ANG Note Taker Table of Contents ANG Specific First Sergeant Responsibility Fitness Program Family Care Plan Program ANG Promotion Program ANG Personnel Evaluations Enlisted Force Management Recognition Referral Agencies Selective Retention Unsatisfactory Participation Counseling Maintenance of Discipline Administrative Reprimands Administrative Demotions Administrative Separations Managing Organizational Change ANG Training Management Deployment Issues Intro to UCMJ/SCMJ Legal Line of Duty Determination COGNITIVE SAMPLES OF BEHAVIOR: • Explain the scope of authority delegated. • Distinguish the types of duties first sergeants perform to meet their responsibilities. • Explain the first sergeant’s role in the unit. OVERVIEW Supervisory Chain in the ANG ANG Unique Issues Establishing a Plan Key Relationships MP 1: SUPERVISORY CHAIN Reporting official – AFI 36-2113, paragraph 14.3 Consistent with Organizational Alignment – – – – Unit Commander Group Commander Wing CC Technician Supervisor Why is this important to know? MP 2: ANG UNIQUE ISSUES We have at least two jobs – Civilian – Military Different Personnel Statuses – AGR, DSG and Technician – State (Title 32) and Federal (Title 10) MP 2: ANG UNIQUE ISSUES Our Force Only Comes Together 2 Days per Month – – – – – What are some of the barriers? Communication Time Limitations Influence Civilian Job MP 3: ESTABLISHING A PLAN How do you overcome these barriers? – Dedication – Commitment – Effort You only have two days a month to be the model – Integrity, Service , Excellence, Military Image, Military Competence … all the things that make us mission ready Or do you have more than two days a month? MP 3: ESTABLISHING A PLAN Full-Time Commitment / Mindset (24/7) – Your wing & unit must know when and how to contact you when you are not on duty • Command Post • Commanders • Chief and Unit personnel – What is your plan for communication? • Note: It is a two-way process! MP 4: KEY RELATIONSHIPS • • • • Commander Chief of Operations Enlisted Personnel Command Chief (CCC) – Installation functional manager for first sergeants • First Sergeant Council • Support Agencies • Key Squadron Personnel – – – – SORTS monitors & Unit Deployment managers Unit Career Advisor Training Managers Other Squadron program managers (APC, UFPM, Awards & Decs) MP 4: KEY RELATIONSHIPS Enlisted Field Advisory Council (EFAC) – – – – – – – Enlisted voice of the ANG Provides feedback on enlisted programs Anyone can submit an issue Preferred method is to submit action items through the CCM Action items are forwarded to the Council Council made up of Chairperson and Co-chairperson, 6 Regional Coordinators, and advisors from 1st Air Force and the ANG First Sergeant Functional Manager This is your way of working issues at the national level MP 4: KEY RELATIONSHIPS SUMMARY Supervisory Chain in the ANG ANG Unique Issues Establishing a Plan Key Relationships OVERVIEW Intent Unit Air Responsibilities Force Instruction 16 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.” 17 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. 18 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 362905, 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 Summary Intent Unit Air Responsibilities Force Instruction 30 OVERVIEW Family Care Program First Sergeant Responsibilities Family Care Plan 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 MP 2: First Sgt Responsibilities Certification Briefings MP 3: Family Care Plan AF Form 357 Copies of POA Continuation Sheet/Attachments SUMMARY Family Care Program First Sergeant Responsibilities Family Care Plan COGNITIVE SAMPLES OF BEHAVIOR: • Explain the ANG promotion policy. • Summarize the promotion criteria considered prior to promotion recommendation / nonrecommendation. • Explain the ANG promotion ineligibility factors. Overview Promotion Policy Promotion Criteria Important Attributes Ineligibility Factors Key Promotion Procedures Deserving Airman Promotions Exceptional Promotion Program MP 1: Promotion Policy • Authority: Chief, National Guard Bureau – Delegated to the State Adjutant General (TAG) – TAGs may further delegate promotion authority for TSgt and below to subordinate Wing commanders MP 1: Promotion Policy • Objective: – Identify and promote people with the highest potential for increased responsibility • Selection: – Based on duty performance and the potential to assume greater responsibilities MP 1: Promotion Policy • Prior to promotion to any grade the immediate commander must recommend the member • Recommendation based on evaluation of member’s total performance MP 2: Promotion Criteria • Promotion criteria assists commanders in selecting nominees for promotions • All criteria for promotion must be satisfied prior to promotion MP 2: Promotion Criteria • • • • • • • Unit Vacancy Fully Qualified in DAFSC Required Skill Level (PAFSC) TIG TIS Appropriate Level of PME Retainability Requirements MP 3: Important Attributes • • • • • • Performance Leadership Attitude Contributions Mentorship Potential MP 4: Ineligibility Factors • MEB/PEB or is not qualified for world wide duty • PT Assessment Failure • Selective Retention • Unsatisfactory Participation • Voluntary Retirement • Excess Status or Over-grade MP 5: Key Procedures • Emphasis on supervisory and leadership potential as well as demonstrated technical skills when recommending promotion to NCO grades • May not be promoted more than one grade at a time – Exception: • Promoted to SSgt to attend a commissioning program • As authorized upon graduation from high school JR. ROTC Program MP 5: Key Procedures • Promotions may not exceed authorized grade ceilings • Supervisor: – Initiates Request • First Sergeant – Quality check concerning unfavorable information – Provide feedback to commander MP 5: Key Procedures • Squadron Commander – Approve or recommend and forward to approval authority • Military Personnel Flight (MPF) – Process Personnel Action • Squadron Commander – Conduct a promotion ceremony MP 6: Deserving Airman • Qualified Deserving Airmen may be promoted without regard to position vacancy – TSgt - 12 years Satisfactory Service – MSgt – 18 years Satisfactory Service • Member must be the sole occupant of the UMD position with an authorized grade identical to