Vol 2 Flashcards
(298 cards)
1
Q
How must Airmen who want to voluntarily leave the active service PETS, request his/her
separation?
A
Submit his/her separation request using the virtual MPF (vMPF).
2
Q
What agency helps Airmen apply for voluntary separation?
A
The MPS personnel relocation element.
3
Q
Who may exercise separation authority?
A
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.
4
Q
Who has the authority to disapprove a separation for a conscientious objector case?
A
Secretary of the Air Force.
5
Q
What must commanders ensure has been done before recommending an involuntary convenience of the government discharge?
A
That an effort has been made to meet all rehabilitation requirements of AFI 36–3208, and the circumstances
do not warrant discharge for cause.
6
Q
What two procedures are used for processing discharge actions under AFI 36–3208?
A
Notification procedure and board hearing or board waiver procedure.
7
Q
List the minimum required documents to be included in a discharge folder
A
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),
8
Q
What are the three subsequent decisions the SPCMCA must make if he or she decides a
notification procedure case warrants a discharge?
A
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).
9
Q
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?
A
Seven duty days.
10
Q
What document is considered a statement waiving the administrative discharge board
proceedings?
A
A conditional waiver.
11
Q
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?
A
The Air Force Probation and Rehabilitation Program.
12
Q
What are the four basic decisions and recommendations an administrative discharge board must
make?
A
Is there a reason for discharge, should the member be discharged, what service characterization the respondent should receive for the current enlistment, and should the respondent be given an opportunity for P&R.
13
Q
What is the minimum number of voting members for an administrative discharge board?
A
Three
14
Q
Who swears in the recorder at an administrative discharge board hearing?
A
The legal advisor
15
Q
Who is responsible for authenticating the report of the discharge board?
A
The legal advisor or, in his or her absence, the president and the recorder.
16
Q
Under what circumstance may a civilian attorney represent a respondent during a discharge
board?
A
At the respondent’s own expense.
17
Q
What is the standard of evidence for a board procedure?
A
Preponderance of the evidence.
18
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.
19
Q
What directive covers administrative discharge procedures for officers having substandard duty performance?
A
36-3206
20
Q
What is the authority for officer administrative separations?
A
36-3207
21
Q
List the 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; HIV-related reasons; or unprofessional relationship by person serving in a position of trust.
22
Q
What regulation provides for voluntary separation of officers?
A
36-3207
23
Q
What is the purpose of a board of inquiry?
A
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.
24
Q
What characterization of discharge may officers receive?
A
Honorable, general (under honorable conditions), or UOTHC.
25
When a BOI recommends discharge, what is the maximum number of days HQ AFPC/DPSOS has to send the BOI case to HQ USAF/JAA?
Within 5 calendar days after receiving it
26
What Air Force directive governs administrative demotion of Airmen?
36-2502
27
When would the SAF order reductions in grade?
To significantly reduce the Air Force strength and/or grade levels.
28
Who has the authority to demote an Airman?
The group commander, or equivalent level commander, may demote MSgts and below. MAJCOM, FOA,
or DRU commanders may demote chief master and senior master sergeants
29
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.
30
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
31
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.
32
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).
33
What circumstances would cause a revocation of demotion order be published?
When the demotion authority determines the order was published without basis of authority
34
What form is used to document a non-verbal counseling?
AF Form 174
35
What four parts must a written letter of counseling, admonishment, or reprimand include?
(1) Subject of the letter should identify whether it is a counseling, admonition, or reprimand.
(2) Body of the letter should reflect what the member did or did not do.
(3) Letter should include expected improvement and a warning that other severe action could result if the
behavior is repeated.
(4) The final paragraph should include a Privacy Act statement and require written acknowledgment from
36
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?
3 duty days for AD, 30 days for reservists
37
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.
38
Who has the power to place members of their units on the control roster?
CC at all levels
39
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).
40
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).
41
What actions may a commander take on optional unfavorable information?
File it in a UIF, destroy it, return it to the originator, or place the information in the member’s unit assigned PIF located in the office of the commander’s support staff.
42
Which form is the concise summary of all actions taken on a member’s UIF?
AF Form 1137
43
What is the maximum amount of time that documents may be retained in a member’s UIF?
6 months to 4 years
44
When notified of his or her commander’s option to file documents into the member’s officer
selection record, what does the member have the right to submit?
The individual acknowledges receipt of the notification and right to submit a statement, if any, of rebuttal, mitigation, or circumstances for consideration on the AF Form 3070.
