Volume 2 Flashcards
(456 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 type of separation allows the parent or guardian apply for a discharge of an Airman who was 17 at the time the facts became known?
A
Enlistment of minors (chapter 5, section C - Defective Enlistments).
7
Q
If an Airman with less than 180 days of service is documented as lacking aptitude for military service, what type of separation is appropriate for this Airman?
A
Entry-level separation.
8
Q
What two procedures are used for processing discharge actions under AFI 36–3208?
A
Notification procedure and board hearing or board waiver procedure.
9
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)
10
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).
11
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
12
Q
What document is considered a statement waiving the administrative discharge board proceedings?
A
A conditional waiver
13
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
14
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.
15
Q
What is the minimum number of voting members for an administrative discharge board?
A
Three
16
Q
Who swears in the recorder at an administrative discharge board hearing?
A
The legal advisor
17
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.
18
Q
Under what circumstance may a civilian attorney represent a respondent during a discharge board?
A
At the respondent’s own expense.
19
Q
What is the standard of evidence for a board procedure?
A
Preponderance of the evidence.
20
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.
21
Q
What directive covers administrative discharge procedures for officers having substandard duty performance?
A
AFI 36-3206
22
Q
What is the authority for officer administrative separations?
A
AFI 36-3207
23
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.
24
Q
What regulation provides for voluntary separation of officers?
A
AFI 36-3207
25
What is the purpose of a board of inquiry (only for officers)?
To give respondents who face discharge proceedings a fair and impartial hearing, make case findings, and recommend whether the Air Force should retain or discharge officers.
26
What characterization of discharge may officers receive?
Honorable, general (under honorable conditions), or UOTHC.
27
When a BOI recommends discharge, what is the maximum number of days HQ AFPC/DPSOS has to send the BOI case to HQ USAF/JAA?
Within five calendar days after receiving it.
28
What Air Force directive governs administrative demotion of Airmen?
AFI 36–2502.
29
When would the SAF order reductions in grade?
To significantly reduce the Air Force strength and/or grade levels.
30
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.
31
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.
32
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.
33
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
34
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).
35
What circumstances would cause a revocation of demotion order be published?
When the demotion authority determines the order was published without basis of authority.
36
What form is used to document a non-verbal counseling?
AF Form 174.
37
What four parts must a written letter of counseling, admonishment, or reprimand include?
(1) Subject of the letter should identify whether it is a counseling, admonition, or reprimand.
(2) Body of the letter should reflect what the member did or did not do.
(3) Letter should include expected improvement and a warning that other severe action could result if the behavior is repeated.
(4) The final paragraph should include a Privacy Act statement and require written acknowledgment from the member.
38
Within how many days does a person who initiates an RIC/LOC, LOA, or LOR have to advise the individual of his or her final decision regarding any comments submitted by the individual?
Three duty days (30 calendar days for non-extended active duty reservists).
39
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.
40
Who has the power to place members of their units on the control roster?
Commanders at all levels.
41
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).
42
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).
43
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.
44
Which form is the concise summary of all actions taken on a member’s UIF?
AF Form 1137.
45
What is the maximum amount of time that documents may be retained in a member’s UIF?
Anywhere from six months to four years, depending on the type of action and whether the member is an officer or enlisted.
46
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.
47
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.
48
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.
49
If an officer requested to retire in lieu of an administrative or judicial action, what determination must be made?
Officer grade determination.
50
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.
51
At base level, what areas are the SJA responsible for in support of the drug testing program?
Advising commanders, the DDRPM, DTPAM, and other base officials and agencies regarding legal aspects of the drug testing program;
advising and coordinating on all requests for urinalysis drug testing other than routine random inspection testing (i.e., unit sweep inspections, consent, probable cause, and commander directed testing);
evaluating all requests by service members for independent retest;
requesting in writing to the appropriate drug testing laboratory an extension to retain a positive specimen for administrative or UCMJ actions that will extend beyond one year. The local SJA is responsible for notifying the drug testing laboratory when further retention of the specimen is no longer necessary;
providing, in coordination with the DDRPM, training sessions for observers on the collection and observation processes of the drug urinalysis program;
periodically monitoring compliance with chain of custody collection procedures at base level under applicable DODDs, DODIs, AFIs, and policies;
and inspecting the program itself to ensure compliance with AFMAN 44-197.
52
As a minimum, how often are inspections required for the DDRP?
No less than quarterly.
53
As a minimum, how often should audits be performed on sample collection procedures at GSUs?
No less than annually.
54
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.
55
Who is responsible for communicating with the local bar organization, legal aid offices, and appropriate federal and state agencies?
Wing/base SJA.
56
Within the legal assistance program, who has responsibility for each of the following:
a. Determining the nature and extent of the legal services available at a base-level legal office.
b. Briefing the office staff, including Reservists, on the purposes of legal assistance.
c. Supervising functional program staffs within their commands.
d. Communicating with the American Bar Association and other associations necessary to further
the legal assistance program.
a. SJA or designee.
b. Base SJA.
c. MAJCOM, FOA or DRU/SJA.
d. TJAG
57
How should you treat all visitors?
With respect, courtesy, and dignity. Do not ignore them.
58
What advantage does a military receptionist have over his or her civilian counterpart when receiving visitors?
Because most visitors are military personnel, it is easier to recognize a visitor’s rank and determine the last
name.
59
How should you address a visitor?
By rank and last name when possible, by using sir or ma’am, or “Mr.,” “Miss,” “Mrs.,” and “Ms.,” as appropriate.
60
What three items should you be definite about when scheduling an appointment?
Time, date, and place.
61
Where are appointments recorded?
Appointment log
62
Why may you have to cancel an appointment with a client?
Unforeseen circumstances
63
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
64
Among all eligible beneficiaries, what category of personnel is given the highest priority for legal assistance related matters?
Air Force personnel who need mobilization-or deployment-related legal assistance that facilitates command
readiness.
65
In each of the following situations, determine if the prospective client is eligible for legal assistance. If not, explain why.
a. Retired Master Sergeant Gatlin passed away three years ago. Ms. Gatlin, the unremarried widow, seeks legal advice on a power of attorney.
b. A DOD civilian employee stationed overseas seeks assistance on filing his taxes.
a. Eligible.
b. Eligible.
66
On what matters can legal assistance officers provide advice to eligible personnel?
Personal, civil legal matters.
67
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.
68
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
69
In what situations may the SJA make a determination to refer clients seeking legal assistance with personal civil legal matters to other legal agencies?
If the SJA determines the workload or a lack of expertise in a specialized area of the law could impair the quality of legal service.
70
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.
71
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.
72
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.
73
Where should you refer personnel for the following matters?
a. Airman Hampton did not receive a paycheck.
b. TSgt Smith wants a bad EPR removed from his records.
c. Captain Jones has a problem with one of his coworkers.
a. Financial services office.
b. Military personnel section.
c. Equal opportunity office.
74
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.
75
How does confidentiality apply to your job as a paralegal?
You are an extension of the attorney-client relationship and are bound to keep all privileged information on
the client’s problem confidential. As a result, you must protect the attorney-client relationship.
76
When can individuals rendering services disclose privileged matters?
With the specific permission of the person concerned.
77
What is one exception to the confidentiality and privileged status of legal services
communications?
A client’s statement of intent to commit a crime.
78
Where must each office record their legal assistance visits and workload?
In WebLIONS.
79
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.
80
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.
81
Why is a special power of attorney more likely to be accepted than a general power of attorney?
Because the general POA allows for such a wide range of acts, many businesses will not accept them, to include many military offices such as Finance and Personnel offices. A special POA is more likely to be accepted because the document contains a specific act or acts to be done.
82
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.
83
What is a notice of revocation of a power of attorney?
A legal document that provides, in writing, a POA that was previously made is now revoked. It states the grantor is withdrawing the powers granted to the agent or attorney-in-fact in the POA.
84
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.
85
What report lists, by category, how much money clients were saved through the legal assistance
program?
Client saving report.
86
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.
87
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.
88
What item must all military and civilian legal assistance notaries maintain?
A personal log of notary acts performed.
89
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.
90
Generally, who should have a will?
Any person owning real or personal property or who has children.
91
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.
92
Prior to drafting a will, what document do you need to review?
The Will and Advance Medical Directive Worksheet.
93
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.
94
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.
95
Once a will is finalized, what is the last step in the process?
Execution (the act of signing).
96
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.
97
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.
98
What effect could lining out part of a will have?
It can invalidate the will.
99
What would you advise a client to do if he/she has a desire to change a will?
Seek the advice of a legal assistance officer to draw up and execute a new will.
100
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.
101
Who supervises and manages the tax assistance programs at the base level?
SJAs.
102
Where do you report final tax assistance statistics?
In TPRS through JAGUARS.
103
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.
