First Sergeant Responsibilities

Overview Supervisory Chain Roles and Responsibilities Source of Authority Supervisory Chain Roles and Responsibilities Additional Duties Resources Staff Duties You Are the Model

MP 1: Source of Authority Extension of Commander’s Authority - First Sergeants derive our authority from the commander The first sergeant works directly for and derive their authority from the unit commander at home station, deployed commander when deployed, and serves as the commander’s critical link within the unit for all matters concerning enlisted members. (AFI 36-2113)

MP 2: Supervisory Chain Reporting official AFI 36-2113, paragraph 10.3 First sergeant’s reporting official will be the unit commander or headquarters squadron section commander. The first sergeant will not be assigned to the unit section commander for rating purposes.

MP 3: Roles & Responsibilities Primary Responsibility: - Provide and maintain mission ready force both at home station and in expeditionary environments AFI-2618 – At home station and in expeditionary environments, their primary responsibility is to build and maintain a mission-ready force to execute home station and expeditionary mission requirements.

MP 3: Roles & Responsibilities Promotes health, morale, & welfare of enlisted personnel Examples: Annual Exams, Visit work center, visit Airmen in hospital/quarters Advises & assists the CC in maintaining discipline & standards Examples: Lead by example, Status of Discipline (SOD) meetings, Council Meetings

MP 3: Roles & Responsibilities Assists CC with unit training & information programs Examples: Monitor sponsorship program, UDMs, CC Calls, staff meetings Supervise Care & Upkeep of Unit Dorm & Grounds Examples: Room Inspections, Tent Inspections Lets discus some other responsibilities?

MP 3: Roles & Responsibilities ANG 75% of Air National Guard First Sergeant have a full time job. How does this effect the ability to respond 24/7? Only meet 2 days a month! Airman serving in different statuses – Technician, Active, Drill Status Guardsmen, Title 32 and Title 10.

MP 3: Roles & Responsibilities AFRC AFRC members must be in status to conduct various operations and activities. How does this impact the first sergeant ability to perform? Wing has two UTAs a month, 2 days each! Airman serving in different statuses – Traditional Reservist, Air Reserve Technician, Individual Mobilization Augmentee, and Active Guard Reserve .

MP 3: Roles & Responsibilities Award and Decoration GTC Formal Functions Newcomers Briefing Fitness Program Demand Reduction Participation (UTA’s for ARC) Volunteer Recruiting Airmen Selection Board Lodging / Dorm Management Recognition Room Inspection Family Support Family Care Program

MP 3: Roles & Responsibilities High OPSTEMP What are the 2 things a 1st Sergeant will never say? I am finally caught up I’ve seen everything (CMSAF #5 Gaylor quote from Class 10-E)

MP 4: Additional Duties AFI 36-2113, paragraph 10.1 “First Sergeants must not be assigned duties other than those contained in their specialty description in AFECD - Air Force Enlisted Classification Directorate.”

MP 5: Resources Resources good to know Key Spouse – Mandated for AD (recommended for ARC) at Wing level; unit program encouraged Protocol - Not at every base, therefore it may be you Resiliency – Being able to adapt to ever changing nature of the military lifestyle is essential for both Airmen and their spouses. Resiliency can help manage stressful situations

Most valuable resource = PEOPLE MP 5: Resources Most valuable resource = PEOPLE

PEOPLE Includes FAMILY MP 5: Resources PEOPLE Includes FAMILY

MP 5: Resources What are some of the common challenges and adversities our Airmen Face? - Deployments -- Being in harms way -- Seeing others die or seriously injured -- Harsh environmental conditions -- Family separation -- Readjusting after deployments Family Separations Financial Strain Relationship Issues Work Related Problems Ops Tempo

MP 6: STAFF DUTIES Commander’s Support Staff Advise Assist Supervise Continuity book for additional duty First Sergeant Although it is not necessary for most first sergeants to supervise the Commanders Support Staff, the CSS does provide administrative support for the first sergeant. It is most important that you be familiar with the CSS and become aware of their functions and responsibilities. A continuity book is essential. Whomever fills in for you as the acting shirt, (and you will have one), needs all the tools you can provide. A continuity book can help with some of the day-to-day tasks as well as the unique responsibilities required of the first sergeant.

MP 7: YOU ARE THE MODEL!! TAKE CARE OF YOURSELF! Set the example Volunteer Be visible Accessible Approachable “People don’t care how much you know until they know how much you care” - John C. Maxwell

SUMMARY Source of Authority Supervisory Chain Duties Additional Duties Staff Duties You Are the Model CONCLUSION The conclusion of this lesson will include a final summary. This will summarize relevant material from questions and answers raised coupled with a quick review of main points. The final summary will also restate the lesson objective(s) in Part I of this lesson. A remotivation will identify a variety of potential users of the material contained in the lesson plan and encourage student application (use) of the material learned. A closure portion of the lesson will leave the student with a positive sense of completion.

QUESTIONS? First Sergeant Academy Integrity – Service – Excellence Our Job Is People, Everyone is our Business Integrity – Service – Excellence QUESTIONS?

Financial Responsibility References: AFI 36-2906

OVERVIEW Air Force Policy Commander’s Responsibilities UCMJ and Financial Responsibility Government Travel Card Program

AIR FORCE POLICY Pay just financial obligations properly and timely… -AFI 36-2906

COMMANDER’S RESPONSIBILITIES General Review ALL cases Response time Dependent support With and Without BAH Payments “In Kind”

COMMANDER’S RESPONSIBILITIES Paternity Member Denies Member Confirms Civil debt non-payment DFAS response suspense Contest/Uncontested

UCMJ AND FINANCES Article 134 Article 123a – Making, drawing, or uttering check, draft, or order without sufficient funds Article 134 Paragraph 68 – Check, worthless, making and uttering-by dishonorably failing to maintain funds Paragraph 71 – Debt, dishonorably failing to pay

USAF FIRST SERGEANT ACADEMY Government Travel Card Program (DoD FMR 7000.14-r, Volume 9, Chapter 3) Restricted/Standard/Mission Essential Agency Program Coordinator (APC) Responsibilities Non-Travel Activity Report Delinquency Reports

SUMMARY Air Force Policy Commander’s Responsibility UCMJ/Financial Responsibility Government Travel Card

QUESTIONS? First Sergeant Academy Integrity – Service – Excellence Our Job Is People, Everyone is our Business Integrity – Service – Excellence QUESTIONS?

FAMILY CARE PROGRAM

First Sergeant Responsibilities Family Care Plan OVERVIEW Family Care Program First Sergeant Responsibilities Family Care Plan 2

MP 1: Family Care Program FAMILY CARE PLANNING IS THE ADVANCED PROCESS OF PLANNING FOR THE CARE OF FAMILY MEMBERS DURING THE AIR FORCE MEMBER’S ABSENCE PERSONNEL REQUIRED TO DOCUMENT THEIR PLAN ON AF FORM 357 DEFERMENTS FROM DUTY 3

MP 2: First Sgt Responsibilities Certification Briefings 8

Continuation Sheet/Attachments MP 3: Family Care Plan AF Form 357 Copies of POA Continuation Sheet/Attachments 4

SUMMARY Family Care Program First Sergeant Responsibilities Family Care Plan 10

QUESTIONS? First Sergeant Academy Integrity – Service – Excellence Our Job Is People, Everyone is our Business Integrity – Service – Excellence QUESTIONS?

