Notes on AFH-1, 1 Nov 21, Chapter 19, Enforcing Military Standards
2 February 2024. A new version of the Study Guide for Testing to Staff Sergeant was posted on the WAPS website. The new study guide is based on the 1 Nov 2021 version of the Air Force Handbook again and the content of the new study guide wasn't changed. However, the ADTC for the new 2024 E-5 study guide changed five sections (4B, 8B, 13C, 14D, and 14F) from testable to not testable and one section, 18A, was changed from not testable to testable. Chapter 19 was not affected by these changes.
The testable sections (19B, 19C, and 19D) in the new 24E5 study guide were compared to the 23E5 study guide and there are no changes. No updates to this chapter are necessary.
A new version of the Study Guide for promotion to E-6 was posted on the official website on 2 October 2023. The new study guide is based on the 1 Nov 2021 version of the Air Force Handbook so the content of the study guide hasn't changed. However, the ADTC for the new study guide changed four sections (4E, 13B, 14A, 14D) from being required for study to not being testable. And one section (19A), previously marked as not testable is now testable.
The content of the 24E6 Study Guide chapter 19 was compared to the 23E6 Study Guide Chapter 19 and the only change is the addition of Section A.
On 5 October, the Chapter 19 page was updated to reflect this change and add Section 19A. In addition, the Practice Tests for promotion to E6 were modified to include the new content. During this process, several formatting errors were discovered in the new section:
Paragraph 19.1. Commander’s Inspection Program (CCIP): the title of this paragraph should be "Air Force Inspection System" (and not Commander’s Inspection Program) because that's what the paragraph is about and Commander’s Inspection Program is covered in paragraph 19.6.
Paragraph 19.2. The Inspector General and Mission: the "Mission." text isn't given a new line but is wrapped into the text of the paragraph.
Paragraph 19.3. Inspector General Role: the footer information from the Air Force Handbook (1 NOVEMBER 2021 AFH 1 403) was copied and inserted into the text of the paragraph.
Paragraph 19.8. Reporting Inspection Findings: the "19.8. Reporting Inspection Findings" text isn't given a new line but is wrapped into the text of the 19.7. paragraph.
21 November 2022. The Air Force posted a new version of the E-6 study guide, dated 1 Nov 2022, on their official website. It replaces the E-6 study guide dated 1 November 2021 for promotion test cycle 23E6 (15 Feb - 15 Apr 2023). A review of the new study guide revealed no major changes and it appears to only correct the minor differences between the 2021 E-5 and E-6 study guides that were previously identified below.
Differences between 2021 and 2022 E-6 Study Guides
Section 19B - Individual Accountability
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19.1. Enforcing Standards Enforcing military standards begins with individual accountability. There are some activities and behaviors that, while arguably not illegal, are nevertheless inconsistent with maintaining good order and discipline. Understanding the restrictions and our responsibilities for adhering to Air Force standards will help prevent the need to reinforce these standards. The Air Force Complaints Resolution Program. The Air Force Complaints Resolution Program is a leadership tool that indicates where command involvement is needed to correct systematic, programmatic, or procedural weaknesses. Resolving the underlying cause of a complaint may prevent more severe symptoms or costly consequences, such as reduced performance, accidents, poor quality work, or poor morale. The program also ensures the effective and efficient use of resources, resolves problems affecting the Air Force mission promptly and objectively, creates an atmosphere of trust in which issues can be objectively and fully resolved without retaliation or fear of reprisal, and assists commanders in instilling confidence in Air Force leadership. Even though allegations may not be substantiated, the evidence or investigation findings may reveal Submitting Complaints. Under the Air Force Complaints Resolution Program, a member has the right to present a complaint without fear of reprisal and codified in Department of Defense and Air Force guidance directives and instructions. Complaints may be submitted in person, by phone, through electronic means, or in writing to supervisors, first sergeants, commanders, members of any level of the IG system, someone higher in the chain of command, or members of Congress. While members should attempt to resolve complaints at the lowest possible level before addressing them to higher level command or the IG, member from making a lawful communication to an IG or member of Congress. In addition to having the right to present personal complaints, a member has the responsibility to report FWA, or gross mismanagement; a violation of law, policy, procedures, instructions, or regulations; an injustice; any abuse of authority; inappropriate conduct; or misconduct through appropriate supervisory channels or the IG. Note: Only the IG may investigate allegations of reprisal and restriction under the Military Whistleblower's Protection Act. Complaints Generally Handled Outside the Air Force Complaints Resolution Program. Matters normally addressed through other established grievance or appeal channels may be referred back to the appropriate grievance or appeal channel unless there is evidence these channels mishandled the matter or process. Complainants must provide some relevant evidence that the process was mishandled or handled prejudicially before an IG channel will process a complaint of mishandling. Dissatisfaction or disagreement with the outcome or findings of an alternative grievance or appeal process is not a sufficient basis to warrant an IG investigation. For additional information on procedures for filing an IG complaint and further details regarding the program, refer to AFI 90-301, Inspector General Complaints Resolution. |
19.9. Enforcing Standards Enforcing military standards begins with individual accountability. There are some activities and behaviors that, while arguably not illegal, are nevertheless inconsistent with maintaining good order and discipline. Understanding the restrictions and our responsibilities for adhering to USAF standards will help prevent the need to reinforce these standards. The Air Force Complaints Resolution Program. The Air Force Complaints Resolution Program is a leadership tool that indicates where command involvement is needed to correct systematic, programmatic, or procedural weaknesses. Resolving the underlying cause of a complaint may prevent more severe symptoms or costly consequences, such as reduced performance, accidents, poor quality work, or poor morale. The program also ensures the effective and efficient use of resources, resolves problems affecting the Air Force mission promptly and objectively, creates an atmosphere of trust in which issues can be objectively and fully resolved without retaliation or fear of reprisal, and assists commanders in instilling confidence in Air Force leadership. Even though allegations may not be substantiated, the evidence or investigation findings may reveal systematic, morale, or other problems impeding efficiency and mission effectiveness. Submitting Complaints. Under the Air Force Complaints Resolution Program, a member has the right to present a complaint without fear of reprisal and codified in Department of Defense and Air Force guidance directives and instructions. Complaints may be submitted in person, by phone, through electronic means, or in writing to supervisors, first sergeants, commanders, members of any level of the IG system, someone higher in the chain of command, or members of Congress. While members should attempt to resolve complaints at the lowest possible level before addressing them to higher level command or the IG, public law states that no person may restrict a military member from making a lawful communication to an IG or member of Congress. In addition to having the right to present personal complaints, a member has the responsibility to report FWA, or gross mismanagement; a violation of law, policy, procedures, instructions, or regulations; an injustice; any abuse of authority; inappropriate conduct; or misconduct through appropriate supervisory channels or the IG. Note: Only the IG may investigate allegations of reprisal and restriction under the Military Whistleblower's Protection Act. Complaints Addressed By Other Grievance or Appeal Channels. Matters normally addressed through other established grievance or appeal channels may be referred back to the appropriate grievance or appeal channel unless there is evidence these channels mishandled the matter or process. Complainants must provide some relevant evidence that the process was mishandled or handled prejudicially before an IG channel will process a complaint of mishandling. Dissatisfaction or disagreement with the outcome or findings of an alternative grievance or appeal process is not a sufficient basis to warrant an IG investigation. For additional information on procedures for filing an IG complaint and further details regarding the program, refer to AFI 90-301, Inspector General Complaints Resolution. |
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19.2. Commander's Authority and Responsibility While preserving an Airman's right of expression to the maximum extent possible, Air Force commanders have the inherent authority and responsibility to take action to ensure the mission is performed. This authority and responsibility includes placing lawful restriction on engaging in dissident and protest activities; writing, distributing, publishing, or posting any unauthorized material; frequenting establishments that have been designated as 'off limits'; participating in any activities of illegal discrimination or any activities that a commander finds to be detrimental to good order, discipline, or mission accomplishment; interfering with the Air Force mission or law and order; or presenting a clear danger to loyalty, discipline, or morale of members of the U.S. Armed Forces. |
19.10. Commander's Authority and Responsibility While preserving an Airman's right of expression to the maximum extent possible, Air Force commanders have the inherent authority and responsibility to take action to ensure the mission is performed. This authority and responsibility includes placing lawful restriction on engaging in dissident and protest activities; writing, distributing, publishing, or posting any unauthorized material; frequenting establishments that have been designated as 'off limits'; participating in any activities of illegal discrimination or any activities that a commander finds to be detrimental to good order, discipline, or mission accomplishment; interfering with the USAF mission or law and order; or presenting a clear danger to loyalty, discipline, or morale of members of the U.S. Armed Forces. |
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19.3. Public Statements According to AFI 1-1, Air Force Standards, the issuance of public statements on official Air Force matters is the responsibility of cognizant unit or installation commanders and their public affairs representatives. Ensuring that official statements are properly worded and approved, avoids statements that do not reflect official Air Force policy or that could be misleading to the public if taken out of context. To ensure Air Force official information is presented professionally, personnel should make certain it is accurate, prompt, and factual; is confined to their particular areas of expertise; avoids a hypothetical and speculative nature; accurately reflects Air Force policy; is presented simply and honestly; and complies with the spirit and letter of the Secretary of Defense's principles for public information. For additional information, refer to AFI 35-101, Public Affairs Operations. As representatives of the service in both official and unofficial contact with the public, members have many opportunities to contribute to positive public opinion toward the Air Force. Each Air Force member is responsible for obtaining the necessary review and clearance, starting with public affairs, before releasing any proposed statement, text, or imagery to the public. This includes digital products being loaded on an unrestricted website. Members must ensure the information revealed, whether official or unofficial, is appropriate for release according to classification requirements in DoD Instruction 5200.01, Department of Defense Information Security Program and Protection of Sensitive Compartmented Information, and AFPD 16-14, Security Enterprise Governance. |
19.11. Public Statements According to AFI 1-1, the issuance of public statements on official USAF matters is the responsibility of cognizant unit or installation commanders and their public affairs representatives. Ensuring that official statements are properly worded and approved, avoids statements that do not reflect official USAF policy or that could be misleading to the public if taken out of context. To ensure USAF official information is presented professionally, personnel should make certain it is accurate, prompt, and factual; is confined to their particular areas of expertise; avoids a hypothetical and speculative nature; accurately reflects USAF policy; is presented simply and honestly; and complies with the spirit and letter of the Secretary of Defense's principles for public information. For additional information, refer to AFI 35-101. As representatives of the service in both official and unofficial contact with the public, members have many opportunities to contribute to positive public opinion toward the USAF. Each USAF member is responsible for obtaining the necessary review and clearance, starting with public affairs, before releasing any proposed statement, text, or imagery to the public. This includes digital products being loaded on an unrestricted website. Members must ensure the information revealed, whether official or unofficial, is appropriate for release according to classification requirements in DoDM5200.01V1_AFMAN16-1404V1. |
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19.4. Free Exercise of Religion and Religious Accommodation Every Airman has the right to individual expressions of sincerely held beliefs, to include conscience, moral principles or religious beliefs, unless those expressions would have an adverse impact on military readiness, unit cohesion, good order, discipline, health and safety, or mission accomplishment. According to AFI 1-1, Air Force Standards, leaders at all levels must balance constitutional protections for their own free exercise of religion, including individual expressions of religious beliefs, and the constitutional prohibition against governmental establishment of religion. They must ensure their words and actions cannot reasonably be construed to be officially endorsing, disapproving, or extending preferential treatment for any faith, belief, or absence of belief. Airmen requesting religious accommodation must continue to comply with directives, instructions, and lawful orders until the request is approved. If the request is not approved, the decision must be based on the facts presented; must directly relate to the compelling government interest of military readiness, unit cohesion, good order, discipline, health, safety, or mission accomplishment; and must be by the least restrictive means necessary to avoid the adverse impact. |
19.12. Free Exercise of Religion and Religious Accommodation Every Airman has the right to individual expressions of sincerely held beliefs, to include conscience, moral principles or religious beliefs, unless those expressions would have an adverse impact on military readiness, unit cohesion, good order, discipline, health and safety, or mission accomplishment. According to AFI 1-1, leaders at all levels must balance constitutional protections for their own free exercise of religion, including individual expressions of religious beliefs, and the constitutional prohibition against governmental establishment of religion. They must ensure their words and actions cannot reasonably be construed to be officially endorsing, disapproving, or extending preferential treatment for any faith, belief, or absence of belief. Airmen requesting religious accommodation must continue to comply with directives, instructions, and lawful orders until the request is approved. If the request is not approved, the decision must be based on the facts presented; must directly relate to the compelling government interest of military readiness, unit cohesion, good order, discipline, health, safety, or mission accomplishment; and must be by the least restrictive means necessary to avoid the adverse impact. |
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19.5. Political Activities According to AFI 1-1, Air Force Standards, generally, as an individual, you enjoy the same rights and have the same responsibilities as other citizens. However, as a member of the U.S. Air Force, the manner in which you exercise your rights is limited in some cases. While on Regular Air Force status, members are prohibited from engaging in certain political activities to maintain good order and discipline and to avoid conflicts of interest and the appearance of improper endorsement in political matters. While Air Force members do have the right and duty as American citizens to vote and voice opinions concerning political matters, we must be careful that personal opinions and activities are not directly, or by implication, represented as those of the Air Force. Examples of political activities that may be prohibited or associated with restrictions include: political rallies, speaking engagements, contributions, endorsements, sponsorship, campaigns, and demonstrations. Before engaging in any political activities, be sure to review applicable Air Force instructions and guidance. AFI 51-508, Political Activities, Free Speech and Freedom of Assembly of Air Force Personnel, provides detailed information on what Air Force members may or may not be allowed to do regarding political activities. DoD Directive 1344.10, Political Activities by Members of the Armed Forces, includes guidance on political activities for all U.S. Armed Forces. |
