Chapter 7 Flashcards
1
Q
The _______ is a leadership tool that indicates where command involvement is needed to correct systematic, programmatic, or procedural weaknesses, and to ensure resources are used effectively and efficiently. It also resolves problems affecting the Air Force mission and creates an atmosphere of trust in which issues can be resolved without fear of reprisal. (7.8.)
A
Air Force IG Complaints Program
2
Q
The primary charge of the _______ is to maintain a credible Air Force IG system by ensuring the existence of responsive complaint investigations, and Fraud, Waste, and Abuse programs characterized by objectivity, integrity, and impartiality. (7.8.)
A
Inspector General (IG)
3
Q
Only the _______ may investigate allegations of reprisal under the Military Whistleblower’s Protection Act. (7.8.)
A
Inspector General
4
Q
The concept of separate, full-time installation IGs was implemented to remove any perceived conflict of interest, lack of independence, or apprehension by Air Force personnel. This is a result of the previous practice of: (7.9.)
A
assigning chain of command and IG roles to the same official
5
Q
The installation IG is organized as a staff function reporting directly to: (7.9.)
A
the installation commander
6
Q
IGs are the “eyes and ears” of the commander. They: (7.9.1.)
A
-inform the commander of potential areas of concern as reflected by trends -function as the fact finder and honest broker in the resolution of complaints -educate and train commanders and members on their rights and responsibilities
7
Q
Which of the following are not covered by the IG complaint resolution program? (7.9.2.)
A
-commander-directed inquiries and investigations -AFOSI or security forces investigations -investigations of civilian employees who have specific appeal rights under labor union agreements
8
Q
Not all matters are appropriate for an IG complaint. Which of the following does not justify an IG investigation? (7.9.2.2. and 7.9.2.3.)
A
-being held accountable for lost equipment after a Report of Survey investigation -disagreement with the outcome of an alternative grievance or appeal process -reporting an Air Force mishap or safety incident or risk
9
Q
Before addressing complaints to the IG, members who have a grievance should try to _______. (7.9.3.)
A
resolve the issues at the lowest possible level using command channels
10
Q
Complainants should attempt to resolve issues at the lowest possible level before contacting the IG because: (7.9.3.)
A
the immediate supervisory command chain can often resolve complaints more quickly and effectively than higher levels
11
Q
Complainants should attempt to resolve issues at the lowest possible level because the immediate supervisory command chain can often resolve complaints more quickly and effectively than a higher level. Use the IG system when: (7.9.3.)
A
-there is fear of reprisal -referral to the chain of command is futile
12
Q
What form is used to file an IG complaint? (7.9.4.)
A
AF IMT 102, Inspector General Personal and Fraud, Waste & Abuse Complaint Registration
13
Q
AFI 90-301, Inspector General Complaints Resolution, outlines the procedures for filing a complaint with the IG. Complainants may also file a complaint anonymously by: (7.9.4.)
A
-calling an Air Force FWA Hotline -calling the Defense Hotline -directly contacting an IG
14
Q
Which of these is not true of IG complainants’ rights? (7.9.5.)
A
complainants may not submit complaints anonymously
15
Q
If a management official takes (or threatens to take) an unfavorable personnel action, or withholds (or threatens to withhold) a favorable personnel action, to retaliate against a member who made, or prepared to make, a protected communication, it is called: (7.9.5.7.1.)
A
a reprisal
16
Q
Any lawful communication, regardless of the subject, to an IG or Congress, is considered: (7.9.5.7.1.)
A
protected
17
Q
10 USC Section 1034 states that a military member may not be restricted or prohibited from making a lawful communication to the IG or a member of Congress. Restriction can result from either private or public statements that may reasonably discourage Air Force members from contacting the IG or a member of Congress. Examples of restriction are: (7.9.5.7.2.)
A
-statements that discourage members from contacting the IG or a member of Congress -a First Sergeant who directs a member to stay within his chain of command
18
Q
Improper mental health evaluation (MHE) referral cases typically involve: (7.9.5.7.3.)
A
improper procedures
19
Q
AFI 44-109, Mental Health, Confidentiality, and Military Law, states, “Supervisory personnel, including commanders, may encourage Air Force members to voluntarily seek mental health care…supervisors and commanders may not, however, under any circumstances attempt to: (7.9.5.7.3.)