Unaccompanied Housing Management Reference: AFI 32-6005

Shirt, why do we have dorm inspections?

The next set of slides are from the room of an airman whose father is a 1st Sergeant…

OVERVIEW Responsibilities Dormitory Inspections Unaccompanied Housing Priorities Other Considerations MAIN POINTS MP1 (C) Responsibilities MP2 (C) Dormitory Inspections MP3 (C) Unaccompanied Housing Priorities MP4 (C) Other Considerations

MP1 RESPONSIBILITIES Installation CC Installation CCM Manages unaccompanied housing programs Establishes inspection criteria & ensures leadership conducts inspections Ensures all levels of leadership accomplish morale visits w/dormitory residents monthly Installation CCM Coordinates with first sergeants on health, safety, and morale issues affecting residents (AFI 32-6005, para 1.4) The installation commander also provides appropriated funds to operate and maintain UH, including furnishings. The installation commander also ensures UH meets adequacy standards listed in the AFI. He or she ensures space, privacy, and furnishings for comfortable living. When the overall base occupancy rate of priority 1, 2, and 3 personnel exceeds 95%, the installation CC authorizes BAH and sets guidelines 1.4.1.2 -- Make sure UH is assigned without regard to race, color, religion, national origin, or sex, (except to provide privacy between members of the opposite sex).

MP1 RESPONSIBILITIES Squadron Commander (may delegate responsibilities to first sergeant) Good order and discipline Establishes inspection program & performs inspections Establishes leadership visitation program Schedules bay orderlies Serves on the QIC (AFI 32-6005, para 1.4) The installation commander also provides appropriated funds to operate and maintain UH, including furnishings. The installation commander also ensures UH meets adequacy standards listed in the AFI. He or she ensures space, privacy, and furnishings for comfortable living. When the overall base occupancy rate of priority 1, 2, and 3 personnel exceeds 90%, the installation CC authorizes BAH and sets guidelines 1.4.1.2 -- Make sure UH is assigned without regard to race, color, religion, national origin, or sex, (except to provide privacy between members of the opposite sex).

MP1 RESPONSIBILITIES UH Management Section Resident Manages day to day operations Closely interacts w/first sergeants Mentors residents w/adjustment to mil life Resident Acknowledges responsibly & liability in writing Performs housekeeping IAW standards Accounts for personal conduct (AFI 32-6005, para 1.4) The installation commander also provides appropriated funds to operate and maintain UH, including furnishings. The installation commander also ensures UH meets adequacy standards listed in the AFI. He or she ensures space, privacy, and furnishings for comfortable living. When the overall base occupancy rate of priority 1, 2, and 3 personnel exceeds 90%, the installation CC authorizes BAH and sets guidelines 1.4.1.2 -- Make sure UH is assigned without regard to race, color, religion, national origin, or sex, (except to provide privacy between members of the opposite sex).

MP2 DORMITORY INSPECTIONS Focus on safety and health Generally scheduled but may be unannounced Best practices for dormitory inspections (AFI 32-6005, para 1.8 & Atch 2) Inspections are generally scheduled and announced but may be no notice. “A-B-C” inspection system: Category A: Outstanding; cleanliness and neatness exceed standards Category B: Satisfactory; meets standards Category C: Unsatisfactory; does not meet standards; reported to member’s first sergeant. “C” = see the 1st sergeant. Installations must ensure all occupants are briefed on inspection criteria, frequency, and who is designated to inspect their rooms. Installations must establish inspection schedules to accommodate occupants’ work/sleep schedules for those who display “Shift Worker” signs. The focus is on safety and health. Look at the same thing in every room, all inspections should be the same.

MP3 UH PRIORITIES Priorities #1: space required—military necessity, readiness, discipline, and hardship #2: space required—single E1-E3 and E4 w/less that 3 yrs service (and mil-to-mil geo-separated couples), and all ranks in dependent restricted areas #3: space available—single E4 w/more than 3 yrs through E9 #4: space available—unaccompanied E1-E9 (AFI 32-6005, para 2.4) Priority 1: Space required: Approved hardship cases, disciplinary cases, etc.. Priority 2: Space required: E1 - E4 personnel who receive the BAH differential pay, geographically separated military couples. Priority 3: Space available: Unmarried E5 - E9 personnel, most junior personnel having priority. Priority 4: Space available: Unaccompanied personnel E1 - E9 and all others requesting unaccompanied quarters, most junior personnel having priority. Unaccompanied, married personnel entitled to travel of dependents and shipment of household goods can be assigned a dormitory room on a space available basis under priority 4.

MP4 Other Considerations Dorm Councils Dorm competitions and recognition Deployment & TDY Marriage and Pregnancy Sex Offender Policy (AFI 32-6005, para 2.4) Priority 1: Space required: Approved hardship cases, disciplinary cases, etc.. Priority 2: Space required: E1 - E4 personnel who receive the BAH differential pay, geographically separated military couples. Priority 3: Space available: Unmarried E5 - E9 personnel, most junior personnel having priority. Priority 4: Space available: Unaccompanied personnel E1 - E9 and all others requesting unaccompanied quarters, most junior personnel having priority. Unaccompanied, married personnel entitled to travel of dependents and shipment of household goods can be assigned a dormitory room on a space available basis under priority 4.

SUMMARY Responsibilities Dormitory Inspections UH Priorities Other Considerations CONCLUSION The conclusion of this lesson will include a final summary. This will summarize relevant material from questions and answers raised coupled with a quick review of main points. The final summary will also restate the lesson objective(s) in Part I of this lesson. A remotivation will identify a variety of potential users of the material contained in the lesson plan and encourage student application (use) of the material learned. A closure portion of the lesson will leave the student with a positive sense of completion.

QUESTIONS? First Sergeant Academy Integrity – Service – Excellence Our Job Is People, Everyone is our Business Integrity – Service – Excellence QUESTIONS?

Air Force Fitness Program AFI 36-2905

OVERVIEW Intent Unit Responsibilities Air Force Instruction

MP1. INTENT AFI 36-2905 “It is every Airman’s responsibility to maintain the standards set forth in this AFI 365 days a year.” “The Goal of the fitness program is to motivate all members to participate in a year-round physical conditioning program that emphasizes total fitness, to include proper aerobic conditioning, strength/flexibility training and healthy eating.” “Health benefits from an active lifestyle will increase productivity, optimize health, and decrease absenteeism while maintaining a higher level of READINESS.”

MP2: Responsibilities Unit Commander Execute and enforce the unit fitness program and ensure appropriate action is taken of non-compliance. Provide a work environment that supports healthy lifestyle choices. Encouraged to have a written policy that describes their Unit Fitness Program Appoint Physical Training Leaders (PTL) and Unit Fitness Program Managers (UFPM) in writing Will encourage members to participate in physical fitness training up to 90 minutes, 3 to 5 times per week and are encouraged to schedule or authorize training during duty hours Submit Discharge or Retention packages for members who fail four FA’s consecutively or within 24 months.