19.13. Political Activities According to AFI 1-1, generally, as an individual, you enjoy the same rights and have the same responsibilities as other citizens. However, as a member of the USAF, the manner in which you exercise your rights is limited in some cases. While on RegAF status, members are prohibited from engaging in certain political activities to maintain good order and discipline and to avoid conflicts of interest and the appearance of improper endorsement in political matters. While USAF members do have the right and duty as American citizens to vote and voice opinions concerning political matters, we must be careful that personal opinions and activities are not directly, or by implication, represented as those of the USAF. Prohibited Activities. USAF members may not participate in partisan political fundraising activities (except as permitted in paragraph 2.3. of AFI 51-508), rallies, conventions (including making speeches in the course thereof), management of campaigns, or debates, either on one's own behalf or on that of another. This prohibition applies whether the individual is in uniform or not, and regardless of whether an inference or appearance of official sponsorship, approval, or endorsement may be drawn. Participation includes more than mere attendance as a spectator. In addition, USAF members may not use official authority or influence to interfere with an election, to affect its course or outcome, to solicit votes for a particular candidate or issue, or to require or solicit political contributions from others. Military personnel must not actively advocate supremacist, extremist, or criminal gang doctrine, ideology, or causes, including those that advance, encourage, or advocate illegal discrimination based on race, creed, color, sex, religion, ethnicity, or national origin or those that advance, encourage, or advocate the use of force, violence, or criminal activity or otherwise advance efforts to deprive individuals of their civil rights. Before engaging in any political activities, be sure to review applicable USAF instructions and guidance. AFI 51-508 provides detailed information on what USAF members may or may not be allowed to do regarding political activities. DoD Directive 1344.10, Political Activities by Members of the Armed Forces, 19 February 2008, includes guidance on political activities for all U.S. Armed Forces. Also reference DAFI 52-201, Religious Freedom in the Department of the Air Force, 23 June 2021. Note: Military members who engage in any of the prohibited activities listed in paragraph and subparagraphs (2.4.1.1.-1.4.1.19. of AFI 51-508) are subject to prosecution under Article 92, UCMJ, in addition to any other applicable provision of the UCMJ or Federal law. |
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19.6. Alcohol Abuse Air Force policy recognizes that alcohol abuse negatively affects public behavior, duty performance, and physical and mental health. The Air Force provides comprehensive clinical assistance to eligible beneficiaries seeking help for an alcohol problem. According to AFI 1-1, Air Force Standards, Air Force policy is to prevent alcohol abuse and alcoholism among its personnel and dependents; to assist Air Force personnel in resolving alcohol-related problems; and to ensure humane management and administrative disposition of those who are unable or unwilling to be restored to full, effective functioning. All Airmen are responsible for exercising good judgment in the use of alcohol. State and foreign country drinking age laws, including those in a deployed environment, must be obeyed both on- and off-duty. Use of alcohol must not adversely affect duty performance or conduct on- or off-duty, to include the ability to be recalled, if specifically required, (when serving in an on-call status) during scheduled off-duty time. Drunk Driving. Drunk driving can lead to disciplinary action, including criminal prosecution under the Uniform Code of Military Justice (UCMJ) and local and state criminal laws. AFI 31-218, Motor Vehicle Traffic Supervision, applies to everyone with military installation driving privileges. A person with a blood alcohol concentration greater than .08 is considered per se impaired, even without any other evidence. If a member has a blood alcohol percentage of 0.05 but less than 0.08, the person may be presumed to be impaired. This standard may be considered with other competent evidence in determining whether the person is under the influence of alcohol. There is a one-year driving privilege suspension for driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor at a blood alcohol concentration of 0.08 percent or greater. |
19.14. Alcohol Abuse USAF policy recognizes that alcohol abuse negatively affects public behavior, duty performance, and physical and mental health. The USAF provides comprehensive clinical assistance to eligible beneficiaries seeking help for an alcohol problem. According to AFI 1-1, USAF policy is to prevent alcohol abuse and alcoholism among its personnel and dependents; to assist USAF personnel in resolving alcohol-related problems; and to ensure humane management and administrative disposition of those who are unable or unwilling to be restored to full, effective functioning. All Airmen are responsible for exercising good judgment in the use of alcohol. State and foreign country drinking age laws, including those in a deployed environment, must be obeyed both on- and off-duty. Use of alcohol must not adversely affect duty performance or conduct on- or off-duty, to include the ability to be recalled, if specifically required, (when serving in an on-call status) during scheduled off-duty time. Also reference AFI 34-219, Alcoholic Beverage Program, 3 February 2021. Drunk Driving. Drunk driving can lead to disciplinary action, including criminal prosecution under the Uniform Code of Military Justice (UCMJ) and local and state criminal laws. AFI 31-218, Motor Vehicle Traffic Supervision, 4 October 2016, applies to everyone with military installation driving privileges. A person with a blood alcohol concentration greater than .08 is considered per se impaired, even without any other evidence. If a member has a blood alcohol percentage of 0.05 but less than 0.08, the person may be presumed to be impaired. This standard may be considered with other competent evidence in determining whether the person is under the influence of alcohol. There is a one-year driving privilege suspension for driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor at a blood alcohol concentration of 0.08 percent or greater. |
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19.7. Substance Use/Misuse Department of Defense policy is to prevent and eliminate problematic substance use in the Department of Defense. Substance use and abuse is incompatible with Air Force core values, maintenance of high standards of behavior, performance, readiness, and the discipline necessary to accomplish the Air Force mission. Additionally, substance abuse and misuse can cause serious physical and mental health problems and jeopardize safety. According to AFI 1-1, Air Force Standards, the illegal use of drugs, or improper use of legal drugs, is prohibited and will not be tolerated. In AFI 90-507, Military Drug Demand Reduction Program, drug abuse is described as the wrongful use, possession, distribution, or introduction onto a military installation or other property or facility under military supervision, of a controlled substance, prescription medication, over-the-counter medication, or intoxicating substance (other than alcohol). "Wrongful" means without legal justification or excuse, and includes use contrary to the directions of the manufacturer or prescribing healthcare provider, and use of any intoxicating substance not intended for human ingestion. Drug abuse also includes inhalant abuse (sometimes referred to as huffing) and steroid use, other than that specifically prescribed by a competent medical authority. Violators are subject to punitive action under the UCMJ as well as adverse administrative actions, up to and including administrative separation. The knowing use of any intoxicating substance (other than the lawful use of alcohol, tobacco products, or prescription drugs), which is inhaled, injected, consumed, or introduced into the body in any manner to alter mood or function, is prohibited and will not be tolerated. The possession of an intoxicating substance with the intent to use in a manner that would alter mood or function, without legal authorization, is prohibited and will not be tolerated. Failure by military personnel to comply with these prohibitions may result in prosecution under the UCMJ or state and local laws, as well as adverse administrative actions up to and including administrative separation. Note: Air Force members with substance abuse problems are encouraged to seek assistance from the unit commander, first sergeant, substance abuse counselor, or a military medical professional through the Alcohol and Drug Abuse Prevention and Treatment (ADAPT) Program. ADAPT and drug demand reduction programs include substance use/misuse prevention, education, treatment, and urinalysis testing. Members are held to the highest standards of discipline and behavior, both on- and off-duty. All patients diagnosed with a substance use disorder and entered into ADAPT will be recommended for limited duty, indicating the patient is not worldwide qualified. Individuals who experience problems related to substance use/misuse will receive counseling and treatment as needed; however, all Air Force members are held accountable for unacceptable behavior. Commander's Identification. Unit commanders will refer all service members for assessment when substance use or misuse is suspected to be a contributing factor in any misconduct. Examples include: driving under the influence, public intoxication, drunk and disorderly conduct, spouse or child abuse and maltreatment, underage drinking, positive drug test, or when notified by medical personnel. Commanders who fail to comply with this requirement place the member at increased risk for developing severe substance problems, and may jeopardize the safety of others and ultimately mission accomplishment. |
19.15. Substance Use/Misuse Department of Defense policy is to prevent and eliminate problematic substance use in the Department of Defense. Substance use and abuse is incompatible with USAF core values, maintenance of high standards of behavior, performance, readiness, and the discipline necessary to accomplish the Air Force mission. Additionally, substance abuse and misuse can cause serious physical and mental health problems and jeopardize safety. According to AFI 1-1, the illegal use of drugs, or improper use of legal drugs, is prohibited and will not be tolerated. In AFI 90-507, Military Drug Demand Reduction Program, 25 May 2017, drug abuse is described as the wrongful use, possession, distribution, or introduction onto a military installation or other property or facility under military supervision, of a controlled substance, prescription medication, over-the-counter medication, or intoxicating substance (other than alcohol). "Wrongful" means without legal justification or excuse, and includes use contrary to the directions of the manufacturer or prescribing healthcare provider, and use of any intoxicating substance not intended for human ingestion. Drug abuse also includes inhalant abuse (sometimes referred to as huffing) and steroid use, other than that specifically prescribed by a competent medical authority. Violators are subject to punitive action under the UCMJ as well as adverse administrative actions, up to and including administrative separation. The knowing use of any intoxicating substance (other than the lawful use of alcohol, tobacco products, or prescription drugs), which is inhaled, injected, consumed, or introduced into the body in any manner to alter mood or function, is prohibited and will not be tolerated. The possession of an intoxicating substance with the intent to use in a manner that would alter mood or function, without legal authorization, is prohibited and will not be tolerated. Failure by military personnel to comply with these prohibitions may result in prosecution under the UCMJ or state and local laws, as well as adverse administrative actions up to and including administrative separation. Note: USAF members with substance abuse problems are encouraged to seek assistance from the unit commander, first sergeant, substance abuse counselor, or a military medical professional through the Alcohol and Drug Abuse Prevention and Treatment (ADAPT) Program. ADAPT and drug demand reduction programs include substance use/misuse prevention, education, treatment, and urinalysis testing. Members are held to the highest standards of discipline and behavior, both on- and off-duty. All patients diagnosed with a substance use disorder and entered into ADAPT will be recommended for limited duty, indicating the patient is not worldwide qualified. Individuals who experience problems related to substance use/misuse will receive counseling and treatment as needed; however, all USAF members are held accountable for unacceptable behavior. Commander's Identification. Unit commanders will refer all service members for assessment when substance use or misuse is suspected to be a contributing factor in any misconduct. Examples include: driving under the influence, public intoxication, drunk and disorderly conduct, spouse or child abuse and maltreatment, underage drinking, positive drug test, or when notified by medical personnel. Commanders who fail to comply with this requirement place the member at increased risk for developing severe substance problems, and may jeopardize the safety of others and ultimately mission accomplishment. |
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19.8. Drug Testing The Air Force conducts drug testing of personnel according to AFI 90-507, Military Drug Demand Reduction Program. Drug testing is an effective deterrent for the illegal use of drugs; therefore, Air Force military members are subject to testing regardless of grade, status, or position. Military members may receive an order or may voluntarily consent to provide urine samples at any time. Military members who fail to comply with an order to provide a urine sample are subject to punitive action under the UCMJ. Note: Commander-directed testing should only be used as a last resort because the results may not be used for disciplinary action under the UCMJ or to characterize an administrative discharge. Inspection under Military Rule of Evidence 313. In general, an inspection is an examination conducted as an incident of command, the primary purpose of which is to determine and ensure the security, military fitness, or good order and discipline of a unit, organization, or installation. Inspections may utilize any reasonable natural or technological aid and may be conducted with or without notice to those inspected. The positive result of a urine sample may be used to refer a member for a substance use evaluation, as evidence to support disciplinary action under the UCMJ or administrative discharge action, and as a consideration on the issue of characterization of discharge in administrative discharges. Probable Cause Search under Military Rule of Evidence 315. A probable cause search requires a search and seizure authorization from the appropriate commander, military judge, or military magistrate in order to seize a urine specimen. Probable cause exists when there is a reasonable belief that evidence of illegal drug use will be found in the system of the member to be tested. Results may be used as evidence to support disciplinary action under the UCMJ, or in an administrative discharge action. Medical Purposes. Results of any examination conducted for a valid medical purpose, including emergency medical treatment, periodic physical examination, and other such examinations necessary for diagnostic or treatment purposes, may be used to identify drug abusers. Results may be used as evidence to support disciplinary action under the UCMJ or in administrative discharge action. Self-identification. Air Force members (not currently under investigation or pending action), with alcohol problems, substance use problems, or personal drug use or possession, are encouraged to seek assistance from the unit commander, first sergeant, substance use counselor, or a military medical professional. Following an assessment, the ADAPT program manager will consult with the treatment team and determine an appropriate clinical course of action. Commanders may not use voluntary self-identification of a substance use problem against a member in an action under the UCMJ or when determining the appropriate characterization of service in an administrative discharge action. |
19.16. Drug Testing The USAF conducts drug testing of personnel according to AFI 90-507. Drug testing is an effective deterrent for the illegal use of drugs; therefore, USAF military members are subject to testing regardless of grade, status, or position. Military members may receive an order or may voluntarily consent to provide urine samples at any time. Military members who fail to comply with an order to provide a urine sample are subject to punitive action under the UCMJ. Note: Commander-directed testing should only be used as a last resort because the results may not be used for disciplinary action under the UCMJ or to characterize an administrative discharge. Inspection under Military Rule of Evidence 313. In general, an inspection is an examination conducted as an incident of command, the primary purpose of which is to determine and ensure the security, military fitness, or good order and discipline of a unit, organization, or installation. Inspections may utilize any reasonable natural or technological aid and may be conducted with or without notice to those inspected. The positive result of a urine sample may be used to refer a member for a substance use evaluation, as evidence to support disciplinary action under the UCMJ or administrative discharge action, and as a consideration on the issue of characterization of discharge in administrative discharges. Probable Cause Search under Military Rule of Evidence 315. A probable cause search requires a search and seizure authorization from the appropriate commander, military judge, or military magistrate in order to seize a urine specimen. Probable cause exists when there is a reasonable belief that evidence of illegal drug use will be found in the system of the member to be tested. Results may be used as evidence to support disciplinary action under the UCMJ, or in an administrative discharge action. Medical Purposes. Results of any examination conducted for a valid medical purpose, including emergency medical treatment, periodic physical examination, and other such examinations necessary for diagnostic or treatment purposes, may be used to identify drug abusers. Results may be used as evidence to support disciplinary action under the UCMJ or in administrative discharge action. Self-identification. USAF members (not currently under investigation or pending action), with alcohol problems, substance use problems, or personal drug use or possession, are encouraged to seek assistance from the unit commander, first sergeant, substance use counselor, or a military medical professional. Following an assessment, the ADAPT program manager will consult with the treatment team and determine an appropriate clinical course of action. Commanders may not use voluntary self-identification of a substance use problem against a member in an action under the UCMJ or when determining the appropriate characterization of service in an administrative discharge action. |
Section 19C - Appropriate Working Relationships
