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49 Cards in this Set
- Front
- Back
Article 2: Persons Subject to UCMJ
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All military members, officer and enlisted (and OT trainees), are subject to military law, applies on active duty, and to reserve in some cases
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Article 7: Apprehension
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taking into custody (arrest) of person subject to UCMJ
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Article 15: Non-Judicial Punishment
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For minor offenses, your commander can offer nonjudicial punishment
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Article 31: Compulsory Self-Incrimination Prohibited
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to read rights before taking into custody or questioning when crime suspected
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rights in the Military Justice system
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Involuntary self-incrimination: right to remain silent, stop questioning.
Right to counsel Search & seizure: need a warrant in the civilian world, except after an arrest or with consent. In the military, the commander must fulfill the same requirements as a civilian warrant, but doesn’t actually need to generate the document to perform a search. |
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three types of courts-martial
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Summary court martial: for minor offenses, only for enlisted
Special court martial: for intermediate offenses General court martial: for serious offenses |
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Staff Judge Advocate (SJA)
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SJA: this is the commander’s lawyer at each AFB.
Military justice: prosecutes courts-martial Claims: settles claims against the govt. Civil law: helps airmen w/ wills & taxes |
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Area Defense Counsel (ADC)
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ADC: provides legal defense
Advises airmen about criminal investigations Helps them prepare responses to letters of reprimand Helps them respond to an Article 15 Works with administrative demotions & separations and courts-martial |
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elements of fraternization
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1. There must be an officer and enlisted member involved (fraternized on terms of military quality)
2. Accused must be an officer or a warrant officer 3. Accused knew that the member was enlisted 4. Act violated a custom of that service (customs of the branch of service officer is in if different branches??) 5. Prejudice to good order and discipline |
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Reserve category
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Ready reserve: combat ready, can deploy in 72 hours; 3 subgroups
Standby Reserve: persons who have completed obligation or have been removed from Ready Reserve due to civ. Employment, ineligibility for mobilization, temp hardship, or disability Retired Reserve: personnel who receive retired pay or in retired status, but are not 60 years old |
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Ready Reserves
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Selected reserve: essential to wartime missions; priority over other Reserve elements; Individual Mobilization Augmentees (IMAs) not attached to an organized Reserve unit, assigned to active duty components
Individual ready reserve: pretrained individuals who have served in active units or Selected Reserve; have some part of obligation remaining; responsible for involuntary active duty and fulfillment of mobilization Inactive national guard: small, but important; attached to a specific National Guard unit in an inactive status; members do not perform training |
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Chain of command Air Force Reserve
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Air Force Reserve Command is a USAF MAJCOM, directly through Secretary of the Air Force President
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Chain of command Air National Guard
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Air National Guard is a military force under command of a state or territorial governor, as well as a part of the Federal Reserve components—dual state and federal mission.
Federalized status chain: unitState Adjutant GeneralChief of StaffPresident Non-federalized chain: State Adjutant General state governor |
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seven times from 1947-2008 that Air National Guard forces have been federally mobilized
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SOON PIK
1. Korean war 2. Soviet construction of the Berlin Wall—30 Aug 1961 3. North Koreans seized the USS Pueblo—23 Jan 1968 4. Iraq seized its tiny oil-rich neighbor Kuwait—Aug 1990 5. Peacekeeping in Bosnia 6. OPERATIONS ALLIED FORCE—the NATO air campaign over Kosovo 7. OPERATION ENDURING FREEDOM/OPERATION IRAQI FREEDOM |
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Identify the Joint Functions.
