the standard of evidence for a board procedure?
Preponderance of the evidence.
369
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.,” asappropriate.
370
What does a CO applicant have to prove?
The member must establish by clear and convincing evidence that: 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.
371
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).
372
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.
373
What are the three recognized symbols, which are in use for the marking of protected places?
The Red Cross, the Red Crescent, and the Red Crystal.
374
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.
375
What does the ADA “amount rule” prevent?
Prevents agencies from spending more money than is released from Congress.
376
For Magistrate Court cases, what is the first step in assembling court files? Why?
Ensure there is a consent form in the file. A consent form must be in the file before proceeding and if a person elects to be tried in US District Court for his or her offenses, then the consent form is the only requirement for the magistrate court file.
377
Which document is developed between installation commanders and state and local prosecutors when the installation has concurrent jurisdiction?
MOU.
378
Which is a request for information regarding government records?
a. Freedom of Information Act (FOIA) request.
b. Disclosure authority (DA) request.
c. Business records (BR) request.
d. Privacy Act (PA) request.
a. Freedom of Information Act (FOIA) request.
379
After obtaining consent from the defendant to be tried in federal Magistrate Court for a misdemeanor offense, what is the next step in the process?
Prepare a complaint or “information” for misdemeanor offenses.
380
After you have entered or verified a client’s information for a legal assistance appointmentin the Web-based Legal Information Online System (WebLIONS), selecta.the CLIENT WAITING LIST button.b.the COMPLETE AF1175 INPUTS button.c.either the ALL OPEN VISITS or YOUR OPEN VISITS button.d.either the LEGAL ASSISTANCE or DOCUMENTS/NOTARIES button.
d.either the LEGAL ASSISTANCE or DOCUMENTS/NOTARIES button.
381
Which AFI should legal staffs familiarize themselves with for reporting Law of Armed Conflict violations?
AFI 51–401.
382
List the exceptions to the Posse Comitatus Act.
(1) National Guard forces operation under state active duty, under the control of the governor or Title 32.
(2) Federal troops acting pursuant to the presidential power to quell insurrection.
(3) Aerial photographic and visual search and surveillance by military personnel.
(4) Congressionally created “drug exception.”
(5) The USCG when operating under Title 14.
383
What is the overall responsibility of the FOIA/PA manager?
Processing requests for information that cite either the FOIA or the PA.
384
What type of operations are conducted to relieve or reduce the results of natural or man-made disasters or other endemic conditions such as human pain, disease, hunger, or lack of the basic necessities of life that might present a serious threat to life or result in great damage or loss of property?
Humanitarian assistance.
385
Who can sign as agency reviewer on an OGE Form 450?
A judge advocate or a civilian attorney, when delegated by the SJA.
386
When determining ROE, where do you need to check first and foremost?
US SROE.
387
Within what maximum number of days must an Airman submit an appeal to a demotion action to the Military Personnel Section (MPS)? a. Three. b. Five. c. Seven. d. Ten.
a. Three.
388
Who appoints military legal advisors (MLA)? a. Major command (MAJCOM) commander. b. Installation commander. c. Local Staff Judge Advocate (SJA). d. The Judge Advocate General (TJAG).
c. Local Staff Judge Advocate (SJA).
389
Who is responsible for timely and accurate SITREP reporting?
The commander or designated alternate.
390
Who must interview the CO applicant prior to the processing of his/her application?
Chaplain and psychiatrist.
391
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.
392
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.
393
If an officer requested to retire in lieu of an administrative or judicial action, what determination must be made?
Officer grade determination.
394
What information is covered by the FOIA?
Government records.
395
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 should the respondent receive for the current enlistment, and should the respondent be given an opportunity for P&R
396
What regulation provides for voluntary separation of officers?
AFI 36–3207.
397
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.
398
What is the most extensive of the three types of SOFAs?
Full SOFA.
399
What are the two 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 as 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).
400
In a federal Magistrate Court case, immediately following arraignment on a petty offense where the defendant pleads guilty, the magistrate will a. impose a sentence. b. set a date for sentencing. c. assign a public defender to the accused. d. request a presentencing report from Pre-Trial Services.
a. impose a sentence.
401
Who has overall responsibility for implementing status of forces policies and procedures in each foreign country? a. US Ambassador. b. Secretary of State. c. Designated commanding officer (DCO). d. Joint Force Air Component Commander (JFACC).
c. Designated commanding officer (DCO).
402
When may classified information be disclosed?
Only with the consent of SecAF and in accordance with applicable DOD and AF regulations.
403
Who appoints the US magistrate?
US District Court.
404
A commander may continue demotion action based on incidents that occurred before an Airman’s reenlistment a. by special approval of the Secretary of the Air Force (SecAF). b. by special approval of the major command (MAJCOM) commander. c. if the Airman was promoted based on achievements prior to the reenlistment. d. if the facts and circumstances of the incidents were not known by the commander until after reenlistment.
d. if the facts and circumstances of the incidents were not known by the commander until after reenlistment.
405
Within what period of time after assuming command does a commander have to review assigned personnel’s unfavorable information files (UIF)? a. 30 days. b. 60 days. c. 90 days. d. 120 days.
c. 90 days.
406
Under the provisions of CS, the MACA consists of what?
MSCA, MSCLEA, and MACDIS.
407
What is the International Criminal Court?
A permanent international criminal court that tries persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity, and war crimes.
408
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.
409
When would the use of otherwise lawful arms not be allowed?
When used in a manner that causes unnecessary suffering.
410
What type of missions does DOD provide to Homeland Security?
Homeland defense and civil support.
411
Which LOAC principle requires defenders to separate military objects from civilian objects to the maximum extent feasible?
Distinction.
412
Once opening statements have been made, who first presents evidence in an administrative discharge board proceeding? a. Respondent’s counsel. b. Legal advisor. c. Recorder. d. Reporter.
c. Recorder.
413
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, toinclude many military offices such as Finance and Personnel offices. A special POA is more likely to beaccepted because the document contains a specific act or acts to be done.
414
Who retains sole responsibility for response to off-installation foreign incidents? a. Host nation. b. Commander. c. United Nations (UN). d. US ambassador.
a. Host nation.
415
What information does the unclassified SROE approved by the CJCS contain?
Basic rules for national and unit self-defense.
416
What characterization of discharge may officers receive?
Honorable, general (under honorable conditions), or UOTHC.
417
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.