MP2: Responsibilities First Sergeant Work with PTLs and UFPMs to be aware of all member’s fitness levels, and advise Commander of negative quality force indicators UFPMs should be providing data on Airmen who have been exempted from one or more of the four components of the fitness test for a continuous 12-month period or have four component exemptions in a 24-month period. Be familiar with support agencies and resources that can assist Airmen on meeting the USAF fitness standards Lead by example by participating in squadron PT functions, as well as some sort of self-directed fitness program Brief unit leadership on possible trends affecting the mission Know the AFI and advise leadership of the proper administrative actions

MP2: Responsibilities Airmen Know AFI 36-2905 Responsible for maintaining currency standards Know the Commander’s policies Know their PTLs and UFPM Lead a Healthy Life Style Help/Education those not in compliance Be physically ready to accomplish the mission. Attain and maintain excellent physical conditioning and always meet Air Force fitness standards. Actively participate in the Air Force Fitness Program

MP3 AFI Each component has a minimum component score. These scores do not earn a composite passing score. Failure to meet minimum in one or more component results in an Unsatisfactory FA Score. The Fitness Assessment Cell (FAC) will conduct all Fitness Assessments. FAC personnel have oversight with FA augmentation from Unit PTLs. Fitness Screening Questionnaire – Should be completed no earlier than 30 calendar days (90 for ARC), but NLT 7 days prior to FA to provide time for medical evaluation. Testing - Must be completed within a 3-hour window on the same day, (Must be in military status for assessment)

MP3 AFI Revised Push-ups and Sit-ups How does Fitness affect EPR’s and OPR’s? If Pass, then MEETS STANDARDS If Fails, then DOES NOT MEET STANDARDS Attachment 1, 4c “Remain current as defined in AFI 36-2905 (dated 1 July 2010), paragraph 2.12. Failing to remain current as well as failing to attain a passing score on the applicable FA before the end of the performance report reporting period will result in a “DOES NOT MEET STANDARDS” rating on the member’s OPR/EPR if, as of the closeout date of the performance report, currency or a passing score is not obtained.”

MP 3 AFI Exemptions are designed to categorize members as unable or unavailable to train or assess for a limited time period Commanders may grant exemptions as outlined in AFI 36- 2905, Table 4.3 CATEGORIES Composite Exemptions – Member is exempt from all components of the FA Component Exemption – Member is exempt from one or more components of the FA, but will be assessed on the remaining components

MP 3 AFI Exemption greater than 30 days, including pregnancy, will refer to the EP/FPM or appropriate ancillary provider for exercise assessment, prescription and counseling, or rehabilitation program Member is eligible for FA 42 days after expiration of physical limitation if greater than 30 days. (180 days for pregnancies) Any member Exempt from a component and scores 90 or Above, still has to test every 6 month Military provider must make final disposition for any physical limitation in cases where non-military providers are utilized Must be current before deployment Failure before deployment

MP3 AFI Attachment 19

MP4: Building a Squadron Fitness Program What is the typical conversation about the USAF Fitness Program? What is the effect the typical conversations have on F2F results? AFI 36-2905 states: “The Goal of the fitness program is to MOTIVATE all members to participate in a year-round physical conditioning program that emphasizes total fitness, to include proper aerobic conditioning, strength/flexibility training and healthy eating.”

MP4: Building a Squadron Fitness Program Goal is to motivate all members What motivates you? Circuit Training

MP 5: Nutritional Education Do you eat healthy? How do you know? How many times a day do you eat? How many calories a day do you consume? Where do your calories come from?

MP 6: Various Exercise Programs Be familiar with various classes and programs offered both on base and off. CC and CCF should be actively involved. CC and CCF lead by example, both in participation and attitude. Recognize and reward effort and accomplishments, but also correct those who do not meet standards (according with AFI 36-2905).

Summary Intent Unit Responsibilities Air Force Instruction

QUESTIONS? First Sergeant Academy Integrity – Service – Excellence Our Job Is People, Everyone is our Business Integrity – Service – Excellence QUESTIONS?

Death and Command Responsibilities

OVERVIEW Casualty Services The First Sergeant Role Dependent Death

Who they are Casualty Services The mission Emergency Family Member Travel (EFMT) Casualty Assistance Representatives (CARs) Mortuary Affairs Office

Reporting Notification Assistance Support The First Sgt Role Physicians have long known the effects of stress on the human body. Behavior exhibited by some people can indicate their stress level, and even add to their stress level. The type A person is more likely to have a heart attack than the type B person, presumably because of their stress level. However, a type B person is more likely to die from a heart attack. This is presumed to be because a type A person would be more prone to change the behavior that caused the first heart attack. 4

Family Liaison Officer (FLO) The Family’s “Gatekeeper” Commander’s personal representative to help the family in any and all matters needed or requested Unit member with same or similar job A connection between the Air Force and family members (not a best friend of the family) A link to array of assistance, support, and services: transportation, information, lodging, administrative details, finance, etc. Primary duty until Airman and family can be taken care of by Recovery Care Coordinator and AF Wounded Warrior The heart of the program rests with the appointment of Family Liaison Officers and the training we facilitate so they become the family’s advocate. They ensure the families of wounded troops are provided transportation to hospitals, get access to bases, assist with lodging, help families with child care, movement of household goods for those who are PCS’d to a patient squadron, work with finance, and any other agencies that are required to assist the wounded member and his/her family. They are not the subject matter experts but they can help the family maneuver through the often confusing Air Force agencies and direct them to the right agency for information clarification. They have proven invaluable to family members located in “Hometown America,” far from an active duty installation and with little or no understanding of military procedures. We have always had a “FLO.” It may have been the first sergeant or another squadron member, or a neighbor, but in the case of a WIA troop, the family and member are likely to be away from their home base and community, making the need for assistance that much more important. The FLO can take care of many needs of the family, allowing them to focus on the well-being of their loved one. The Family’s “Gatekeeper” 78

Active Duty Mortuary Entitlements AF must have authorization from the PADD to take custody of the fallen for preparation and return to the destination designated. Primary Expenses and include: Funeral Services with local funeral home Uniform Service Dress Uniform (Insignia, ribbons, badges, and other accouterments) GPC is used to procure Uniform and accouterments Flight Suit PADD to provide or unit Civilian Clothing PADD to provide or GPC is used to procure. Cannot exceed cost of Service Dress Uniform Urn Cremation-Performed at the destination Funeral Home and paid as a Primary Expense Flag(s)/Flag Case(s) (12) State Death Certificates/DD 2064

Active Duty Mortuary Entitlements or Title 10 Primary Expenses and include: Transportation to Unit Memorial Services Parents Spouses Parents Member’s siblings Children 2 days travel lodging and perdium Same Entitlement for any location of funeral services Transportation to Dignified Transfer (DAFB) and Dignified Arrival One Escort is authorized payment by Mortuary Must be an Active Duty Member Second escort paid by unit

Member Support Unit Support Be ready for anything! MP 3: Dependent Death Member Support Unit Support Be ready for anything! Physicians have long known the effects of stress on the human body. Behavior exhibited by some people can indicate their stress level, and even add to their stress level. The type A person is more likely to have a heart attack than the type B person, presumably because of their stress level. However, a type B person is more likely to die from a heart attack. This is presumed to be because a type A person would be more prone to change the behavior that caused the first heart attack. 4

Dependent Death Mortuary Officer will validate dependent status via DEERS Entitlements (All)-Reimbursement of remains transportation expenses from the location of death to the location the Sponsor designates for interment/inurnment Infants-One of the following must be issued for an entitlement to be extended: Death Certificate Fetal Death Certificate/Report A report of Fetal demise Additional Entitlement Dependents OCONUS-Sponsor can request preparation of remains, casket and urn on a reimbursable basis through a DoD Military Mortuary NOTE: If the fetus does not meet statutory weight and/or gestation periods, the death may not be reportable, therefore one of the documents listed will be issued. In these cases, we recommend you seek financial assistance through AF Aid Society.