their current grade MP 6: Deserving Airman • Member must be fully qualified in DAFSC • Member must satisfy all promotion criteria • Member’s qualifications far exceed what is required • Member must be assigned to the first available position that will resolve the overgrade status MP 7: Exceptional Promotions Program (EPP) • The goal is to provide promotion opportunity for Drill Status Guardsmen (DSG) by allowing those exceptional individuals to attain the ranks of E-8 and E9 when UMD authorizations may not exist MP 7: Exceptional Promotions Program (EPP) • State controlled program • Nominee must be a Drill Status Guardsman • Nominee must not be excess to unit requirements • Nominee must meet minimum TIG, TIS and AFSC requirements for the grade being promoted to MP 7: Exceptional Promotions Program (EPP) • Nominee must have completed SNCOA – In-residence highly desirable • Nominee must be within 3 years of qualifying for a Reserve Retirement – At least 17 years satisfactory service • Nominee must have 3 years retainability prior to reaching age 60 • First Sergeants may be considered Summary Promotion Policy Promotion Criteria Important Attributes Ineligibility Factors Key Promotion Procedures Deserving Airman Promotions Exceptional Promotion Program COGNITIVE SAMPLES OF BEHAVIOR: • Explain the purpose of the ANG Enlisted Performance Feedback System • Describe the process of completing performance feedback • Explain first sergeant responsibilities in the Air National Guard Enlisted Performance Feedback System OVERVIEW Program Objective Performance Feedback Process First Sergeant’s Role Forms Program Objectives • Explain duty performance requirements and responsibilities, establish expectations, and set goals – Who sets duty Performance? • Provide periodic, constructive performance feedback to ANG enlisted members – How often? Performance Feedback Process • Supervisor’s responsibilities –Conduct initial performance feedback session • Explain shop standards • Define performance expectations • Determine training, personal, and career goals Performance Feedback Process • Supervisor’s responsibilities (cont) – Schedule annual performance feedback session for each assigned member • At least annually • May be more frequent if requested by rater or ratee • Scheduled by supervisor – ETS – Birth month – Other suggestions? Performance Feedback Process • Supervisor’s responsibilities (cont) – Conduct annual performance feedback session • Use AF form 931 or 932 (PFW) – Ratee completes form UTA prior • Rater and ratee then compare assessments and notes • Focus on strengths as well as areas for improvement • Refine goals together as needed Performance Feedback Process • Supervisor’s responsibilities (cont) –Conduct annual performance feedback session • Ratee and supervisor only get copies • Supervisor files PFW • Only most recent PFW on file First Sergeant’s Role • Speak to your Airmen about PFW’s requirements: – Newcomers briefing – Initial Interview – Great way to discuss shop standards • Train supervisors on the intent and process (AFI 36-2113) • Monitor compliance with the program for the commander Forms •AF Form 931 – AB - TSgt •AF Form 932 – MSgt - CMSgt AF Form 931 AF Form 931 SUMMARY Program Objective Performance Feedback Process First Sergeant’s Role Forms COGNITIVE SAMPLES OF BEHAVIOR: • Summarize attributes of selected phases of the enlisted force life cycle • Explain how personnel force management impacts unit and career survival • Predict the effect that enlisted force management techniques have on mission readiness Overview Objective Personnel Life Cycle Employing Force Management Assignments with ANG Responsibilities Unit and Career Survival MP 1: Objective • To sustain mission accomplishment by RECRUITING, RETAINING, and REPLACING human resources when appropriate MP 2: Personnel Life Cycle • Accession – The process of bringing people into the organization – Builds the workforce based on unit vacancies • Recruit to fill vacancies • Assign recruits to vacancies – Recruiters are the primary source MP 2: Personnel Life Cycle • Training / Education – Specialty Training – Professional Military Education – Professional Continuing Education – Ancillary Training – Civilian Education MP 2: Personnel Life Cycle • Utilization – Utilize members in their assigned specialty – Assign duties commensurate with their grade, expertise and capabilities – Communicate mutual expectations MP 2: Personnel Life Cycle • Sustainment – Establish and utilize recognition programs • Recognize hard work and commitment • Reward results when performance is above and beyond what is required – Mentor • Prepare members for greater levels of responsibility – Ensure upward mobility • Select right people for promotion MP 2: Personnel Life Cycle • Replacement – May occur as a result of voluntary or involuntary separations • Retirements • Selective Retention MP 2: Personnel Life Cycle 3. Utilization MP 3: Assignments • Military – – – – UMD – know it! ANGI 36-2101 – Assignment with ANG ANGI 36-101 – AGR Grade Ceilings Grade Percent CMSgt 100% SMSgt 110% MSgt 120% TSgt 125% SSgt No restriction MP 3: Assignments • Technician – Voluntary Retirement • FERS – AGE 55 with 30 years of service • CSRS – AGE 50 with 20 years of service – Involuntary Retirement/Retention – Selective non selective on guardsmen is based on the military side • TPR 715 states : Federal law requires civilian personnel employed pursuant to 32 U.S.C. 709 (a) to maintain membership in the National Guard as a condition of continued employment and requires prompt termination from the current position upon loss of membership in the Army or Air National Guard. 