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19.9. Working Relationships Social interaction that contributes appropriately to unit cohesiveness and effectiveness is encouraged. Military members of all grades must maintain professional relationships with civilian employees and government contractor personnel they work with, supervise, or direct, and must avoid relationships that adversely affect or are perceived to adversely affect morale, discipline, respect for authority, and unit cohesion, or that violate law or regulation. While personal relationships between Air Force members are normally matters of individual choice and judgment, they become matters of official concern when they adversely affect or have the reasonable potential to affect the Air Force by eroding morale, good order, discipline, respect for authority, unit cohesion, or mission accomplishment. Professional Relationships. As stated in AFI 1-1, Air Force Standards, appropriate professional relationships are vital to the effective operation of all organizations and to maintaining good order and discipline. The nature of the military mission requires absolute confidence in command and an unhesitating adherence to orders that may result in inconvenience, hardships, and at times, injury or death. This distinction makes the maintenance of professional relationships in the military more critical than in civilian organizations. AFI 36-2909, Air Force Professional Relationships and Conduct, establishes responsibilities for maintaining professional relationships. Unprofessional Relationships. Unprofessional relationships, whether pursued on- or off-duty, are those relationships that detract from the authority of superiors, or result in, or reasonably create the appearance of, favoritism, misuse of office or position, or the abandonment of organizational goals for personal interests. Once established, unprofessional relationships, such as inappropriate personal relationships and favoritism, do not go unnoticed by other members of a unit, and call into question the superior's impartiality toward the subordinate and his or her peers. Unprofessional relationships must be avoided between officers, between enlisted members, between officers and enlisted members, between military personnel and civilian employees or contractor personnel, as well as within and across the military branches. Relationships in which one member exercises supervisory or command authority over another have the potential for becoming unprofessional. Similarly, differences in grade increase the risk that a relationship will be, or will be perceived to be, unprofessional because senior members in military organizations have direct or indirect organizational influence over the duties and careers of junior members. The ability of the senior member to directly or indirectly influence assignments, promotion recommendations, duties, awards, and other privileges and benefits, places both the senior member and the junior member in susceptible situations. Fraternization. Fraternization is an unprofessional relationship between an officer and enlisted member specifically prohibited by Article 134, Uniform Code of Military Justice. Fraternization exists when a relationship between an officer and an enlisted member puts the enlisted member on terms of military equality with the officer in a way that prejudices good order and discipline in the U.S. Armed Forces or brings discredit upon the U.S. Armed Forces. This custom of the service recognizes that officers will not form personal relationships with enlisted members on terms of military equality, whether on- or off-duty. Whether a contact or association constitutes fraternization depends on the surrounding circumstances, such as whether the conduct has compromised the chain of command; has resulted in the appearance of partiality; or has otherwise undermined good order, discipline, authority, or morale. The prohibition on fraternization extends beyond organizational and chain of command lines to include members among or across different services. In short, it extends to all officer and enlisted relationships. When fraternization occurs, the officer will be held primarily responsible, and is the only member subject to disciplinary action for fraternization under Article 134, UCMJ; however, an enlisted member involved in consensual fraternization is still engaged in an unprofessional relationship and is likewise subject to discipline under Article 92, UCMJ. |
19.17. Working Relationships Social interaction that contributes appropriately to unit cohesiveness and effectiveness is encouraged. Military members of all grades must maintain professional relationships with civilian employees and government contractor personnel they work with, supervise, or direct, and must avoid relationships that adversely affect or are perceived to adversely affect morale, discipline, respect for authority, and unit cohesion, or that violate law or regulation. While personal relationships between USAF members are normally matters of individual choice and judgment, they become matters of official concern when they adversely affect or have the reasonable potential to affect the USAF by eroding morale, good order, discipline, respect for authority, unit cohesion, or mission accomplishment. Professional Relationships. As stated in AFI 1-1, appropriate professional relationships are vital to the effective operation of all organizations and to maintaining good order and discipline. The nature of the military mission requires absolute confidence in command and an unhesitating adherence to orders that may result in inconvenience, hardships, and at times, injury or death. This distinction makes the maintenance of professional relationships in the military more critical than in civilian organizations. AFI 36-2909, Air Force Professional Relationships and Conduct, 14 November 2019, establishes responsibilities for maintaining professional relationships. Unprofessional Relationships. Unprofessional relationships, whether pursued on- or off-duty, are those relationships that detract from the authority of superiors, or result in, or reasonably create the appearance of, favoritism, misuse of office or position, or the abandonment of organizational goals for personal interests. Once established, unprofessional relationships, such as inappropriate personal relationships and favoritism, do not go unnoticed by other members of a unit, and call into question the superior's impartiality toward the subordinate and his or her peers. Unprofessional relationships must be avoided between officers, between enlisted members, between officers and enlisted members, between military personnel and civilian employees or contractor personnel, as well as within and across the military branches. Relationships in which one member exercises supervisory or command authority over another have the potential for becoming unprofessional. Similarly, differences in grade increase the risk that a relationship will be, or will be perceived to be, unprofessional because senior members in military organizations have direct or indirect organizational influence over the duties and careers of junior members. The ability of the senior member to directly or indirectly influence assignments, promotion recommendations, duties, awards, and other privileges and benefits, places both the senior member and the junior member in susceptible situations. Fraternization. Fraternization is an unprofessional relationship between an officer and enlisted member specifically prohibited by Article 134, Uniform Code of Military Justice. Fraternization exists when a relationship between an officer and an enlisted member puts the enlisted member on terms of military equality with the officer in a way that prejudices good order and discipline in the U.S. Armed Forces or brings discredit upon the U.S. Armed Forces. This custom of the service recognizes that officers will not form personal relationships with enlisted members on terms of military equality, whether on- or off-duty. Whether a contact or association constitutes fraternization depends on the surrounding circumstances, such as whether the conduct has compromised the chain of command; has resulted in the appearance of partiality; or has otherwise undermined good order, discipline, authority, or morale. The prohibition on fraternization extends beyond organizational and chain of command lines to include members among or across different services. In short, it extends to all officer and enlisted relationships. When fraternization occurs, the officer will be held primarily responsible, and is the only member subject to disciplinary action for fraternization under Article 134, UCMJ; however, an enlisted member involved in consensual fraternization is still engaged in an unprofessional relationship and is likewise subject to discipline under Article 92, UCMJ. |
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19.10. Equal Opportunity The Air Force Equal Opportunity Program fosters and supports equal opportunity and must be carried out in the day-to-day actions of all personnel. The Air Force will not tolerate unlawful discrimination, harassment, or reprisal against individuals who engage in protected activity. Airmen must actively make workplace professionalism a top priority and take proactive steps to prevent and eliminate unlawful discriminatory or harassment behavior. Commanders and supervisors are charged with taking immediate and appropriate actions to address inappropriate behaviors or allegations once they are made aware, and are encouraged to consult with their local equal opportunity office before initiating action to resolve such concerns. Refer to AFI 36-2706, Equal Opportunity Program Military and Civilian, for additional information. Note: The Air Force Sexual Harassment/Unlawful Discrimination (24-hour) Hotline (1-888-231- 4058), is established to ensure Air Force personnel can easily and freely report to proper Equal Opportunity authorities any allegations of sexual harassment or discrimination, and provide information on sexual harassment and equal opportunity issues. Equal Opportunity Program Objectives. The primary objective of the Equal Opportunity Program is to eradicate unlawful discrimination and foster a positive human relations environment. To this end, Equal Opportunity offices at every installation stand ready to assist individuals, supervisors, and commanders with eradicating every form of unlawful discrimination and harassment from the workplace. To improve the Air Force human relations environment, Equal Opportunity offices offer an array of counseling, mediation, education, assessment, training, general assistance, and complaint resolution services. Unlawful Discrimination. Unlawful discrimination can include the use of disparaging terms regarding an individual's birthplace, ancestry, culture, or the linguistic characteristics common to a specific ethnic group. The use of terms that degrade or connote negative statements pertaining to race, color, religion, national origin, sex, age, genetic information, and mental or physical disability, can constitute unlawful discrimination. These terms include insults, printed material, visual material, signs, symbols, posters, or insignia. - Unlawful Discrimination Against Military Members. Unlawful discrimination against military members includes any unlawful action that denies equal opportunities to persons or groups based on their race, color, religion, national origin, harassment, sex (to include gender identity), and sexual orientation. This type of discrimination includes verbal, physical, and non-verbal forms, as well as social media. For military members, unlawful discrimination is unacceptable, on- or off-base, 24 hours a day. - Unlawful Discrimination Against Department of Defense Civilian Employees. Unlawful discrimination against civilian employees includes any unlawful employment practice that occurs when an employer fails or refuses to hire or promote; discharges or otherwise discriminates against any individual with respect to compensation, terms, conditions, or privileges of employment; limits, segregates, or classifies employees or applicants for employment in a way that deprives or tends to deprive any individual of employment opportunities or otherwise adversely affects his/her status as an employee because of race, color, religion, national origin, sex, (including sexual harassment, pregnancy, gender identity, sexual orientation, age (40 or older), genetic information, physical or mental disability, or reprisal). |
19.18. Equal Opportunity The USAF Equal Opportunity Program fosters and supports equal opportunity and must be carried out in the day-to-day actions of all personnel. The USAF will not tolerate unlawful discrimination, harassment, or reprisal against individuals who engage in protected activity. Airmen must actively make workplace professionalism a top priority and take proactive steps to prevent and eliminate unlawful discriminatory or harassment behavior. Commanders and supervisors are charged with taking immediate and appropriate actions to address inappropriate behaviors or allegations once they are made aware, and are encouraged to consult with their local equal opportunity office before initiating action to resolve such concerns. Refer to AFI 36-2710, Equal Opportunity Program, 18 June 2020, for additional information. Note: The Air Force Sexual Harassment/Unlawful Discrimination (24-hour) Hotline (1-888-231-4058), is established to ensure USAF personnel can easily and freely report to proper Equal Opportunity authorities any allegations of sexual harassment or discrimination, and provide information on sexual harassment and equal opportunity issues. Equal Opportunity Program Objectives. The primary objective of the Equal Opportunity Program is to eradicate unlawful discrimination and foster a positive human relations environment. To this end, Equal Opportunity offices at every installation stand ready to assist individuals, supervisors, and commanders with eradicating every form of unlawful discrimination and harassment from the workplace. To improve the USAF human relations environment, Equal Opportunity offices offer an array of counseling, mediation, education, assessment, training, general assistance, and complaint resolution services. Unlawful Discrimination. Unlawful discrimination can include the use of disparaging terms regarding an individual's birthplace, ancestry, culture, or the linguistic characteristics common to a specific ethnic group. The use of terms that degrade or connote negative statements pertaining to race, color, religion, national origin, sex, age, genetic information, and mental or physical disability, can constitute unlawful discrimination. These terms include insults, printed material, visual material, signs, symbols, posters, or insignia. - Unlawful Discrimination Against Military Members. Unlawful discrimination against military members includes any unlawful action that denies equal opportunities to persons or groups based on their race, color, religion, national origin, sex (to include gender identity), and sexual orientation. This type of discrimination includes verbal, physical, and non-verbal forms, as well as social media. For military members, unlawful discrimination is unacceptable, on- or off-base, 24 hours a day. - Unlawful Discrimination Against Department of Defense Civilian Employees. Unlawful discrimination against civilian employees includes any unlawful employment practice that occurs when an employer fails or refuses to hire or promote; discharges or otherwise discriminates against any individual with respect to compensation, terms, conditions, or privileges of employment; limits, segregates, or classifies employees or applicants for employment in a way that deprives or tends to deprive any individual of employment opportunities or otherwise adversely affects his/her status as an employee because of race, color, religion, national origin, sex, (including sexual harassment, pregnancy, gender identity, sexual orientation, age (40 or older), genetic information, physical or mental disability, or reprisal). |
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19.11. Harassment Harassment against military members or civilian employees includes any behavior that is unwelcome or offensive to a reasonable person, whether oral, written, or physical, that creates an intimidating, hostile, or offensive environment. Harassment includes use of electronic communications, social media, other forms of communication, and in person. Harassment may include offensive jokes, epithets, ridicule or mockery, insults or put-downs, displays of offensive objects or imagery, stereotyping, intimidating acts, veiled threats of violence, threatening or provoking remarks, racial or other slurs, derogatory remarks about a person's accent, or displays of racially offensive symbols. Activities or actions undertaken for a proper military or governmental purpose, such as combat survival training, are not considered harassment. Six Distinct Forms of Harassment. The Air Force Equal Opportunity Program covers six distinct forms of harassment: discriminatory, sexual, bullying, hazing, retaliation, and reprisal. They are briefly described here. - Discriminatory Harassment. Discriminatory harassment is conduct that is unwelcome based on race, color, religion, sex (including gender identity), national origin, or sexual orientation. - Sexual Harassment. Sexual harassment is conduct of any deliberate or repeated unwelcome verbal comments or gestures of a sexual nature by any military member or civilian employee. Sexual harassment is conduct that involves unwelcome sexual advances, requests for sexual favors, and deliberate or repeated offensive comments or gestures of a sexual nature when: submission to such conduct is made either explicitly or implicitly a term or condition of a person's job, pay, or career; submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person; such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile, or offensive environment; and is so severe or pervasive that a reasonable person would perceive, and the victim does perceive, the environment as hostile or offensive. Any person in a supervisory or command position who uses or condones any form of sexual behavior to control, influence, or affect the career, pay, or job of a military member or civilian employee is engaging in sexual harassment. Note: Sexual harassment includes use of electronic communications, including social media, other forms of communication, and in person. There is no requirement for concrete psychological harm to the complainant for behavior to constitute sexual harassment. Behavior is sufficient to constitute sexual harassment if it is so severe or pervasive that a reasonable person would perceive, and the complainant does perceive, the environment as hostile or offensive. - Bullying. A form of harassment that includes acts of aggression by a military member or civilian employee with a nexus to military service, with the intent of harming a service member either physically or psychologically, without a proper military or other governmental purpose. Bullying may involve the singling out of an individual from his or her coworkers, or unit, for ridicule because he or she is considered different or weak. It often involves an imbalance of power between the aggressor and the victim. Bullying can be conducted through electronic devices or communications, and by other means including social media, as well as in person. Service members may be responsible for an act of bullying even if there was actual or implied consent from the victim and regardless of the grade or rank, status, or service of the victim. Bullying is prohibited in all circumstances and environments, including off-duty or "unofficial" unit functions and settings. Note: Bullying does not include properly directed command or organizational activities that serve a proper military or other governmental purpose, or the requisite training activities required to prepare for these activities, such as command-authorized physical training. - Hazing. A form of harassment that includes conduct through which military members or civilian employees, without a proper military or other governmental purpose but with a nexus to military service, physically or psychologically injures or creates a risk of physical or psychological injury to service members for the purpose of: initiation into, admission into, affiliation with, change in status or position within, or a condition for continued membership in any military or Department of Defense civilian organization. Hazing can be conducted through the use of electronic devices or communications, and by other means including social media, as well as in person. Service members may be responsible for an act of hazing even if there was actual or implied consent from the victim and regardless of the grade or rank, status, or service of the victim. Hazing is prohibited in all circumstances and environments including off-duty or "unofficial" unit functions and settings. Note: Hazing does not include properly directed command or organizational activities that serve a proper military or other governmental purpose, or the requisite training activities required to prepare for these activities, such as, administrative corrective measures, extra military instruction, or command-authorized physical training. - Retaliation. Retaliation is taking or threatening to take an adverse personnel action against a person, or wrongfully withholding or threatening to withhold a favorable personnel action with respect to a person, as a result of that person reporting a criminal offense or making a protected communication, or planning to do either. A protected communication is a communication made to a Member of Congress or an Inspector General, or to certain other authorities when the communication discloses evidence of a violation of law or regulation, including sexual harassment and unlawful discrimination. A protected communication may also relate to gross mismanagement, fraud, waste and abuse or a substantial danger to public health and safety. Retaliation is prohibited by Article 132, UCMJ. |
