Chapter 7 Flashcards
2
Q
An official record of unfavorable information about an individual and administrative, judicial, or nonjudicial censures concerning the member’s performance, responsibility, and behavior is known as (7.11.)
A
an Unfavorable Information File (UIF)
3
Q
Which of the following documents must be filed in a UIF if they exist? (7.11.1.)
A
-suspended or unsuspended Article 15 punishment of more than 1 month-a court-martial conviction-placement on the control roster
4
Q
Some types of documents must be filed in a UIF; others are optional. Which of the following are not optional? (7.11.1.)
A
a civilian conviction resulting in confinement of 1 year or more
5
Q
Who does not have the authority to establish UIFs? (7.11.2.)
A
a workcenter NCOIC or First Sergeant
6
Q
Before establishing a UIF, the commander sends optional documents (letters of admonishment, counseling, and reprimand) to the offending member along with (7.11.2.)
A
an AF IMT 1058, Unfavorable Information File Action
7
Q
Before establishing a UIF, the commander sends optional documents (LOAs, LOCs, and LORs) to the member along with an AF IMT 1058, Unfavorable Information File Action. The individual then has _______ to respond before the commander makes a decision on placing the optional documents in the UIF. (7.11.2.)
A
3 duty days
8
Q
Who has authorized access to a member’s UIF? (7.11.3.)
A
-the IG, inspection team, judge advocate, and paralegals-MEO personnel, ADAPT Program personnel, AFOSI, and security forces personnel-the member, commander, First Sergeant, EPR reporting and rating officials, and MPF personnel
9
Q
Commanders review unit UIFs within ________ of assuming command. (7.11.3.)
A
90 days
10
Q
Commanders review unit UIFs within 90 days of assuming command. UIFs are also reviewed when (7.11.3. and 15.17.2.)
A
-individuals are considered for promotion, reenlistment, or PCS-individuals are considered for voluntary or mandatory reclassification or retraining
11
Q
How long does the commander keep the UIF and its documents (unless early removal is clearly warranted)? (7.11.4.)
A
for the disposition period
12
Q
Commanders keep the UIF and its documents for the disposition period unless early removal is clearly warranted. What Air Force Instruction contains additional guidance on disposition dates? (7.11.4.)
A
AFI 36-2907, Unfavorable Information File (UIF) Program
13
Q
Commanders initiate actions to remove UIFs or documents within the UIF using (7.11.4.)
A
an AF IMT 1058, Unfavorable Information File Action
14
Q
A rehabilitative tool commanders use to establish a 6-month observation period for individuals whose duty performance is substandard or who fail to meet or maintain Air Force standards of conduct, bearing, and integrity. (7.12.)
A
Control Roster
15
Q
An individual cannot remain on the Control Roster for more than _____ consecutive months. (7.12.1.)
A
6
16
Q
An individual cannot remain on the Control Roster for more than 6 consecutive months. If a member is not rehabilitated within 6 months, the commander (7.12.1.)
A
initiates more severe action
17
Q
A commander initiates control roster action using _________ and forwards it to the individual who has 3 duty days to submit a statement on his or her behalf. (7.12.2.)
A
AF IMT 1058, Unfavorable Information File Action
18
Q
The control roster is a rehabilitative tool commanders use to establish a 6-month observation period for members whose duty performance fails to meet Air Force standards. The 6-month period begins the day the AF IMT 1058 is finalized and ends (7.12.2.)
A
at 2400 hours 6 months later
19
Q
The commander can remove an enlisted member from the control roster early using (7.12.2.)
A
AF IMT 1058, Unfavorable Information File Action
20
Q
Who can issue administrative counseling, admonitions, and reprimands? (7.13.)
A
-commanders-supervisors and other persons in authority
21
Q
Commanders, supervisors, and other persons in authority may issue administrative counseling, admonitions, and reprimands. These actions are intended to (7.13.)
A
improve, correct, and instruct subordinates who depart from Air Force standards
22
Q
What form is used to record counseling sessions? (7.13.1.)