104
Who is responsible for monitoring and carrying out the overall administration of the preventive law program?
AFLOA/CLSL.
105
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.
106
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.
107
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.
108
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.
109
How is the US Air Force Legal Assistance Website organized?
Into three broad categories: legal information, legal worksheets, and the online survey.
110
What methods does the Air Force use to gain information about a particular situation?
Inquiry and investigation.
111
What is the difference between an inquiry and an investigation?
An inquiry is an examination into facts or principles and an investigation is a properly authorized, systematic, detailed examination to uncover the facts and determine the truth of a matter. An inquiry is adequate if the subject of the inquiry is not complex or of a serious nature, and the matter can be resolved
through routine channels and procedures, whereas the investigation is appropriate for determining facts in a
serious or complex matter.
112
Who takes final action on an investigation report submitted by the investigating officer?
MAJCOM commander.
113
Who is authorized to appoint an officer to conduct an inquiry?
Any commander or other competent authority.
114
How does HQ USAF/IG handle the complaints it receives?
Any of the following ways: referred to a subordinate command for inquiry/investigation upon which the Air Force may make a reply; referred to the responsible Air Force agency; investigated by the USAF IG for processing; or referred to the field for action.
115
After an inquiry or investigation is completed, all relevant facts must be reported to the appointing authority. List the three types of written reports.
Report of Review - May be a memorandum, letter, or report supported by appropriate documentation.
Report of Inquiry - Is usually prepared in narrative. It states the authority on which it is based, matters investigated, who was interviewed, and recites the facts established by the investigation. It may be submitted as a letter, a memorandum, or an indorsement to basic correspondence. Appropriate exhibits are included.
and Report of Investigation - Provides for a logical step-by-step layout. The recital of the facts, at the outset of the report, fixes the subject matter firmly in the reader’s mind, and leads naturally to the discussion. It assists the reader to independently reach conclusions.
116
What are the types of conscientious objector classifications?
COs are classified as either Class 1–0, a person, by reason of conscientious objection, sincerely objects to participation of any kind in war in any form, or
Class 1-A–0, which is a person, by reason of conscientious objection, sincerely objects to participation as a combatant in war in any form, but whose convictions or beliefs will permit him/her to serve in a noncombatant status(i.e., medical).
117
What does a CO applicant have to prove?
the nature or basis of the claim falls under the definition of conscientious objections as defined in AFI 36-3204, which is the firm, fixed, and sincere objection by reason of religious training and belief to participation in war in any form, or the bearing of arms;
the member’s belief is honest, sincere, and deeply held;
the member’s belief is by virtue of religious training or another belief system similar to religion; and
the member opposes participation in war in any form for the bearing of arms.
118
Who must interview the CO applicant prior to the processing of his/her application?
Chaplain and psychiatrist.
119
What requirements must an investigative officer meet to be appointed to conduct a CO hearing?
Judge advocate, in the grade of captain or higher.
120
Who is the final approval authority for an officer CO applicant? For an enlisted applicant?
Officers is the SAF or designated representative and
final approval authority for enlisted personnel is
HQ AFPC (active duty Airmen),
ANGRC/DPM (ANG Airmen),
HQ AFRC/CV (Reserve Unit Airmen), or
HQ ARPC/CC (all other Reserve Airmen).
121
What is the definition of a wrong?
A discretionary act or omission by a commander that adversely affects the member personally.
122
Name the complaints not processed under Article 138, UCMJ.
Complaints relating to military discipline under the UCMJ, including Article 15 nonjudicial punishment;
a performance report or evaluation system;
a suspension from flying status; or
assessment of pecuniary liability.
123
To whom does an individual forward an application for redress?
His or her commander.
124
When should an application for redress be made?
Within 90 days of the discovered wrong.
125
If the complainant is refused redress by his or her commander, to who would the complaint of
wrong be sent?
GCM authority over the officer the complaint was made against.
126
According to AFI 90-401, what is the Air Force policy when responding to congressional inquiries?
To cooperate fully with Congress and give a full and timely response to congressional inquiries.
127
When may classified information be disclosed?
Only with the consent of SAF and in accordance with applicable DOD and AF regulations.
128
Why must Air Force officials get SAF approval before releasing information on changes in the status of Air Force units, installations, and industrial facilities?
Because this information may have an impact on state and congressional districts
129
For congressional inquiries to local commanders, what must be done within 24 hours of the receipt of the inquiry?
Fax a copy of the written inquiry to the SAF/LLI.
130
What are the types of investigations that involve aircraft or aerospace equipment?
Accident and safety investigations
131
Who is responsible for investigating accidents involving aircraft or aerospace equipment?
The MAJCOM commander who convened or would have convened the preceding safety investigation under AFI 91-204, also convenes the accident investigation. If two or more MAJCOMs are involved in the accident, the MAJCOM commanders must determine which command will assume investigative responsibility. In general, the command whose asset initiated the mishap will assume investigative responsibility.
132
When must an AIB investigation be convened?
For on-duty, Class A accidents involving Air Force aircraft, unmanned aerial systems, missiles, or space
accidents.
133
An accident report must be completed within how many days?
Within 30 calendar days after the start of the investigation, unless an extension is granted.
134
After the convening authority approves the AIB report, what is the next step in the AIB process?
The convening authority’s SJA coordinates with the convening authority’s PA for AIB report distribution
135
Who can fill the position of the AIB recorder?
A paralegal or a judge advocate.
136
What information is covered by the FOIA?
Government records.
137
What are reasons an FOIA request can be denied?
(1) Classified in the interest of national security or foreign policy, as specifically authorized under the criteria established by Executive Order and implemented by regulations;
(2) related to the internal personnel rules and practices of the DOD or any of its components;
(3) Concerning matters a statute specifically exempts from disclosure by terms that permit no discretion on the issue, or in accordance with criteria established by statute for withholding or referring to particular types of matters to be withheld;
(4) Containing trade secrets or commercial or financial information that a DOD component receives from a person or organization outside the government with the understanding the information or record will be retained on a privileged or confidential basis in accordance with customary handling of such records;
(5) Containing information considered privileged in litigation, primarily under the deliberative process privilege;
(6) Information in personnel and medical files, as well as similar personal information files that, if disclosed to a requester, other than the person about whom the information is about, would result in a clearly unwarranted invasion of personal privacy;
(7) Records or information compiled for law enforcement purposes; i.e., civil, criminal, or military law, including the implementation of Executive Orders or regulations issued pursuant to law;
(8) Containing in or related to examination, operation or condition reports prepared by, on behalf of, or for the use of any agency responsible for the regulation or supervision of financial institutions, and
(9) Containing geological and geophysical information and data (including maps) concerning wells.
138
When a FOIA request is denied, within what maximum time period may a requester appeal to the SAF?
Within 60 calendar days from date of initial denial.
139
If the denial of a FOIA request is upheld by SAF/GCA, what is the next step the requester may take?
The requester can file a suit in federal district court in an attempt to compel release.
140
What information is covered by the Privacy Act?
Records retrieved by name or other personal identifier of a US citizen or alien lawfully admitted for permanent residence and are subject to Privacy Act requirements and are referred to as a Privacy Act system of records
141
For first party access, what is the maximum time period to respond to all PA requests?
Within 20 workdays of receipt.
142
When soliciting information protected by the PA for the Air Force from an individual, what
requirement must be met?
The authority (whether granted by statute or executive order of the President) which authorizes the solicitation of the information;
the principal purpose(s) for which the information is intended to be used;
the routine uses which may be made of the information;
whether disclosure of the information is voluntary or mandatory; and
the affects, if any, of not providing all or any part of the requested information.
143
What is the next step in the process if a PA record will not be released under the PA?
The request must be processed under the FOIA and its governing procedures.
144
When a PA request is denied, within what maximum time period may a requester appeal to the AF privacy officer?
Within 60 calendar days from date of initial denial.
145
What is the overall responsibility of the FOIA/PA manager?
Processing requests for information that cite either the FOIA or the PA.
146
Who is the disclosure authority for all trial records for litigation and other investigations?
TJAG.
147
What action(s) are taken if the disclosure authority determines the Air Force may make material available under the FOIA or PA?
If the requester asked to inspect the record, tell the requester where and when it may be inspected and inform the requester of the amount of the fee, if applicable.
If the requester asked for a copy of the record, inform the requester of the fee and explain that the FOIA/PA manager will furnish the copy upon receipt of the fee. If the request is urgent, you may send a copy before payment.
148
Except as otherwise provided, who is responsible for determining whether official factual information is made available for use in litigation, unless the information is classified or privileged?
SJA
149
Under AFI 51-301, what situations do not apply to releasing official information or testimony by Air Force personnel?