A
coerce members to voluntarily seek a mental health evaluation”
20
Q
The DoD Inspector General provides a quarterly report to Congress detailing IG allegations of improper mental health evaluations, reprisal, and restriction. In the Air Force, most allegations in these three areas are against: (7.9.5.7.4.)
A
First Sergeants and senior enlisted personnel
21
Q
IG complaints must be filed within _______ of learning of the alleged wrong. (7.9.6.)
A
60 days
22
Q
Complainants must understand that when they submit an IG complaint, they are submitting official statements. Therefore, they are subject to ______ for knowingly making false statements and submitting other unlawful communications. (7.9.6.)
A
punitive action
23
Q
The IG makes every effort to protect the identity of complainants and will only release the name of a complainant: (7.9.7.)
A
-on an official need-to-know basis -with the IG’s or appointing authority’s written permission
24
Q
This is an official record of unfavorable information about an individual which contains documents that are administrative, judicial, or nonjudicial censures concerning the member’s performance, responsibility, and behavior: (7.11.)
A
an Unfavorable Information File (UIF)
25
Which of the following documents must be filed in a UIF if they exist? (7.11.1.)
-suspended or unsuspended Article 15 punishment of more than 1 month -a court-martial conviction -placement on the control roster
26
Some types of documents must be filed in a UIF; others are optional. Which of the following are not optional? (7.11.1.)
a civilian conviction where the penalty is confinement of 1 year or more
27
Who does not have the authority to establish UIFs? (7.11.2.)
a workcenter NCOIC or First Sergeant
28
Before establishing a UIF, the commander sends optional documents (letters of admonishment, counseling, and reprimand) to the offending member along with: (7.11.2.)
an AF IMT 1058, Unfavorable Information File Action
29
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.)
3 duty days
30
Who has authorized access to a member's UIF? (7.11.3.)
-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
31
Commanders review unit UIFs within _______ of assuming command. (7.11.3.)
90 days
32
Commanders review unit UIFs within 90 days of assuming command. UIFs are also reviewed when: (7.11.3. and 11.3.2.2.)
-individuals are considered for promotion, reenlistment, or PCS -individuals are considered for reclassification or retraining -the rater prepares an EPR on an individual
33
How long does the commander keep the UIF and its documents (unless early removal is clearly warranted)? (7.11.4.)
for the disposition period
34
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.)
AFI 36-2907, Unfavorable Information File (UIF) Program
35
Commanders initiate actions to remove UIFs or documents within the UIF using: (7.11.4.)
an AF IMT 1058, Unfavorable Information File Action
36
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, is: (7.12.)
Control Roster
37
An individual cannot remain on the Control Roster for more than _____ consecutive months. (7.12.1.)
6
38
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.)
initiates more severe action
39
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.)
AF IMT 1058, Unfavorable Information File Action
40
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.)
at 2400 hours 6 months later
41
The commander can remove an enlisted member from the control roster early using: (7.12.2.)
AF IMT 1058, Unfavorable Information File Action
42
Who can issue administrative counseling, admonitions, and reprimands? (7.13.)
-commanders -supervisors and other persons in authority
43
Commanders, supervisors, and other persons in authority may issue administrative counseling, admonitions, and reprimands. These actions are intended to: (7.13.)
improve, correct, and instruct subordinates who depart from Air Force standards
44
What form is used to record counseling sessions? (7.13.1.)
AF IMT 174, Record of Individual Counseling
45
AF IMT 174, Record of Individual Counseling, is normally used to record counseling sessions but counseling sessions may also be documented: (7.13.1.)
-on bond paper -on letterhead
46
Order these levels of counseling from least to most severe: (7.13.1. and 7.13.2. and 7.13.3.)
LOC, LOA, LOR
47
A _______ is more severe than a Letter of Counseling or Letter of Admonishment and indicates a stronger degree of official censure. (7.13.3.)
Letter of Reprimand
48
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
49
Written counselings, 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.)
That all documents received from the individual will become part of the record
50
Administrative actions range from counseling and reprimand to removal from position, reassignment, and demotion. What authority may demote Master Sergeants and below? (7.14.)
group or equivalent-level commander
51
Administrative actions range from counseling and reprimand to removal from position, reassignment, and demotion. What level authority may demote a Senior Master Sergeant (SMSgt) or Chief Master Sergeant (CMSgt)? (7.14.)