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Command and Control (C2): Encompasses exercise of authority and direction by a Joint Force Commander (JFC)
Intelligence: Provides understanding of the operational environment Fires: use available lethal and nonlethal weapons against an adversary Movement and Maneuver Protection Sustainment: Provision of personnel, logistics, and other support required to maintain and prolong operations until successful mission accomplishment |
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the operational joint chain of command from the President to individual components
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President → Secretary of Defense → Unified Commander → Components (Land, Maritime, Air, Special Ops)
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Identify the joint warfare values
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Integrity – say what you mean, do what you say
Competence – those you lead deserve no less Physical courage – you never know when… Moral courage – always do what is right Teamwork – essential to joint operations |
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Identify the types of sanctions available
to enforce the laws of warpng |
o Condemnation . least threatening
o Economic Sanctions o Reprisals ] last resortatio |
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State when aircraft can attack targets
located in an area densely populated with civilians/1.1 |
So long as the overall military gains
from the attack outweigh the risks posed to the civilian populationn |
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Identify personnel considered “protected
persons”age/pj |
Medical and religious personnel
o Medical personnel are permitted to carry small arms for selfprotection and protection of their patients without losing protected status o Chaplains are not authorized to bear arms by US policy |
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List the people who are entitled to
Prisoner of War status under the Law of Armed Conflict/1.1 |
Members of a nation¡¦s military
force: „X Uniformed „X Armed „X Subject to an internal disciplinary system (including chain of command) „X Militia and volunteer units also constitute part of armed force „X Note ¡V Mercenaries are NOT given POW status88 |
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Name the two series of treaties that have
the greatest influence on the Law of Armed Conflict1 |
o Hague Conventions
o Geneva Conventions |
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State your responsibilities as a
professional military officer for reporting a violation of the Law of Armed Conflictn |
If you become aware of a
violoation of the Law of Armed Conflict, you are to report the violation to your immediate commander „X This person is the lowest ranking individual with command responsibilities „X May be different from your supervisor „X Should go to next higher person with command authority if violator is the lowest ranking individual |
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Explain the effects of unprofessional
relationships on unit disciplineg |
o Compromises chain of command
o Reduction in productivity o Could compromise mission o Undermines good order, discipline, authority and morale |
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List the elements of fraternization
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o Element One: That the accused
was a commissioned or warrant officer. o Element Two: That the accused fraternized with enlisted members on terms of military equality. o Element Three: That the accused knew the person to be an enlisted member. o Element Four: That the accused violated the customs of the service that officers shall not fraternize with enlisted members |
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State the Air Force policy on professional
and unprofessional relationships and fraternization |
o Unprofessional relationships can
be punished under the UCMJ under Article 92 o Fraternization can be punished under UCMJ under Article 134 |
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Define unprofessional relationships and
fraternizationj |
o Unprofessional: Any personal
relationship, whether pursued on or off]duty, that detracts from the authority of superiors or result in, or reasonably create the appearance of, favoritism, misuse of office or position, or the abandonment of organizational goals for personal interests |
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State your responsibilities regarding
protection of the President |
o You must report threats to the
President to AFOSI or the US Secret Service o Note: “President” refers to those present and past, government heads of state, and others=or |
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Identify your responsibilities under
COMPUSEC45 |
o Use your computer for official
business only o Protect your user ID and Password o Abide by copyright laws and use only AF]approved software o Protect computer environment . keep clean, no smoking/eating/drinking near computer¬« |
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Identify the types of security
classifications under classified and unclassified informationon |
o Classified:
„X Top Secret ¡V information that could cause grave damage to national security „X Secret ¡V information that could cause serious damage to national security „X Confidential ¡V information that could cause damage to national security o Unclassified: „X For Official Use Only X National Security |
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Define OPSEC, COMSEC, EMSEC, and
COMPUSECUSEC45 |
o OPSEC – Process of denying
adversaries information about friendly capabilities and intentions o COMSEC – designed to deny unauthorized persons information of value, which might be derived from analysis of telecommunications and to ensure authenticity of such telecommunications o EMSEC – the protection resulting from all measures taken to deny unauthorized access to |
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Identify the Joint Warfare values
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o Integrity
o Competence o Physical courage o Moral courage o TeamworkTP/1.1 |
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Outline the operational joint chain of
command from the President to the individual components |
o Operational ] President . OSD .