Courts-martial by military departments or in administrative proceedings conducted by or on behalf of a DOD component;
administrative proceedings for the EEOC, the Merit Systems Protections Board, the Federal Labor Relations Authority, or a negotiated grievance procedure under a collective bargaining agreement to which the government is a party;
the DOHA or the DOHA Board;
and disclosing information to federal, state, and local prosecuting and law enforcement authorities for use in a criminal investigation by a DOD organization.
150
What agency is authorized to release all official unclassified Air Force information in cases in which the US is a party or has a direct or indirect interest?
The responsible AFLOA civil litigation division or HQ USAF/JAO (for official information to be released to, or used in foreign courts).
151
When may classified information be released for litigation?
Classified information cannot be released under any circumstances, unless proper authority first declassifies
the material
152
What options does an SJA have upon receiving a request for information for litigation?
Approve or deny (within his/her authority) the request;
consult the responsible AFLOA civil litigation division or HQ USAF/JAO for a decision; or
forward the request to the appropriate authority (FOIA or PA) to deny the request in accordance with the guidelines in DOD 5400.07_AFMAN 33-302 and AFI 33–332.
153
What information must be provided when requesting a decision from an AFLOA civil litigation division or HQ USAF/JAO regarding release of information?
Name of the litigation and parties;
name and location of the court or tribunal;
date litigation began and date of requested appearance;
name and address of requester and of party from whom the request was made;
type of action, subject matter, and a statement of the relevancy of the requested information;
copies of documents requested or a complete description of them if they are bulky or numerous; and
recommendations on the release and any other pertinent information.
154
What action is taken when a military member is subpoenaed and the release of requested information is prohibited by regulation?
The member, with the assistance of the legal office, will attempt to resolve the matter with the attorney requesting the information or the member will appear before the court and explain the situation.
155
What is the purpose of an LOD determination?
To determine if certain injuries, diseases, or deaths suffered by military members occurred while a member was in the line of duty or as the result of a member’s misconduct.
156
How are LOD determinations used?
As material evidence by a physical evaluation board to determine a member’s eligibility for benefits.
157
What is the governing directive for processing LOD actions?
AFI 36-2910
158
In what ways may a medical officer initiate an LOD determination?
Administrative or informal determination.
159
The content of a legal review for a LOD determination should include at least what three things?
(1) A summary of facts.
(2) Identification and discussion of issues.
(3) Opinion of legal sufficiency/correctness of findings.
160
What is the purpose of a ROS?
To determine if a member will be held monetarily liable when government property is lost, damaged, or destroyed.
161
What guidance does a paralegal use for processing a ROS?
DOD Financial Management Regulation 7000.14-R. Volume 12.
162
Can commanders take disciplinary action regardless of whether pecuniary liability is assessed
against a member in a ROS?
Yes; although pecuniary assessment must not be used instead of or as a form of disciplinary action, relief from pecuniary liability should not affect any decision about disciplinary action.
163
What six questions must an investigating official answer during the initial investigation for a ROS?
(1) What happened; (2) how; (3) where; (4) when; (5) who was involved; and (6) was there any evidence of negligence, misconduct, or deliberate unauthorized use or disposition of property.
164
In order to operate on base, through whom do private organizations submit a written constitution
and by-laws for consideration by the installation commander?
FSS/FSR, FSS/CC/CL, and SJA.
165
Which AFI governs private organizations?
AFI 34–223.
166
Who has the responsibility of approving the organizing and conducting of fundraising events at the local level?
Installation commander.
167
What should you consider when completing a legal review for a debarment?
Offense for which the debarment is being based, whether the debarment is warranted, how long the debarment order shall be legally in effect for (using local installation debarment matrices).
168
What form is used for the application and approval of off-duty employment?
AF Form 3902
169
The legal review for an off-duty employment form should have at least what two sections?
Background and discussion
170
What is the purpose of the off-duty employment legal review?
To indicate if there are relevant issues regarding the member’s off-duty employment that should be taken into consideration, and to make a recommendation to the SJA regarding approval or disapproval of the member’s request.
171
Where do most legal reviews for use of government resources stem from?
An organization needing an answer to a question concerning whether an employee is authorized to use government resources.
172
When is a use of government resources legal review required?
When there is unauthorized use of government resources
173
What guidance establishes the standards of conduct for all Air Force personnel—both military
and civilian?
DOD 5500.07-R.
174
What types of offenses may be referred to the magistrate court system?
Misdemeanor and petty offenses.
175
What must a magistrate court have before the court can hear a case?
Jurisdiction
176
Which document is developed between installation commanders and state and local prosecutors when the installation has concurrent jurisdiction?
MOU
177
Who determines whether or not an offense is referred to the magistrate court?
Installation CC
178
What does blanket determination mean?
The commander can establish a policy that all similar violations will be automatically referred to US magistrate courts because the administrative disposition of certain offenses committed by civilians on base is not adequate or appropriate
179
Who normally files complaints on behalf of the installation with the magistrate court?
An SJA designated by the installation commander.
180
Who appoints the US magistrate?
US District Court.
181
When may Air Force attorneys prosecute cases referred to the magistrate court system?
Upon notification by the US attorney of the nonavailability of a prosecutor from the Department of Justice and after securing permission from TJAG through appropriate channels.
182
If the SJA determines prosecution is warranted in a case, what is the next action the installation commander takes?
Prepares a complaint for filing with the US District Court.
183
For magistrate court cases, what is the first step in assembling court files? Why is this the first step?
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.
184
After obtaining consent from the defendant to be tried in federal magistrate court for a misdemeanor offense, what is the next step in the process?
Prepare a complaint or “information” for misdemeanor offenses.
185
In magistrate court cases, once a complaint is reviewed by the SJA, how is it filed with the US District Court clerk’s office?
By either faxing or emailing the information to the clerk, depending on how they have their system set up.
186
What is the purpose of a host-tenant support agreement?
To formally identify the specific support functions and related responsibilities that are to be performed by the host and by the tenant.
187
What form is used for the host-tenant support agreement?
DD Form 1144.
188
How does the host-tenant support agreement process begin?
The process will begin with the receiver SAM informing the installation supplier SAM of their support needs.
189
Why must all host-tenant support agreements be signed by MAJCOM or a designated
representative?
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.
190
For nonjudicial punishment cases within a tenant organization, who administratively processes
the action?
The host command’s staff judge advocate.
191
What is the principal resource for government contract questions?
Federal acquisition regulation (FAR).
192
Define contracting officer.
An individual specifically appointed by the Secretary of the Air Force or designee with the authority to enter into, administer, or terminate contracts and execute related determinations and findings within the limits of the authority delegated.
193
Define head of the contracting activity.
The person delegated overall responsibility for managing all contracting activities for a particular agency or
element.
194
Define solicitation.
Any request to submit offers or quotations to the government.
195
Which Act revised the FAR to encourage competition for the award of all types of government contracts?
The Competition in Contracting Act (CICA) of 1984.
196
Of the various types of fixed price contracts, which type of contract is the most common?
The firm-fixed price (FFP) contract.
197
Of the various types of cost reimbursement contracts, which type of contract is the most common?
The cost plus fixed fee (CPFF) contract.
198
Define termination for convenience.
The exercise of the government’s right to completely or partially terminate performance of work under a contract when it is in the government’s interest.
199
In what situations is the supporting legal office required to perform a legal review on contract actions?
Operational contract actions and Space and Missile System Center contract actions expected to exceed $500,000 and AFMC non-operational contract actions expected to exceed $1,000,000.
200
What are the two types of financial disclosure forms?
The OGE Form 450, Executive Branch Confidential Financial Disclosure Report, and the OGE Form 278, Executive Branch Personnel Public Financial Disclosure Report.
201
Who is required to file confidential financial disclosure reports?
Certain executive branch employees whose duties involve the exercise of discretion in sensitive areas such as contracting, procurement, administration of grants and licenses, and regulating or auditing non-federal entities.
202
What happens after an employee’s supervisor provides an initial review and signs the OGE Form
450?
The supervisor will forward the form, with any comments, to the local ethics counselor for further review
203
Who can sign as agency reviewer on an OGE Form 450?
A judge advocate or a civilian attorney, when delegated by the SJA
204
For an OGE Form 278, within what maximum time period must a new entrant report be filed?
Within 30 days of assuming a covered position
205
What does the ethics counselor look for when reviewing an OGE Form?
The form is complete and that no item violates or appears to applicable laws or regulations
206
Who is the annual ethics report submitted to?
AF General Counsel/Fiscal, Ethics, and Administrative Law (SAF/GCA).
207
Before travel payments are accepted from a non-federal source, what action must take place?
Prior approval must be granted from the travel approving authority.
208
When receiving payment from a non-federal source, what is the preferred method of payment?
Payment in kind.
209
What may an employee be responsible for if they accept non-federal travel benefits after DOD
rejects the offer?
Personally responsible for reimbursing the non-federal source.