45
After the MPS career development element suspenses an officer NJP, where is a copy of the review authority’s decision forwarded when the final action is complete?
Officer Command Selection Record Group custodian.
46
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
47
If an officer requested to retire in lieu of an administrative or judicial action, what determination must be made?
Officer grade determination.
48
What instruction prescribes the Air Force Drug Testing Program and assigns responsibility for carrying out the program at installation level?
AFMAN 44-197, Military Drug Demand Reduction Program.
49
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 within the DDRPM, training sessions for observers on the collection and observation processes of the drug urinalysis program; periodically monitoring compliance with chain of custody collection procedures at base
level under applicable DODDs, DODIs, AFIs, and policies; and inspecting the program itself to ensure compliance with AFMAN 44-197.
50
As a minimum, how often are inspections required for the DDRP?
At least Quarterly
51
As a minimum, how often should audits be performed on sample collection procedures at GSUs?
At least Annually
52
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.
53
Who is responsible for communicating with the local bar organization, legal aid offices, and
appropriate federal and state agencies?
Wing/base SJA.
54
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.
2–23
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.
55
What three items should you be definite about when scheduling an appointment?
Time, date, and place.
56
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.
57
Among all eligible beneficiaries, what category of personnel is given the highest priority for legal
assistance related matters?
Deployers
58
On what matters can legal assistance officers provide advice to eligible personnel?
Personal, civil legal matters.
59
What matters are excluded from the legal assistance program?
Official matters in which the Air Force has an interest or is involved in the final resolution; criminal issues
under the UCMJ, or any local, state, or federal criminal law; issues on the standards of ethical conduct;
issues relating to LoW; issues involving personal commercial businesses (unless such advice is related to
the SCRA); legal issues or concerns raised on behalf of third parties, even if the third party is eligible for
legal assistance; drafting or reviewing real estate sale or closing documents, separation agreements or
divorce decrees, and inter vivos (living) trusts; private organizations (e.g., spouses clubs and squadron
booster clubs) that have been chartered to function on Air Force installations. However, under the
provisions of the civil law program, Air Force attorneys may provide legal guidance and advice through the
base private organizations monitor to ensure private organizations are properly chartered and comply with
pertinent statutes and regulations; and represent clients in a court or administrative proceeding.
60
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
61
In what situations may the SJA make a determination to refer clients seeking legal assistance with
personal civil legal matters to other legal agencies?
If the SJA determines the workload or a lack of expertise in a specialized area of the law could impair the
quality of legal service.
62
What is the goal for referring legal assistance clients to other legal agencies?
To aid clients in consulting with an attorney competent to provide the required assistance.
63
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.
64
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.
65
What is meant by confidentiality?
Privileged matters are not to be disclosed to anyone by individuals rendering the services except upon the
specific permission of the person concerned.
66
When can individuals rendering services disclose privileged matters?
With the specific permission of the person concerned.
67
What is one exception to the confidentiality and privileged status of legal services
communications?
A client’s statement of intent to commit a crime.
68
Where must each office record their legal assistance visits and workload?
In WebLIONS
69
What types of client information is maintained in WebLIONS?
Name, SSAN, military status, branch of service, grade (or sponsor grade), mailing address, legal residence,
phone number, email address, sponsor information (as applicable) and the organization of each person
given legal assistance; the date; the name of legal assistance officer or paralegal consulted; the nature of the
problem; action taken by the attorney; and, if appropriate, the name of the individual or agency to which the
matter was referred.
70
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.
71
When is a power of attorney automatically revoked?
Upon death of grantor, on the date specified in the document, or when the original and all copies are
destroyed.
72
What items are included in a workload report?
Lists each member of your office, how many visitors they have seen for a given time period, the average
time clients had to wait to be seen, and the documents provided by the attorney or paralegal.
73
What report lists, by category, how much money clients were saved through the legal assistance
program?
Client saving report.
74
List the Air Force members who are authorized to perform as notaries for US armed services
members.
All judge advocates, including judge advocates of the Air Force Reserve whether or not in a duty status;
civilian attorneys employed by the Air Force serving as legal assistance attorneys and who are licensed to
practice law in the United States; all adjutants, assistant adjutants, and personnel adjutants, including
reserve members on active duty or performing inactive duty training; enlisted paralegals on active duty or
performing inactive duty training; active duty Air Force personnel who satisfy all three of the following
criteria: a commissioned officer or senior noncommissioned officer (holding the rank of master sergeant or
higher); stationed at a GSU or remote location where no judge advocate or paralegal notary is also
assigned, and; appointed, in writing, by the unit’s servicing GCMCA SJA to exercise notary authority.