5 • JFHQ send 30 Days notification to member discharge – Reduction in - 5% per year for each under age 62 in retirement (note – for involuntary separation, there is no reduction of 5%) MP 3: Assignments • Military Grade Inversion – The military structure is preeminent over the full-time structure and military grade inversion within the full-time work force is not permitted MP 3: Assignments ANGI 36-101 Table 13.1 Manpower Change Request AGR Grade Comparability Table GS/GM WS WL WG Highest Possible AGR Grade Allowed 14,15 Officers up to Colonel 11, 12, 13 Officers up to Lt Col 9,10,11,12 7-16 11-13 14 Enlisted up to CMSgt 8 4-6 10 12 Enlisted up to SMSgt Up to 7 1-3 Up to 9 Up to 12 Enlisted up to MSgt MP 3: Assignments • First Sergeants – AFI 36-2113 – Return to old UMD with 2 years over-grade allowed • Where next? – Position within your previous AFSC in same grade – Over grade with 2 years – HRA position within wing Exercise – Part 1 • Based on the info provided, make a decision whether to retain or non-retain: Name Chief Jones MSgt Smith Member Info UMD Slot 26 yrs TIS, 7 yrs in position, 9-level E-9 (9-level) 22 yrs TIS, 9 yrs in position, 7-level E-8 (7-level) MSgt Brady TSgt Thompson TSgt Lynn 18 yrs TIS, 4 yrs in position, 7-level E-7 (7-level) 16 yrs TIS, 7 yrs in position, 7-level E-6 (7-level) 20 yrs TIS, 4 yrs in position, 7-level E-6 (7-level) SSgt Hall SrA Black 6 yrs TIS, 3 yrs in position E-5 (5-level) 7 yrs TIS, 7 yrs in position E-5 (5-level) SrA Ball 4 yrs TIS, 4 yrs in position E-5 (5-level) MP 4: Employing Force Management • Reasons – Maintain a strong force – Mandated downsizing / reorganizations • Results – Change in life style, skills and jobs – Mission Readiness (Ready force) • Communication – Eliminates guessing and the spread of rumors MP 5: Responsibilities • Commanders are ultimately responsible for employing personnel force management with the assistance of first sergeants and supervisors MP 6: Unit & Career Survival • Applying the principles of personnel force management allows the unit to operate and meet mission requirements while experiencing change Summary Objective Personnel Life Cycle Employing Force Management Responsibilities Unit and Career Survival OVERVIEW Objective and Recommendations Common Decorations Considerations for Decorations Awards Program Presentation MP 1: OBJECTIVE OF AND RECOMMENDATIONS FOR RECOGNITION Recognize personnel to foster morale, incentive, and esprit de corps Who deserves recognition Not for a token effort Service-Honorable MP 1: OBJECTIVE OF AND RECOMMENDATIONS FOR RECOGNITION “Diamond” Check Decorations Level of Responsibility Manner of Performance Other Recognition Whole Person Concept Performance clearly above peers MP 2: DECORATIONS Decorations are awarded for: Outstanding achievement Heroism or acts of courage Meritorious service When: PCS/PCA/Retirement Extended Tour MP 2: COMMON DECORATIONS Meritorious Service Medal Air Force Commendation Medal Air Force Achievement Medal Air Force Good Conduct Medal Air Reserve Forces Meritorious Service Medal Armed Forces Reserve Medal MP 3: Considerations Denial Supervisor & CC (Décor 6) Good Conduct Medal (Memorandum) Disapprove or Downgrade Approval Authority Refusal Member elects not to wear Revocation Approval Authority MP 4: AWARDS PROGRAMS 1st Sgt Involvement 12 Outstanding Airman of the Year Quarterly Annual Functional Other Awards Example: Military Outstanding Volunteer Service Award Informal Unit-level Recognition MP 5: PRESENTATION OF AWARDS/DECS Special Awards/Trophies/Gifts-Where can you get them? O&M Funds SM&W Funds Solicitation Legalities Ceremony Make it a big deal!! Summary Objective and Recommendations Common Recognition Considerations Awards Program Presentation COGNITIVE SAMPLES OF BEHAVIOR: • Summarize responsibilities for effective utilization of referral agencies. • Explain the services provided by on and off base referral agencies. • Illustrate the value of using referral agencies Overview • • • • • Benefits of Referral Agencies First Sergeant Responsibilities Referral Agencies Responsibilities On and Off Base Referral Agencies Impact on Member and ANG MP 1: Benefits of Referral Agencies • Assist First Sergeant with Problem Resolution • Provide the Right Resources to Resolve Problems • Educate Members in Problem Solving Techniques MP 2: First Sergeant Responsibilities • Counsel – Identify That There is a Problem – Know Own Limitations • Refer – Beyond Your Expertise – Your Efforts Have Failed • Document – Why? What? How? MP 3: Referral Agency Responsibilities • Counsel • Confidentiality • Provides an Environment Free of Workcenter Distractions • No Reprisal MP 4: Base Referral Agencies • Military Equal Opportunity Program (MEO Office) – Improve mission effectiveness by promoting an environment free from personal, social, or institutional barriers that prevent Air Force members from rising to the highest level of responsibility possible based on their individual merit, fitness, and capability – Encourages use of chain-of-command – Deals with unlawful discrimination & sexual harassment • Define - Quid pro quo & hostile environment – Commanders must establish ZERO TOLERANCE – Commanders must investigate informal complaints and report demographics to the MEO Office MP 4: Base Referral Agencies • Chaplain – – – – – Assists members with matters of the heart & spirit Partner in suicide prevention & intervention Provides marriage counseling Counseling for those who are suffering illness Many other benefits … confessional mentality • IG Office – Outside the chain-of-command – Encourages use of the chain-of-command – Deals in Fraud, Waste, & Abuse • Not otherwise specified as an MEO complaint MP 4: Base Referral Agencies • Let’s name some other Base Referral Agencies … MP 4: Base Referral Agencies • Let’s name some other Base Referral Agencies … – – – – Family Readiness Group (FRG) Medical Group Legal Office (JAG) Finance • Which Others can you name? MP 4: Off-Base Referral Agencies • Employer Support of the Guard and Reserve (ESGR) • Military One Source • United Way • Local Police Department • Social Services • Civilian Legal Services • Battered Women / Men Homes • Local Churches MP 5: Impact on Member • • • • • • Receive Help for their problem Free of Distracter Mission Readiness Improved Morale Motivation Better Citizens and Members of ANG MP 5: Impact on Member • Helps to Alleviate Distracters • Promotes Unit Morale • Enhances Unit Readiness and Mission Effectiveness Summary Benefits of Referral Agencies First Sergeant Responsibilities Referral Agencies Responsibilities On and Off Base Referral Agencies Impact on Member and ANG COGNITIVE SAMPLES OF BEHAVIOR: • Explain the purpose of the selective retention program. • Summarize the selective retention responsibility levels. • Explain the purpose of the selective retention board. Overview Policy