A
AF IMT 174, Record of Individual Counseling
23
Q
AF IMT 174, Record of Individual Counseling, is normally used to record counseling sessions but counseling sessions may also be documented: (7.13.1.)
A
-on bond paper-on letterhead
24
Q
Order these levels of counseling from least to most severe: (7.13.1. and 7.13.2. and 7.13.3.)
A
LOC, LOA, LOR
25
Q
A _________ is more severe than a Letter of Counseling or Letter of Admonishment and indicates a stronger degree of official censure. (7.13.3.)
A
Letter of Reprimand
26
Counselings, admonitions, or reprimands are administered verbally or in writing. If written, the letter states: (7.13.4.)
-What the member did or failed to do, citing specific incidents and dates-What improvement is expected
27
Written counseling, admonitions, or reprimands state (1) What the member did or failed to do, (2) What improvement is expected, (3) That further deviation may result in more severe action, (4) That the individual has 3 duty days to submit rebuttal documents, and (7.13.4.)
(5) That all documents received from the individual will become part of the record
28
Administrative actions include, but are not limited to, counseling, reprimand, creation of a UIF, removal from position, reassignment, and demotion. What authority may demote Master Sergeants and below? (7.14.)
a group or equivalent-level commander
29
What level authority may demote a Senior Master Sergeant (SMSgt) or Chief Master Sergeant (CMSgt)? (7.14.)
MAJCOM, FOA, and DRU commander
30
Which of these is a common reason for the administrative demotion of Airmen? (7.14.1.)
-failure to attain or maintain fitness program standards-failure to complete officer training for reasons of academic deficiency, self-elimination, or misconduct-failure to maintain grade and skill relationship and skill level
31
The commander must inform an Airman, in writing, of the intention to recommend demotion. The Airman then has _______ to agree or disagree with the action and to present written or oral statements. (7.14.2.)
3 duty days
32
Airmen may appeal demotion decisions. The appellate authority for Airmen in the grades of Amn through MSgt is (7.14.3.)
the next level commander above the group or equivalent-level commander
33
Airmen may appeal demotion decisions. The appellate authority for Airmen in the grades of SMSgt and CMSgt is (7.14.3.)
the Air Force Vice Chief of Staff (unless the MAJCOM, FOA, or DRU commander delegated demotion authority to a subordinate level)
34
Most first-term Airmen have a Military Service Obligation requiring them to complete _______ of military service. (7.15.1.)
8 years
35
Most first-term Airmen have a Military Service Obligation of 8 years of military service. Active duty Airmen who have not met this obligation at the time of separation will be released (not discharged) and transferred to _________ to complete the remaining service obligation. (7.15.1.)
the Air Force Reserve
36
The service of members separating at their expiration of term of service (ETS), or voluntarily or involuntarily separating for the convenience of the government, is characterized as (7.15.2.)
honorable
37
The character of service of members administratively discharged under AFI 36-3208, Administrative Separation of Airmen, may be characterized as (7.15.2.)
honorable, under honorable conditions (general), or under other than honorable conditions
38
Airmen are entitled to separate at ETS unless (7.15.3.)
there is a specific authority for retention or they consent to retention
39
Under some circumstances, Airmen are required to separate. Examples are: (7.15.3.1.)
-Airmen who will serve in another military status such as with the ANG-Airmen who accept an appointment as an Air Force commissioned officer-Airmen who don't have sufficient retainability for PCS
40
Which of the following is an acceptable reason for voluntary separation? (7.15.3.2. and 7.15.3.3.)
pregnancy or conscientious objection
41
Airmen are subject to discharge for cause (involuntary separation) for what reasons? (7.15.3.3.)
-unsatisfactory performance-homosexual conduct-in the interest of national security
42
If charges have been preferred against an Airman and if the UCMJ authorizes punitive discharge as punishment for the offense, the Airman may request __________ instead of trial by court-martial. (7.15.3.4.)
an administrative discharge
43
The most desirable means of maintaining standards is _______. (7.16.)
effective leadership
44
The purpose of military law is _______. (7.16.)