210
If the total value of non-federal travel benefits exceeds $250, what step must be taken after an employee’s travel has been completed?
A report must be forwarded to the ethics counselor by the traveler for inclusion in the semiannual report to
SAF/GCA and the Office of Government Ethics.
211
What term is used to describe the type of government workers usually represented by unions?
Wage grade employees.
212
What does the category “Federal Civil Service employees” include?
Includes all appointed positions in the executive, judicial, and legislative branches of the Government of the US, except positions in the uniformed services. The US civil service includes both competitive service and excepted service.
213
What act reformed the Civil Service Commission and what three new independent agencies were created?
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).
214
What are the responsibilities of the Merit Systems Protection Board (MSPB)?
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.
215
What are the five primary statutory responsibilities of the Federal Labor Relations Authority
(FLRA)?
Resolve complaints of unfair labor practices,
determine the appropriateness of units for labor organization representation,
adjudicate exceptions to arbitrator’s awards,
adjudicate legal issues relating to the duty to bargain, and
resolve impasses during negotiations.
216
What is the Air Force’s policy with regard to Alternative Dispute Resolution (ADR)?
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.
217
What are some examples of types of grievances not included in the Air Force Administrative
Grievance System (AGS)?
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).
218
For civilians, what is the difference between adverse actions and disciplinary actions?
Disciplinary actions are also adverse actions, with the exception of oral admonishments and reprimands.
219
When an employee believes they have been discriminated against because of race, color, sex,
national origin, or religion, age, disability, or reprisal, within what maximum time period must an
employee contact the installation-level EEO counselor?
With limited exceptions, this contact must occur within 45 days of the time that the employee believes or has reason to believe that discrimination occurred.
220
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?
15 days from receipt of letter.
221
Following a decision by the EEOC Office of Federal Operations (OFO), who may request
reconsideration?
Either party (the agency or complainant).
222
What actions may be appealed to the MSPB (Merit Systems Protection Board)?
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.
223
Once the full MSPB decision is final, to what agency may the appellant appeal the MSPB decision?
The US Court of Appeals for the Federal Circuit.
224
In coordination with the installation civilian personnel section (CPS), what are the installation legal office responsibilities in MSPB cases?
Submitting all proposed actions potentially appealable to the MSPB to the LLFSC for legal review prior to issuing proposals, ensuring the LLFSC is provided a copy of the acknowledgement order, if not directly served on the LLFSC, as soon as it is received, securing potential evidence in coordination with the LLFSC, and providing LLFSC administrative assistance as necessary.
225
What document authorizes Congress to collect taxes and provide for the defense and welfare of the country?
US Constitution.
226
What should be considered when determining whether the Air Force can spend appropriated
funds?
The purpose, time, and amount rules.
227
When determining a fund’s purpose, what act(s) must be looked at?
The appropriation and/or authorization act controlling the funds in question.
228
What is meant by fiscal year?
Accounting period of 12 months beginning 1 Oct and ending 30 Sept.
229
What is an obligation of funds?
Any act that legally binds the government to make payment.
230
What does the ADA “amount rule” prevent?
Prevents agencies from spending more money than Congress releases.
231
How may officials avoid the sanctions of the Anti-Deficiency Act (ADA) if they are charged with
using funds for an improper purpose?
If they can show proper funds were available at the time of the erroneous obligation, proper funds have been continuously available from the time of the erroneous obligation, and proper funds are still available for the agency to correct the erroneous obligation.
232
What criminal penalties may an officer or employee of the Air Force receive for knowingly and
willfully committing a violation under the ADA or knowingly and willfully concealing a
violation?
A fine for not more than $5,000, imprisoned for not more than two years, or both.
233
What is the purpose of General Order 1?
Its purpose is to maintain order and discipline among the deployed troops, and avoid offending certain host nation sensitivities by outlining prohibitions against specific activities.
234
Who is responsible for timely and accurate SITREP reporting?
The commander or designated alternate.
235
What is the objective of TJAGC AARS?
AARS improves legal expertise by sharing lessons learned from deployments and operational exercises.
This will enhance readiness, bolster combat capability, streamline procedures, and improve reach-back
support.
236
Identify three examples of technology we use to keep communications from being compromised
The VoSIP, STE, and TACLANE.
237
What is VoIP?
A technology that allows you to make voice calls using a broadband Internet connection instead of a regular
(or analog) phone line.
238
When used in the secure mode, what piece of equipment is the security core of the STE?
The Enhanced Crypto Card (KSV-21), which provides all the security services.
239
What is a TACLANE?
It is a network encryption device that provides network communications security on IP and ATM networks
for the individual user or for enclaves of users at the same security level.
240
In the Army, how are skill levels obtained?
By training, the ability to perform tasks, and pay grade.
241
In the Marines, what is used to establish training requirements?
A Systems Approach to Training (SAT).
242
Provide two examples of why the Navy paralegal field is unique to the other services
It is not an entry-level position and the ability for a paralegal to work in a variety of billets to include, afloat
commands.
243
With regard to the paralegal field, how is the Coast Guard significantly different than the other branches of service?
The Coast Guard does not have a paralegal career field.
244
What is international law?
The application of international agreements, international customary practices, and the general principles of
law recognized by civilized nations to military operations and activities.
245
What does international law provide in international relations?
Stability.
246
What kind of law issues may have a significant impact on exercise and deployment operations?
Laws that reflect host country customs, such as religious laws and customs regarding insults.
247
Which Air Force Instruction provides guidance for processing and reporting international agreements?
4. AFI 51–701.
248
Where must delegating commanders send copies of all directives, messages, or correspondence redelegating authority?
HQ USAF/JAO.
249
How long must an organization negotiating an international agreement maintain a complete negotiating history on file?
At least for the duration of the agreement, or until it no longer has legal significance.
250
What is the purpose of a SOFA?
To set forth rights and responsibilities between the United States and the host government focusing on two
broad areas: criminal jurisdiction and civil law relief.
251
Which type of SOFA is accomplished through an exchange of diplomatic notes?
Administrative and technical staff status.
252
What is the most extensive type of SOFAs?
Full SOFA.
253
Which office maintains a repository of most SOFAs?
HQ USAF/JAO.
254
Name the only multilateral SOFAs to which the United States is a party.
NATO SOFA and the Partnership for Peace SOFA.
255
Who has the overall responsibility for implementing status of forces policies and procedures in each foreign country?
DCO
256
What office must provide approval to post bail bonds using US funds, if an international agreement provides for the US to exercise pretrial custody?
HQ USAF/JAO.
257
Who is entitled to a military legal advisor?
All US military personnel facing foreign criminal charges.
258
When and to whom are trial observer reports forwarded?
Forwarded immediately upon completion of each hearing at the trial court level and for hearings on appeal and are sent to the DCO and/or USCR, who in turn forwards them to TJAG of the accused’s service.
259
For monthly visitation reports, what matters require prompt notification to TJAG of the service
concerned?
Matters involving denied visitation requests, prisoner maltreatment, and substandard conditions.
260
What reporting period does the annual foreign criminal jurisdiction report cover?
1 December through 30 November.
261
Who is the principal air advisor to the JFC?
Joint Force Air Component Commander.
262
What is normally the grade of the COMAFFOR?
Colonel (0-6) to lieutenant general (0-9).
263
List the distinct thoughts from doctrine of just war.
The two distinct thoughts are: legal basis for use of war and regulation of hostilities.
264
What are the four aspects of the regulation of conduct during war?
Military necessity, discrimination between combatants and noncombatants, humanity, and use of force
proportional to the desired result.
265
What type of operations provide unique and challenging decisions that do not fall squarely within
existing law or precedent?
Air and space operations, and combat operation in particular.
266
Legal information mastery is one of the six legal support functional competencies, what does this
competency allow legal officer personnel to do?
To obtain, analyze, and communicate legal information rapidly.
267
How are legal services configured in order to provide support to air and space expeditionary task
forces?
They are configured to support two primary command levels: the COMAFFOR and AETF units.
268
What situations determine the amount and configuration of legal support available for air and
space expeditionary task forces?
The scope and duration of operation, the size of the supported population, and the requirements of the supported commander.
269
Why were there numerous problems during the Vietnam conflict regarding how to conduct the
war?
Because of confusion between LoW and ROE.
270
Define the term rules of engagement.
Directives issued by competent military authority that delineate the circumstances and limitations under
which the United States forces will initiate and/or continue combat engagement with other forces
encountered
271
What information does the unclassified SROE approved by the CJCS contain?
Basic rules for national and unit self-defense.
272
What is a hostile act?
A hostile act is an attack or other use of force against the US, US forces, or other designated persons or
property.
273
When determining ROE, where do you need to check first and foremost?
US SROE.
274
Where are mission specific ROE almost always included?
As an annex to the OPLAN or OPORD.