19.19. Harassment Harassment against military members or civilian employees includes any behavior that is unwelcome or offensive to a reasonable person, whether oral, written, or physical, that creates an intimidating, hostile, or offensive environment. Harassment includes use of electronic communications, social media, other forms of communication, and in person. Harassment may include offensive jokes, epithets, ridicule or mockery, insults or put-downs, displays of offensive objects or imagery, stereotyping, intimidating acts, veiled threats of violence, threatening or provoking remarks, racial or other slurs, derogatory remarks about a person's accent, or displays of racially offensive symbols. Activities or actions undertaken for a proper military or governmental purpose, such as combat survival training, are not considered harassment. Six Distinct Forms of Harassment. The Air Force Equal Opportunity Program covers six distinct forms of harassment: discriminatory, sexual, bullying, hazing, retaliation, and reprisal. They are briefly described here. - Discriminatory Harassment. Discriminatory harassment is conduct that is unwelcome based on race, color, religion, sex (including gender identity), national origin, or sexual orientation. - Sexual Harassment. Sexual harassment is conduct of any deliberate or repeated unwelcome verbal comments or gestures of a sexual nature by any military member or civilian employee. Sexual harassment is conduct that involves unwelcome sexual advances, requests for sexual favors, and deliberate or repeated offensive comments or gestures of a sexual nature when: submission to such conduct is made either explicitly or implicitly a term or condition of a person's job, pay, or career; submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person; such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile, or offensive environment; and is so severe or pervasive that a reasonable person would perceive, and the victim does perceive, the environment as hostile or offensive. Any person in a supervisory or command position who uses or condones any form of sexual behavior to control, influence, or affect the career, pay, or job of a military member or civilian employee is engaging in sexual harassment. Note: Sexual harassment includes use of electronic communications, including social media, other forms of communication, and in person. There is no requirement for concrete psychological harm to the complainant for behavior to constitute sexual harassment. Behavior is sufficient to constitute sexual harassment if it is so severe or pervasive that a reasonable person would perceive, and the complainant does perceive, the environment as hostile or offensive. To demonstrate the severity of sexual harassment violations in the military, in Jan 2022, President Joseph Biden signed an executive order that establishes sexual harassment as a specific crime under the Uniform Code of Military Justice. - Bullying. A form of harassment that includes acts of aggression by a military member or civilian employee with a nexus to military service, with the intent of harming a service member either physically or psychologically, without a proper military or other governmental purpose. Bullying may involve the singling out of an individual from his or her coworkers, or unit, for ridicule because he or she is considered different or weak. It often involves an imbalance of power between the aggressor and the victim. Bullying can be conducted through electronic devices or communications, and by other means including social media, as well as in person. Service members may be responsible for an act of bullying even if there was actual or implied consent from the victim and regardless of the grade or rank, status, or service of the victim. Bullying is prohibited in all circumstances and environments, including off-duty or "unofficial" unit functions and settings. Note: Bullying does not include properly directed command or organizational activities that serve a proper military or other governmental purpose, or the requisite training activities required to prepare for these activities, such as command-authorized physical training. - Hazing. A form of harassment that includes conduct through which military members or civilian employees, without a proper military or other governmental purpose but with a nexus to military service, physically or psychologically injure or create a risk of physical or psychological injury to service members for the purpose of: initiation into, admission into, affiliation with, change in status or position within, or a condition for continued membership in any military or Department of Defense civilian organization. Hazing can be conducted through the use of electronic devices or communications, and by other means including social media, as well as in person. Service members may be responsible for an act of hazing even if there was actual or implied consent from the victim and regardless of the grade or rank, status, or service of the victim. Hazing is prohibited in all circumstances and environments including off-duty or "unofficial" unit functions and settings. Note: Hazing does not include properly directed command or organizational activities that serve a proper military or other governmental purpose, or the requisite training activities required to prepare for these activities, such as, administrative corrective measures, extra military instruction, or command-authorized physical training. - Retaliation. Retaliation is taking or threatening to take an adverse personnel action against a person, or wrongfully withholding or threatening to withhold a favorable personnel action with respect to a person, as a result of that person reporting a criminal offense or making a protected communication, or planning to do either. A protected communication is a communication made to a Member of Congress or an Inspector General, or to certain other authorities when the communication discloses evidence of a violation of law or regulation, including sexual harassment and unlawful discrimination. A protected communication may also relate to gross mismanagement, fraud, waste, and abuse or a substantial danger to public health and safety. Retaliation is prohibited by Article 132, UCMJ. |
The above paragraph lists "six distinct forms of harassment: discriminatory, sexual, bullying, hazing, retaliation, and reprisal" but only describes five. Reprisal was removed.
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19.12. Military Equal Opportunity Complaint Process Only military personnel, their family members, and retirees may file military Equal Opportunity complaints. To file a complaint, the individual must be the subject of the alleged unlawful discrimination or sexual harassment. Third parties, to include commanders, supervisors, or co-workers, may not file a complaint on behalf of another individual. The Equal Opportunity office will refer all third party individuals who are aware of specific allegations of military Equal Opportunity policy violations to their respective chain of command. The Equal Opportunity office will not accept military complaints from military members, family members, or retirees if the concerns are related to off-base or Department of Defense civilian employment. Military Informal Complaint Procedures. The purpose of the military informal complaint process is to attempt resolution at the lowest possible level. To informally resolve unlawful discrimination and sexual harassment complaints, individuals may orally address or prepare written correspondence to the alleged offender, request intervention by a coworker, opt to use the alternate dispute resolution process, or use the chain of command, such as requesting assistance from the supervisor, first sergeant, or commander. There is no time limit for filing informal complaints and no requirement for commander approval before accepting informal complaints. Military Formal Complaint Procedures. The purpose of the military formal complaint process is to enable military members, retirees, and their family members to formally present allegations of unlawful discrimination and sexual harassment to the Equal Opportunity office with the goal of attempting resolution through a complaint clarification process. The complaint clarification process involves gathering information regarding a formal military complaint or hotline complaint to determine whether a 'preponderance of evidence' exists to demonstrate that unlawful discrimination or harassment occurred. The complaint clarification includes interviewing or taking statements from complainants, potential witnesses, alleged offenders, and anyone else who may have information relevant to the case. The Equal Opportunity office may use information gathered from other investigations in conjunction with, but not in lieu of, their own clarification process to establish a preponderance of credible evidence. The clarification results are forwarded to the Staff Judge Advocate for a legal sufficiency review. Once the review is complete, the alleged offender's commander receives the complaint for final action, if appropriate. Military formal complaints must be filed within 60 calendar days of the alleged offense. The installation commander may waive the time limits for good cause based on a memorandum with sufficient justification provided by the complainant and submitted through the Equal Opportunity office. |
19.20. Military Equal Opportunity Complaint Process Only military personnel, their family members, and retirees may file military Equal Opportunity complaints. To file a complaint, the individual must be the subject of the alleged unlawful discrimination or sexual harassment. Third parties, to include commanders, supervisors, or co-workers, may not file a complaint on behalf of another individual. The Equal Opportunity office will refer all third-party individuals who are aware of specific allegations of military Equal Opportunity policy violations to their respective chain of command. The Equal Opportunity office will not accept military complaints from military members, family members, or retirees if the concerns are related to off-base or Department of Defense civilian employment. Military Informal Complaint Procedures. The purpose of the military informal complaint process is to attempt resolution at the lowest possible level. To informally resolve unlawful discrimination and sexual harassment complaints, individuals may orally address or prepare written correspondence to the alleged offender, request intervention by a coworker, opt to use the alternate dispute resolution process, or use the chain of command, such as requesting assistance from the supervisor, first sergeant, or commander. There is no time limit for filing informal complaints and no requirement for commander approval before accepting informal complaints. Military Formal Complaint Procedures. The purpose of the military formal complaint process is to enable military members, retirees, and their family members to formally present allegations of unlawful discrimination and sexual harassment to the Equal Opportunity office with the goal of attempting resolution through a complaint clarification process. The complaint clarification process involves gathering information regarding a formal military complaint or hotline complaint to determine whether a 'preponderance of evidence' exists to demonstrate that unlawful discrimination or harassment occurred. The complaint clarification includes interviewing or taking statements from complainants, potential witnesses, alleged offenders, and anyone else who may have information relevant to the case. The Equal Opportunity office may use information gathered from other investigations in conjunction with, but not in lieu of, their own clarification process to establish a preponderance of credible evidence. The clarification results are forwarded to the Staff Judge Advocate for a legal sufficiency review. Once the review is complete, the alleged offender's commander receives the complaint for final action, if appropriate. Military formal complaints must be filed within 60 calendar days of the alleged offense. The installation commander may waive the time limits for good cause based on a memorandum with sufficient justification provided by the complainant and submitted through the Equal Opportunity office. |
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19.13. Civilian Equal Opportunity Complaint Process Only Air Force employees, former employees, and applicants for employment may file civilian Equal Opportunity complaints. An aggrieved person can file a complaint if discriminated against on the basis of race, color, religion, sex, (including pregnancy, gender identity, and sexual orientation) national origin, age (40 and older), or disability, or if subjected to sexual harassment or retaliated against for opposing discrimination or for participating in the complaint process. Additionally, an employee can file a complaint under Title II of the Genetic Information Nondiscrimination Act of 2008, which prohibits genetic information discrimination for any aspect of employment, including hiring, firing, pay, job assignment, promotion, layoff, training, fringe benefits, or any other term or condition of employment. To harass or retaliate against a person because of his or her genetic information is illegal under the Genetic Information Nondiscrimination Act. Civilian Informal Complaint Procedures. The purpose of the civilian informal complaint process is to provide for the prompt, fair, and impartial processing and resolution of complaints, consistent with legal obligations under Title 29, Code of Federal Regulations, Part 1614, Federal Sector Equal Employment Opportunity. The objective is to seek opportunities to resolve issues at the lowest organizational level at the earliest possible time. The Equal Opportunity office will work with management and the Staff Judge Advocate in an attempt to resolve the complainant's concerns. The Equal Opportunity office must complete the informal complaint process within 30 calendar days of the complaint being filed unless the complainant grants an extension not to exceed 60 additional calendar days. If the matter is not resolved to the complainant's satisfaction before the end of the authorized period, including extensions, the complainant is issued a notice of right to file a formal complaint. Civilian Formal Complaint Procedures. A formal complaint must be filed at the installation where the alleged discrimination occurred. For the complaint to be processed at the formal stage, the initial contact must be within 45 calendar days of the date of the matter alleged to be discriminatory or, in the case of a personnel action, within 45 calendar days of the effective date or when he or she becomes aware of the personnel action. The complaint must describe the actions or practices that form the basis of the complaint that was discussed with the Equal Opportunity office during the informal complaint process. The complaint must be filed with the Equal Opportunity director or designee within 15 calendar days of the complainant receiving the notice of right to file a formal complaint. The Air Force is required to process civilian formal Equal Opportunity complaints in accordance with Title 29, Code of Federal Regulations, Part 1614, and Equal Employment Opportunity Management Directive 110. The Equal Employment Opportunity Commission requires federal agencies to discharge certain responsibilities once a civilian formal Equal Opportunity complaint is filed. The Equal Opportunity office must process all formal complaints expeditiously and make a determination whether to accept, dismiss, or partially dismiss a complaint or portion of a complaint to allow an investigation to be completed within 180 calendar days from the date filed. |
19.21. Civilian Equal Opportunity Complaint Process Only USAF employees, former employees, and applicants for employment may file civilian Equal Opportunity complaints. An aggrieved person can file a complaint if discriminated against on the basis of race, color, religion, sex, (including pregnancy, gender identity, and sexual orientation) national origin, age (40 and older), or disability, or if subjected to sexual harassment or retaliated against for opposing discrimination or for participating in the complaint process. Additionally, an employee can file a complaint under Title II of the Public Law 110-233, Genetic Information Nondiscrimination Act of 2008, 21 May 2008, which prohibits genetic information discrimination for any aspect of employment, including hiring, firing, pay, job assignment, promotion, layoff, training, fringe benefits, or any other term or condition of employment. To harass or retaliate against a person because of his or her genetic information is illegal under the Genetic Information Nondiscrimination Act. Civilian Informal Complaint Procedures. The purpose of the civilian informal complaint process is to provide for the prompt, fair, and impartial processing and resolution of complaints, consistent with legal obligations under Title 29, Code of Federal Regulations, Part 1614, Federal Sector Equal Employment Opportunity, 1 July 2016. The objective is to seek opportunities to resolve issues at the lowest organizational level at the earliest possible time. The Equal Opportunity office will work with management and the Staff Judge Advocate in an attempt to resolve the complainant's concerns. The Equal Opportunity office must complete the informal complaint process within 30 calendar days of the complaint being filed unless the complainant grants an extension not to exceed 60 additional calendar days. If the matter is not resolved to the complainant's satisfaction before the end of the authorized period, including extensions, the complainant is issued a notice of right to file a formal complaint. Civilian Formal Complaint Procedures. A formal complaint must be filed at the installation where the alleged discrimination occurred. For the complaint to be processed at the formal stage, the initial contact must be within 45 calendar days of the date of the matter alleged to be discriminatory or, in the case of a personnel action, within 45 calendar days of the effective date or when he or she becomes aware of the personnel action. The complaint must describe the actions or practices that form the basis of the complaint that was discussed with the Equal Opportunity office during the informal complaint process. The complaint must be filed with the Equal Opportunity director or designee within 15 calendar days of the complainant receiving the notice of right to file a formal complaint. The USAF is required to process civilian formal Equal Opportunity complaints in accordance with Title 29, Code of Federal Regulations, Part 1614, and Equal Employment Opportunity Management Directive 110, 5 August 2015. The Equal Employment Opportunity Commission requires federal agencies to discharge certain responsibilities once a civilian formal Equal Opportunity complaint is filed. The Equal Opportunity office must process all formal complaints expeditiously and make a determination whether to accept, dismiss, or partially dismiss a complaint or portion of a complaint to allow an investigation to be completed within 180 calendar days from the date filed. |