The First Sergeant Role Dependent Death SUMMARY Casualty Services The First Sergeant Role Dependent Death CONCLUSION The conclusion of this lesson will include a final summary. This will summarize relevant material from questions and answers raised coupled with a quick review of main points. The final summary will also restate the lesson objective(s) in Part I of this lesson. A remotivation will identify a variety of potential users of the material contained in the lesson plan and encourage student application (use) of the material learned. A closure portion of the lesson will leave the student with a positive sense of completion. 18

QUESTIONS? First Sergeant Academy Integrity – Service – Excellence Our Job Is People, Everyone is our Business Integrity – Service – Excellence QUESTIONS?

Authorized Absences

Overview General Guidance Types of Leave Passes Permissive TDY

MP1. General Guidance Established by Congress Unit commander’s leave policy At least 14 consecutive days and 30 days/year Authorized Absence Where leave begins and ends…Local Area General Guidence Leave Extensions Paternity/Maternity Leave Recall from Leave Special Leave Accrual (SLA)

MP2. Types of Leave Annual Leave Advance Leave Convalescent Leave Approval of 30 days or less Approval of more than 30 days Convalescent Leave 30 days or less Exception: 42 days for normal pregnancy Emergency Leave Immediate Family Emergency Leave Process Terminal Leave Excess Leave

MP3. Passes Two types Regular: (Liberty) Starts after normal working hours on a given day and stops at the beginning of normal working hours on the next working day. Special: Starts after normal working hours on a given day and will not exceed a specific time limit of either three or four days. No mileage restrictions. 3-Day: Must contain at least one duty day 4-Day: Must include two consecutive non-duty days Both passes can be taken in conjunction with leave Leave still must begin and end in local area

MP4. Permissive TDY (PTDY) Administrative Absence Not chargeable as leave 48 specific rules governing PTDY AFI 36-3003, Table 7 Examples New housing with PCS Pre-separation or Retirement Accompany dependant or member patient to a designated Medical Treatment Facility

Summary General Guidance Types of Leave Passes Permissive TDY

QUESTIONS? First Sergeant Academy Integrity – Service – Excellence Our Job Is People, Everyone is our Business Integrity – Service – Excellence QUESTIONS?

Unauthorized Absences

OVERVIEW UNAUTHORIZED ABSENCES AWOL/DESERTER CLASSIFICATION RETURN TO MILITARY CONTROL RESPONSIBILITIES AND SEQUENCE OF EVENTS 2

MP 1: UNAUTHORIZED ABSENCE WHEN THEY BEGIN WHEN THEY END Cite the date and time 3

MP 2: AWOL/DESERTER CLASSIFICATION DETERMINED BY TIME REASONS FOR IMMEDIATE DESERTER CLASSIFICATION 6

MP 3: RETURN TO MILITARY CONTROL Definition When it occurs 7

MP 4: RESPONSIBILITIES AND SEQUENCE OF EVENTS COMMANDER FIRST SERGEANT SUPERVISOR SECURITY FORCES MPF 9

SUMMARY WHEN THEY BEGIN AND END AWOL/DESERTER CLASSIFICATION RETURN TO MILITARY CONTROL RESPONSIBILITIES AND SEQUENCE OF EVENTS 13

QUESTIONS? First Sergeant Academy Integrity – Service – Excellence Our Job Is People, Everyone is our Business Integrity – Service – Excellence QUESTIONS?

AFI 31-208(I) Motor Vehicle Supervision Security Forces Procedures AFI 31-208(I) Motor Vehicle Supervision

OVERVIEW General Guidance The Call Forms Driving Privileges Traffic Point System Commander’s Action MAIN POINTS MP1 (C) FORMS MP2 (C) DRIVING PRIVILEGES MP3 (C) TRAFFIC POINT SYSTEM MP4 (C) COMMANDER’S ACTION Overview: Provide the students with a clear sequence of how this particular lesson will be presented. The instructor will outline for the students the main and subpoints and strategy/ presentation as contained in Part I of the lesson plan. Transitions: Continuously relate main and subpoints to the objective(s) of this lesson. Ensure that smooth orderly and logical connections are provided throughout the lesson. Transitions will provide the students a sense of lesson unity and prevent any dysfunction in the material presented. Interim Summaries: The lesson will include interim summaries as required to further develop and/or reinforce student learning. Question and Answer Session: Encourage thought-provoking questions throughout the lesson, which strongly reinforce understanding of this lesson. Insightful timing is essential. Responses to student questions will be accurate and complete. Instructor will sense any areas of confusion and anticipate student questions.

MP 1: The Call Preparation Supervisor Timeliness Continuity Book (Blackberry) Notification Supervisor Sees the member as is Takes responsibility Timeliness See AFI 31-201, Chap 14, para. 14.13 You will become most familiar with this form when you have to pick up one of your troops at the Security Forces Law Enforcement Desk. You sign the DD Form 2708 as the unit representative. The DD Form 2708 replaced DD Form 629.

MP 1: SELECTED FORMS DD Form 2708 – Receipt for Prisoner or Detained Person AF Form 1168 – Statement of Suspect/Witness/Complainant AF Form 3545A – SF Report DD Form 1408 – Traffic Ticket DD Form 1805 – US Magistrate Ticket See AFI 31-201, Chap 14, para. 14.13 You will become most familiar with this form when you have to pick up one of your troops at the Security Forces Law Enforcement Desk. You sign the DD Form 2708 as the unit representative. The DD Form 2708 replaced DD Form 629.

MP 2: DRIVING PRIVILEGES Conditional Privilege – Requirements Implied Consent to Blood, Breath, Urine Suspension – Temporary For serious violation or when lesser measures fail to improve a driver’s performance Up to 6 months Revocation – Termination of privilege Not less than 6 month Mandatory times See AFI 31-204, chap 2, para 2.1.1

MP 2: DBIDS Defense Biometrics Identification System Purpose: helps in decision making in order to keep members safe from unauthorized personnel and control access to mission critical assets. Information Photograph Height, weight, and Fingerprints Suspensions or revocations See AFI 31-204, chap 2, para 2.1.1

MP 3: TRAFFIC POINT SYSTEM Uniform and impartial administrative device Not substitute for disciplinary or punitive action For moving violations only unless otherwise directed by the Installation Commander in a supplement See AFI 31-204, chap 5, table 5.2 for points assessment for specific traffic violations.

MP 4: COMMANDER’S ACTION Installation Commanders May Require: Advisory Letter through Unit CC Counseling/Interview via Unit CC (6-12 pt in 6 mths) Drivers Improvement and Rehabilitation Program Ground Safety is POC Medical Evaluation Referral Drug Or Alcohol Rehabilitation Referral SEE AFI 31-204, chap 5, para. 5.4.4 regarding CC actions which may be required by the Installation Commander.

QUESTIONS? First Sergeant Academy Integrity – Service – Excellence Our Job Is People, Everyone is our Business Integrity – Service – Excellence QUESTIONS?

SUMMARY General Guidance The Call Forms Driving Privileges Consent DBIDS Traffic Point System Commander’s Action CONCLUSION The conclusion of this lesson will include a final summary. This will summarize relevant material from questions and answers raised coupled with a quick review of main points. The final summary will also restate the lesson objective(s) in Part I of this lesson. A remotivation will identify a variety of potential users of the material contained in the lesson plan and encourage student application (use) of the material learned. A closure portion of the lesson will leave the student with a positive sense of completion.