275
Who issues SPINS?
The JFACC or the CFACC via the JAOC or CAOC.
276
What is another name for the LoW?
Law of Armed Conflict (LOAC) or International Humanitarian Law
277
What are the four important LoW principles that govern armed conflict?
Military necessity, proportionality, distinction, and humanity or unnecessary suffering.
278
Which LoW principle requires combat forces to engage in only those acts necessary to accomplish a legitimate military objective?
Military necessity.
279
Which LoW principle compares the military advantage gained to the harm inflicted while gaining that advantage?
Proportionality.
280
Which LoW principle requires defenders to separate military objects from civilian objects to the maximum extent feasible?
Distinction.
281
When would the use of otherwise lawful arms not be allowed?
When used in a manner that causes unnecessary suffering.
282
What are the three recognized symbols, which are in use for the marking of protected places?
The Red Cross, the Red Crescent, and the Red Crystal.
283
Define a lawful combatant.
An individual authorized by governmental authority or the LoW to engage in hostilities.
284
What may happen to unlawful combatants during hostilities?
They may be killed or wounded and, if captured, may be tried as war criminals for their LoW violations.
285
What may happen to military members who violate the LoW?
May face criminal prosecutions and punishment, which may take place in a national or international forum.
286
Which AFI should legal staffs familiarize themselves with for reporting LoW violations?
AFI 51–401.
287
To whom will the staff judge advocate forward the initial report of investigation regarding violations of the LoW?
To TJAG through HQ USAF/JAO.
288
What is the International Criminal Court?
A permanent international criminal court that tries persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity, and war crimes.
289
For what purpose have military commissions historically been used?
To prosecute enemy combatants who violate the Laws of War.
290
For cases tried by the Military Commissions, as a minimum, how many members must there be in a case where the accused may be sentenced to death?
Twelve members.
291
With regard to the Military Commissions Act (MCA), what does the amendment of both Articles
21 and 36, UCMJ, permit?
Greater flexibility in constructing procedural and evidentiary rules for trials of alien unprivileged enemy
belligerents by military commission.
292
What agency is responsible for the protection or evacuation of US citizens and nationals abroad
and for safeguarding their overseas property abroad?
The Department of State.
293
According to US policy, how will captured combatants in US custody be treated?
As prisoners of war.
294
According to US policy, what will happen to captured combatants upon departure of an area?
Leave them behind
295
What may arise if command sponsored dependents leave prior to an evacuation order?
A fiscal issue, the dependents may have to fund their own travel.
296
What is the focus of MOOTW (Military Operations Other Than War)?
It is focused on deterring war, resolving conflict, promoting peace, and supporting civil authorities in response to domestic crises.
297
In joint doctrine, how are PKOs defined?
Military operations undertaken with the consent of all major parties to a dispute, and are designed to monitor and facilitate implementation of an agreement to support diplomatic efforts to reach a long-term political settlement.
298
What type of operations are conducted to relieve or reduce the results of natural or man-made disasters or other endemic conditions such as human pain, disease, hunger, or lack of the basic necessities of life that might present a serious threat to life or result in great damage or loss of property?
Humanitarian assistance.
299
What are the three types of appropriated funds that may be an issue during a deployment?
O&M, MILCON, and “other procurement.”
300
For what are O&M funds used?
Day-to-day expenses of DOD in garrison and during exercises, deployments, and military operations.
301
What Act requires the government to seek competition for its requirements?
CICA, Title 10 U.S.C. § 2304
302
What are SAPs used to obtain?
Almost exclusively used to obtain nonpersonal services, supplies, or construction that are not estimated to
exceed $150,000.
303
Define the term construction.
Any construction, development, conversion, or extension of any kind carried out with respect to a military installation, whether to satisfy temporary or permanent requirements.
304
When did the concept of force protection of DOD personnel rise to the forefront?
In the aftermath of the Marine barracks bombing in Beirut.
305
What type of document(s) should address the use of security forces to isolate, contain, and
neutralize a terrorist incident within the capability of installation resources?
Contingency plans.
306
Who maintains sole responsibility to respond to any off-installation foreign incidents?
Host nation.
307
What type of missions does DOD provide to Homeland Security?
Homeland defense and civil support.
308
List four goals of Homeland Defense.
(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.
309
What is USNORTHCOM’s specific mission?
Conduct homeland defense, civil support, and security cooperation to defend and secure the United States
and its interests.
310
Under the provisions of CS, the MACA consists of what?
MSCA, MSCLEA, and MACDIS
311
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.
312
What is the AFI for Administrative Separation of Airmen?
36-3208
It is the authority for separating Airmen for all reasons except physical disability or by sentence of court-martial.
313
36-3208 contains standards and procedures for implementing AF policy concerning which two separations?
Voluntary separation prior to expiration of term of services (PETS) and involuntary
314
What AFI governs service characterizations for administrative separations and prescribes procedures for the probation and rehabilitation program for Airmen subject to administrative discharge for cause?
AFI 36-3208
315
General requests for voluntary separation are considered for the convenience of the government (COG). Examples of these requests are
Entering an officer training program.
Early release to further education.
Early release to obtain a medical education.
Elimination from Officer Training School (OTS).
Air Force nonfulfillment of enlistment or reenlistment agreement.
Sole surviving son or daughter.
Early release from extension of enlistment.
Accepting public office.
Miscellaneous reasons (example: Palace Chase).
Conscientious objection.
Pregnancy or childbirth.
Early release for Christmas.
Medal of Honor recipient.
316
Can a member request discharge when a genuine dependency or hardship exists?
Yes
317
What is the process for voluntary discharge requests?
Mbr submits separation request using vMPF.
The request and documentation are sent to unit CC who examines the case file and makes a recommendation for approval or disapproval.
If CC recommends disapproval, they must provide reasons and forward to separation authority through MPS.
Once the separation authority reaches a final decision, the member is notified.
318
What form does the vMPF application for separation prior to ETS (PETS) replace?
AF Form 31, Airman’s Request for Early Separation/Separation Based on Change in Service Obligation.
319
Who does not have to use the vMPF unless AFPC is the approval authority when applying for PETS?
Airmen assigned to basic military training (BMT), or students (non-prior service) assigned to technical training school (TTS)
320
Who may exercise separation/approval authority?
general officers who command units,
commanders of divisions or wings,
commanders who exercise special or general court-martial jurisdiction,
others specifically designated by Headquarters Air Force Personnel Center/Separations Section (HQ AFPC/DPMARS2).
321
Certain separation requests require final action be taken by other agencies. Where can the options of the separation authority be found?
AFI 36-3208, table 3.1, Options of the Separataion Authority
322
Certain separation requests require final action be taken by other agencies. Where can the options of the separation authority be found?
AFI 36-3208, table 3.1, Options of the Separation Authority
323
What are some of the efforts a CC has to rehabilitate an Airman?
Formal or informal counseling.
Control roster action.
Punishment under Article 15, UCMJ.
A change in duty assignment.
Demotion.
Additional training or duty.
Retraining.
Other administrative actions.
324
What is the AFI for ADAPT?
AFI 44–121, Alcohol and Drug Abuse Prevention and Treatment (ADAPT) Program.
325
Is invol separation a replacement for disciplinary action?
No
326
What chapter in AFI 36-3208 reflects reasons for invol. separation?
Chapter 5
327
Does an Airman being recommended for administrative discharge for cause have a right to be tried by courts-martial in lieu of invol. separation?
No
328
Regarding involuntary separation, who chooses the course of action to be pursued subject to the concurrence of the separation authority?
The commander.
This means the CC chooses the specific provision the member is to be discharged under.
329
What are some of the reasons for a Section B - involuntary convenience of the government discharge? (p 1-5)
Parenthood (f/ personnel who fail to meet military obligations because of parental responsibilities)
Insufficient retainability for required retraining,
Conditions that interfere with military service (Enuresis, sleepwalking and or severe nightmares, dyslexia and other learning disorders, ADHD, Stammering or stuttering that Amn cannot communicate normally, incapacitating fear of flying confirmed by psychiatric eval, other conditions as outline in DODI 1332.18 that interfere with duty.)
330
List some of the Section C - defective enlistment types
Enlistment of minors,
void enlistments - An enlistment may be void if the member is under age, legally insane, or a deserter from another service.
erroneous enlistments - Errors in the enlistment process occur when the Air Force does not have the true facts or does not take the appropriate action. The Air Force should not have accepted the enlistment, but it does not involve fraud.
fraudulent entry - Involves deliberate deception on the part of the member
waiver of discharge for erroneous enlistment or fraudulent entry - Airmen found to be subject to discharge under erroneous enlistment or fraudulent entry, except for reasons of alienage may be granted waivers to stay in the Air Force. If they seem to be good risks, their retention may serve the best interest of the Air Force.
constructive waiver - An Airman may become a recipient of a constructive waiver if a commander has the facts of the case indicating possible fraud or error and fails to act. Failure to exercise the option to discharge when facts are known tends to show intent to retain the Airman.