Responsibilities Consideration Criteria Board Preparation Board Appointment / Composition Board Process Post Board Action Impact MP 1: Policy • Purpose – To avoid loss of combat readiness from a maturing force • Applies to all Members who are Retirement Eligible – Exception: General Officers MP 2: Responsibilities • National Guard Bureau – Develop Policies • Air National Guard Readiness Center – Monitors program and provides procedural guidance • Adjutants General (TAG) – Implement policies – Establish an effective state personnel force management program MP 2: Responsibilities • Military Personnel Flight (MPF) – Function as Wing OPR for program • Squadron Commander – Receive roster from MPF – Review roster – Comply with instructions and return to MPF – Give strong consideration to personnel force management MP 3: Consideration Criteria • Retirement Eligible On or Before 1 January of the Year the Board Convenes • Are Not Otherwise Scheduled to be Separated between 1 Jan - 31 Dec – Maximum age – Medical disqualification – Retirement – Denied Reenlistment MP 4: Board Preparation • State Headquarters – Furnish list to MPF and squadron commanders NLT 20 February – Determine board dates (May or June) • Commanders – Brief members of selective retention recommendation NLT 31 March – Have members initial next to name on list and commander signs the bottom of list – Ensure NGB FM 27’s are accomplished on members to be recommended for non-retention MP 5: Board Appointment / Composition • Appointed by Special Order – – – – – Members appointed NLT 20 April Three to five members President of board is senior in rank to board members Voting members senior in rank to individuals being considered Separate officers and enlisted boards MP 6: Board Process • Oath or Affirmation is Administered • Board Reviews: – NGB FM 27 (as required) – Records review RIP – Individual letter • Board Makes Recommendation to TAG – NLT 15 July MP 7: Post Board Action • TAG Reviews Recommendations – Approves / Disapproves • Informs member in writing NLT 15 Aug • Non-retained members may submit for reconsideration – Submit NLT 15 September – Must reach TAG by 30 September – No appeal beyond the TAG • TAG decision on reconsideration is final – Member informed of final decision NLT 31 October MP 8: Impact To ensure a quality force, stable promotions, and maintain a viable force for mobilization 31 Dec 31 Oct 30 Sep 15 Sep 15 Aug 15 Jul 20 Apr 31 Mar 20 Feb Timeline Summary Policy Responsibilities Consideration Criteria Board Preparation Board Appointment / Composition Board Process Post Board Action Impact Exercise – Part 1 • Remember this slide from the other day? Name Chief Jones MSgt Smith Member Info UMD Slot 26 yrs TIS, 7 yrs in position, 9-level E-9 (9-level) 22 yrs TIS, 9 yrs in position, 7-level E-8 (7-level) MSgt Brady TSgt Thompson TSgt Lynn 18 yrs TIS, 4 yrs in position, 7-level E-7 (7-level) 16 yrs TIS, 7 yrs in position, 7-level E-6 (7-level) 20 yrs TIS, 4 yrs in position, 7-level E-6 (7-level) SSgt Hall SrA Black 6 yrs TIS, 3 yrs in position E-5 (5-level) 7 yrs TIS, 7 yrs in position E-5 (5-level) SrA Ball 4 yrs TIS, 4 yrs in position E-5 (5-level) Now who would you retain or non-retain? Name Member Info Slot E-9 Chief Jones 26 yrs TIS, 7 yrs in position, 9-level, SNCOA complete, wants to stay in ANG, completes additional duties, good leader, good appearance, DSG MSgt Smith 22 yrs TIS, 9 yrs in position, 7-level, SNCOA failed – re-take, expects to make Chief and retire at 55, normally completes additional duties, decent leader, Technician 48 yrs old E-8 MSgt Brady 18 yrs TIS, 4 yrs in position, 7-level, SNCOA complete, good leader, completes additional duties, wants to retire at 20 yrs, Irritated about upward mobility. Has been told MSgt Smith has more TIG/TIS so wait. DSG E-7 TSgt Thompson 16 yrs TIS, 7 yrs in position, 7-level, NCOA complete, average leader, completes most additional duties, wants to stay in the ANG, DSG E-6 TSgt Lynn 20 yrs TIS, 4 yrs in position, 7-level, NCOA not complete, average leader, Unit Career Advisor …provides no career counseling & behind schedule on documentation, wants to stay in the ANG, DSG E-6 SSgt Hall 6 yrs TIS, 3 yrs in position, 5-level, NCOA not complete, good leader, has one year left on an extension, planning to get out, DSG E-5 SrA Black 7 yrs TIS, 7 yrs in position, ALS not completed, staying in because he is full-time technician, starting to have a weight problem. Runs the bar at the base refreshment center. E-5 SrA Ball 4 yrs TIS, 4 yrs in position, ALS not completed, wants to stay in ANG until his degree is completed, looks up to SrA Black as the cool technician! E-5 COGNITIVE SAMPLES OF BEHAVIOR: • 1. Describe levels of responsibilities as they pertain to unsatisfactory participation. • 2. Explain the processing procedures for an unsatisfactory participant. • 3. State the impact that unsatisfactory participation has on unit readiness. Overview Program Objective Terms Key Individual Responsibilities Administrative Procedures Administrative Actions Impact on Readiness Impact on Member MP 1: Program Objective • Encourage Full Participation • Resolve Unsatisfactory Participation Problems • Ensure Mission Readiness MP 2: Terms • Unsatisfactory Participant – Member whose absence is considered unexcused by squadron commander • Unsatisfactory Participation – Defined as having 6 or more unexcused absences from scheduled unit training assembly (UTA) periods MP 2: Terms • Unexcused Absence – Member fails to report for the UTA without prior approval – Member is late for the UTA or leaves early without prior approval – Member fails to comply with all provisions of AFI 36-2903 MP 3: Key Individual Responsibilities • Commander – Brief policies regarding unsat participation – Ensure members understand their obligation for satisfactory participation – Take immediate action to resolve unsat participation problems • Fair and consistent MP 3: Key Individual Responsibilities • First Sergeant – Ensure members understand commander’s policy – Review attendance roster for accountability – Coordinate with supervisors regarding member’s absenteeism – Notify commander of all unexcused absences • Ensure unsat participation letter is sent to member MP 3: Key Individual Responsibilities • Supervisor – Attempt to contact unexcused member – Inform first sergeant when attempts to contact member are unsuccessful – Counsel member when necessary • Member – Plan to attend all required UTA’s – Notify supervisor in advance when circumstances prevent participation – Make-up missed UTA’s MP 4: Administrative Procedures • Notify Member in Writing After Each Missed UTA – Certified memorandum • Identify number of unexcused absences • Explain consequences, i.e., demotion/discharge actions and cite references • Explain acceptable corrective measures MP 5: Administrative Actions • Demotion – Commander can initiate action after 6 unexcused absences • Discharge – Commander can initiate action after 9 unexcused absences • Consider characterization of discharge MP 6: Impact on Readiness • Flawed Conclusion Regarding Readiness – War-time planning – Training • Morale – Sends a negative message to satisfactory participants – Benefits / Entitlements MP 7: Impact on Member • Career Effects – Loss of time, pay and points • Benefits / Entitlements • Demotions • Separations Summary Program Objective Terms Key Individual Responsibilities Administrative Procedures Administrative Actions Impact on Readiness Impact on Member 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 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 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 MP 9: Mediation process Opening statement by mediator Opening statements by parties Joint discussion Conducting the session--note non-verbal behaviors MP 10: Mediation closure Two types of Closure: • Agreement • Non-Agreement Regardless of the outcome—follow-up!! 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 The Air Force Professional STANDARDS STANDARDS Mentoring Core Values Participation Networking Faith in the system Rule Following Honesty Humility Recognition Visibility Discipline & Self Control Accountability Awards AFI 39-2618 Verbal LOA Personal, community & Operations Excellence AOQ/AOY Administrative Measures Administrative Action Deny Reenlistments Verbal Counseling Deny Promotion Deny TDY/Deployment LOC/LOA/LOR Article 15 Action Court Action Demotion COGNITIVE SAMPLES OF BEHAVIOR: • Explain the purposes/uses of administrative reprimands. • Summarize the first sergeant responsibilities in the administrative actions process. • Summarize administrative action process. • Predict the effect of corrective actions on unit personnel. Overview Definition / Purpose Authority Format Disposition MP 1: Definition/Purpose • Definition: An adverse administrative action used as a management tool that is more severe than a counseling or admonishment. • Purpose: To Correct Substandard Behavior MP 2: Authority • Inherent Responsibility – Commanders, supervisors, other persons in authority…. …First Sergeants! The Continuum of Discipline Courts Martial •Counseling – Informs the member of perceived improper behavior; open communication Article Fifteen •Admonition – Official displeasure or censure; cautionary advice Written Reprimand Verbal Reprimand •Reprimand – Written rebuke; strong message of official censure Written Admonition Verbal Admonition Written Counseling Verbal Counseling Preventive For repeat offenses, increase the discipline, increase the rank or position of the giver, or both. Corrective Use the least amount of discipline needed to correct the behavior Punitive MP 3: Format • Offense • Improvement expected – What may result if no improvement • Privacy Act statement • Member’s acknowledgment and notice to submit a response • Disposition of letter after consideration of the response MP 4: Disposition • No Mandated Timeframe – Up to person administering the reprimand – Considerations: • The offense committed • The person who is being reprimanded – Where are they filed? Summary Definition / Purpose Authority Format Disposition COGNITIVE SAMPLES OF BEHAVIOR: • Explain the purposes/uses of administrative demotions. • Describe the first sergeant's responsibilities in the administrative demotion • Describe the administrative demotion process. • Predict the effect of administrative demotions on unit personnel. Overview Demotion Policy Demotion Authority Reasons for Demotion Demotion Process MP 1: Demotion Policy • Administrative not Punitive – Administrative can be used to correct behavior – Punitive demotion is to punish the member • Must Not be Used in Lieu of Disciplinary Actions Punishable Under the Appropriate SCMJ/UCMJ • Applies to Grades E-2 through E-9 • Used as a Corrective Tool MP 1: Demotion Policy • Basis for Demotion – Must Occur During Members Current Enlistment / Extension • Demotion Action – Must Be Completed During Enlistment / Extension – Demotion action must reflect member’s appropriate grade MP 2: Demotion Authority • The State Adjutant General (TAG) Exercises Demotion Authority – May delegate demotion authority to wing / group commanders for TSgt & below – Squadron commanders recommend demotion action MP 2: Demotion Authority • Authority Must be Convinced – Must have sufficient reason – Demotion authority may consider everything in member’s file – Does not have to determine what may be admissible in court • WHY NOT? MP 3: Reasons For Demotion • Failure to Fulfill NCO Responsibilities • Unsatisfactory Participation • Failure to meet fitness standards MP 3: Reasons for Demotion • Failure to Complete Training • Failure to Attain and Maintain Grade/Skill Relationship • Voluntary Change of Assignment • AGR Priority Placement Program Position Declination • Expiration of ANGI 36-2101, Assignments Within the ANG-Overgrade Status MP 4: Demotion Process • Immediate Commander – Consult with servicing Staff Judge Advocate – Inform member in writing in person or by certified mail • • • • • State specific reasons Provide facts Inform member of right to legal counsel Provide concurrence instructions Provide acknowledgement of receipt instructions MP 4: Demotion Process • Member – Acknowledge receipt within specified time – Consult with counsel before electing to concur or nonconcur with recommendation – Submit documentation on his / her behalf within specified time – May request personal interview with immediate commander MP 4: Demotion Process • After Assessment of Member’s Response the Immediate