-to promote justice and to assist in maintaining good order and discipline-to promote efficiency and effectiveness in the military establishment-to strengthen the national security of the United States
45
The primary source of our military law is ________. (7.16.1.)
the Constitution
46
The U.S. Constitution gives this entity the power to raise an Army and Navy, control the military budget, and make rules for the government of the Army and Navy. (7.16.1.)
Congress
47
In 1950, Congress enacted the UCMJ and President ________ signed it into law. (7.16.2.1.)
Harry S. Truman
48
In 1950, Congress enacted the UCMJ, and President Harry S. Truman signed it into law. The UCMJ became effective _______. (7.16.2.1.)
31 May 1951
49
In 1951, President Truman created the Manual for Courts Martial (MCM) by executive order. The MCM establishes rules for evidence, procedure, and maximum punishments and is revised _______. (7.16.2.2.)
annually
50
In 1951, President Truman created the Manual for Courts Martial (MCM) by executive order. The MCM is intended to _______. (7.16.2.2.)
provide military law guidance to commanders and judge advocates
51
The Manual for Courts Martial (MCM) includes a wide range of materials, including _______. (7.16.2.2.)
-the UCMJ-the U.S. Constitution-rules for courts-martial and military rules of evidence
52
Members of the Armed Forces retain virtually all the legal rights they held as civilians, including protection against involuntary self-incrimination. A statement is "involuntary" when _______. (7.16.3.1.1.)
-obtained in violation of the Fifth Amendment to the Constitution or Article 31 of the UCMJ-obtained through the use of coercion, unlawful influence, or unlawful inducement
53
Members of the Armed Forces retain virtually all the legal rights they held as civilians, including protection against involuntary self-incrimination. The UCMJ requires that prior to interrogation or any request for a statement, the person must first be told _______. (7.16.3.1.1.)
-the nature of the accusation-that he or she does not have to make any statement regarding the offense-that any statement he or she makes may be used as evidence in a trial by court-martial
54
Prior to interrogation, the suspect is entitled to consult with counsel and to have such counsel present at the interrogation. If counsel is requested, _______. (7.16.3.1.1.)
questioning must cease until counsel is present
55
The UCMJ provides an accused the right to be represented by a military attorney free of charge at general and special courts-martial regardless of the ability to pay. In the Air Force, an attorney is provided, free of charge, to represent all members before _______. (7.16.3.2.1.)
-summary, special, and general courts-martial-Article 32 investigations-the Article 15 process
56
Military members accused of a crime will normally receive assistance and representation from the Area Defense Counsel (ADC). The organization of the ADC enables it to provide undivided loyalty to the client because (7.16.3.2.2.)
-it does not report to anyone at base level, including the Wing Commander and Staff Judge Advocate-the ADC works for a separate chain of command and is responsible only to senior defense attorneys
57
Apprehension is the act of (7.17.1.1.)
taking a person into custody; the equivalent of a civilian "arrest"
58
Which of the following does not have the authority to apprehend persons subject to trial by court-martial? (7.17.1.1.)
SrA and below (if not on guard or performing police duties)
59
An apprehension is made by _______. (7.17.1.1.1.)
-stating "you are under apprehension"-notifying a person, orally or in writing, that he or she is in custody-using such force and means as are reasonably necessary under the circumstances
60
NCOs may not apprehend commissioned or warrant officers unless _______. (7.17.1.1.2.)
the NCO is performing law enforcement duties
61
Non-law enforcement NCOs may NOT apprehend commissioned or warrant officers unless _______. (7.17.1.1.2.)
-specifically ordered to do so by a commissioned officer-the apprehension prevents disgrace to the service-the apprehension prevents the commission of a serious offense
62
Imposing moral or physical restraint on a person's liberty before and during offense disposition is known as _______. (7.17.1.2.)
pretrial restraint
63
Pretrial restraint is imposing moral or physical restraint on a person's liberty before and during offense disposition. Pretrial restraint may include (7.17.1.2.)