COUNSELING CONFRONTATION AND MEDIATION

OVERVIEW GOAL OF COUNSELING/APPROACHES COUNSELING TECHNIQUES LISTENING OUR ROLE DEFINED AUTHORITIES DIAGNOSING THE ENVIRONMENT ATTRIBUTES OF POSITIVE CONFRONTATION GOAL OF MEDIATION MEDIATION PROCESS MEDIATION CLOSURE

MP 1: GOAL OF COUNSELING Counseling helps people use good judgment, assume responsibility, and face and solve problems. Counselors assist subordinates in developing skills, attitudes, and behaviors that are consistent with maintaining the Air Force's readiness. -- AFI 36-2907

MP 1: COUNSELING APPROACHES COGNITIVE Thinking BEHAVIORAL Reinforcement AFFECTIVE Feeling Where 1st Sgt needs to be MOST of the time

MP 2: LISTENING Understand the process Hearing and Listening Barriers If a tree falls in the forest and no one is around does it make a noise????? Barriers

MP 3: COUNSELING TECHNIQUES BEGINNING THE SESSION Rapport Warm welcome Put at ease – “break the ice” Door opened or closed??

MP 3: COUNSELING TECHNIQUES PREPARING FOR THE SESSION Gather Background Material PIF Supervisor UPRG Privacy Seating Distractions

MP 3: COUNSELING TECHNIQUES CONDUCTING THE SESSION Attending behavior Questioning techniques Responding Referrals

MP 3: COUNSELING TECHNIQUES CLOSURE Summarize No New Information Schedule Follow-Up

MP 3: COUNSELING TECHNIQUES FOLLOW-UP Does the counselee “feel” helped? Further referral Scheduled appt/can be out-and-about…

MP 4: OUR ROLE DEFINED AFI 36-2618 para 4.1.5 states ALL NCOs will: Epitomize excellence and lead by example through exhibiting professional behavior, military bearing, respect for authority, and the highest standards of dress and appearance. Instill professional behaviors in subordinates. Correct those who violate standards.

MP 4: OUR ROLE DEFINED AFI 36-2618 Senior NCOs.. Be an active, visible leader. Deliberately develop junior enlisted Airmen, NCOs, and fellow SNCOs into better followers, leaders, and supervisors.

MP 5: AUTHORITIES Position power Legitimate Personal power AF LEADERS’ POWER AND INFLUENCE Position power Legitimate Personal power

MP 5: AUTHORITIES Article 7 and RCM 302 empowers NCO’s to apprehend Article 91 protects NCOs from insubordinate conduct. Commander’s delegated authorities

MP 5: AUTHORITIES AN AIRMAN’S DUTY INCLUDES: Oath of enlistment ART. 92 “Failure to obey” defines Dereliction of Duty ART. 91 C(4) para 14c(2) “…an order is disobeyed at the peril of the subordinate.”

MP 6: DIAGNOSING THE SITUATION Based upon situation Unable/able vs. Willing/Unwilling Leadership styles: Supportive Directive Combine with counseling techniques

MP 7: ATTRIBUTES Some positive attributes of confrontation: Acquire and maintain a high level of skill and knowledge Establish and maintain sound positioning Be able to remain calm when the going gets rough Share directly with the individual Be a good listener Take the risk of hearing unpleasant things from them Discuss alternatives

MP 8: Goal of Mediation Webster’s New Collegiate Dictionary defines mediation as an intervention between conflicting parties to promote reconciliation, settlement or compromise Physicians have long known the effects of stress on the human body. Behavior exhibited by some people can indicate their stress level, and even add to their stress level. The type A person is more likely to have a heart attack than the type B person, presumably because of their stress level. However, a type B person is more likely to die from a heart attack. This is presumed to be because a type A person would be more prone to change the behavior that caused the first heart attack. 4

MP 9: Mediation process Opening statement by mediator Opening statements by parties Joint discussion Conducting the session--note non-verbal behaviors These are examples of the different effects of stress on your body. Relate to the students that each of these changes to the body has an adverse effect on the body. It therefore can have an adverse effect on mission accomplishment. Discuss the effect that stress can have in the work environment on the next slide. 3

MP 10: Mediation closure Agreement Non-Agreement Two types of Closure: Agreement Non-Agreement Regardless of the outcome—follow-up!! Discuss the effect that stress can have in the work environment, and how this can effect overall mission accomplishment. Also, mention that stress begets more stress. 5

SUMMARY GOAL OF COUNSELING/APPROACHES COUNSELING TECHNIQUES LISTENING OUR ROLE DEFINED AUTHORITIES DIAGNOSING THE ENVIRONMENT ATTRIBUTES OF POSITIVE CONFRONTATION GOAL OF MEDIATION MEDIATION PROCESS MEDIATION CLOSURE

QUESTIONS? First Sergeant Academy Integrity – Service – Excellence Our Job Is People, Everyone is our Business Integrity – Service – Excellence QUESTIONS?

Administrative Actions Reference: AFI 36-2907

OVERVIEW Purpose Counselings, Admonishments And Reprimands Unfavorable Information File Control Roster Responsibilities

PURPOSE Purpose is to “improve, correct, and instruct subordinates who depart from standards…on or off duty, and whose actions degrade the individual and unit mission.” -AFI 36-2907

USAF FIRST SERGEANT ACADEMY Counseling Admonishment Reprimand

PROCEDURES AND FORMAT Privacy Act PIF/UIF/’Desk Drawer’ Format

ESTABLISHING/MAINTAINING UIFS AF Form 1058 AF Form 1137 Commander’s Actions Member’s Actions

MANDATORY/OPTIONAL ENTRIES -UIF Table 2.2 AFI 36-2907 Optional Limitations – Documents greater than 6 months old and/or reenlistment after document date

DISPOSITION/REMOVAL AFI 36-2907, Table 2.2 Disposition Determined By Type Of Document Filed In UIF Early Removal Limitations On Removal

No Mandatory Limitations UIF CAREER IMPACT No Mandatory Limitations

USAF FIRST SERGEANT ACADEMY CONTROL ROSTERS

DEFINITION AND PURPOSE “Rehabilitative tool used by commanders at all levels to set a 6-month observation period for individuals…who fail to meet or maintain AF standards of conduct…on and off duty.” --AFI 36-2907

ESTABLISHING CONTROL ROSTERS Procedures AF Form 1058 AF Form 1137 Commander’s Actions Member’s Actions

REMOVAL ACTIONS Automatically 2400 Last Day Of 6th Month Early Removal

CONTROL ROSTER IMPACT EPR Promotion Reenlistment PCS/PCA Formal Training

RESPONSIBILITIES Commanders First Sergeants Supervisors UIF Monitor

SUMMARY Purpose Counseling/Reprimand UIF CR Responsibilities

QUESTIONS? First Sergeant Academy Integrity – Service – Excellence Our Job Is People, Everyone is our Business Integrity – Service – Excellence QUESTIONS?