331
When may an Airman be discharged under Entry-level Performance or Conduct
Airmen may be discharged under this provision only if the discharge processing starts during the first 180 days of continuous active military service, or the first 180 days of continuous active military service after a break of more than 92 days of active service.
332
What are some of the reasons for Section D - Entry-level discharge?
Lack of aptitude for military service.
Failure to adapt to the military environment.
Failure to make satisfactory progress in a required training program.
Reluctance to make the effort necessary to meet Air Force standards of conduct and duty performance.
Lack of self-discipline.
Minor disciplinary infractions.
Failure to meet fitness standards.
333
When are Airmen subject to discharge for section E- unsatisfactory performance?
Airmen are subject to discharge for unsatisfactory performance based on documented failure to meet Air Force standards.
334
List some examples that are evidence of unsat performance
Failure to properly perform assigned duties
A progressively downward trend in performance ratings.
Failure to demonstrate the qualities of leadership required by the member’s grade.
Failure to maintain standards of dress and personal appearance (other than fitness standards) or military deportment.
Failure to progress in military training required to be qualified for service with the Air Force or for performance of primary duties.
Personal financial irresponsibility.
Unsanitary habits such as repeated infection of venereal disease, persistent refusal to bathe, and similar refusal to observe personal hygiene.
Failure to meet minimum fitness standards in accordance with AFI 36-2905, Fitness Program.
335
The recommendation for discharge for unsatisfactory performance should cite what?
All the deficiencies that were not overcome by counseling and rehabilitation.
336
When are Airman subject o discharge under Section F - Substance Abuse Treatment Failure?
if they have been referred to a program of rehabilitation for personal drug or alcohol abuse and failed to successfully complete the program due to one of the following reasons:
Inability.
Refusal to participate in the program.
Unwillingness to cooperate.
337
Does entry into a rehab program bar/prevent discharge for other reasons?
No
338
When are Airmen subject to invol discharge under Section H - misconduct?
Airmen are subject to discharge for misconduct when there is evidence of one or more of the acts or patterns of misconduct
-Minor disciplinary infractions
- A pattern of misconduct
- Civilian conviction
- Commission of a serious offense
- Human immunodeficiency virus (HIV)
- Drug abuse
- Sexual Assault
339
How is a recommendation for discharge in the interest of national security is processed how?
By a board hearing unless the board is waived by the member.
340
Can an Airman be discharged under Section J - Failure in Prisoner Retraining or Rehabilitation if they're subject to an approved punitive discharge or when other admin or punitive action is more appropriate?
No
341
Who is eligible under Section K Failure in Prisoner Retraining or Rehab?
Airman w/ < 6 yrs of TAFMS and if Airman fails to satisfy progress or completion of a prisoner retraining or rehab prgm.
Amn has < 20 yrs of TAFMS, confined at the 3220th Correction and Rehab Sqdn w/ sentence that includes confinement for 2 or more years, does not include a punitive discharge, and has been twice considered and denied rehab training at the 3320th Correction and Rehab Sqdn.
342
What is the AF Fitness AFI?
36-2905
343
IAW what AFI should a CC's decision to discharge or not discharge an airman be aligned with?
36-3208
344
The mere fact there is a reason for discharge action does not make discharge processing mandatory unless the reason is for any of the following:
- Sexual assault
- Fraudulent or erroneous enlistment
- Civil court conviction
- Drug abuse
345
What are the possible service characterizations for an admin separation?
Honorable
General
UOTHC
346
Characterization of service at separation is based on the quality of the member’s service as reflected in the member’s military record in the which enlistment?
Current
347
Which airmen are processed by the notification procedure?
Airmen not entitled to a board hearing, and recommended for separation are processed by the notification procedure.
348
An Airman recommended for discharge, known as the respondent, must be offered an opportunity for a hearing by an administrative discharge board if one of what conditions is met?
- Is an NCO at time of discharge processing start
- 6yrs+ TAFMS & inactive time at time of discharge processing starting, including DEP
- UOTHC is recommended
Discharge in the interest of national security is recommended
- Is an officer or warrant officer of the USAFR
349
When are EPRs required for separation cases?
parenthood,
conditions that interfere with military service,
unsatisfactory performance or
failure in the fitness program.
350
When is an LOE required as part of the discharge process?
For Airman First Class (A1C) (E-3) and below with less than 20 months total active federal military service (TAFMS).
351
What is WASP used for?
draft, track, and report all enlisted administrative discharge cases.
352
What must be included in the dsicharge package?
commander’s recommendation with attachs,
notif letter w/ attachments,
addendum to the notif letter (if applicable),
the Airman’s receipt of notif letter,
the Airman’s statement w/ or w/o attachs,
the medical examination (if avail), and other documents as applicable.
353
What rights does the member have during the notification procedure of discharge?
Under this procedure, the member has the right to the following:
Receive written notice of the reason(s) for discharge and of the least favorable characterization of separation authorized.
Receive copies of the documents forwarded to the separation authority in support of the
recommendation.
Consult counsel.
Submit statements in rebuttal.
Waive the rights to consult counsel and submit statements in rebuttal.
354
When does the notification procedure start?
When initiating CC serves the discharge notif. letter w/ all supporting docs
355
How long does the member have to respond to the notification of discharge by submitting matters?
3 duty days
356
What happens once the initiating CC receives matters from the member?
initiating CC prepares their recommendation and the SJA's office prepares the legal review
357
Once the discharge case is found legally sufficient after the CC prepares their recommendation, what happens?
The case is sent to the separation authority for action.
358
Who is the separation authority for cases processed by notification?
The SPCMCA
359
When is the GCMCA the approval authority for notification discharge cases?
when an honorable discharge is recommended for misconduct,
when an Airman who has made an unrestricted report of a sexual assault requests review of the discharge or;
when the SPCMCA wants to retain an Airman recommended for discharge for drug abuse or sexual assault.
360
What must the SPCMA also decide after approving discharge?
- Characterization
- If the mbr should be offered P&R
- Which reason to be cited as primary reason for discharge
361
What happens after the SPCMCA or separation authority decides to discharge the member and concludes the characterization, P&R, and which reason?
Case file is returned to JA for processing and original case file including the legal review is forwarded to career development.
362
What does career development do once they receive a discharge case file?
contact HQ AFPC for a (DOS), separation order, and DD Form 214
363
How long does a member have to respond to the written notice of rights regarding a discharge board hearing?
seven duty days
364
When must a board be convened to hear the discharge case?
When the member requests the hearing
The convening authority will not accept a conditional or unconditional waiver
The member is a reserve commissioned officer
Member is absent in civil confinement and does not submit a written waiver
365
The beginning stages of a board hearing case are much the same as the notification process in that what must happen?
The CC must serve the mbr with the notification letter and all applicable documents,
mbr receipts for notification and reports for a medical examination, consult with counsel and respond to notification within seven duty days (notification procedure only allows 3 duty days)
366
What is the process for a board hearing discharge?
The mbr's CC serves notification letter, all app. docs, and mbr acknowledges ->
Mbr does medical exam, and respond to notification letter within 7 duty days. -> CC receives docs back & prepares recom. f/ convening authority and sends file to JA. -> JA C/W LR and sends to SPCMCA. ->
SPCMCA order board OR forward the case to sep. auth. (when board waived or refuse to accept waiver and order board) ->
After admin discharge c/w, SPCMCA reviews report and takes final action unless req'd to forward to GCMCA.
367
What is a conditional waiver?
a statement waiving the administrative discharge board proceedings. It is contingent on the receipt of a characterization of separation more favorable than the least favorable authorized.
368
When are airmen not automatically considered for P&R?
Failure to comply with preventive medicine counseling.
Fraudulent entry.
Entry-level performance or conduct.
Sexual assault
In the interest of national security.
In lieu of trial by courts-martial.
Drug abuse.
369
How long can the P&R period be?
Not less than 6 months, not more than 12 months
370
If at the end of P&R the CC is not sure that the P&R is complete, the period may be extended contingent on what?
The Airman's consent
371
When the CC wants to extend a mbrs P&R what is the maximum period for P&R?
1 year total (the original P&R and the extension combined cannot exceed 1 yr)
372
What decisions does a discharge board hae to make/answer?
1. Is there a reason for discharge?
2. Should the member be discharged?
3. What service characterization should the respondent receive for the current enlistment?
4. Should the respondent be given an opportunity for P&R?
373
What AFI provides suggested procedural guidance for conducting orderly and efficient discharge board hearings?
AFMAN 51-507, Enlisted Discharge Boards and Boards of Officers
374
What two categories of mbrs are there for a board hearing?