Commander Could: – Terminate Action – Forward to MPF • MPF Reviews Package then Forwards Package to the Demotion Authority MP 4: Demotion Process • Demotion Authority – Legal review – Render decision – Return to MPF • MPF – Notifies the immediate commander of decision – Sends squadron/member a copy of demotion order Summary Demotion Policy Demotion Authority Reasons for Demotion Demotion Process COGNITIVE SAMPLES OF BEHAVIOR: • Explain the purposes/uses of administrative separations. • Describe the first sergeant's responsibilities in the administrative separation process. • Summarize the administrative separation process. • Predict the effect of administrative separations on unit personnel. Overview Separation Policy Separation Authority Characterization of Service Voluntary Separation Involuntary Separation Administrative Discharge Board MP 1: Separation Policy • Separation procedures promote readiness and strengthen our standard of military service by separating members who fail to meet our standards of performance, conduct and / or discipline. – Separates airmen in a orderly fashion – Helps achieve authorized force levels MP 2: Separation Authority • The State Adjutant General (TAG) • Wing Commander – If delegated • Squadron Commander – Approval/Disapproval – Recommends • Wing OPR – MPF MP 3: Characterization of Service • Considerations for Characterization of Service: – – – – Quality of service Conduct Pattern of behavior Age, length of service, grade, physical and mental condition and standards of acceptable conduct and performance of duty. • Honorable • Under Honorable Conditions (General) • Under Other Than Honorable Conditions (UOTHC) – may require SecAF approval • Reenlistment Eligibility MP 4: Voluntary Separation • Voluntary separation provides opportunities for enlisted members to leave the military at their own request. – Commander • Reviews all requests • Approves / Disapproves • Recommends MP 4: Voluntary Separation • • • • • • • • Expiration of Term of Service (ETS) Incompatible Status Immediate Reenlistment Conditional Release Retirement Resignation Dependency or Hardship Pregnancy or Childbirth MP 5: Involuntary Separation • Preprocessing Considerations – Chance to overcome deficiencies? • Were corrective actions taken and documented? – More appropriate action? – Board entitled? – Separation due to misconduct? MP 5: Involuntary Separation • For the Convenience of the Government – Selective Retention – Unsatisfactory Participation – Parenthood – Conditions That Interfere with Military Service – Failure to Reply to Official Correspondence – Failure to Comply with Requirements for a Medical Examination MP 5: Involuntary Separation • Physical Disqualification • Medical issues • Substandard (Unsatisfactory) Performance – Duty performance – Dress and personal appearance – Unsanitary habits – Personal finances – Fitness • Misconduct MP 6: Administrative Discharge Board • Board Eligible – Characterization is UOTHC – 6 or more years of satisfactory service for retirement – Homosexual conduct (regardless of characterization) • Notification Process – Letter of Notification (LON) required • LON will include whether member is entitled to a board • Follow guidance in AFI 36-3209 – Members may waive board MP 6: Administrative Discharge Board • Purpose: – Fact finding • Function: – Administrative • Duties – Develop / review information – Reach findings and make recommendations • Appointing Authority is TAG Summary Separation Policy Separation Authority Characterization of Service Voluntary Separation Involuntary Separations Administrative Discharge Board Overview Unfreezing Change Process Refreezing MP 1: Unfreezing • Unfreezing refers to creating a felt need for change … It involves preparing the situation • Example: – PT Fitness – AFI 36-2905 prepared Jan 2010 • Implemented 1 July 2010 MP 1: Unfreezing • Forms of Resistance – Uncertainty • Ex. Who’s going to get discharge? – Self-Interests – Different Perceptions, No felt need for change • Ex. Why do we have to change? MP 1: Unfreezing • Reducing Resistance – Education & Communication – Participation & Involvement – Facilitation & Support – Incentives – Coercion • Evaluation Standards MP 2: Changing • Anything that alters the status quo • Movement from the old state, or the previous norms, to the new state MP 3: Refreezing • Locking in Expected Outcomes – Positive Re-enforcement – Evaluate and Monitor – Make Constructive Modifications as Necessary Communication Assignments • Communicate a plan for implementing a change in your organization • Review handout for specific instructions • Paper and briefing are the same topic Summary Unfreezing Change Process Refreezing COGNITIVE SAMPLES OF BEHAVIOR: • Compare types of Active Duty for Training (ADT). • Explain the process for scheduling individuals for active duty for training. • Predict the benefits and entitlements received as a result of accomplishing active duty for training. • Summarize Inactive Duty for Training. • Explain the process for scheduling individuals for Inactive Duty for Training. • Explain the responsibilities in processing individuals for Inactive Duty for Training pay. Overview Objective of Training Active Duty Training (ADT) Inactive Duty Training (IDT) Authorization & Pay Key Responsibilities Impact on the Mission MP 1: Objective of Training • The objective is to fully qualify members in the authorized grade and position to which they are assigned and ensure all units are trained to the highest state of combat readiness MP 2: Active Duty Training • The purpose of ADT is to provide structured individual or unit training and education – – – – – Annual Training (AT) Special Training (ST) Formal School Training (FST) Initial Active Duty for Training (IADT) Military Personnel Appropriations (MPA days) • All of the above, to include AEF days, may satisfy a member’s 15-day annual training requirement Note: It is important to remember that our personnel are required to participate in unit fitness activities when they are performing AT MP 3: Inactive Duty Training • The purpose of IDT is to maintain combat readiness – Ancillary Training – Upgrade Training – Readiness Requirements (PHAs, shots, 357s) • UTA options – Split (SUTA) & Rescheduled (RUTA) – Equivalent