MAJCOM, FOA, and DRU commander
52
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
53
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
54
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 commander
55
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)
56
Most first-term Airmen have a Military Service Obligation requiring them to complete _______ of military service. (7.15.1.)
8 years
57
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
58
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
59
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
60
Airmen are entitled to separate at ETS unless: (7.15.3.)
there is a specific authority for retention or they consent to retention
61
Under some circumstances, Airmen are required to separate. Examples are: (7.15.3.1.)
-irmen 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
62
Which of the following is an acceptable reason for voluntary separation? (7.15.3.2. and 7.15.3.3.)
pregnancy or conscientious objection
63
Airmen are subject to discharge for cause (involuntary separation) for what reasons? (7.15.3.3.)
-substance abuse -unsatisfactory performance -in the interest of national security
64
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
65
The most desirable means of maintaining standards is _______. (7.16.)
effective leadership
66
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
67
The primary source of our military law is _______. (7.16.1.)
the U.S. Constitution
68
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
69
In 1950, Congress enacted the UCMJ and President _______ signed it into law. (7.16.2.1.)
Harry S. Truman
70
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
71
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
72
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
73
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
74
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
75
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
76
Members of the Armed Forces retain virtually all the legal rights they held as civilians. Prior to interrogation, a suspect is entitled to consult with counsel and to have such counsel present at the interrogation. If counsel is requested, questioning: (7.16.3.1.1.)
must cease until counsel is present
77
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.)
-Article 32 investigations -the Article 15 process -summary, special, and general courts-martial
78
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
79
Apprehension is the act of: (7.17.1.1.)
taking a person into custody; the equivalent of a civilian "arrest"
80
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)
81
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
82
NCOs may not apprehend commissioned or warrant officers unless _______. (7.17.1.1.2.)
the NCO is performing law enforcement duties
83
All commissioned officers, warrant officers, petty officers, NCOs, military and security forces, and persons on guard or performing police duties have the authority to apprehend persons subject to trial by court-martial. However, 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
84
Imposing moral or physical restraint on a person's liberty before and during offense disposition is known as _______. (7.17.1.2.)
pretrial restraint
85
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
86
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
87
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
88
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
89
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
90
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
91
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
92
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
93
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
94
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
95
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
96
Confinement is _______ restraint, such as imprisonment in a confinement facility. (7.17.1.2.4.)
physical
97
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
98
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
99
The _______ protects against unreasonable searches and seizures. (7.17.2.1.)
fourth Amendment to the U.S. Constitution
100
The fourth amendment to the U.S. Constitution protects against unreasonable searches and seizures. 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
101
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"
102
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
103
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
104
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
105
Nonjudicial punishment is authorized by _______. (7.18.)
Article 15 of the UCMJ
106
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
107
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
108
An Article 15 may be imposed for minor offenses. 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
109
Which of the following is not a punishment authorized under Article 15 of the UCMJ? (7.18.2.)
discharge
110
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
111
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
112
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
113
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
114
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
115
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
116
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
117
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.)
7 days
118
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
119
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
120
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
121
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
122
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
123
Which of the following is not a type of court martial? (7.19.1. - 7.19.3.)
Air Force Discharge Review Board (AFDRB)
124
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
125
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
126
There are 3 kinds of court martials: Summary, Special, and General. Which type tries intermediate-level offenses? (7.19.2.)
Special Court-Martial
127
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
128
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
129
Which type of court martial tries the most serious offenses? (7.19.3.)
General Court-Martial
130
Which type of court-martial is composed of a military judge and at least a five-member panel? (7.19.3.)
General Court-Martial
131
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
132
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
133
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
134
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
135
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
136
A sentence of death requires a ________ vote by a panel of 12 members. (7.20.2.)
unanimous
137
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
138
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
139
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
140
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
141
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
142
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)
143
The first level of formal appellate review is _______. (7.22.2.)
the U.S. Air Force Court of Criminal Appeals (AFCCA)
144
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
145
The highest appellate court in the military justice system is _______. (7.22.3.)
the U.S. Court of Appeals for the Armed Forces (USCAAF)
146
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
147
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