75
When signing documents in his/her official capacity, what information must a notary include?
The date and location, his/her title and office, and use a raised seal or inked stamp citing Title 10 U.S.C.§
1044a (for military notaries) or state authority for civilians designated in AFI 51-304.
76
What item must all military and civilian legal assistance notaries maintain?
A personal log of notary acts performed.
77
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.
78
Generally, who should have a will?
Any person owning real or personal property or who has children.
79
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.
80
Prior to drafting a will, what document do you need to review?
The Will and Advance Medical Directive Worksheet.
81
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.
82
What action do you take to access a client’s worksheet once the client provides you with his/her
ticket number?
You access the worksheet by logging into the US Air Force Legal Assistance administration site.
83
Once a will is finalized, what is the last step in the process?
Execution (the act of signing).
84
12. Before a client leaves your office with a new will, what information should you take the time to
explain?
Where the client should keep the will, the benefits of updating the will, the revocation process and caution
about unintentional revocation, and the legal offices does not keep copies of wills.
85
13. 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.
86
14. What effect could lining out part of a will have?
It can invalidate the will.
87
16. Aside from wills, POAs, and notary acts, what are some common legal documents/issues we may
assist clients with?
Notice of revocation; affidavits; bills of sale; divorce/separation agreements; survivor benefits; finance,
banking, and debt issues; landlord/tenant issues, and child custody.
88
Who supervises and manages the tax assistance programs at the base level?
SJA
89
Where do you report final tax assistance statistics?
In TPRS through JAGUARS.
90
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.
91
Who is responsible for monitoring and carrying out the overall administration of the preventive
law program?
AFLOA/CLSL.
92
At base level, who is charged with developing and implementing educational initiatives as a
primary duty?
The chief of preventive law or preventive law officer.
93
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.
94
What information should be stressed when covering mobilization and deployment preparation
issues?
Stress the importance of preparing a will, powers of attorney, and other necessary documents before
deployment.
95
6. How does the US Air Force Legal Assistance Website enhance legal assistance?
Provides a valuable preventive law education tool through its “Legal Assistance Topics” section and
enhances legal assistance by allowing clients to complete online worksheets for wills, healthcare
documents, and powers of attorney. In addition, LAWS collects online feedback that allows us to identify
areas of strength and weaknesses in our legal assistance program and to make adjustments as needed.
96
7. How is the US Air Force Legal Assistance Website organized?
Into three broad categories: legal information, legal worksheets, and the online survey.
97
What methods does the Air Force use to gain information about a particular situation?
1. Inquiry and investigation.
98
What is the difference between an inquiry and an investigation?
2. An inquiry is an examination into facts or principles and an investigation is a properly authorized,
systematic, detailed examination to uncover the facts and determine the truth of a matter. An inquiry is
adequate if the subject of the inquiry is not complex or of a serious nature, and the matter can be resolved
through routine channels and procedures, whereas the investigation is appropriate for determining facts in a
serious or complex matter.
99
3. Who takes final action on an investigation report submitted by the investigating officer?
3. MAJCOM commander.
100
Who is authorized to appoint an officer to conduct an inquiry?
4. Any commander or other competent authority.
101
How does HQ USAF/IG handle the complaints it receives?
5. 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.
102
6. List the three types of written reports.
6. Report of Review, Report of Inquiry, and Report of Investigation.
103
What are the types of conscientious objector classifications?
1. 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).
104
2. What does a CO applicant have to prove?
2. 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.
105
3. Who must interview the CO applicant prior to the processing of his/her application?
3. Chaplain and psychiatrist.
106
4. What requirements must an investigative officer meet to be appointed to conduct a CO hearing?
4. Judge advocate, in the grade of captain or higher.
107
5. Who is the final approval authority for an officer CO applicant? For an enlisted applicant?
5. Officers is the SAF or designated representative and the final approval authority for enlisted personnel is
HQ AFPC (active duty Airmen), ANGRC/DPM (ANG Airmen), HQ AFRC/CV (Reserve Unit Airmen), or
HQ ARPC/CC (all other Reserve Airmen).
108
1. What is the definition of a wrong?
1. A discretionary act or omission by a commander that adversely affects the member personally.
109
2. Name the complaints not processed under Article 138, UCMJ.
2. 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.