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19.14. Sexual Assault Prevention and Response The Sexual Assault Prevention and Response (SAPR) Office is responsible for oversight of the Department of Defense sexual assault policy and works hand-in-hand with the services and the civilian community to develop and implement innovative prevention and response programs. Installation Sexual Assault Response Coordinator. The installation Sexual Assault Response Coordinator (SARC) is the single point of contact at an installation or within a geographic area reporting to the installation commander, who oversees sexual assault awareness, prevention, and response training; coordinates medical treatment, including emergency care for sexual assault victims; and tracks the services provided to a victim of sexual assault from the initial report through final disposition and resolution. Note: The Air Force will identify trained military SARCs, as well as trained civilian SARCs or SAPR Victim Advocates (SAPR VA), for rotational support of global contingency operations and deployments. Normally, each air expeditionary wing will warrant at least one SARC and one SAPR VA position. For deployments smaller than an air expeditionary force, deployed commanders must provide a sexual assault response capability consistent with Air Force requirements. Volunteer Victim Advocate. Volunteer Victim Advocates (VVA) are military and Department of Defense civilian employees who are selected, trained, and credentialed to provide non-clinical crisis intervention, referral, and ongoing non-clinical support to adult sexual assault victims. The VVA provides information on available options and resources to victims, conducts liaison assistance with other organizations and agencies on victim care matters, and reports directly to the SARC when performing victim advocacy duties. Special Victims' Counsel. The Special Victims' Counsel (SVC) is a judge advocate who is authorized to provide independent legal representation to eligible victims of sexually-related offenses. A SVC's primary responsibility is to their client. The program, through its attorneys and paralegals, delivers victim-centered advice and advocacy world-wide, assists clients in obtaining support and recovery resources, and promotes greater confidence in the military justice process and the U.S. Air Force. The SVC's representation allows victims of sexually-related offenses to provide informed input throughout the military justice process to decision-makers and may assist with matters outside the military justice process if they are related to the reported offense. Sexual Assault. Sexual assault is criminal conduct that violates the standards the United States of America expects of the men and women serving in the U.S. Air Force and is inconsistent with our core values of Integrity First, Service Before Self, and Excellence In All We Do. Inherent in these core values is respect: self-respect, mutual respect, and respect for the Air Force as an institution. Sexual assault is an intentional sexual contact, characterized by the use of force, threats, intimidation, abuse of authority, or when the victim does not or cannot consent. The term sexual assault encompasses a range of sexual offenses specifically prohibited by Articles 120, 120b, and 80 of the Uniform Code of Military Justice, to include rape, sexual assault, aggravated sexual contact, abusive sexual contact, forcible sodomy, or attempts to commit any of these offenses. Consent. Consent is defined as words or overt acts indicating a freely given agreement to the sexual conduct by a competent person. An expression of lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance or submission resulting from the accused's use of force, threat of force, or placing another person in fear, does not constitute consent. A current or previous relationship, or the manner of dress of the person involved with the accused in the sexual conduct at issue, shall not constitute consent. There is no consent where the person is sleeping or incapacitated, such as due to age, alcohol or drugs, or mental incapacity. Response to an Allegation of Sexual Assault. Any military member or civilian employee, other than those authorized to receive confidential communications or otherwise exempted by law, regulation, or policy, who receives a report of a sexual assault incident about a subordinate in the individual's supervisory chain, will report the matter to the commander, the SARC, and the Air Force Office of Special Investigations. Military members or civilian employees who become aware of a sexual assault incident, not involving a subordinate in the supervisory chain, are strongly encouraged, but not required, to report the incident to the SARC or encourage the victim to do so. |
19.22. Sexual Assault Prevention and Response The Sexual Assault Prevention and Response (SAPR) Office is responsible for oversight of the Department of Defense sexual assault policy and works hand-in-hand with the services and the civilian community to develop and implement innovative prevention and response programs. Refer to AFI 90-6006, Sexual Assault Prevention and Response (SAPR) Program, 15 July 2020, for details regarding the USAF SAPR program. Installation Sexual Assault Response Coordinator. The installation Sexual Assault Response Coordinator (SARC) is the single point of contact at an installation or within a geographic area reporting to the installation commander, who oversees sexual assault awareness, prevention, and response training; coordinates medical treatment, including emergency care for sexual assault victims; and tracks the services provided to a victim of sexual assault from the initial report through final disposition and resolution. Note: The USAF will identify trained military SARCs, as well as trained civilian SARCs or SAPR Victim Advocates (SAPR VA), for rotational support of global contingency operations and deployments. Normally, each air expeditionary wing will warrant at least one SARC and one SAPR VA position. For deployments smaller than an air expeditionary force, deployed commanders must provide a sexual assault response capability consistent with USAF requirements. Volunteer Victim Advocate. Volunteer Victim Advocates (VVA) are military and Department of Defense civilian employees who are selected, trained, and credentialed to provide non-clinical crisis intervention, referral, and ongoing non-clinical support to adult sexual assault victims. The VVA provides information on available options and resources to victims, conducts liaison assistance with other organizations and agencies on victim care matters, and reports directly to the SARC when performing victim advocacy duties. Victims' Counsel. The Victims' Counsel (VC) is a military attorney who is authorized to provide independent legal representation to eligible victims of sexual assault, sexual misconduct, stalking, and other similar crimes. A VC's primary responsibility is to their client. The VC has 3 main roles: (1) Advocate - to provide victims zealous advocacy by protecting their rights; (2) Advise - to provide legal advice by developing victims' understanding of the often complex investigatory and military justice system; (3) Empower - by removing barriers to their full participation in the military justice process. Sexual Assault. Sexual assault is criminal conduct that violates the standards the United States of America expects of the men and women serving in the USAF and is inconsistent with our core values of Integrity First, Service Before Self, and Excellence In All We Do. Inherent in these core values is respect: self-respect, mutual respect, and respect for the USAF as an institution. Sexual assault is an intentional sexual contact, characterized by the use of force, threats, intimidation, abuse of authority, or when the victim does not or cannot consent. The term sexual assault encompasses a range of sexual offenses specifically prohibited by Articles 120, 120b, and 80 of the Uniform Code of Military Justice, to include rape, sexual assault, aggravated sexual contact, abusive sexual contact, forcible sodomy, or attempts to commit any of these offenses. Consent. Consent is defined as words or overt acts indicating a freely given agreement to the sexual conduct by a competent person. An expression of lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance or submission resulting from the accused's use of force, threat of force, or placing another person in fear, does not constitute consent. A current or previous relationship, or the manner of dress of the person involved with the accused in the sexual conduct at issue, shall not constitute consent. There is no consent where the person is sleeping or incapacitated, such as due to age, alcohol or drugs, or mental incapacity. Response to an Allegation of Sexual Assault. Any military member or civilian employee, other than those authorized to receive confidential communications or otherwise exempted by law, regulation, or policy, who receives a report of a sexual assault incident about a subordinate in the individual's supervisory chain, will report the matter to the commander, the SARC, and the Air Force Office of Special Investigations. Military members or civilian employees who become aware of a sexual assault incident, not involving a subordinate in the supervisory chain, are strongly encouraged, but not required, to report the incident to the SARC or encourage the victim to do so. |
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19.15. Sexual Assault Reporting Options The Air Force has two reporting options: unrestricted and restricted reporting. The Air Force makes every effort to treat victims of sexual assault with dignity and respect, to protect their privacy to the maximum extent of the law, and provide support, advocacy, and care. Regardless of whether the victim elects restricted or unrestricted reporting, confidentiality of medical information will be maintained. Restricted Reports. The Department of Defense has directed the implementation of confidentiality in the form of a restricted reporting option that enables eligible victims to report allegations of sexual assault to specified personnel, without triggering an investigation. This reporting option is intended to remove barriers to medical care and support while giving the victim additional time and increased control over the release and management of personal information. Only SARCs, SAPR VAs, VVAs, and healthcare personnel may receive restricted reports of sexual assault. If a victim elects this reporting option, a victim may convert a restricted report to an unrestricted report at any time. Chaplains, legal assistance attorneys, and SVC entitled to privileged communications will not accept a restricted report of sexual assault. However, in the course of otherwise privileged communications with chaplains, legal assistance attorneys, and SVC, a victim may indicate that he or she wishes to file a restricted report. If this occurs, the chaplains, legal assistance attorneys, and SVC will facilitate contact with a SARC, SAPR VA, or VVA to ensure that a victim is offered SAPR services. Unrestricted Reports. Any report of a sexual assault made by the victim through normal reporting channels, including the victim's chain of command, law enforcement, and the Air Force Office of Special Investigations or other criminal investigative services, is considered an unrestricted report. If a victim elects this reporting option, a victim will not be permitted to change from unrestricted to a restricted report. The individual to whom an unrestricted report is made will notify the SARC. Any report of sexual assault made through the SARC, SAPR VA, VVA, or healthcare personnel by an individual who elects an unrestricted report and designates so in writing, will be forwarded for the Air Force Office of Special Investigations. In cases of an unrestricted report of a sexual assault or information concerning a sexual assault, information concerning the victim and the offense will only be provided to governmental entities or persons with an established official need to know. Those who are deemed to have an official need to know in the Air Force to perform their respective duties, routinely include: law enforcement, commanders, and first sergeants of the victim and the alleged assailant, legal personnel, the SARC, SAPR VA, VVA, and healthcare providers, as required. Commanders notified of a sexual assault through an unrestricted report must take immediate steps to ensure the victim's physical safety, emotional security, and medical treatment needs are met and that the Air Force Office of Special Investigations or appropriate criminal investigative agency and SARC are notified. Reporting Eligibility. The following individuals are eligible for both the restricted and unrestricted reporting option within the SARC program. - Regular Air Force members who were sexual assault victims perpetrated by someone other than the victim's spouse, same sex domestic partner, and/or unmarried intimate partner. - Military members, who are on Regular Air Force status, but who were sexual assault victims prior to enlistment or commissioning, are eligible to receive SAPR services under either reporting option. Support to a member on Regular Air Force status is available regardless of when or where the sexual assault took place. - Service members' dependents, 18 years of age and older, who are eligible for treatment in the military health system at installations in the Continental United States and outside of the Continental United States, and who were sexual assault victims perpetrated by someone other than the victim's spouse, same sex domestic partner, and/or unmarried intimate partner. - Air Force Reserve and Air National Guard members in Title 10 status who are sexually assaulted when performing active service and inactive duty training. - Department of Defense civilian employees will have access to full SAPR services that are offered to service members. This does not include additional medical entitlements or legal services to which they are not already authorized by law or policy. Collateral Misconduct in Sexual Assault Cases. An investigation into the facts and circumstances surrounding an alleged sexual assault may produce evidence that the victim engaged in misconduct. Collateral misconduct by a sexual assault victim is a significant barrier to reporting because of the victim's fear of punishment. Some reported sexual assaults involve circumstances where the victim may have engaged in some form of misconduct like underage drinking or other related alcohol offenses, adultery, drug abuse, fraternization, or other violations of instructions or orders. In accordance with the Uniform Code of Military Justice, the Manual for Courts-Martial, and Air Force instructions, commanders are responsible for addressing misconduct in a manner that is consistent and appropriate to the circumstances. However, Rule for Courts-Martial 306 permits superior commanders to withhold disciplinary authority from subordinate commanders for individual cases, types of cases, or generally. Pursuant to AFI 51-201, Administration of Military Justice, the authority to dispose of collateral misconduct in sexual assault cases is initially reserved to the special court-martial convening authority. In those cases, the subordinate commander forwards the case file, along with a written recommendation, to the initial disposition authority. The initial disposition authority may dispose of the collateral misconduct himself or herself, or may return the case file to the subordinate commander and permit him or her to take action. |
19.23. Sexual Assault Reporting Options The USAF has two reporting options: unrestricted and restricted reporting. The USAF makes every effort to treat victims of sexual assault with dignity and respect, to protect their privacy to the maximum extent of the law, and provide support, advocacy, and care. Regardless of whether the victim elects restricted or unrestricted reporting, confidentiality of medical information will be maintained. Restricted Reports. The Department of Defense has directed the implementation of confidentiality in the form of a restricted reporting option that enables eligible victims to report allegations of sexual assault to specified personnel, without triggering an investigation. This reporting option is intended to remove barriers to medical care and support while giving the victim additional time and increased control over the release and management of personal information. Only SARCs, SAPR VAs, VVAs, and healthcare personnel may receive restricted reports of sexual assault. If a victim elects this reporting option, a victim may convert a restricted report to an unrestricted report at any time. Chaplains, legal assistance attorneys, and VC entitled to privileged communications will not accept a restricted report of sexual assault. However, in the course of otherwise privileged communications with chaplains, legal assistance attorneys, and VC, a victim may indicate that he or she wishes to file a restricted report. If this occurs, the chaplains, legal assistance attorneys, and VC will facilitate contact with a SARC, SAPR VA, or VVA to ensure that a victim is offered SAPR services. Unrestricted Reports. Any report of a sexual assault made by the victim through normal reporting channels, including the victim's chain of command, law enforcement, and the Air Force Office of Special Investigations or other criminal investigative services, is considered an unrestricted report. If a victim elects this reporting option, a victim will not be permitted to change from unrestricted to a restricted report. The individual to whom an unrestricted report is made will notify the SARC. Any report of sexual assault made through the SARC, SAPR VA, VVA, or healthcare personnel by an individual who elects an unrestricted report and designates so in writing, will be forwarded to the Air Force Office of Special Investigations. In cases of an unrestricted report of a sexual assault or information concerning a sexual assault, information concerning the victim and the offense will only be provided to governmental entities or persons with an established official need to know. Those who are deemed to have an official need to know in the USAF to perform their respective duties, routinely include: law enforcement, commanders, and first sergeants of the victim and the alleged assailant, legal personnel, the SARC, SAPR VA, VVA, and healthcare providers, as required. Commanders notified of a sexual assault through an unrestricted report must take immediate steps to ensure the victim's physical safety, emotional security, and medical treatment needs are met and that the Air Force Office