Enlisted Promotions Reference: AFI 36-2502

OVERVIEW Objective Promotion Authority Promotion Methods Promotion Procedures Promotion Actions First Sergeant Responsibilities

OBJECTIVE “The Air Force must be able to identify those people with the highest potential to fill positions of increased grade and responsibility” —AFPD 36-25

PROMOTION AUTHORITY For Promotion to: AB – MSgt Immediate Commander SMSgt/CMSgt Academy Commandants SMSgt/CMSgt Detachment Chiefs/GS-09- Above For Promotion to: SMSgt - CMSgt: Major Command CC (MAJCOM) Field Operating Agency (FOA) Direct Reporting Unit CC (DRU) Chief of Staff, USAF Enlisted –ONE grade

PROMOTION METHODS & PROCEDURES AB - SrA FULLY QUALIFIED BELOW-THE-ZONE SSgt– CMSgt WAPS (SSgt – MSgt) WAPS/BOARD (SMSgt/CMSgt) STEP SSGT – MSGT ONLY PME /TIG CANNOT BE WAIVED 6 MONTHS TIG FOR PROMOTION TO SSgt 12 MONTHS TIG FOR PROMOTION TO TSgt 12 MONTHS TIG FOR PROMOTION TO MSgt

PROMOTION ROSTERS UNIT PROMOTION ROSTER BTZ ELIGIBLE ROSTER Amn - SrA BTZ ELIGIBLE ROSTER Part I – All eligible A1C’s, no quality indicators Part II – “Questionable” Part III – Ineligible PROMOTION ELIGIBLE/INELIGIBLE ROSTER Part I – Selected/Line numbers Part II – Ineligible

PROMOTION ACTIONS Non-recommendation A1C’s and below up to 6 months at a time BTZ selectees removed from selection list Removal Action (EX: red-line a line number because they are no longer eligible to promote) SrA - SMSgt: for a specific cycle; must be in writing

PROMOTION ACTIONS Deferral Deferral beyond 3 months Only affects promotion to SSgt - CMSgt Delays promotion Promotion authority up to 3 months Deferral beyond 3 months Wing CC or equivalent for SSgt - MSgt Promotion authority for SMSgt and CMSgt Appropriate when: Reason is within member’s control (AWOL, DUI…)

PROMOTION ACTIONS Withhold Withhold beyond one year Promotion “on hold” pending some action Immediate CC may withhold for 1 year (all ranks) Withhold beyond one year Wing CC or equivalent for SSgt - MSgt Promotion authority for SMSgt and CMSgt Appropriate when: Reason is outside member’s control (has not attended PME)

PROMOTION ACTIONS Reinstatement Use when For only the most deserving cases Removal from Control Roster/Completion of Art 15 suspended reduction (allow to test, score test, previous selects) Facts determine an injustice has occurred Ineligibility conditions no longer exist The individual or the commander can request promotion reinstatement

FIRST SERGEANT RESPONSIBILITIES PROMOTION CEREMONIES Commanders may conduct ceremonies on the last duty day before the promotion effective date and inform the member that ceremonies do not affect pay, seniority,or entitlements.

INTERIM SUMMARY Objective Promotion Authority Promotion Methods Promotion Procedures Promotion Actions First Sergeant Responsibilities

Administrative Demotions Reference: AFI 36-2502 dated 31 Dec 09

OVERVIEW Purpose Demotion Authority Reasons To Demote Demotion Procedures Appeals

PURPOSE Ensure personnel are fully qualified to serve in their current grade and position.

DEMOTION AUTHORITY Group Commander E-7 And Below MAJCOM/FOA/DRU Commander (can delegate to MAJCOM Vice) E-8 And E-9 Secretary Of The Air Force Anyone

REASONS TO DEMOTE Failure To Complete Training Failure To Maintain Grade/Skill Failure To Fulfill Responsibilities (Amn, NCO, SNCO) Failure To Keep Fit Failure To Perform (Premier Bandsman Only)

PROCEDURES Notification Airman’s Decision Commander’s Decision Demotion Authority’s Decision

APPEALS Every Airman’s Right Demotion Authority Actions Appellate Authority Actions

SUMMARY Purpose Demotion Authority Reasons To Demote Demotion Procedures Appeals

QUESTIONS? First Sergeant Academy Integrity – Service – Excellence Our Job Is People, Everyone is our Business Integrity – Service – Excellence QUESTIONS?

Administrative Separations Reference: AFI 36-3208

OVERVIEW Purpose And General Policies Voluntary Separations Involuntary Separations Service Characterizations

PURPOSE/GENERAL POLICY “The Air Force must maintain a vigorous fighting force with high standards of conduct” --AFPD 36-32 “Separating members failing to meet standards…promotes Air Force readiness and strengthens military service” -- AFI 36-3208

TYPES OF ADMINISTRATIVE SEPARATIONS Required Voluntary Involuntary

VOLUNTARY SEPARATIONS Reasons COG Dependency/hardship In lieu of court-martial

INVOLUNTARY SEPARATIONS General Considerations Reasons Involuntary COG Defective Enlistments Entry Level Conduct Substance Abuse Treatment Failure Unsatisfactory Performance Misconduct Fitness Failure Procedures CC Action When Initiating Involuntary Discharge

MANDATORY SEPARATIONS Reasons Fraudulent or Erroneous Enlistment Civil Court conviction Drug Abuse PT Failures

ADMINISTRATIVE DISCHARGE BOARDS Board entitled if: NCO 6 or more years TAFMS UOTHC Characterization

CHARACTERIZATIONS Honorable General UOTHC

NON-CHARACTERIZATION Entry Level Release From Custody Dropped From Rolls

SUMMARY Purpose/General Policies Voluntary Separations Involuntary Separations Service Characterizations

QUESTIONS? First Sergeant Academy Integrity – Service – Excellence Our Job Is People, Everyone is our Business Integrity – Service – Excellence QUESTIONS?

Intro to MCM & Rights of the Accused

Overview Purpose of Military Law The Manual for Courts-Martial (MCM) Rights of an Accused Rights Advisement Training Requirements Parts of a Punitive Article Commonly used Punitive Articles

MP1. Purpose of Military Law Preamble of the MCM: “The purpose of military law is to promote justice, to assist in maintaining good order and discipline in the armed forces, to promote efficiency and effectiveness in the military establishment, and thereby strengthen the national security of the United States”

MP2. MCM Overview Part 1: Preamble Part 2: Rules for Courts-Martial (RCM) Part 3: Military Rules of Evidence (MRE) Part 4: The Punitive Articles Part 5: Non-judicial Punishment (NJP) Procedures

MP3. Rights of an Accused Article 31 Presumption of innocence Burden of proof Reasonable Doubt Self-Incrimination Rights Advisement

MP3. Rights of an Accused Article 27, Equal Qualifications Article 32 Pretrial Investigation General Courts-Martial Article 38, Right to an attorney Article 137, UCMJ training requirements Initial entry After completion of 6 months of active duty Upon reenlistment

MP4. Parts of the Punitive Article Articles 77 – 134 (Punitive Articles) Part 1: Text Part 2: Elements Part 3: Explanation Part 4: Lesser Included Offenses Part 5: Maximum Permissible Punishments Part 6: Sample Specifications