110
3. To whom does an individual forward an application for redress?
3. His or her commander.
111
4. When should an application for redress be made?
4. Within 90 days of the discovered wrong.
112
5. If the complainant is refused redress by his or her commander, to who would the complaint of
wrong be sent?
5. GCM authority over the officer the complaint was made against.
113
1. According to AFI 90-401, what is the Air Force policy when responding to congressional
inquiries?
1. To cooperate fully with Congress and give a full and timely response to congressional inquiries.
114
2. When may classified information be disclosed?
2. Only with the consent of SAF and in accordance with applicable DOD and AF regulations.
115
3. Why must Air Force officials get SAF approval before releasing information on changes in the
status of Air Force units, installations, and industrial facilities?
3. Because this information may have an impact on state and congressional districts.
116
4. For congressional inquiries to local commanders, what must be done within 24 hours of the
receipt of the inquiry?
4. Fax a copy of the written inquiry to the SAF/LLI.
117
1. What are the types of investigations that involve aircraft or aerospace equipment?
1. Accident and safety investigations.
118
2. Who is responsible for investigating accidents involving aircraft or aerospace equipment?
2. 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.
119
3. When must an AIB investigation be convened?
3. For on-duty, Class A accidents involving Air Force aircraft, unmanned aerial systems, missiles, or space
accidents.
120
4. An accident report must be completed within how many days?
4. Within 30 calendar days after the start of the investigation, unless an extension is granted.
121
5. After the convening authority approves the AIB report, what is the next step in the AIB process?
5. The convening authority’s SJA coordinates with the convening authority’s PA for AIB report distribution.
122
6. Who can fill the position of the AIB recorder?
6. A paralegal or a judge advocate.
123
1. What information is covered by the FOIA?
1. Government records.
124
2. What are reasons an FOIA request can be denied?
2. (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.
125
3. When a FOIA request is denied, within what maximum time period may a requester appeal to the
SAF?
3. Within 60 calendar days from date of initial denial.
126
4. If the denial of a FOIA request is upheld by SAF/GCA, what is the next step the requester may
take?
4. The requester can file a suit in federal district court in an attempt to compel release.
127
5. What information is covered by the Privacy Act?
5. 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.
128
6. For first party access, what is the maximum time period to respond to all PA requests?
6. Within 20 workdays of receipt.
129
7. When soliciting information protected by the PA for the Air Force from an individual, what
requirement must be met?
7. 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.
130
8. What is the next step in the process if a PA record will not be released under the PA?
8. The request must be processed under the FOIA and its governing procedures.
131
9. When a PA request is denied, within what maximum time period may a requester appeal to the
AF privacy officer?
9. Within 60 calendar days from date of initial denial.
132
10. What is the overall responsibility of the FOIA/PA manager?
10. Processing requests for information that cite either the FOIA or the PA.
133
11. Who is the disclosure authority for all trial records for litigation and other investigations?
11. TJAG.
134
12. What action(s) are taken if the disclosure authority determines the Air Force may make material
available under the FOIA or PA?
12. 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.
135
1. 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?
1. SJA.
136
2. Under AFI 51-301, what situations do not apply to releasing official information or testimony by
Air Force personnel?
2. 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.
137
3. 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?
3. The responsible AFLOA civil litigation division or HQ USAF/JAO (for official information to be released
to, or used in foreign courts).
138
4. When may classified information be released for litigation?
4. Classified information cannot be released under any circumstances, unless proper authority first declassifies
the material.
139
5. What options does an SJA have upon receiving a request for information for litigation?
5. Approve or deny (within his/her authority) the request; consult the responsible AFLOA civil litigation
division or HQ USAF/JAO for a decision; or forward the request to the appropriate authority (FOIA or PA)
to deny the request in accordance with the guidelines in DOD 5400.07_AFMAN 33-302 and AFI 33–332.
140
6. What information must be provided when requesting a decision from an AFLOA civil litigation
division or HQ USAF/JAO regarding release of information?
6. 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.
141
7. What action is taken when a military member is subpoenaed and the release of requested
information is prohibited by regulation?
7. 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.
142
1. What is the purpose of an LOD determination?
1. 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.
143
2. How are LOD determinations used?
2. As material evidence by a physical evaluation board to determine a member’s eligibility for benefits.
144
3. What is the governing directive for processing LOD actions?
3. AFI 36–2910.
145
4. In what ways may a medical officer initiate an LOD determination?
4. Administrative or informal determination.
146
5. The content of a legal review for a LOD determination should include at least what three things?
5. (1) A summary of facts.
(2) Identification and discussion of issues.