of Special Investigations or appropriate criminal investigative agency and SARC are notified. Reporting Eligibility. The following individuals are eligible for both the restricted and unrestricted reporting option within the SARC program. - RegAF members who were sexual assault victims perpetrated by someone other than the victim's spouse, same sex domestic partner, and/or unmarried intimate partner. - Military members, who are on RegAF status, but who were sexual assault victims prior to enlistment or commissioning, are eligible to receive SAPR services under either reporting option. Support to a member on RegAF status is available regardless of when or where the sexual assault took place. - Service members' dependents, 18 years of age and older, who are eligible for treatment in the military health system at installations in the Continental United States and outside of the Continental United States, and who were sexual assault victims perpetrated by someone other than the victim's spouse, same sex domestic partner, and/or unmarried intimate partner. - Air Force Reserve and Air National Guard members who are sexually assaulted when performing active service and inactive duty training. - Department of Defense civilian employees will have access to full SAPR services that are offered to service members. This does not include additional medical entitlements or legal services to which they are not already authorized by law or policy. Collateral Misconduct in Sexual Assault Cases. An investigation into the facts and circumstances surrounding an alleged sexual assault may produce evidence that the victim engaged in misconduct. Collateral misconduct by a sexual assault victim is a significant barrier to reporting because of the victim's fear of punishment. Some reported sexual assaults involve circumstances where the victim may have engaged in some form of misconduct like underage drinking or other related alcohol offenses, adultery, drug abuse, fraternization, or other violations of instructions or orders. In accordance with the Uniform Code of Military Justice, the Manual for Courts-Martial, and USAF instructions, commanders are responsible for addressing misconduct in a manner that is consistent and appropriate to the circumstances. However, Rule for Courts-Martial 306 permits superior commanders to withhold disciplinary authority from subordinate commanders for individual cases, types of cases, or generally. Pursuant to DAFI 51-201, Administration of Military Justice, 18 January 2019, the authority to dispose of collateral misconduct in sexual assault cases is initially reserved to the special court-martial convening authority. In those cases, the subordinate commander forwards the case file, along with a written recommendation, to the initial disposition authority. The initial disposition authority may dispose of the collateral misconduct himself or herself, or may return the case file to the subordinate commander and permit him or her to take action. |
Section 19D - Addressing Misconduct
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19.16. Corrective Actions Commanders, supervisors, and other persons in authority can issue administrative counseling, admonitions, and reprimands that are intended to improve, correct, and instruct subordinates who depart from standards of performance, conduct, bearing, and integrity, on- or off-duty, and whose actions degrade the individual and the unit mission. Personal Information File. Commanders and supervisors perform many personnel management functions requiring them to keep Personal Information Files (PIF) on assigned personnel. AFI 36-2608, Military Personnel Records System, authorizes the use and maintenance of PIFs by commanders and supervisors. If a PIF is established, use of AF Form 10A, Personnel Information File, Record of Performance; Officer Command Selection Record Group, is required. Custodians must keep PIFs current and secured in a locked area or container to protect against misuse or unauthorized access. The member may gain access to their PIF at any time per AFI 33-332, Air Force Privacy and Civil Liberties Program. Contents of the PIF must be available to commanders, raters, first sergeants, senior raters, Air Force Office of Special Investigations, and Staff Judge Advocate personnel, as warranted. The release and review of the PIF contents in these instances are for official business or routine use. Unfavorable Information File. The Unfavorable Information File (UIF) provides commanders with an official and single means of filing derogatory data concerning an Air Force member's personal conduct and duty performance. With some exceptions, the commander has wide discretion as to what should be placed in a UIF and what should be removed. Mandatory documents in UIFs include suspended or unsuspended Article 15 punishment of more than one month (31 days or more), court-martial conviction, civilian conviction where the penalty or actions equivalent to a finding of guilty of an offense which resulted in confinement of one year or more or could have resulted in a penalty of confinement for more than one year or death, and control roster actions. Optional documents may be included in UIFs for up to one year. Individuals have three duty days to acknowledge and provide pertinent information before the commander makes the final decision. The commander advises the individual of the final decision. If the commander decides to file the information in an UIF, the individual's response is also filed. Unit commanders must review all UIFs within 90 days of assuming or being appointed to command; when individuals are considered for promotion, reenlistment, permanent change of station or assignment, and reclassification or retraining. Commanders also review UIFs annually, with the assistance of the Staff Judge Advocate. Commanders keep the UIF for the disposition period unless early removal is clearly warranted. In the course of their Air Force duties, the following individuals are authorized access to a member's UIF: the member, commander, first sergeant, enlisted performance report reporting and rating officials, force support squadron personnel, inspector general, inspection team, legal office personnel, military equal opportunity personnel, law enforcement personnel, and substance abuse counselors. For additional information regarding the UIF program, refer to AFI 36-2907, Adverse Administrative Actions. Control Roster. Control rosters are used by commanders to establish an observation period as a rehabilitative tool for individuals whose duty performance is substandard or who fail to meet or maintain Air Force standards of conduct, bearing, and integrity, on- or off-duty. Commanders should consider prior incidents, acts, failures, counseling, and rehabilitative efforts when establishing control rosters. A single incident of substandard performance or an isolated breach of standards not likely to be repeated, is not ordinarily a basis for a control roster action. Commanders place an individual on the control roster by using AF Form 1058, Unfavorable Information File Action, which puts the member on notice that his/her performance and behavior must improve or he/she will face more severe administrative action or punishment. The individual acknowledges receipt of the action and has three duty days to respond and submit a statement on his or her behalf before the action is finalized. Placement on the control roster is a mandatory UIF entry and is initially instated for six months, but it can be removed early at the commander's discretion. If a member is not rehabilitated within six months of being placed on the control roster, the commander initiates more severe action. The UIF six-month time period begins the day the AF Form 1058, Unfavorable Information File Action, is finalized and ends at 2400 hours six months later. Note: The control roster is not to be used by commanders as a substitute for more appropriate administrative, judicial, or nonjudicial action. |
19.24. Corrective Actions Commanders, supervisors, and other persons in authority can issue administrative counseling, admonitions, and reprimands that are intended to improve, correct, and instruct subordinates who depart from standards of performance, conduct, bearing, and integrity, on- or off-duty, and whose actions degrade the individual and the unit mission. Personnel Information File. Commanders and supervisors perform many personnel management functions requiring them to keep Personnel Information Files (PIF) on assigned personnel. AFI 36-2608, Military Personnel Records System, 16 April 2021, authorizes the use and maintenance of PIFs by commanders and supervisors. If a PIF is established, use of AF Form 10A, Personnel Information File, Record of Performance; Officer Command Selection Record Group (Folder), is required. Custodians must keep PIFs current and secured in a locked area or container to protect against misuse or unauthorized access. The member may gain access to their PIF at any time per AFI 33-332. Contents of the PIF must be available to commanders, raters, first sergeants, senior raters, Air Force Office of Special Investigations, and Staff Judge Advocate personnel, as warranted. The release and review of the PIF contents in these instances are for official business or routine use. Unfavorable Information File. The Unfavorable Information File (UIF) provides commanders with an official and single means of filing derogatory data concerning a USAF member's personal conduct and duty performance. With some exceptions, the commander has wide discretion as to what should be placed in a UIF and what should be removed. Mandatory documents in UIFs include suspended or unsuspended Article 15 punishment of more than one month (31 days or more), court-martial conviction, civilian conviction where the penalty or actions equivalent to a finding of guilty of an offense which resulted in confinement of one year or more or could have resulted in a penalty of confinement for more than one year or death, and control roster actions. Optional documents may be included in UIFs for up to one year. Individuals have three duty days to acknowledge and provide pertinent information before the commander makes the final decision. The commander advises the individual of the final decision. If the commander decides to file the information in a UIF, the individual's response is also filed. Unit commanders must review all UIFs within 90 days of assuming or being appointed to command; when individuals are considered for promotion, reenlistment, permanent change of station or assignment, and reclassification or retraining. Commanders also review UIFs annually, with the assistance of the Staff Judge Advocate. Commanders keep the UIF for the disposition period unless early removal is clearly warranted. In the course of their USAF duties, the following individuals are authorized access to a member's UIF: the member, commander, first sergeant, enlisted performance report reporting and rating officials, force support squadron personnel, inspector general, inspection team, legal office personnel, military equal opportunity personnel, law enforcement personnel, and substance abuse counselors. For additional information regarding the UIF program, refer to AFI 36-2907, Adverse Administrative Actions, 15 January 2021. Control Roster. Control rosters are used by commanders to establish an observation period as a rehabilitative tool for individuals whose duty performance is substandard or who fail to meet or maintain USAF standards of conduct, bearing, and integrity, on- or off-duty. Commanders should consider prior incidents, acts, failures, counseling, and rehabilitative efforts when establishing control rosters. A single incident of substandard performance or an isolated breach of standards not likely to be repeated, is not ordinarily a basis for a control roster action. Commanders place an individual on the control roster by using AF Form 1058, Unfavorable Information File Action, which puts the member on notice that his/her performance and behavior must improve or he/she will face more severe administrative action or punishment. The individual acknowledges receipt of the action and has three duty days to respond and submit a statement on his or her behalf before the action is finalized. Placement on the control roster is a mandatory UIF entry and is initially instated for six months, but it can be removed early at the commander's discretion. If a member is not rehabilitated within six months of being placed on the control roster, the commander initiates more severe action. The UIF six-month time period begins the day the AF Form 1058 is finalized and ends at 2400 hours six months later. Note: The control roster is not to be used by commanders as a substitute for more appropriate administrative, judicial, or nonjudicial action. |
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19.17. Administrative Counseling, Admonitions, and Reprimands Administrative counseling, admonitions, and reprimands are quality force management tools available to supervisors, commanders, and other persons in authority to help maintain established Air Force standards and enhance mission accomplishment. These tools are intended to improve, correct, and instruct subordinates who depart from standards of performance, conduct, bearing, and integrity on- or off-duty, and whose actions degrade the individual and unit's mission. Counseling, admonitions, and reprimands should be used as part of a graduated pattern of discipline in response to repeated departures from standards. The decision to issue a letter of counseling, admonition, or reprimand should be based primarily on the nature and seriousness of the incident and on the previous disciplinary record of the member. Counseling statements may be either verbal or written, but written corrective actions are more meaningful to the member and the infraction, and when documented properly, may be used in subsequent proceedings. Written administrative counseling, admonitions, and reprimands are subject to the rules of access, protection, and disclosure outlined in the Privacy Act of 1974. The same rules apply to copies kept by supervisors and commanders and those filed in a UIF or PIF. While no specific standard of proof applies to administrative action proceedings, commanders should utilize the "preponderance of the evidence" standard when evaluating whether the evidence establishes that misconduct occurred. A preponderance of the evidence simply means the greater weight of credible evidence. If such proof is lacking, administrative action is susceptible to being found to be legally unsupportable and, as a result, could be set aside. Letter of Counseling and Air Force Form 174, Record of Individual Counseling. Counseling is used by first line supervisors, first sergeants, and commanders to help Airmen use good judgment, assume responsibility, and face and solve problems. Counseling, whether conducted verbally or in writing, helps subordinates develop skills, attitudes, and behaviors consistent with maintaining Air Force readiness. Counseling may be documented on an AF Form 174, Record of Individual Counseling, or on bond paper or letterhead as a letter of counseling. Letter of Admonishment. An admonishment is used to document an infraction that warrants more severe action than a counseling, but not serious enough to warrant a reprimand. For officer personnel, if the letter of admonishment is not filed in the UIF, it must be filed in the individual's PIF. Letter of Reprimand. A reprimand is more severe than a letter of counseling and letter of admonishment, and indicates a stronger degree of official censure. Commanders may elect to file a letter of reprimand in a UIF for enlisted personnel. Letters of reprimand are mandatory for file in the UIF for officer personnel. |
19.25. Administrative Counseling, Admonitions, and Reprimands Administrative counseling, admonitions, and reprimands are quality force management tools available to supervisors, commanders, and other persons in authority to help maintain established USAF standards and enhance mission accomplishment. These tools are intended to improve, correct, and instruct subordinates who depart from standards of performance, conduct, bearing, and integrity on- or off-duty, and whose actions degrade the individual and unit's mission. Counseling, admonitions, and reprimands should be used as part of a graduated pattern of discipline in response to repeated departures from standards. The decision to issue a letter of counseling, admonition, or reprimand should be based primarily on the nature and seriousness of the incident and on the previous disciplinary record of the member. Counseling statements may be either verbal or written, but written corrective actions are more meaningful to the member, and when documented properly, may be used in subsequent proceedings. Written administrative counseling, admonitions, and reprimands are subject to the rules of access, protection, and disclosure outlined in the Privacy Act of 1974. The same rules apply to copies kept by supervisors and commanders and those filed in a UIF or PIF. Preponderance of the evidence is the standard to utilize in administrative action proceedings when evaluating whether the evidence establishes that misconduct occurred. A preponderance of the evidence simply means the greater weight of credible evidence. If such proof is lacking, administrative action is susceptible to being found to be legally unsupportable and, as a result, could be set aside. Letter of Counseling and Air Force Form 174, Record of Individual Counseling. Counseling is used by first line supervisors, first sergeants, and commanders to help Airmen use good judgment, assume responsibility, and face and solve problems. Counseling, whether conducted verbally or in writing, helps subordinates develop skills, attitudes, and behaviors consistent with maintaining USAF readiness. Counseling may be documented on an AF Form 174, Record of Individual Counseling, or on bond paper or letterhead as a letter of counseling. Letter of Admonishment. An admonishment is used to document an infraction that warrants more severe action than a counseling, but not serious enough to warrant a reprimand. For officer personnel, if the letter of admonishment is not filed in the UIF, it must be filed in the individual's PIF. Letter of Reprimand. A reprimand is more severe than a letter of counseling and letter of admonishment, and indicates a stronger degree of official censure. Commanders may elect to file a letter of reprimand in a UIF for enlisted personnel. Letters of reprimand are mandatory for file in the UIF for officer personnel. |
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19.18. Administrative Demotion of Airmen An administrative demotion of Airmen is a process available to commanders. The most common reasons commanders would administratively demote an Airman are for a failure to complete officer transitional training due to reasons of academic deficiency, self-elimination, or misconduct (trainees will be demoted to the grade they formerly held); failure to maintain or attain the appropriate grade and skill level; failure to fulfill the responsibilities as prescribed in AFH 36-2618, The Enlisted Force Structure; failure to attain or maintain fitness program standards as prescribed in AFI 36-2905, Fitness Program; or upon termination of student status of members attending temporary duty Air Force schools. Upon the decision to proceed with an administrative demotion, the immediate commander notifies the member in writing of the intention to recommend demotion, citing the paragraph, the demotion authority if other than the initiating commander, and the recommended grade. The notification must also include the specific reasons for the demotion and a complete summary of the supporting facts. The commander informs the member of their right to counsel, their right to respond within three duty days, and their right to apply for retirement in lieu of demotion, if eligible. Following the member's response, if the commander elects to continue the proceedings, the case file is forwarded with a summary of the member's written and verbal statements to the force support squadron for processing prior to forwarding to the demotion authority. The member must be notified in writing of the decision to forward the action to the demotion authority. The demotion authority obtains a written legal review before making a decision. Airmen may appeal the demotion decision through proper channels. |