Unified Commander/Joint forces Commander . Components (Land, Maritime, Air, and Special Ops) . CJCS serve advisory role between President, OSD, and Combatant Commanders o Admin . President . OSD . Military depts. . forces (not assigned to combat commander)/* |
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Identify the Joint Functions
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o Command and Control (C2)
o Intelligence o Fires o Movement and Maneuver o Protection o Sustainmentionn |
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List the things the United States should
consider before using US military force to resolve an issueP/ |
o Discernable national interests
o Clearly defined achievable mission o End state/termination conditions/exit strategy o Overwhelming and decisive force o Campaign plan with measurable milestones o Alternative forces of action if military action is unsuccessful o Integrate national or international agency o Seek support of multinational partners o Ensure support of American people |
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Define Joint Operations
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o 2+ military departments working
together – note that Navy and Marines would not be a joint operations (as Marines are under the Department of the Navy)x-m |
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State the seven times form 1947]2008
that Air National Guard forces have been federally mobilizedueP/ |
o Korean War
o Response to Soviet to Soviet construction of the Berlin Wall o North Koreans seized the USS Pueblo o Iraq seized Kuwait o Peace keeping in Bosnia o Operation Allied Force – NATO air campaign over Kosovo o Operation Enduring Freedom/Operation Iraqi Freedomdrea@ao |
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Outline the operational joint chain of command from the President to individual components
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President → Secretary of Defense → Unified Commander → Components (Land, Maritime, Air, Special Ops)
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Air Force Reserve Command is a USAF MAJCOM
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directly through Secretary of the Air Force President
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Air National Guard is a military force under command of a state or territorial governor, as well as a part of the Federal Reserve components—dual state and federal mission
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Federalized status chain: unitState Adjutant GeneralChief of StaffPresident
Non-federalized chain: State Adjutant General state governor |
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Ready reserve: combat ready, can deploy in 72 hours; 3 subgroups
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Selected reserve: essential to wartime missions; priority over other Reserve elements; Individual Mobilization Augmentees (IMAs) not attached to an organized Reserve unit, assigned to active duty components
Individual ready reserve: pretrained individuals who have served in active units or Selected Reserve; have some part of obligation remaining; responsible for involuntary active duty and fulfillment of mobilization Inactive national guard: small, but important; attached to a specific National Guard unit in an inactive status; members do not perform training |
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State the complaint channels available to
civilian employees concerning discrimination |
o Equal Employment Opportunity
(EEO) Counselor o Equal Employment Opportunity Commission (EEOC) o US Federal District Court o Initially dealt with on informal basis „X EEO investigates and compiles a report ¡P Forwarded to DoD Office of Complaints Investigation for formal processingander)/* |
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between the general schedule (GS) and Federal Wage System.
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GS positions fall under the “white collar” jobs, included in this category are the professional, technical managerial, clerical, administrative, and fiscal services. Level is based on duties and responsibilities.
Federal Wage System employees fill “blue collar” positions, included skilled or unskilled trades or crafts such as sheet metal workers, mechanics, and facility maintenance personnel. Paid hourly wages, based on prevailing rate for their trade or craft in the geographic area in which they work. |
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State sources of supervisory guidance for people who supervise civilians.
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a. Learn about the Civilian Performance Appraisal and Awards System
b. Be familiar with the local labor management contract between your base and the local union c. Two sources of authoritative guidance 1) the “36” series of AF publications deal extensively with civilian personnel matters, such as hiring, firing, promotions, demotions, awards and disciplinary actions. 2) Each AFB has a Civilian Personnel Flight servicing civilian employees in its area. They are available for guidance and assistance. |
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Identify the three types of courts]martial
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o Summary . tries minor offenses,
prompt action. Max 30 day jail sentence. No judge/jury (though accused can request). Usually a single officer serving as prosecution, defense, judge, and jury. o Special . misdemeanors. Max 12 months in jail. Judge and Jury (at least 3) o General . felonies. Max sentence death. Judge and Jury (at least 5] 12)«al |
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Identify your rights in the Military Justice
systeme/pj |
o Protection against involuntary selfincrimination
(Amendment 5) o Right to counsel (Amendment 6) o Right to reasonable search and seizure34 |
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Describe the need for a separate legal
system for the military> |
o Discipline
o Crimes that are unique to military (e.g. AWOL) o Global/deployable needs (military personnel working/living in other countries) o Protect individual rights |
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Identify the significance of articles 31 of
the UCMJ/pj |
o Compulsory Self]incrimination
prohibited . Fifth Amendment of US Constitution states that no person shall be compelled to be a witness against him/herself . All suspects must be read their rights under Article 31 before giving testimony . Similar to civilian Miranda Rights |
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Identify the significance of articles 2 of
the UCMJJ/pj |
o Persons subject to the UCMJ
„X All military members, officer and enlisted, including Officer Trainees „X All personnel on active duty „X In some cases, while on retired or reserve statustmc=1 |