(3) Opinion of legal sufficiency/correctness of findings.
147
6. What is the purpose of a ROS?
6. To determine if a member will be held monetarily liable when government property is lost, damaged, or
destroyed.
148
7. What guidance does a paralegal use for processing a ROS?
7. DOD Financial Management Regulation 7000.14-R. Volume 12.
149
8. Can commanders take disciplinary action regardless of whether pecuniary liability is assessed
against a member in a ROS?
8. 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.
150
9. What six questions must an investigating official answer during the initial investigation for a
ROS?
9. (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.
151
10. In order to operate on base, through whom do private organizations submit a written constitution
and by-laws for consideration by the installation commander?
10. FSS/FSR, FSS/CC/CL, and SJA.
152
11. Which AFI governs private organizations?
11. AFI 34–223.
153
12. Who has the responsibility of approving the organizing and conducting of fundraising events at
the local level?
12. Installation commander.
154
13. What should you consider when completing a legal review for a debarment?
13. 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).
155
14. What form is used for the application and approval of off-duty employment?
14. AF Form 3902.
156
15. The legal review for an off-duty employment form should have at least what two sections?
15. Background and discussion.
157
16. What is the purpose of the off-duty employment legal review?
16. 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.
158
17. Where do most legal reviews for use of government resources stem from?
17. An organization needing an answer to a question concerning whether an employee is authorized to use
government resources.
159
18. When is a use of government resources legal review required?
18. When there is unauthorized use of government resources.
160
19. What guidance establishes the standards of conduct for all Air Force personnel—both military
and civilian?
19. DOD 5500.07-R.
161
1. What types of offenses may be referred to the magistrate court system?
1. Misdemeanor and petty offenses.
162
2. What must a magistrate court have before the court can hear a case?
2. Jurisdiction.
163
3. Which document is developed between installation commanders and state and local prosecutors
when the installation has concurrent jurisdiction?
3. MOU.
164
4. Who determines whether or not an offense is referred to the magistrate court?
4. Installation commander.
165
5. What does blanket determination mean?
5. 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.
166
6. Who normally files complaints on behalf of the installation with the magistrate court?
6. An SJA designated by the installation commander.
167
7. Who appoints the US magistrate?
7. US District Court.
168
8. When may Air Force attorneys prosecute cases referred to the magistrate court system?
8. 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.
169
9. If the SJA determines prosecution is warranted in a case, what is the next action the installation
commander takes?
9. Prepares a complaint for filing with the US District Court.
170
10. For magistrate court cases, what is the first step in assembling court files? Why is this the first
step?
10. 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.
171
11. 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?
11. Prepare a complaint or “information” for misdemeanor offenses.
172
12. In magistrate court cases, once a complaint is reviewed by the SJA, how is it filed with the US
District Court clerk’s office?
12. By either faxing or emailing the information to the clerk, depending on how they have their system set up.
173
1. What is the purpose of a host-tenant support agreement?
1. To formally identify the specific support functions and related responsibilities that are to be performed by
the host and by the tenant.
174
2. What form is used for the host-tenant support agreement?
2. DD Form 1144.
175
3. How does the host-tenant support agreement process begin?
3. The process will begin with the receiver SAM informing the installation supplier SAM of their support
needs.
176
4. Why must all host-tenant support agreements be signed by MAJCOM or a designated
representative?
4. 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.
177
5. For nonjudicial punishment cases within a tenant organization, who administratively processes
the action?
5. The host command’s staff judge advocate.
178
1. What is the principal resource for government contract questions?
1. Federal acquisition regulation (FAR).
179
2. Define contracting officer.
2. 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.
180
3. Define head of the contracting activity.
3. The person delegated overall responsibility for managing all contracting activities for a particular agency or
element.
181
4. Define solicitation.
4. Any request to submit offers or quotations to the government.
182
5. Which Act revised the FAR to encourage competition for the award of all types of government
contracts?
5. The Competition in Contracting Act (CICA) of 1984.
183
6. Of the various types of fixed price contracts, which type of contract is the most common?v
6. The firm-fixed price (FFP) contract.
184
7. Of the various types of cost reimbursement contracts, which type of contract is the most
common?
7. The cost plus fixed fee (CPFF) contract.
185
8. Define termination for convenience.
8. 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.
186
9. In what situations is the supporting legal office required to perform a legal review on contract
actions?
9. 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.
187
10. What are the two types of financial disclosure forms?
10. The OGE Form 450, Executive Branch Confidential Financial Disclosure Report, and the OGE Form 278,
Executive Branch Personnel Public Financial Disclosure Report.