19.26. Administrative Demotion of Airmen An administrative demotion of Airmen is a process available to commanders. The most common reasons commanders would administratively demote an Airman are for a failure to complete officer transitional training due to reasons of academic deficiency, self-elimination, or misconduct (trainees will be demoted to the grade they formerly held); failure to maintain or attain the appropriate grade and skill level; failure to fulfill the responsibilities as prescribed in The Little Brown Book, The Enlisted Force Structure, Chapter 4, failure to attain or maintain fitness program standards as prescribed in the DAFMAN 36-2905, Air Force Physical Fitness Program, 26 July 2021; or upon termination of student status of members attending temporary duty USAF schools. Upon the decision to proceed with an administrative demotion, the immediate commander notifies the member in writing of the intention to recommend demotion, citing the paragraph, the demotion authority if other than the initiating commander, and the recommended grade. The notification must also include the specific reasons for the demotion and a complete summary of the supporting facts. The commander informs the member of their right to counsel, their right to respond within three duty days, and their right to apply for retirement in lieu of demotion, if eligible. Following the member's response, if the commander elects to continue the proceedings, the case file is forwarded with a summary of the member's written and verbal statements to the force support squadron for processing prior to forwarding to the demotion authority. The member must be notified in writing of the decision to forward the action to the demotion authority. The demotion authority obtains a written legal review before making a decision. Airmen may appeal the demotion decision through proper channels. |
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19.19. Administrative Separations Airmen are entitled to separate at their expiration of term of service unless there is a specific authority for retention. As a rule, Airmen separate on the date their expiration term of service occurs, but their separation is not automatic. Airmen are members of the Air Force until they are separated by administrative action. Many different reasons for separation exist. The suitability of persons to serve in the Air Force is judged on the basis of their conduct and their ability to meet required standards of duty performance and discipline. Commanders and supervisors must identify enlisted members who show a likelihood for early separation and make reasonable efforts to help these members meet Air Force standards. Members who do not show potential for further service should be discharged. Commanders must consult the servicing Staff Judge Advocate and military personnel flight before initiating the involuntary separation of a member. Required Separation. Airmen who will continue to serve in another military status must separate; for example, an Airman may separate to serve with the Air Force Reserve or Air National Guard. An Airman may also separate to accept an appointment as a commissioned officer of the Air Force or to accept an appointment as a warrant or commissioned officer of another branch of service. Voluntary Separation. Airmen may ask for early separation for the convenience of the government if they meet the criteria. Entering an officer training program, pregnancy, conscientious objection, hardship, and early release to attend school are some of the reasons for which members may be allowed to separate. Involuntary Separation. Physical conditions that interfere with duty performance or assignment availability, inability to cope with parental responsibilities or military duty, or insufficient retainability for required retraining, are reasons for involuntary discharge for the convenience of the government. Defective enlistment (fraudulent or erroneous) is also a basis for discharge. Airmen are subject to discharge for cause based on such factors as unsatisfactory performance, substance abuse, misconduct, or in the interest of national security. |
19.27. Administrative Separations Airmen are entitled to separate at their expiration of term of service unless there is a specific authority for retention. As a rule, Airmen separate on the date their expiration of term of service occurs, but their separation is not automatic. Airmen are members of the USAF until they are separated by administrative action. Many different reasons for separation exist. The suitability of persons to serve in the USAF is judged on the basis of their conduct and their ability to meet required standards of duty performance and discipline. Commanders and supervisors must identify enlisted members who show a likelihood for early separation and make reasonable efforts to help these members meet USAF standards. Members who do not show potential for further service should be discharged. Commanders must consult the servicing Staff Judge Advocate and military personnel flight before initiating the involuntary separation of a member. Required Separation. Airmen who will continue to serve in another military status must separate; for example, an Airman may separate to serve with the Air Force Reserve or Air National Guard. An Airman may also separate to accept an appointment as a commissioned officer of the USAF or to accept an appointment as a warrant or commissioned officer of another branch of service. Voluntary Separation. Airmen may ask for early separation for the convenience of the government if they meet the criteria. Entering an officer training program, pregnancy, conscientious objection, hardship, and early release to attend school are some of the reasons for which members may be allowed to separate. Involuntary Separation. Physical conditions that interfere with duty performance or assignment availability, inability to cope with parental responsibilities or military duty, or insufficient retainability for required retraining, are reasons for involuntary discharge for the convenience of the government. Defective enlistment (fraudulent or erroneous) is also a basis for discharge. Airmen are subject to discharge for cause based on such factors as unsatisfactory performance, substance abuse, misconduct, or in the interest of national security. |
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19.20. Service Characterization Airmen who do not qualify for reenlistment receive a discharge without regard to their remaining military service obligation. The service characterization depends upon the reason for the discharge and the member's military record in the current enlistment or period of service. The service of members administratively discharged under AFI 36-3208, Administrative Separation of Airmen, may be characterized as honorable, general (under honorable conditions), or under other than honorable conditions. Honorable. Members separating at their expiration of term of service, or voluntarily or involuntarily separating for the convenience of the government, are characterized as honorable. An honorable discharge is given when the quality of the member's service generally has met Air Force standards of acceptable conduct and performance of duty, or a member's service is otherwise so meritorious that any other characterization would be inappropriate. General (under honorable conditions). A general (under honorable conditions) discharge is given when a member's service has been determined to be honest and faithful, but significant negative aspects of the member's conduct or performance outweigh positive aspects of the Airman's military record. Under Other Than Honorable Conditions. An under other than honorable conditions discharge is given based a pattern of behavior, or one or more acts or omissions, that constitute a significant departure from the conduct expected of an Airman. This characterization can be given only if the member is offered an administrative discharge board or if a discharge is unconditionally requested in lieu of trial by court-martial. Discharge in Lieu of Trial by Court-Martial. If charges have been preferred against an Airman and if the Uniform Code of Military Justice authorizes punitive discharge as punishment for any of the offenses preferred, the Airman may request an administrative discharge instead of trial by court-martial. There is no guarantee; however, that the Airman's request will be granted. |
19.28. Service Characterization Airmen who do not qualify for reenlistment receive a discharge without regard to their remaining military service obligation. The service characterization depends upon the reason for the discharge and the member's military record in the current enlistment or period of service. The service of members administratively discharged under AFI 36-3208, Administrative Separation of Airmen, 29 June 2021, may be characterized as honorable, general (under honorable conditions), or under other than honorable conditions. Honorable. Members separating at their expiration of term of service, or voluntarily or involuntarily separating for the convenience of the government, are characterized as honorable. An honorable discharge is given when the quality of the member's service generally has met USAF standards of acceptable conduct and performance of duty, or a member's service is otherwise so meritorious that any other characterization would be inappropriate. General (under honorable conditions). A general (under honorable conditions) discharge is given when a member's service has been determined to be honest and faithful, but significant negative aspects of the member's conduct or performance outweigh positive aspects of the Airman's military record. Under Other Than Honorable Conditions. An under other than honorable conditions discharge is given based upon a pattern of behavior, or one or more acts or omissions, that constitute a significant departure from the conduct expected of an Airman. This characterization can be given only if the member is offered an administrative discharge board or if a discharge is unconditionally requested in lieu of trial by court-martial. Discharge in Lieu of Trial by Court-Martial. If charges have been preferred against an Airman and if the Uniform Code of Military Justice authorizes punitive discharge as punishment for any of the offenses preferred, the Airman may request an administrative discharge instead of trial by court-martial. There is no guarantee; however, that the Airman's request will be granted. |
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19.21. Air Force Discharge Review Board The Air Force Discharge Review Board affords former Air Force members the opportunity to request review of their discharge (except for a bad-conduct discharge, dishonorable discharge, or dismissal by general court-martial) within 15 years of the date of separation. The objective of a discharge review is to examine an applicant's administrative discharge and consider changing the characterization of service, the reason for discharge, and the re-enlistment code (when applicable), based on standards of propriety or equity. Airmen separated under circumstances (except retirement) that make them ineligible for reenlistment, and officers discharged under adverse conditions, are briefed by the military personnel section at the time of their discharge about the discharge review board process. They are provided with a discharge review fact sheet and an application, DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States. A personal appearance before the discharge review board is a statutory right. The applicant or the applicant's counsel may appear before the board or address the board via video teleconference. Procedures allow the applicant latitude in presenting evidence, witnesses, and testimony in support of the applicant's case. A board may also review the case based on documentation in the military record and any additional evidence provided by the applicant. |
19.29. Air Force Discharge Review Board The Air Force Discharge Review Board affords former USAF members the opportunity to request review of their discharge (except for a bad-conduct discharge, dishonorable discharge, or dismissal by general court-martial) within 15 years of the date of separation. The objective of a discharge review is to examine an applicant's administrative discharge and consider changing the characterization of service, the reason for discharge, and the re-enlistment code (when applicable), based on standards of propriety or equity. Airmen separated under circumstances (except retirement) that make them ineligible for reenlistment, and officers discharged under adverse conditions, are briefed by the military personnel section at the time of their discharge about the discharge review board process. They are provided with a discharge review fact sheet and an application, DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States. A personal appearance before the discharge review board is a statutory right. The applicant or the applicant's counsel may appear before the board or address the board via video teleconference. Procedures allow the applicant latitude in presenting evidence, witnesses, and testimony in support of the applicant's case. A board may also review the case based on documentation in the military record and any additional evidence provided by the applicant. |
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19.22. Air Force Board for Correction of Military Records The Air Force Board for Correction of Military Records is the highest level of administrative review for correcting military records. In most cases, applicants are members or former members of the Air Force. In some situations, a family member, heir, or legal representative (such as a guardian or executor) of the member or former member with a proper interest, may request correction of another person's military records when that person is incapable of acting on his or her own behalf, is missing, or is deceased. With a few exceptions, most records generated by the Air Force may be corrected by the board. Records addressed for change include, but are not limited to: enlisted performance reports, fitness test results, debts incurred, discharges and reenlistment/reentry eligibility codes, survivor benefit plans, accumulated leave days, Article 15 actions, and reinstatement into the Air Force. Records may be changed, voided, or created as necessary to correct an error or to remove an injustice. Applicable monetary benefits are recomputed based on the records changed. The board is a recommending body and will vote to grant, partially grant, or deny the requested relief. If the board recommends favorable relief, the case is forwarded to the Secretary of the Air Force's designee for final decision. Unless procured by fraud, their decision is final and binding on all Air Force officials and government agencies. Personal appearance to present an application to the Air Force Board for Correction of Military Records is not a statutory right and is granted solely at the discretion of the board, predicated on the finding the applicant's presence, without or without counsel, and will materially add to the board's understanding of the issue(s) involved. Information on the board's authority, jurisdiction, and policy can be found in AFI 36-2603, Air Force Board for Correction of Military Records. Note: Applicants must exhaust other reasonably available administrative avenues of relief prior to applying to the Air Force Board for Correction of Military Records. If other administrative remedies have not been properly exhausted before applying, the application, DD Form 149, Application for Correction of Military Record Under the Provisions of Title 10, United States Code, Section 1552, will be returned without action. |
19.30. Air Force Board for Correction of Military Records The Air Force Board for Correction of Military Records is the highest level of administrative review for correcting military records. In most cases, applicants are members or former members of the USAF. In some situations, a family member, heir, or legal representative (such as a guardian or executor) of the member or former member with a proper interest, may request correction of another person's military records when that person is incapable of acting on his or her own behalf, is missing, or is deceased. With a few exceptions, most records generated by the USAF may be corrected by the board. Records addressed for change include, but are not limited to: enlisted performance reports, fitness test results, debts incurred, discharges and reenlistment/reentry eligibility codes, survivor benefit plans, accumulated leave days, Article 15 actions, and reinstatement into the USAF. Records may be changed, voided, or created as necessary to correct an error or to remove an injustice. Applicable monetary benefits are recomputed based on the records changed. The board is a recommending body and will vote to grant, partially grant, or deny the requested relief. If the board recommends favorable relief, the case is forwarded to the Secretary of the Air Force or their designee for final decision. Unless procured by fraud, their decision is final and binding on all USAF officials and government agencies. Personal appearance to present an application to the Air Force Board for Correction of Military Records is not a statutory right and is granted solely at the discretion of the board, predicated on finding the applicant's presence, with or without counsel, will materially add to the board's understanding of the issue(s) involved. Information on the board's authority, jurisdiction, and policy can be found in AFI 36-2603, Air Force Board for Correction of Military Records (AFBCMR), 18 September 2017. Note: Applicants must exhaust other reasonably available administrative avenues of relief prior to applying to the AFBCMRs. If other administrative remedies have not been properly exhausted before applying, the application, DD Form 149, Application for Correction of Military Record Under the Provisions of Title 10, United States Code, Section 1552, will be returned without action. |
13 Feb 2022. The 2021 Air Force Handbook is not available. The E-5 and E-6 Study Guides were released and posted to the official Air Force website (https://www.studyguides.af.mil/) on 1 Feb 2022. This website was updated using the content from the E-6 Study Guide under the assumption that because both study guides were excerpts taken from the Air Force Handbook, they would be the same. However, there are differences between the two study guides as noted below. Questions related to these differences have been removed or edited, if necessary, to avoid conflict and ensure accuracy. The phrase, "Air Force" was replaced globally by "USAF" in the E-5 Study Guide. The phrase, "Regular Air Force", was replaced by "RegAF".