47. Article 122 – Robbery A. Text of statute Any person subject to this chapter who with intent to steal takes anything of value from the person or in the presence of another, against his will, by means of force or violence or fear of immediate or future injury to his person or property or to the person or property of a relative or member of his family or of anyone in his company at the time of the robbery, is guilty of robbery and shall be punished as a court-martial may direct. B. Elements (1) That the accused wrongfully took certain property from the person or from the possession and in the presence of a person named or described; (2) That the taking was against the will of that person; (3) The taking was by means of force, violence, or force and violence, or putting the person in fear of immediate or future injury to that person, a relative, a member of the person’s family, anyone accompanying the person at the time of the robbery, the person’s property, or the property of a relative, family member, or anyone accompanying the person at the time of the robbery; (4) That the property belonged to a person named or described; (5) That the property was of a certain or of some value; and (6) That the taking of the property of the accused was with the intent permanently to deprive the person robbed of the use and benefit of the property. (7) That the means of force or violence or of putting the person in fear was a firearm. C. Explanation (1) Taking in the presence of the victim. It is not necessary that the property taken be located within any certain distance of the victim. (2) Force or violence. For a robbery to be committed by force or violence, there must be actual force or violence to the person, preceding or accompanying the taking against the person’s will, and it is immaterial that there is no fear engendered in the victim. (3) Fear. For robbery to be committed by putting the victim in fear, there need be no actual force or violence, but there must be a demonstration of force or menace by which the victim is place in such fear that the victim is warranted in making no resistance. D. Lesser included offences (1) Article 121 – larceny (2) Article 121 – wrongful appropriation (3) Article 128 – assault; assault consummated by a battery (4) Article 128 – assault with a dangerous weapon (5) Article 134 – assault with intent to rob (6) Article 80 – attempts E. Maximum punishment (1) When committed with a firearm. Dishonorable discharge, forfeiture of all pay and allowances and confinement for 10 years. (2) Other cases. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years. F. Sample specification In that (personal jurisdiction data) did (at/on board – location) (subject-matter jurisdiction data, if required), on or (violence) (force and violence) (and) (putting him/her in fear) (with firarm) steal from the (person) (presence) of, against his/her will, (a watch) ( ) of value of (about) $ the property of

47. Article 122 – Robbery A. Text of statute 47. Article 122 – Robbery A. Text of statute Any person subject to this chapter who with intent to steal takes anything of value from the person or in the presence of another, against his will, by means of force or violence or fear of immediate or future injury to his person or property or to the person or property of a relative or member of his family or of anyone in his company at the time of the robbery, is guilty of robbery and shall be punished as a court-martial may direct.

47. Article 122 – Robbery B. Elements (1) That the accused wrongfully took certain property from the person or from the possession and in the presence of a person named or described; (2) That the taking was against the will of that person; (3) The taking was by means of force, violence, or force and violence, or putting the person in fear of immediate or future injury to that person, a relative, a member of the person’s family, anyone accompanying the person at the time of the robbery, the person’s property, or the property of a relative, family member, or anyone accompanying the person at the time of the robbery; (4) That the property belonged to a person named or described; (5) That the property was of a certain or of some value; and (6) That the taking of the property of the accused was with the intent permanently to deprive the person robbed of the use and benefit of the property. [NOTE: If robbery was committed with a firearm, add the following.] (7) That the means of force or violence or of putting the person in fear was a firearm.

47. Article 122 – Robbery C. Explanation (1) Taking in the presence of the victim. It is not necessary that the property taken be located within any certain distance of the victim. (2) Force or violence. For a robbery to be committed by force or violence, there must be actual force or violence to the person, preceding or accompanying the taking against the person’s will, and it is immaterial that there is no fear engendered in the victim. (3) Fear. For robbery to be committed by putting the victim in fear, there need be no actual force or violence, but there must be a demonstration of force or menace by which the victim is place in such fear that the victim is warranted in making no resistance.

47. Article 122 – Robbery D. Lesser included offences (1) Article 121 – larceny (2) Article 121 – wrongful appropriation (3) Article 128 – assault; assault consummated by a battery (4) Article 128 – assault with a dangerous weapon (5) Article 134 – assault with intent to rob (6) Article 80 – attempts

47. Article 122 – Robbery E. Maximum punishment (1) When committed with a firearm. Dishonorable discharge, forfeiture of all pay and allowances and confinement for 15 years. (2) Other cases. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.

47. Article 122 – Robbery F. Sample specification In that (personal jurisdiction data) did (at/on board – location) (subject-matter jurisdiction data, if required), on or (violence) (force and violence) (and) (putting him/her in fear) (with firearm) steal from the (person) (presence) of, against his/her will, (a watch) ( ) of value of (about) $ the property of

MP5 Common Punitive Article Article 85, Desertion Article 86, Absence without leave Article 91, Insubordinate Conduct toward warrant officer, noncommissioned officer, or petty officer Article 92, Failure to obey order or regulation Article 107, False Official Statement Article 108, Military property of the United States –sale, loss, damage, destruction or wrongful disposition Article 111, Drunken or reckless operation of vehicle, aircraft, or vessel Article 112, Drunk on Duty Article 112a, Wrongful use, possession, etc. of controlled substances Article 117, Provoking Speeches and gestures Article 123a, Making, drawing, or uttering check without sufficient funds Article 128, Assault Article 134, General Article

Summary Purpose of Military Law The Manual for Courts-Martial (MCM) Rights of an Accused Rights Advisement Training Requirements Parts of a Punitive Article Commonly used Punitive Articles

QUESTIONS? First Sergeant Academy Integrity – Service – Excellence Our Job Is People, Everyone is our Business Integrity – Service – Excellence QUESTIONS?

Inspections Searches Apprehension Pretrial Restraint

Overview Inspections Searches Apprehension Pretrial Restraint

MP1 INSPECTIONS M.R.E. 313(b), UCMJ “…examination of the whole or part of a unit, organization, installation, vessel, aircraft, or vehicle…” M.R.E. 313(b), UCMJ

MP1 INSPECTIONS Authority “…as a commander, military law authorizes you to direct inspections…of persons and property under your command…” --Military Commander and the Law

MP1 INSPECTIONS Requirements and Procedures Primary Purpose Reasonable Manner All inspections done the same Contraband Prohibited (candles, pets…) Illegal (drugs, bombs…)

MP1 INSPECTIONS What to do if “something” is found: “Freeze” situation Do NOT personally investigate Notify SFS Statements JAG CONTINUE THE INSPECTION

MP2 SEARCHES “…examination of a person, property, or premise to uncover evidence of a crime or criminal intent…” -- AFI 31-201

MP2 SEARCHES Authorizations Installation Commanders Military Magistrates

MP2 SEARCHES Requirements Probable Cause Probable Cause Search Procedures

MP2 SEARCHES Lawful Searches NOT requiring Probable Cause Consensual Border Government Property Lawful Stops Jails Entrance/Exit Military Installations Abroad

“The taking of a person into custody” MP3 APPREHENSIONS “The taking of a person into custody” Article 7, UCMJ

MP3 APPREHENSIONS Authority: Probable Cause Law Enforcement officials All Commissioned, Warrant, Petty, and Noncommissioned Officers Probable Cause

MP3 APPREHENSIONS Procedures Clearly Notify Reasonable Force Maintain Custody Inform member’s commander

MP4 Pretrial Restraint --- R.C.M. 304, UCMJ “Moral or physical restraint on a person’s liberty which is imposed before and during disposition of offenses” --- R.C.M. 304, UCMJ

MP4 Pretrial Restraint REQUIREMENTS An offense triable by CM has been committed The person to be restrained committed the offense Type of restraint is required by the circumstances

MP4 Pretrial Restraint Conditions on Liberty Restriction in Lieu of Arrest * Arrest * Pretrial Confinement * *Begins 120 day speedy trial clock

MP4 Pretrial Restraint May be imposed by: Commissioned Officer Commanding Officer A Commander may delegate to Warrant, Petty and Noncommissioned Officers.