188
11. Who is required to file confidential financial disclosure reports?
11. 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.
189
12. What happens after an employee’s supervisor provides an initial review and signs the OGE Form
450?
12. The supervisor will forward the form, with any comments, to the local ethics counselor for further review.
190
13. Who can sign as agency reviewer on an OGE Form 450?
13. A judge advocate or a civilian attorney, when delegated by the SJA.
191
14. For an OGE Form 278, within what maximum time period must a new entrant report be filed?
14. Within 30 days of assuming a covered position.
192
15. What does the ethics counselor look for when reviewing an OGE Form?
15. The form is complete and that no item violates or appears to applicable laws or regulations.
193
16. Who is the annual ethics report submitted to?
16. AF General Counsel/Fiscal, Ethics, and Administrative Law (SAF/GCA).
194
17. Before travel payments are accepted from a non-federal source, what action must take place?
17. Prior approval must be granted from the travel approving authority.
195
18. When receiving payment from a non-federal source, what is the preferred method of payment?
18. Payment in kind.
196
19. What may an employee be responsible for if they accept non-federal travel benefits after DOD
rejects the offer?
19. Personally responsible for reimbursing the non-federal source.
197
20. If the total value of non-federal travel benefits exceeds $250, what step must be taken after an
employee’s travel has been completed?
20. 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.
198
1. What term is used to describe the type of government workers usually represented by unions?
1. Wage grade employees.
199
2. What does the category “Federal Civil Service employees” include?
2. 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.
200
3. What act reformed the Civil Service Commission and what three new independent agencies were
created?
3. Civil Service Reform Act of 1978. The agencies are Office of Personnel Management (OPM), Federal
Labor Relations Authority (FLRA), and the Merit Systems Protection Board (MSPB).
201
4. What are the responsibilities of the Merit Systems Protection Board (MSPB)?
4. 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 Office of Personnel Management (OPM) to assess the degree to which those actions may affect
merit.
202
5. What are the five primary statutory responsibilities of the Federal Labor Relations Authority
(FLRA)?
5. 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.
203
6. What is the Air Force’s policy with regard to Alternative Dispute Resolution (ADR)?
6. To voluntarily use Alternative Dispute Resolution (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.
204
7. What are some examples of types of grievances not included in the Air Force Administrative
Grievance System (AGS)?
7. Grievances do not include matters subject to review outside the Air Force or which are authorized
complaints or appeals systems, such as the Merit Systems Protection Board (MSPB) or inspector general
(IG).
205
8. For civilians, what is the difference between adverse actions and disciplinary actions?
8. Disciplinary actions are also adverse actions, with the exception of oral admonishments and reprimands.
206
9. 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?
9. 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.
207
10. Once a complainant receives a notice of final interview (NOFI) letter, within what maximum time
period does a complainant have to file a formal complaint?
10. 15 days from receipt of letter.
208
11. Following a decision by the EEOC Office of Federal Operations (OFO), who may request
reconsideration?
11. Either party (the agency or complainant).
209
12. What actions may be appealed to the MSPB?
12. 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 CFR § 1201.2 and 1201.3.
210
13. Once the full MSPB decision is final, to what agency may the appellant appeal the MSPB
decision?
13. The US Court of Appeals for the Federal Circuit.
211
14. In coordination with the installation civilian personnel section (CPS), what are the installation
legal office responsibilities in MSPB cases?
14. 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.
212
1. What document authorizes Congress to collect taxes and provide for the defense and welfare of
the country?
1. US Constitution.
213
2. What should be considered when determining whether the Air Force can spend appropriated
funds?
2. The purpose, time, and amount rules.
214
3. When determining a fund’s purpose, what act(s) must be looked at?
3. The appropriation and/or authorization act controlling the funds in question.
215
4. What is meant by fiscal year?
4. Accounting period of 12 months beginning 1 Oct and ending 30 Sept.
216
5. What is an obligation of funds?
5. Any act that legally binds the government to make payment.
217
6. What does the ADA “amount rule” prevent?
6. Prevents agencies from spending more money than Congress releases.
218
7. How may officials avoid the sanctions of the Anti-Deficiency Act (ADA) if they are charged with
using funds for an improper purpose?
7. 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.
219
8. 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?
8. A fine for not more than $5,000, imprisoned for not more than two years, or both.
220
1. What is the purpose of General Order 1?
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.