Voting and non-voting, there is also a reporter
375
How many voting members must there be at the administrative discharge board?
At least three.
376
Usually all admin discharge board members are officers, one must be a field grade, unless the respondent does what?
Requests enlisted, in which case NCOs may serve on the board.
377
Who are the two nonvoting members?
Recorder and Legal Advisor
378
What does the Recorder do in a discharge board?
Assists the board and presents the government’s case against the respondent.
This person is a JA, a paralegal, or an officer of TJAG Reserve.
379
What is the legal advisor?
A JA certified under Art 27(b) and presides in all open sessions of the board.
380
Who authenticates the record of the board proceedings?
Legal Advisor
381
The respondent and the recorder may only challenge a voting member or the legal advisor for what?
For cause.
The legal advisor rules on all challenges except ones to the legal advisor (the president of the board announces their ruling on the challenge in a closed session, takes a vote and then announces in open session)
382
Are concsultations between the legal advisor, recorder, and respondents counsel part of the board proceedings?
No, they are not recorded or transcribed as part of the proceedings. Respondent does not have a right to be present during these consultations
383
Discuss the procedures for a board hearing?
Board is convened pursuant to special order -> Recorder swears in court reporter and legal advisor -> legal advisor swears in the recorder -> Legal advisor explains to respondent why the board is convened and their rights. -> Recorder administers the oath to the board's voting members. -> Opening statements -> instructions to members from legal advisor -> Recorder & respondent counsel presents evidence -> Closing arguments -> Legal advisor gives closing instructions to board members -> members deliberate -> legal advisor reopens board, president of board reads findings and recommendations -> board adjourned
384
What decisions are the board limited to making?
recommendations concerning separation or retention,
the type of
separation,
and/or suspension of the discharge.
385
When must the board hearing transcript be verbatim?
If board recommends retention or in an UOTHC discharge recommendation.
386
Who authenticates the record of proceedings?
The legal advisor
387
Who authenticates the board proceedings if the legal advisor isn't available?
The president and recorder
388
Where is the original record of the board proceedings sent?
The convening authority f/ action and copies are sent to MPS and respondent
389
What are the average processing times for the different discharge processing methods?
Notification procedure - 15 days
Board hearing - 50 days
Board Hearing Waiver - 25
390
What must the recorder notify the respondent of?
Time & place board convenes
Specific allegations, in detail
witness information the recorder expects to call
arrange for appearance of military and civilian witnesses
Respondents right to counsel
391
what is the standard of evidence for a board proceeding?
Preponderance of the evidnece
392
What are the two AFIs for officer separations?
AFI 36-3206 and 36-3207
393
What is the process for separating officers?
unit CC consult w/ SJA & MPS ->
After reviewing all evidence, CC may recommend discharge to Show-cause authority (SCA) ->
If unit CC below wing level, CC drafts memo to wing CC or other authority ->
Wing CC or auth forwards the case to SCA ->
SCA reviews discharge action & determines retainment (sends file back to mbr CC) or recommendation for discharge (officer notified, 10 days to respond) ->
SCA retains or continue sep. action and convene a BOI or forward to AFPB.
394
When must the SCA refer a case to a BOI?
When the case has a recommended UOTHC discharge
395
When MAY the SCA refer a probationary officer's case to the AFPB?
when recommending an honorable or general discharge or to a BOI when the SCA determines it would be appropriate.
396
How far in advance is an officer notified in writing before the BOI (Board of Inquiry)?
30 days
397
How long does the officer have from receipt of the notification memo of BOI to acknowledge receipt?
five calendar days
398
What is the purpose of a BOI?
The purpose of a BOI is 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.
399
The BOI consists of what members?
three voting members
legal adisor
recorder
a reporter
400
What does the BOI recommend?
retention or removal from AD or discharge (with characterization)
401
Is a BOI hearing transcribed verbatim?
Yes, unless BOI retains the respondent on AD (then only the findings and recommendations are transcribed verbatim)
402
How long does the reporter normally complete the report within?
30 calendar days after the BOI adjourns and the legal advisor authenticates the BOI report.
403
After the JA office serves a copy of the BOI report onto the respondent, where is the BOI report sent?
to the SCA.
The original and two copies are sent if the board recommends discharge or
the original and one copy are sent when the BOI recommends retention
404
Where does the SCA send the BOI report?
To HQ AFPC DPSOS 20 calendar days after receiving it.
SCA sends original when BOI recommends retention or
Original + copy when board recommends discharge
405
When BOI recommends discharge, where does HQ AFPC/DPSOS send the BOI case to?
AFPC through HQ USAF/JAA w/in 5 calendar days after receiving it.
406
Where does HQ USAF/JAA send a BOI case recommended for discharge after completing the legal review?
SAFPC for referral to the AFPB.
407
What is the purpose of the AFPB?
review officer discharge cases and make recommendations to the SAF.
408
Can the AFPB make a decision to retain the officer?
Yes, or they can recommend removal from AD, discharge or other action and send the case to SAF f/ final action
409
What is AFI 36-2502?
Airman Promotion/Demotion Programs
410
Are suspended demotions authorized?
No
411
What are some reasons for demotion?
Student status termination
demotion based on skill levels
Failure to fulfill NCO responsibilities
Failure to keep fit
Failure to perform
Voluntary reassignment or reclassification
412
Who may demote MSgts and below?
Gp/CC or equivalent level CC
413
Who may demote SMSgts and CMSgts?
MAJCOM, FOA, or DRU CC's. They may delegate this power to Vice CC's, deputy chief of staff of Manpower, Personnel and Services, NAF or equivalent level CC's.
414
Discuss the demotion procedures
CC consults w/ SJA->
CC notifies member in writing of intent to demote->
If mbr concurs w/ demote, CC sends the demotion to the demotion authority through MPS->
If mbr non-concurs, CC to consider all matters submitted or presented by mbr ->
After consideration of matters, CC notifies mbr of decision to terminate or continue ->
SJA performs LR ->
If demote auth. disapproves = returned to MPS for processing and mbrs CC notifies mbr. If demote. auth. approves demotion, they send case file to MPS and CC notifies mbr. ->
Mbr has 3 working days to indicate if they will appeal or retire in lieu of.->
Appeal submitted to demotion authority through MPS. Demote authority may restore original grade or forward to appellate auth (next level CC)-> App. auth approves or denies appeal. -> MPS is notified and mbr is notified of decision
415
What is the effective DOR f/ admin demotes other than termination of student status, band standards, or fitness?
the date the demotion authority approves the demotion
416
What is the date of rank for an Airman demoted as a result of termination of student status?
Date on which the mbr first performed service in the reduced grade (original date of rank).
417
If mbr is demoted under AFI 36-2502, the MPS will
Update demotion in the MilPDS immediately after the demotion authority approves the demotion, except when an Airman applies for retirement in
lieu of demotion.
Send a copy of the entire case file to (HQ AFPC/DPSIR).
418
What is the AFI for UIFs, control rosters, admin counseling's, admonitions and reprimands?
AFI 36-2907
419
What is the order of counseling from least to most severe?
RIC, LOC, LOA, and LOR
420
What form is used to document counseling not done verbally?
AF Form 174
Can be used for positive and negative behavior
421
When can an LOA be used?
LOAs are used to document an infraction serious enough to warrant this type of action; however,
must not be used when an LOR is more appropriate.
422
What paperwork goes into an officers PIF, and what are mandatory UIF paperwork?
PIF: RIC/LOCs & LOAs
UIF: LORs
423
How long does a mbr have to submit comments or docs in response to a RIC/LOAR?
3 duty days
424
How long does the person initiating the LOCAR have to advise the individual of his/her final decision?
3 duty days
425
The person who initiates an LOA or LOR for general officers or selects will forward the original
document and attachments to where?
Air Force General Officer Management (AF/A1LG), AFR Senior Leader Management (AF/REG) or the National Guard Bureau Senior Leader Management Office
(NGB-SL) for distribution to the commander.
426
What is the purpose of a 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
427
Who can place mbrs on a control roster?
Commanders at all levels can place the members of their command on the
control roster.
428
What's the maximum time a mbr can be placed on control roster for
maximum of six months (12 months for reserve personnel with permission from HQ Air Force Reserve Command
(AFRC) or HQ Air Reserve Personnel Center (ARPC)).
429
What form is a control roster intiated on?
AF Form 1058
430
How long does the mbr have to respond to the control roster?
3 duty days
431
When does the time period for the control roster start?
The day the 1058 is finalized (after the CC considers any comments from the mbr).
432
Is the placement on a control roster a mandatory UIF entry?
Yes
433
What items are required to go into UIFs for enlisted and officers?
For enlisted members: Article 15s with punishment (suspended or unsuspended) exceeding
one month (31 days or more), court-martial, civilian court convictions, and control roster
action.