-arrest-confinement-conditions on liberty or restrictions
64
Pretrial restraint is imposing moral or physical restraint on a person's liberty before and during offense disposition. Only _______ can order pretrial restraint of an officer and this authority cannot be delegated. (7.17.1.2.)
an officer's commander
65
Only an officer's commander can order the pretrial restraint of an officer. Who may order the pretrial restraint of any enlisted person? (7.17.1.2.)
any commissioned officer
66
Any commissioned officer may order the pretrial restraint of any enlisted person. An enlisted person's commander may also delegate such restraint authority to _______. (7.17.1.2.)
an NCO
67
Pretrial restraint may include conditions on liberty, restrictions, arrest, or confinement. Conditions on liberty is _______. (7.17.1.2.1.)
directing a person to do or refrain from doing specified acts
68
Pretrial restraint may include conditions on liberty, restrictions, arrest, or confinement. Restriction is _______. (7.17.1.2.2.)
restraint on a person to remain within specified limits, but is less severe than arrest
69
Pretrial restraint may include conditions on liberty, restrictions, arrest, or confinement. Persons under Restrictions in Lieu of Arrest _______. (7.17.1.2.2.)
will perform full military duties unless otherwise directed
70
Pretrial restraint may include conditions on liberty, restrictions, arrest, or confinement. Arrest is _______. (7.17.1.2.3.)
the limiting of a person's liberty; direction to remain within specified limits
71
In the Armed Forces, arrest means limiting a person's liberty and is not imposed as punishment for an offense. Arrest is a ______ restraint. (7.17.1.2.3.)
moral
72
Pretrial restraint may include conditions on liberty, restrictions, arrest, or confinement. Persons under arrest are (7.17.1.2.3.)
not expected to perform full military duties
73
Pretrial restraint may include conditions on liberty, restrictions, arrest, or confinement. Confinement means _______. (7.17.1.2.4.)
physical restraint, such as imprisonment in a confinement facility
74
Confinement is _______ restraint, such as imprisonment in a confinement facility. (7.17.1.2.4.)
physical
75
Confinement is physical restraint, such as imprisonment in a confinement facility. Individuals are put in pretrial confinement only when (7.17.1.2.4.)
lesser forms of pretrial restraint are inadequate
76
Pretrial restraint is imposing moral or physical restraint on a person's liberty before and during offense disposition. Pretrial restraint may include conditions on liberty, restrictions, arrest, or confinement and may only be ordered if _______. (7.17.1.3.)
-the circumstances require restraint-there is a reasonable belief that the person committed an offense triable by court-martial
77
The _______ protects against unreasonable searches and seizures. (7.17.2.1.)
Fourth Amendment to the U.S. Constitution
78
Probable cause to search exists when (7.17.2.2.)
there is a reasonable belief that the person, property, or evidence sought is located in the place or on the person to be searched
79
This is the military equivalent of a civilian search warrant and is an express permission, written or oral, issued by a competent military authority to search a person or an area for specified property or evidence or to search for a specific person and to seize such property, evidence, or person. (7.17.2.3.)
"Authorization to search"
80
Who has the power to authorize a search and seizure over anyone subject to military law or at any place on the installation? (7.17.2.4.)
-commanders and military judges-installation commanders and magistrates
81
Commanders may conduct inspections of their units. Inspections are not searches. The distinction between a search and an inspection is that _______. (7.17.3.)
-an inspection does not focus on a particular suspect or individual-an inspection is not conducted for the primary purpose of obtaining evidence for use in a trial
82
An examination of the whole or part of a unit, organization, installation, vessel, aircraft, or vehicle conducted to determine the security, military fitness, or good order and discipline is _______. (7.17.3.)
an inspection
83
Nonjudicial punishment is authorized by _______. (7.18.)