Training (EQT) MP 4: Authorization & Pay • Authorization of pay, entitlement to retirement points, and any claim or benefit that may arise as a result of military service requires documented evidence that the member was in a duty status MP 4: Authorization & Pay • Annual Training – Planned for and scheduled – Authorized by a written order • Unit Training Assembly – – – – Scheduled by Order of the TAG Publish the Order Distribute Order Post Order • Orders provide authorization for duty MP 4: Authorization & Pay • Certification provides for payment – (ADT) Certification block on written order • Performed at completion of training • Certification dates agree with dates on order – (IDT) Accounting for UTA attendance • NGB Form 633, Attendance Roster • NGB Form 105, Authorization for Individual IDT • AF Form 40, Authorization for IDT MP 4: Authorization & Pay • Payment comes by direct deposit – Active Duty Training pay (three types) • Short-tour (about 15 days after completion) • Long-tour (incrementally during tour) • Pre-certified (on the date of completion) – Inactive Duty Training pay • UTA (about 15 days after UTA) • PT/TPPA (about 15 days after the 105s are turned in) • Documentation is key • Airmen + Pay = Happy Airmen J MP 5: Key Responsibilities • Commanders – Active Duty Training • Issue written authorization – published order • Ensure ADT is appropriately and judiciously assigned to meet mission requirements – Inactive Duty Training • Communicate UTA Schedule • Establish attendance & participation policy • Establish UTA excusal policy – May delegate the authority to certify pay requests – Delegation letter required MP 5: Key Responsibilities • First Sergeant – Act on behalf of the Commander – Educate attendance policies – Monitor Inactive Duty Training Participation • Communicate UTA Schedule • Sign Attendance Rosters – Ensure Pay documents are completed and submitted on time – Documentation is critical toward benefits and or discharges MP 5: Key Responsibilities • Supervisors – – – – Enforce Policies Plan and assign ADT to fill requirements Assist and Certify orders for pay Account for IDT attendance • Members – Comply with Policies – Perform duty as ordered (ADT & IDT) – Ensure pay documents are completed & submitted MP 5: Key Responsibilities • Military Pay - FINANCE – – – – – Advise first sergeants on pay issues Check all pay requests for accuracy Correct problems with pay requests Process requests for pay Work with members, supervisors, and first sergeants to resolve pay problems when needed MP 6: Impact on the Mission • Training is planned and productive – Members know when to report – Trainers are prepared to train specific tasks – Training Managers can schedule ancillary training to keep unit MISSION READY • Removes Distractions – Members focus on training - Qualified – Leadership can focus on planning – Leadership Skills • Members get pay $$ and points – Happy members are easier to retain • Unit is MISSION READY Summary • • • • • • Objective of Training Active Duty Training (ADT) Inactive Duty Training (IDT) Authorization & Pay Key Responsibilities Impact on the Mission OVERVIEW • Pre-deployment • Employment • Re-deployment Pre-deployment • Responsibilities –Installation Deployment Officer –Unit Commanders –Unit Deployment Managers –Supervisors –Individuals Pre-deployment • FIRST SERGEANT ROLE – Exercise general supervision over all enlisted – Monitor Commander’s Support Staff – Screen personnel selected to deploy for quality force or special discriminators – Monitor no-shows for training, immunizations, medical/dental – ALL PREVIOUS LESSONS! Employment • Reception – Emphasis on Care, Feeding, & Accountability – Handle Logistics issues ( Transportation, Lodging) – Troop brief (Unit Intro & Emergency Actions) • Beddown – Fulfill Lodging Requirements Considering … • • • • • Accountability & Leadership Availability to rest rooms, dining hall, work centers Male / Female Issues Crew Rest Issues Team Integrity Employment • Sustainment – Communicate with the troops – build rapport – Manning various details – Checking Support Services –build rapport – Properly Handling Personal Emergencies – Casualty reporting – Preventative Health & Field Hygiene – Personnel Actions Re-deployment • Out-processing – Checklists – Reports (LOEs, After Action, Awards) – Transportation & Troop Briefs • Turn-over – Continuity Book or Improvement Plan – Considerations (time, replacement, personnel needs) • Trip Reporting – Requirement – Distribution (through CCM to Functional Manager) Re-deployment • Trip Report Composition – – – – – – Purpose Traveler(s) Itinerary Discussion Conclusions Recommendations Summary • Pre-deployment • Employment • Re-deployment Closing Remark “You are the squadron’s readiness advocate. I challenge each of you to create an atmosphere in your unit where teamwork and professionalism is the norm, and readiness is the goal.” -F. Whitten Peters Secretary of the Air Force 1998 Worldwide First Sergeant’ s Conference 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 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 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 USAF FIRST SERGEANT ACADEMY Sustaining the Combat Capability of America’s Air Force Line of Duty Determinations Integrity - Service - Excellence Bellerose COGNITIVE SAMPLES OF BEHAVIOR: • Explain the scope of authority delegated. • Distinguish the types of duties first sergeants perform to meet their responsibilities. • Explain the first sergeant’s role in the unit. LINE OF DUTY DETERMINATION Overview: Reference Definition and Purpose Who it apply to When determinations are made Possible LOD determinations Line of Duty determinations REFERENCES Reference: AFI 36-2910 Line of Duty (LOD) Determination DEFINITION AND PURPOSE What Is An LOD Determination? Federal Law requires determination as to whether or not certain injuries or diseases are suffered by military members while in the line of duty (LOD) or as a result of misconduct on the part of the member. DEFINITION AND PURPOSE Purpose: Protects the government against fraudulent injury claims Protects the rights of Air Force Airmen who are injured while in the line of duty. WHO IT APPLIES TO Active Duty members Air Reserve components to include