221
2. Who is responsible for timely and accurate SITREP reporting?
2. The commander or designated alternate.
222
3. What is the objective of TJAGC AARS?
3. 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.
223
4. Identify three examples of technology we use to keep communications from being compromised.
4. The VoSIP, STE, and TACLANE.
224
5. What is VoIP?
5. A technology that allows you to make voice calls using a broadband Internet connection instead of a regular
(or analog) phone line.
225
6. When used in the secure mode, what piece of equipment is the security core of the STE?
6. The Enhanced Crypto Card (KSV-21), which provides all the security services.
226
7. What is a TACLANE?
7. 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.
227
8. In the Army, how are skill levels obtained?
8. By training, the ability to perform tasks, and pay grade.
228
9. In the Marines, what is used to establish training requirements?
9. A Systems Approach to Training (SAT).
229
10. Provide two examples of why the Navy paralegal field is unique to the other services.
10. It is not an entry-level position and the ability for a paralegal to work in a variety of billets to include, afloat
commands.
230
11. With regard to the paralegal field, how is the Coast Guard significantly different than the other
branches of service?
11. The Coast Guard does not have a paralegal career field.
231
1. What is international law?
1. The application of international agreements, international customary practices, and the general principles of
law recognized by civilized nations to military operations and activities.
232
2. What does international law provide in international relations?
2. Stability.
233
3. What kind of law issues may have a significant impact on exercise and deployment operations?
3. Laws that reflect host country customs, such as religious laws and customs regarding insults.
234
4. Which Air Force Instruction provides guidance for processing and reporting international
agreements?
4. AFI 51–701.
235
5. Where must delegating commanders send copies of all directives, messages, or correspondence
redelegating authority?
5. HQ USAF/JAO.
236
6. How long must an organization negotiating an international agreement maintain a complete
negotiating history on file?
6. At least for the duration of the agreement, or until it no longer has legal significance.
237
1. What is the purpose of a SOFA?
1. 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.
238
2. Which type of SOFA is accomplished through an exchange of diplomatic notes?
2. Administrative and technical staff status.
239
3. What is the most extensive type of SOFAs?
3. Full SOFA.
240
4. Which office maintains a repository of most SOFAs?
4. HQ USAF/JAO.
241
5. Name the only multilateral SOFAs to which the United States is a party.
5. NATO SOFA and the Partnership for Peace SOFA.
242
1. Who has the overall responsibility for implementing status of forces policies and procedures in
each foreign country?
1. DCO.
243
2. What office must provide approval to post bail bonds using US funds, if an international
agreement provides for the US to exercise pretrial custody?
2. HQ USAF/JAO.
244
3. Who is entitled to a military legal advisor?
3. All US military personnel facing foreign criminal charges.
245
4. When and to whom are trial observer reports forwarded?
4. 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.
246
5. For monthly visitation reports, what matters require prompt notification to TJAG of the service
concerned?
5. Matters involving denied visitation requests, prisoner maltreatment, and substandard conditions.
247
6. What reporting period does the annual foreign criminal jurisdiction report cover?
6. 1 December through 30 November.
248
1. Who is the principal air advisor to the JFC?
1. Joint Force Air Component Commander.
249
2. What is normally the grade of the COMAFFOR?
2. Colonel (0-6) to lieutenant general (0-9).
250
3. List the distinct thoughts from doctrine of just war.
3. The two distinct thoughts are: legal basis for use of war and regulation of hostilities.
251
4. What are the four aspects of the regulation of conduct during war?
4. Military necessity, discrimination between combatants and noncombatants, humanity, and use of force
proportional to the desired result.
252
5. What type of operations provide unique and challenging decisions that do not fall squarely within
existing law or precedent?
5. Air and space operations, and combat operation in particular.
253
6. Legal information mastery is one of the six legal support functional competencies, what does this
competency allow legal officer personnel to do?
6. To obtain, analyze, and communicate legal information rapidly.
254
7. How are legal services configured in order to provide support to air and space expeditionary task
forces?
7. They are configured to support two primary command levels: the COMAFFOR and AETF units.
255
8. What situations determine the amount and configuration of legal support available for air and
space expeditionary task forces?
8. The scope and duration of operation, the size of the supported population, and the requirements of the
supported commander.
256
1. Why were there numerous problems during the Vietnam conflict regarding how to conduct the
war?
1. Because of confusion between LoW and ROE.
257
2. Define the term rules of engagement.
2. 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
258
3. What information does the unclassified SROE approved by the CJCS contain?
3. Basic rules for national and unit self-defense.
259
4. What is a hostile act?
4. A hostile act is an attack or other use of force against the US, US forces, or other designated persons or
property.