Article 15 of the UCMJ
84
Nonjudicial punishment is authorized by Article 15 of the UCMJ and is often referred to as an "Article 15". An Article 15 should not be offered unless _______. (7.18.)
the commander is prepared to proceed with court-martial charges
85
Whether an offense is minor depends on several factors and is left to the commander's discretion. Besides the nature of the offense, the commander should also consider _______. (7.18.1.)
-the offender's age, grade, duty assignments, record, and experience-the maximum sentence imposable for the offense if tried by a general court-martial
86
Whether an offense is minor depends on several factors and is left to the commander's discretion. Ordinarily, a minor offense is an offense for which the maximum sentence imposable would not include _______. (7.18.1.)
-a dishonorable discharge if tried by a general court martial-confinement for more than 1 year if tried by a general court martial
87
Which of the following is not a punishment authorized under Article 15 of the UCMJ? (7.18.2.)
discharge
88
The type and extent of punishment authorized under Article 15 are limited by _______. (7.18.2.)
-the offender's grade-the imposing commander's grade
89
Although the commander may consult with the Staff Judge Advocate to help determine whether nonjudicial punishment is appropriate, who will make the decision to impose punishment and the degree of punishment imposed? (7.18.3.1.)
the commander
90
After the commander determines that an Article 15 is appropriate, the Staff Judge Advocate prepares an _______. (7.18.3.2.)
AF Form 3070A, Record of Nonjudicial Punishment Proceedings
91
The type and extent of punishment authorized under Article 15 are limited by both the imposing commander's grade and the offender's grade. The maximum length of time a Lieutenant may order a Master Sergeant into correctional custody is _______. (Table 7.2.)
7 days
92
Under Article 15, what is the maximum forfeiture of pay amount that may be ordered by any level of commander? (Table 7.2.)
1/2 of 1 month's pay per month for 2 months
93
The type and extent of punishment authorized under Article 15 are limited by both the commander's grade and the offender's grade. What is the maximum forfeiture of pay amount that may be ordered by a Lieutenant or Captain? (Table 7.2.)
7 day's pay
94
The type and extent of punishment authorized under Article 15 are limited by both the commander's grade and the offender's grade. what is the maximum length of correctional custody that may be ordered by any level of commander? (Table 7.2.)
30 days
95
After being offered an Article 15/NonJudicial Punishment, how much time does a member have to consult with military defense counsel and make a decision? (7.18.3.3.)
3 duty days
96
A member's decision to accept an Article 15 is not an admission of guilt but _______. (7.18.3.3.)
is a choice of forum
97
During Article 15 proceedings, if the commander finds the member committed an offense, he or she will determine the appropriate punishment and serve it on the member, notifying the member of the right to appeal. How long does the offender have to submit a written appeal? (7.18.3.6.)
5 calendar days
98
A commander has the power to suspend, remit, mitigate, or set aside punishment of an Article 15. To suspend means to _______. (7.18.4.1.)
postpone all or part of the punishment for a specific probationary period
99
A commander has the power to suspend, remit, mitigate, or set aside punishment of an Article 15. To remit or remission means to _______. (7.18.4.2.)
cancel any portion of the unexecuted punishment
100
A commander has the power to suspend, remit, mitigate, or set aside punishment of an Article 15. To mitigate or mitigation means to _______. (7.18.4.3.)
reduce either the quantity or quality of a punishment
101
A commander may suspend, remit, mitigate, or set aside punishment of an Article 15. To set aside means to _______. (7.18.4.4.)
set aside the punishment when circumstances indicate it is clearly an injustice
102
Which of the following is not a type of court martial? (7.19.1. - 7.19.3.)
Air Force Discharge Review Board (AFDRB)
103
There are 3 kinds of court martials: Summary, Special, and General. Which type is only for enlisted members and tries only minor offenses? (7.19.1.)
Summary Court-Martial
104
A Summary Court Martial tries minor offenses. Instead of a military judge, _______ is appointed as the Summary Court Martial officer. (7.19.1.)
an active duty commissioned officer
105
There are 3 kinds of court martials: Summary, Special, and General. Which type tries intermediate-level offenses? (7.19.2.)