ANG Members who die, incur or aggravate an illness, injury or disease while: On Published orders for ANY PERIOD of time or while on Inactive Duty Training (IDT) – UTA, SUTA, BUTA, or PT Traveling to or from the place the member performs Active Duty Training or Inactive Duty Training (reasonable time 2 hrs) WHEN DETERMINATIONS ARE REQUIRED The death of a member (Admin Determination not Sufficient) Inability to perform military duties exceeds 24 hours The likelihood of a permanent disability Medical treatment of a member (regardless of the military member’s ability to perform military duties) The likelihood of an ANG member applying for incapacitation pay 6 SITUATIONS APPLY TO ANG – 1. When there is a likelihood an ANG member may apply for incapacitation pay. – 2. When the case involves service aggravated EPTS medical conditions. – 3. When the medical condition involves a disease process such as coronary artery disease, cancer, diabetes mellitus, 6 SITUATIONS APPLY TO ANG – 4. All cardiac conditions, including heart attacks, rhythm disturbances, etc. – 5. When the member has been hospitalized. – 6. When the member requires continuing medical treatment or treatment in a civilian hospital Possible LOD Determinations 1. In Line of Duty 2. Existed Prior to Service (EPTS) 3. Not in Line of Duty -- Not Due to Misconduct 4. Not in Line of Duty -- Due to Misconduct Types of Determinations 1. 2. 3. 4. Administrative Determinations Informal Determinations Formal Determinations Interim LOD for Reserve Members Types of Determinations 1. Administrative Determinations Made by Medical Officer Includes: –Existed Prior to Service –Diseases Types of Determinations 2. Informal Determinations Required when an administrative cannot be made Appears member was in line of duty and not due to misconduct. Used when there is no question or further investigation may not be necessary. Example: Injury resulting from falling on a wet floor while on duty and no misconduct. Types of Determinations 3. Formal Determinations Used when neither administrative or informal determination cannot be used. Requires additional investigation to make the final determination. Example: Mechanic falling from an aircraft, after becoming intoxicated during lunch. Responsibilities Air Force Medical Facility LOD Process initiated by a medical officer’s review Administrative Determination can be made Immediate Commander Unit commander or senior commander present Investigate the circumstance of the case Fill out items 13-17 on the back of AF Form 348 Request an interim LOD if required Send the AF Form 348 to the Appointing Authority, through the SJA. Appointing Authority The senior Commander present (May be the immediate Commander) Responsible for reviewing the AF Form 348 and taking the following actions: Coordinate through SJA and ensure Formal Determinations are made when required Assign a Investigating Officer in formal determinations. Concur with the immediate commander if appropriate. MPF Special Actions Section Acts on behalf of the appointing authority Sets up suspense’s and monitors progress Responsibilities Staff Judge Advocate Reviews the commander’s recommendation for legal sufficiency's and conduct Coordinates to ensure a formal investigation is completed when appropriate Concur/ not concur with the recommendation Investigating Officer Conducts the investigation IAW 36-2910, attachment 3 Reviewing Authority Senior commander present (Can be the appointing authority) Can return file for further investigation is warranted If no further actions required, forwards case to the approving authority Approving Authority TAG Can return file for further investigation is warranted LOD Determination Package LOD Determination Packages: Medical documentation to support the claim Ensure AF Form 348 is legible and completed properly (including signatures) Documentation establishing the members status at the time of the claim A unit legal review is helpful, but not required AF Form 422, when available Submit in original and 4 copies LINE OF DUTY DETERMINATION Application Scenarios: Make a Line of Duty determination for each situation Justify your decision LINE OF DUTY DETERMINATION Scenario 1: MSgt Cavalier slipped while coming down the stairs outside the office. It had been raining and water had collected on the landing between the flights of stairs. He twisted his knee and will probably require surgery. Is a LOD required? Why or Why Not? LINE OF DUTY DETERMINATION Scenario 2: CMSgt Granato went to a pizza restaurant for lunch with another NCO. TSgt Anderson had three glasses of beer with the pizza. Thirty minutes after reporting back to work, TSgt Anderson fell from scaffolding while working on an aircraft engine. He sustained significant trauma to his back and missed two days of work. Is a LOD required? Why or Why Not? LINE OF DUTY DETERMINATION Scenario 3: SrA Gatt was returning from a party Saturday night when she lost control of her car and hit a tree. She suffered a concussion and two broken ribs. Her blood-alcohol level was slightly above the threshold of legal intoxication. SrA Tucker was hospitalized for three days and returned to limited military duty on Wednesday. Is a LOD required? Why or Why Not? LINE OF DUTY DETERMINATION Scenario 4: MSgt Kerr was enroute home from a UTA weekend. He left the unit immediately after the final training period. Ten minutes after leaving, his automobile was struck by another car that had run a stop sign. MSgt Daniels suffered a broken leg and facial lacerations. He was hospitalized overnight, and under the direction of his civilian physician, missed two days at his Is a LOD required? Why or Why Not? civilian job. LINE OF DUTY DETERMINATION LOD require Prompt and Accurate Action! Failure to process an LOD or misconduct can prompt a formal investigation Can delay processing of disability retirement or separation causing hardship IT IS YOUR DUTY FIRST SERGEANT TO TAKE CARE OF YOUR AIRMEN AND OUR UNITED STATES AIR FORCE What do you think now? LOD yes or no??? Summary Summary Reference Definition and Purpose Who it apply to When determinations are made Possible LOD determinations Line of Duty determinations Sustaining the Combat Capability of America’s Air Force Integrity - Service - Excellence