260
1. When determining ROE, where do you need to check first and foremost?
1. US SROE.
261
2. Where are mission specific ROE almost always included?
2. As an annex to the OPLAN or OPORD.
262
3. Who issues SPINS?
3. The JFACC or the CFACC via the JAOC or CAOC.
263
1. What is another name for the LoW?
1. Law of Armed Conflict (LOAC) or International Humanitarian Law.
264
2. What are the four important LoW principles that govern armed conflict?
2. Military necessity, proportionality, distinction, and humanity or unnecessary suffering.
265
3. Which LoW principle requires combat forces to engage in only those acts necessary to
accomplish a legitimate military objective?
3. Military necessity.
266
4. Which LoW principle compares the military advantage gained to the harm inflicted while gaining
that advantage?
4. Proportionality.
267
5. Which LoW principle requires defenders to separate military objects from civilian objects to the
maximum extent feasible?
5. Distinction.
268
6. When would the use of otherwise lawful arms not be allowed?
6. When used in a manner that causes unnecessary suffering.
269
7. What are the three recognized symbols, which are in use for the marking of protected places?
7. The Red Cross, the Red Crescent, and the Red Crystal.
270
8. Define a lawful combatant.
8. An individual authorized by governmental authority or the LoW to engage in hostilities.
271
9. What may happen to unlawful combatants during hostilities?
9. They may be killed or wounded and, if captured, may be tried as war criminals for their LoW violations.
272
1. What may happen to military members who violate the LoW?
1. May face criminal prosecutions and punishment, which may take place in a national or international forum.
273
2. Which AFI should legal staffs familiarize themselves with for reporting LoW violations?
2. AFI 51–401.
274
3. To whom will the staff judge advocate forward the initial report of investigation regarding
violations of the LoW?
3. To TJAG through HQ USAF/JAO.
275
4. What is the International Criminal Court?
4. 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.
276
5. For what purpose have military commissions historically been used?
5. To prosecute enemy combatants who violate the Laws of War.
277
6. 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?
6. Twelve members.
278
7. With regard to the Military Commissions Act (MCA), what does the amendment of both Articles
21 and 36, UCMJ, permit?
7. Greater flexibility in constructing procedural and evidentiary rules for trials of alien unprivileged enemy
belligerents by military commission.
279
1. What agency is responsible for the protection or evacuation of US citizens and nationals abroad
and for safeguarding their overseas property abroad?
1. The Department of State.
280
2. According to US policy, how will captured combatants in US custody be treated?
2. As prisoners of war.
281
3. According to US policy, what will happen to captured combatants upon departure of an area?
3. Leave them behind.
282
4. What may arise if command sponsored dependents leave prior to an evacuation order?
4. A fiscal issue, the dependents may have to fund their own travel.
283
1. What is the focus of MOOTW?
1. It is focused on deterring war, resolving conflict, promoting peace, and supporting civil authorities in
response to domestic crises.
284
2. In joint doctrine, how are PKOs defined?
2. 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.
285
3. 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?
3. Humanitarian assistance.
286
1. What are the three types of appropriated funds that may be an issue during a deployment?
1. O&M, MILCON, and “other procurement.”
287
2. For what are O&M funds used?
2. Day-to-day expenses of DOD in garrison and during exercises, deployments, and military operations.
288
3. What Act requires the government to seek competition for its requirements?
3. CICA, Title 10 U.S.C. § 2304
289
4 What are SAPs used to obtain?
4. Almost exclusively used to obtain nonpersonal services, supplies, or construction that are not estimated to
exceed $150,000.
290
5. Define the term construction.
5. Any construction, development, conversion, or extension of any kind carried out with respect to a military
installation, whether to satisfy temporary or permanent requirements.
291
1. When did the concept of force protection of DOD personnel rise to the forefront?
1. In the aftermath of the Marine barracks bombing in Beirut.
292
2. 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?
2. Contingency plans.
293
3. Who maintains sole responsibility to respond to any off-installation foreign incidents?
3. Host nation.
294
1. What type of missions does DOD provide to Homeland Security?
1. Homeland defense and civil support.
295
2. 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.
296
3. What is USNORTHCOM’s specific mission?
Conduct homeland defense, civil support, and security cooperation to defend and secure the United States
and its interests.
297
4. Under the provisions of CS, the MACA consists of what?
MSCA, MSCLEA, and MACDIS.
298
5. 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.