Special Court-Martial
106
A Special Court-Martial usually consists of a military judge and a panel of three or more members. Enlisted accused may request at least _______ of the panel consist of enlisted members. (7.19.2.)
one-third
107
A Special Court Martial tries intermediate-level offenses. The sentences it hands down may include any punishment authorized by the UCMJ except _______. (7.19.2.)
-death-dishonorable discharge or dismissal-confinement in excess of 1 year
108
Which type of court martial tries the most serious offenses? (7.19.3.)
General Court-Martial
109
Which type of court-martial is composed of a military judge and at least a five-member panel? (7.19.3.)
General Court-Martial
110
A General Court-Martial consists of a military judge and a panel of at least 5 members. Enlisted accused may request at least _______ of the panel consist of enlisted members. (7.19.3.)
one-third
111
There are 3 kinds of court martials: Summary, Special, and General. Which type hands down the maximum allowable sentences under the UCMJ up to and including death? (7.19.3.)
General Court-Martial
112
The maximum punishment a Summary Court Martial can deliver is 1 month's confinement, hard labor without confinement for 45 days, restriction for 2 months, forfeiture of 2/3 of 1 month's pay, reduction to AB, reprimand, and a fine. If the accused is SSgt or above, it may not impose a sentence of _______. (Table 7.3.)
-confinement-hard labor without confinement-reduction except to the next pay grade
113
Which type of Court Martial may hand down a sentence of a Bad Conduct Discharge? (Table 7.3.)
Special Court-Martial and General Court-Martial
114
When a case is referred to trial, the convening authority, generally the Wing or Numbered Air Force commander, selects the court-martial panel. Panel members must be _______. (7.20.1.)
senior in grade to the accused and the best qualified
115
The verdict of a court-martial is called the findings. A finding of guilty requires _______ of the members to vote for a finding of guilty. (7.20.2.)
at least two-thirds
116
During a court martial, a finding of guilty requires at least two-thirds of the members to vote for a finding of guilty. Voting is _______. (7.20.2.)
by secret written ballot
117
A sentence of death requires a ________ vote by a panel of 12 members. (7.20.2.)
unanimous
118
A sentence of death requires a unanimous vote by a panel of 12 members but a sentence of confinement in excess of 10 years only requires the concurrence of ________ of panel members. (7.20.2.)
three-fourths
119
After a trial, when the court reporter completes the record of trial, the military judge ensures it accurately reflects the proceedings. Before the convening authority approves, disapproves, or reduces all or part of the findings and sentence, the complete record must be _______. (7.20.3.)
submitted to the Staff Judge Advocate for review
120
The court martial convening authority can _______. (7.21.)
-approve or disapprove any portion of the findings or sentence-mitigate the sentence to another form of punishment as long as the punishment is less severe-suspend any sentence that has been approved except the death sentence
121
Following a court-martial, the record of the trial is reviewed for legal sufficiency. _______ reviews any case not automatically reviewed by the U.S. Air Force Court of Criminal Appeals. (7.22.1.)
The Judge Advocate General (TJAG)
122
The first level of formal appellate review is _______. (7.22.2.)
the U.S. Air Force Court of Criminal Appeals (AFCCA)
123
The first level of formal appellate review is the U.S. Air Force Court of Criminal Appeals (AFCCA). It reviews records of trials that include _______. (7.22.2.)
-a death sentence-dismissal of a commissioned officer or a punitive discharge-confinement of 1 year or more
124
The highest appellate court in the military justice system is _______. (7.22.3.)
the U.S. Court of Appeals for the Armed Forces (USCAAF)
125
The highest appellate court in the military justice system is the U.S. Court of Appeals for the Armed Forces (USCAAF). It reviews cases _______. (7.22.3.)
-that include a death sentence-previously reviewed by the U.S. Air Force Court of Criminal Appeals and forwarded on the Judge Advocate General's order
126
The U.S. Court of Appeals for the Armed Forces is composed of five civilian judges who are appointed by _______. (7.22.3.)
the President