For officers: LORs, Article 15s, court-martial, civilian court convictions, and control roster
action.
434
What must happen before an optional document can be placed in a UIF?
The decision auth or CC must notify mbr on the AF Form 1058 and mbr has 3 duty days to respond.
435
Whenever information is placed into, withdrawn or extended beyond the normal dispo time, where must an annotation be reflected?
AF Form 1137, UIF Summary
436
When do unit CC's have to review UIFs?
Within 90 days of assumption or appointment of command.
Annually in conjunction with the SJA.
When a mbr is considered for promotion, conditional reserve status, selective continuation, regular AF appointment, a specified period of time contract, reenlistment or selective reenlistment consideration, PCS or permanent change of assignment (PCA), Personal Reliability Program (PRP) duties, voluntary or mandatory reclassification or retraining, evaluations, a reservists application for in-residence professional military education (PME) or reserve short courses, a statutory tour when a reservist is considered for an active duty tour over 30 days, and appointment or enlistment in the Air Force (active duty or reserve).
437
Where is the CC's decision to file an NJP in an officers selection record annotated?
On the AF Form 3070
438
If a CC decides to file the Art 15 in an officers selection record, what happens?
the commander annotates the AF Form 3070& forwards it to the senior commander for review if necessary. ->
forward the NJP and related correspondence to the servicing SJA -> who then forwards a copy to the MPS career development ->
MPS career development element will suspense the NJP until final action is complete->
forwards a copy of the review authority’s decision memorandum and/or the NJP to the Officer Command Selection Record Group custodian.
439
If an officer submits a request to retire in lieu of an administrative or judicial action which placed a restriction on his retirement the officer shall be considered what?
on notice that he or she is subject to an OGD based on that administrative or judicial action.
440
What does TJAG do in regards to DDR program?
Assists United States Air Force, Surgeon General (AF/SG), Air Force Medical Operations Agency (AFMOA), and MAJCOMs, FOAs, and DRUs in managing legal aspects of the drug testing program.
Provides advice regarding legal requirements.
Provides a legal advisor to the Air Force Drug Testing Program.
Provides a legal advisor to the Air Force Drug Testing Laboratory (AFDTL) and ensures adequate facilities and equipment to support the legal advisor.
441
At the base level, what is the SJA responsible for with regard to the DDR program?
Advising commanders, the drug demand reduction program manager (DDRPM), drug testing program administrative manager (DTPAM), and other base officials and agencies regarding legal aspects of the drug testing program.
Advising and coordinating on all requests for urinalysis drug testing other than routine random inspection testing (i.e., unit sweep inspections, consent, probable cause, and commander-directed testing).
Evaluating all requests by service members for independent retest.
Requesting in writing to the appropriate drug testing laboratory an extension to retain a positive specimen for administrative or UCMJ actions that will extend beyond one year. The local SJA is responsible for notifying the drug testing laboratory when further retention of the specimen is no longer necessary.
Providing, in coordination with the DDRPM, training sessions for observers on the collection and observation processes of the drug urinalysis program.
Periodically monitoring compliance with chain of custody collection procedures at base level under applicable DOD directives (DODD), DODIs, AFIs, and policies.
Inspecting the program itself to ensure compliance with AFMAN 44-197.
442
How long after the DDR assessment are the results documented
results are documented within five duty days from the date of completion of the assessment.
443
How long after the DDR assessment are copies of the assessment sent to AFDTLs legal advisor?
within five duty days
444
After inspecting the DDR program, where are observations that may negatively impact the integrity of the program be communicated through?
appropriate channels to the MAJCOM SJA representative; Office of the Judge Advocate General, Administrative Law Directorate (HQ USAF/JAA); and Air Force Medical Operations Agency/Mental Health Division (AFMOA/SGHW).
445
How often must the SJA perform an audit of collection procedures at GSU's?
At least annually.
446
What are TJAGs responsibilities regarding the legal assistance program?
Establishes and manages the Air Force Legal Assistance and preventive law programs.
Communicates with the American Bar Association (ABA) and other associations deemed necessary to further the Legal Assistance and preventive law programs.
Delegates authority to operate these programs to the AF Legal Operations Agency Community Legal Services Division (AFLOA/CLSL).
447
What are the AFLOA/CLSL (AF Legal Operations Agency Community Legal Services) responsibilities regarding the legal assistance prgrm?
Monitoring the Air Force Legal Assistance and preventive law programs.
Carrying out the overall administration of the Air Force Legal Assistance and preventive law programs.
Giving advice on legal assistance, notary, and preventive law matters that affect Air Force personnel worldwide.
Monitoring the Web-based Legal Information Online System (WebLIONS), the Wills program, the Air Force tax program, and the US Air Force Legal Assistance Website (LAWS).
448
What are the MAJCOM, FOA, and DRU SJA's responsibilities regarding the legal assistance prgrm?
Supervising functional program staffs within their commands, ensuring they follow AFI 51– 304, Legal Assistance, Notary, Preventive Law, and Tax Programs.
Adding, as necessary, requirements for mobilization- and deployment-related legal assistance.
Limiting, as necessary, non-mobilization- and non-deployment-related legal assistance.
449
Who may add requirements for mobilization and deployment related legal assistance?
NAF SJAs
450
What are wing/base SJAs responsible for?
Managing the personnel and operation of legal assistance at their offices consistent with AFI 51–304
Briefing the office staff, including Reservists, on the purposes of legal assistance, the base program, and AFI 51–304 as frequently as necessary, but at least annually.
Communicating with local bar organizations, legal aid offices, and appropriate federal and state agencies.
Publicizing the office’s limits on non-mobilization-and deployment-related legal assistance.
Managing legal services volunteers.
451
Supervises, directs, and controls personnel providing legal assistance as well as the operation of the legal assistance program, subject to the command and staff supervision described above in this lesson.
Determines the nature and extent of legal services available based on workload and expertise in specialized fields of law.
Ensures each incoming legal assistance officer is briefed thoroughly on the office legal assistance program before seeing clients. At a minimum, this briefing should include principal types of problems encountered, any peculiarities in the laws of that jurisdiction (this is particularly important in overseas locations), the reference material available, the lawyer referral system, and other agencies in the local area from which assistance may be obtained.
Provides a positive preventive law program designed to educate personnel in problem avoidance per AFI 51–304.
Ensures that only judge advocates, Air Force civilian attorneys, and authorized volunteers practice law under the legal assistance program as authorized by 10 U.S.C. § 1044 and AFI 51-304. The SJA or designee may use the services of TJAGCR officers to the fullest extent possible. TJAGCR services are not limited to providing legal assistance, but may include conducting seminars for legal assistance officers in their areas of expertise and maintaining contact with the local legal community.
Assures there is scrupulous adherence to the code of professional responsibility.
Maintains liaison with local bar organization and legal aid societies through which the services of civilian lawyers may be made available to eligible clients and ensure such services are used to the fullest extent possible.
Conducts an ongoing program of exchanging legal assistance information within the office. This program should ensure the dissemination of developments and changes in the law. The program may be conducted by means of staff meetings, intraoffice bulletins, office manuals, or any other method, to ensure a continuous and current exchange of legal information. This exchange of information should also be extended to other judge advocate offices through channels provided by the Office of The Judge Advocate General. This person also arranges for publication of media sources, and for permanent posting on unit bulletin boards, information of the location and office hours providing assistance for the installation or command, and publicizes the office’s limits on non-mission-related legal assistance. Legal
assistance is normally provided during duty hours, but if local conditions make it necessary to curtail the office hours, a legal assistance officer should still be made available.
Ensures the office is using the LAWS in accordance with AFI 51-304 to increase efficiency
for its customers, and is encouraging as much feedback as possible.
452
What are some of the topics of legal assistance?
Basic wills (to include simple trusts).
Advance medical directives (living wills and medical powers of attorney).
Powers of attorney.
Notary services.
Dependent care issues.
Adoption.
Financial responsibility.
Domestic relations.
Servicemembers Civil Relief Act.
Veterans’ reemployment rights.
Casualty affairs.
Landlord-tenant.
Consumer affairs.
Taxes.
453
WRT Foreign criminal jurisdiction program, who in each foreign country has overall responsibility for implementing status of forces policies and procedures
The DCO (designated commanding officer)
DCO may appoint a senior US officer as the US Country Representative (USCR) for each of his or her countries of responsibility.
454
What determines primary jurisdiction of members who commit offenses in another host nation?
The terms of the specific SOFA with the particular HN.
455
What is the model for any shared jurisdiction framework involving the long-term presence of forces is the what?
NATO SOFA which provides for both exclusive and concurrent criminal jurisdiction.
456
If an international agreement between the US and HN provides for the US to exercise pretrial custody, get approval from whom prior to posting bail bonds using US funds?
HQ USAF/JAO