MP 5 Pretrial Confinement HR 24 HRS 48 HRS 72 HRS 7-10 DAYS 120 DAYS NOTIFY COMMANDER PRETRIAL REVIEW INCIDENT, PRETRIAL CONFINEMENT ORDERED COMMANDER CONTINUATION DECISION 2ND PRETRIAL REVIEW MUST GO TO TRIAL

Summary Inspections Searches Apprehension Pretrial Restraint

QUESTIONS? First Sergeant Academy Integrity – Service – Excellence Our Job Is People, Everyone is our Business Integrity – Service – Excellence QUESTIONS?

Introduction To Non Judicial Punishment

People are our business Overview Purpose Commander’s Responsibilities SJA Responsibilities Limitations MAIN POINTS MP1 (C) Purpose MP2 (K) Limitations MP2 (C) Responsibilities MP3 (C) Article 15 Proceedings MP4 (K) Commander’s Tools Overview: Provide the students with a clear sequence of how this particular lesson will be presented. The instructor will outline for the students the main and subpoints and strategy/ presentation as contained in Part I of the lesson plan. Transitions: Continuously relate main and subpoints to the objective(s) of this lesson. Ensure that smooth orderly and logical connections are provided throughout the lesson. Transitions will provide the students a sense of lesson unity and prevent any dysfunction in the material presented. Interim Summaries: The lesson will include interim summaries as required to further develop and/or reinforce student learning. Question and Answer Session: Encourage thought-provoking questions throughout the lesson, which strongly reinforce understanding of this lesson. Insightful timing is essential. Responses to student questions will be accurate and complete. Instructor will sense any areas of confusion and anticipate student questions. People are our business

People are our business MP 1: Purpose of NJP MCM Standard – Maintain good order and discipline – positive behavior change Punishment Rehabilitative Used for Minor Offenses Only No Stigma of Courts-Martial When granted NJP authority, the commander is cast in a role similar to a misdemeanor court judge. In some situations the commanders best and certainly their strongest method of correcting behavior. Also, a superior facet of our military justice system. The fact the stigma of a courts-martial conviction is absent can also be contrasted with the civilian court system. If convicted in any court downtown, you will have a criminal record. People are our business

MP 2: Commander’s Responsibilities Contact SJA prior to offering NJP May Dispose of an Offense as They See Fit Authority to Impose NJP Decide to Impose Based on Fact Act in a Timely Manner First Sergeant’s Role One of the most important things a commander must remember about NJP is that the member, unless embarked on a vessel, can decline the Article 15 and request trial by courts-martial. Because of this, the military rules of evidence and the standards of proof should be followed during an investigation however it is not required (per Part V of MCM). Military Justice offices “routinely” advise commanders not to offer an Article 15 unless they are prepared to go to court. AFI 51-202, para 3.1 states, “Although it is the SJA’s responsibility to advise and help the commander to evaluate the facts and determine what offense was committed, if any, it is the commander who makes the decision to impose punishment and the degree of punishment.” -- First Sergeants should be prepared to advise the commander of the possible morale impact that could result from offering Article 15’s when evidence of violations is not available. People are our business

MP 3: SJA Responsibilities Ensure Commander’s Take Appropriate Actions (legally sufficient) Ensure Specifications are Legally Accurate Advise Commanders on Punishment Maintain Records People are our business

MP 4: LIMITATIONS Double Punishment Increase in Punishment Multiple Punishments Statute of Limitations Civilian Courts - Article 2 (UCMJ) identifies who is subject to the UCMJ. Basically, all active duty and Reserve personnel, ANG personnel (while on Title 10 orders otherwise they are under state codes) and personnel who draw retirement pay (Article 15 action will not be taken on a retired person). Civilians can be charged under Articles 83 (Fraudulent enlistment, and separations), 104 (Aiding the enemy) and 106 (Espionage) - There is a 2 year statue of limitation for NJP action. However, the individual may waive this limitation. If so it must be done in writing and accept by the commander. An individual would look at doing this instead of going to court-martial. - Double punishment is prohibited (two Article 15s for the same reason). Even though a commander may determine an incident to be minor, another commander in the chain may prefer charges against the member for the same offense and take the member to a court-martial. If found guilty at the CM, then the punishment under Article 15 action would be introduced during the sentencing phase of the court. The offense must carry a maximum punishment of more than a year confinement or DD. (Minor offenses are considered to be l year confinement or BCD or less)

People are our business SUMMARY Purpose Commander’s Responsibilities SJA Responsibilities Limitations CONCLUSION The conclusion of this lesson will include a final summary. This will summarize relevant material from questions and answers raised coupled with a quick review of main points. The final summary will also restate the lesson objective(s) in Part I of this lesson. A re-motivation will identify a variety of potential users of the material contained in the lesson plan and encourage student application (use) of the material learned. A closure portion of the lesson will leave the student with a positive sense of completion. People are our business

QUESTIONS? First Sergeant Academy Integrity – Service – Excellence Our Job Is People, Everyone is our Business Integrity – Service – Excellence QUESTIONS?

Article 15 Punishment and Commander’s Options

Overview Punishments Commander’s Options/Tools Vacation Action

MP 1: Punishment Punishment is limited based on Rank and title of the Commander and rank of the offender Refer to AF Form: 3070A for AB - TSgt 3070B for MSgt - CMSgt 3070C for Officers - Other considerations for the commander -- Service record -- Age of the member -- Potential for future service (Correctional Custody not ordinarily recommended for individuals with little potential for future service) -- Financial Status (good advice to get a financial statement from member)

MP 1: Punishment Options available to the Commander Include: Correctional Custody Reduction in Grade Restriction Extra Duties Forfeiture of Pay Reprimand Limitations on Combinations - Other considerations for the commander -- Service record -- Age of the member -- Potential for future service (Correctional Custody not ordinarily recommended for individuals with little potential for future service) -- Financial Status (good advice to get a financial statement from member)

MP 2: Commander’s Options Suspension Postpones all or part of punishment Mitigation Reduction of quantity or quality of punishment Remission Cancelation of unexecuted punishment Setting Aside Punishment resulted in clear injustice

MP 3: Vacation Action Previously suspended punishment is carried out if member commits a second offense under the UCMJ or violates a condition of probation Must be initiated during period of suspension Member has rights to a hearing similar to Article 15 process. (AF Form 366) The member must commit the second offense during the suspension period. You can not vacate an action that occurred before the suspension even if you just fond out about it. This does not however stop the commander from issuing another Article 15 for that offense. - A Vacation Action does not constitute Article 15 action in and of itself. A commander can take an additional Article 15 action on the offense that caused the vacation. - A very similar process to the initial Article 15 process. Notification, right to counsel etc… A TSgt receives Article 15 punishment (suspended reduction to SSgt) on 12 Jul 1997. On 1 Sept the individual failed to go to work, subsequently the commander vacated the suspension on 8 Sept 1997. The member’s new rank is SSgt with a DOR of 12 July 1997. His effective date is 8 Sept 1997. No loss in back pay.

Summary Punishments Commander’s Options/Tools Vacation Action

QUESTIONS? First Sergeant Academy Integrity – Service – Excellence Our Job Is People, Everyone is our Business Integrity – Service – Excellence QUESTIONS?