Although the content in the E-5 and E-6 Study Guides is largely the same, the paragraph numbering for all paragraphs in Chapter 19, Enforcing Military Standards, is different. All questions in this chapter were updated to show both references.
Differences between E-5 and E-6 Study Guides
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2021 E5 Study Guide 19.11. Public Statements As representatives of the service in both official and unofficial contact with the public, members have many opportunities to contribute to positive public opinion toward the USAF. Each USAF member is responsible for obtaining the necessary review and clearance, starting with public affairs, before releasing any proposed statement, text, or imagery to the public. This includes digital products being loaded on an unrestricted website. Members must ensure the information revealed, whether official or unofficial, is appropriate for release according to classification requirements in DoDM5200.01V1_AFMAN16-1404V1. |
2021 E6 Study Guide 19.3. Public Statements As representatives of the service in both official and unofficial contact with the public, members have many opportunities to contribute to positive public opinion toward the Air Force. Each Air Force member is responsible for obtaining the necessary review and clearance, starting with public affairs, before releasing any proposed statement, text, or imagery to the public. This includes digital products being loaded on an unrestricted website. Members must ensure the information revealed, whether official or unofficial, is appropriate for release according to classification requirements in DoD Instruction 5200.01, Department of Defense Information Security Program and Protection of Sensitive Compartmented Information, and AFPD 16-14, Security Enterprise Governance. |
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2021 E5 Study Guide 19.13. Political Activities Examples of political activities that may be prohibited or associated with restrictions include: political rallies, speaking engagements, contributions, endorsements, sponsorship, campaigns, and demonstrations. Before engaging in any political activities, be sure to review applicable USAF instructions and guidance. AFI 51-508 provides detailed information on what USAF members may or may not be allowed to do regarding political activities. DoD Directive 1344.10, Political Activities by Members of the Armed Forces, 19 February 2008, includes guidance on political activities for all U.S. Armed Forces. Also reference DAFI 52-201, Religious Freedom in the Department of the Air Force, 23 June 2021. |
2021 E6 Study Guide 19.5. Political Activities Examples of political activities that may be prohibited or associated with restrictions include: political rallies, speaking engagements, contributions, endorsements, sponsorship, campaigns, and demonstrations. Before engaging in any political activities, be sure to review applicable Air Force instructions and guidance. AFI 51-508, Political Activities, Free Speech and Freedom of Assembly of Air Force Personnel, provides detailed information on what Air Force members may or may not be allowed to do regarding political activities. DoD Directive 1344.10, Political Activities by Members of the Armed Forces, includes guidance on political activities for all U.S. Armed Forces. |
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2021 E5 Study Guide 19.14. Alcohol Abuse |
2021 E6 Study Guide 19.6. Alcohol Abuse |
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2021 E5 Study Guide 19.18. Equal Opportunity |
2021 E6 Study Guide 19.10. Equal Opportunity |
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2021 E5 Study Guide 19.21. Civilian Equal Opportunity Complaint Process |
2021 E6 Study Guide 19.13. Civilian Equal Opportunity Complaint Process |
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2021 E5 Study Guide 19.25. Administrative Counseling, Admonitions, and Reprimands Counseling statements may be either verbal or written, but written corrective actions are more meaningful to the member and the infraction, and when documented properly, may be used in subsequent proceedings. Written administrative counseling, admonitions, and reprimands are subject to the rules of access, protection, and disclosure outlined in the Privacy Act of 1974. The same rules apply to copies kept by supervisors and commanders and those filed in a UIF or PIF. Preponderance of the evidence is the standard to utilize in administrative action proceedings when evaluating whether the evidence establishes that misconduct occurred. A preponderance of the evidence simply means the greater weight of credible evidence. If such proof is lacking, administrative action is susceptible to being found to be legally unsupportable and, as a result, could be set aside. |
2021 E6 Study Guide 19.17. Administrative Counseling, Admonitions, and Reprimands Counseling statements may be either verbal or written, but written corrective actions are more meaningful to the member and the infraction, and when documented properly, may be used in subsequent proceedings. Written administrative counseling, admonitions, and reprimands are subject to the rules of access, protection, and disclosure outlined in the Privacy Act of 1974. The same rules apply to copies kept by supervisors and commanders and those filed in a UIF or PIF. While no specific standard of proof applies to administrative action proceedings, commanders should utilize the "preponderance of the evidence" standard when evaluating whether the evidence establishes that misconduct occurred. A preponderance of the evidence simply means the greater weight of credible evidence. If such proof is lacking, administrative action is susceptible to being found to be legally unsupportable and, as a result, could be set aside. |
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2021 E5 Study Guide 19.26. Administrative Demotion of Airmen |
2021 E6 Study Guide 19.18. Administrative Demotion of Airmen |
Differences between E-6 Study Guide and 2019 Air Force Handbook
This chapter, Enforcing Military Standards, was taken from AFH-1 2019 version, Chapter 20, Inspections and Military Standards.
Section 19B, Individual Accountability
Paragraph 19.1. Enforcing Standards: This section was derived from Section A, paragraph 20.8., Reporting Inspection Findings, and Section B, paragraph 20.9., Enforcing Standards.
Paragraph 19.2. Commander's Authority and Responsibility: No changes
Paragraph 19.3. Public Statements: Name of AFI 35-101 changed.
Paragraph 19.4. Free Exercise of Religion and Religious Accommodation: No changes
Paragraph 19.5. Political Activities: No changes
Paragraph 19.6. Alcohol Abuse: The reference listed in the 2019 version (paragraph 20.14.) was "AFMAN 31-116, Air Force Motor Vehicle Traffic Supervision". In the current version, it changed to AFI 31-218, Motor Vehicle Traffic Supervision. In addition, a sentence was added that introduced the term, "per se impaired" for the first time: "A person with a blood alcohol concentration greater than .08 is considered per se impaired, even without any other evidence."
Paragraph 19.7. Substance Use/Misuse: Minor editing
Paragraph 19.8. Drug Testing: Minor editing
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2021 E6 Study Guide 19.1. Enforcing Standards Enforcing military standards begins with individual accountability. There are some activities and behaviors that, while arguably not illegal, are nevertheless inconsistent with maintaining good order and discipline. Understanding the restrictions and our responsibilities for adhering to Air Force standards will help prevent the need to reinforce these standards. The Air Force Complaints Resolution Program. The Air Force Complaints Resolution Program is a leadership tool that indicates where command involvement is needed to correct systematic, programmatic, or procedural weaknesses. Resolving the underlying cause of a complaint may prevent more severe symptoms or costly consequences, such as reduced performance, accidents, poor quality work, or poor morale. The program also ensures the effective and efficient use of resources, resolves problems affecting the Air Force mission promptly and objectively, creates an atmosphere of trust in which issues can be objectively and fully resolved without retaliation or fear of reprisal, and assists commanders in instilling confidence in Air Force leadership. Even though allegations may not be substantiated, the evidence or investigation findings may reveal Submitting Complaints. Under the Air Force Complaints Resolution Program, a member has the right to present a complaint without fear of reprisal and codified in Department of Defense and Air Force guidance directives and instructions. Complaints may be submitted in person, by phone, through electronic means, or in writing to supervisors, first sergeants, commanders, members of any level of the IG system, someone higher in the chain of command, or members of Congress. While members should attempt to resolve complaints at the lowest possible level before addressing them to higher level command or the IG, member from making a lawful communication to an IG or member of Congress. In addition to having the right to present personal complaints, a member has the responsibility to report FWA, or gross mismanagement; a violation of law, policy, procedures, instructions, or regulations; an injustice; any abuse of authority; inappropriate conduct; or misconduct through appropriate supervisory channels or the IG. Note: Only the IG may investigate allegations of reprisal and restriction under the Military Whistleblower's Protection Act. Complaints Generally Handled Outside the Air Force Complaints Resolution Program. Matters normally addressed through other established grievance or appeal channels may be referred back to the appropriate grievance or appeal channel unless there is evidence these channels mishandled the matter or process. Complainants must provide some relevant evidence that the process was mishandled or handled prejudicially before an IG channel will process a complaint of mishandling. Dissatisfaction or disagreement with the outcome or findings of an alternative grievance or appeal process is not a sufficient basis to warrant an IG investigation. For additional information on procedures for filing an IG complaint and further details regarding the program, refer to AFI 90-301, Inspector General Complaints Resolution. |
2019 AFH-1 20.8. Reporting Inspection Findings Enforcing military standards begins with individual accountability. There are some activities and behaviors that, while arguably not illegal, are not in alignment with maintaining good order and discipline. Understanding the restrictions and our responsibilities for adhering to Air Force standards will help prevent the need to reinforce these standards. The Air Force Complaints Resolution Program. The Air Force Complaints Resolution Program is a leadership tool that indicates where command involvement is needed to correct systematic, programmatic, or procedural weaknesses. Resolving the underlying cause of a complaint may prevent more severe symptoms or costly consequences, such as reduced performance, accidents, poor quality work, or poor morale. The program also ensures the effective and efficient use of resources, resolves problems affecting the Air Force mission promptly and objectively, creates an atmosphere of trust in which issues can be objectively and fully resolved without retaliation or fear of reprisal, and assists commanders in instilling confidence in Air Force leadership. Even though allegations may not be substantiated, the evidence or investigation findings may reveal systemic, morale, or other problems impeding efficiency and mission effectiveness. Submitting Complaints. Under the Air Force Complaints Resolution Program, a member has the right to present a complaint without fear of reprisal under public law and codified in Department of Defense and Air Force guidance directives and instructions. Complaints may be submitted in person, by phone, through electronic means, or in writing to supervisors, first sergeants, commanders, members of any level of the IG system, someone higher in the chain of command, or members of Congress. While members should attempt to resolve complaints at the lowest possible level before addressing them to higher level command or the IG, public law states that no person may restrict a member from making a lawful communication to an IG or member of Congress. In addition to having the right to present personal complaints, a member has the responsibility to report FWA, or gross mismanagement; a violation of law, policy, procedures, instructions, or regulations; an injustice; any abuse of authority; inappropriate conduct; or misconduct through appropriate supervisory channels or the IG. Note: Only the IG may investigate allegations of reprisal and restriction under the Military Whistleblower's Protection Act. Complaints generally handled outside the Air Force Complaints Resolution Program. Matters normally addressed through other established grievance or appeal channels are not covered under the IG Complaint Resolution Program unless there is evidence these channels mishandled the matter or process. Complainants must provide some relevant evidence that the process was mishandled or handled prejudicially before an IG channel will process a complaint of mishandling. Dissatisfaction or disagreement with the outcome or findings of an alternative grievance or appeal process is not a sufficient basis to warrant an IG investigation. For additional information on procedures for filing an IG complaint and further details regarding the program, refer to AFI 90-301, Inspector General Complaints Resolution. |
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2021 E6 Study Guide 19.2. Commander's Authority and Responsibility While preserving an Airman's right of expression to the maximum extent possible, Air Force commanders have the inherent authority and responsibility to take action to ensure the mission is performed. This authority and responsibility includes placing lawful restriction on engaging in dissident and protest activities; writing, distributing, publishing, or posting any unauthorized material; frequenting establishments that have been designated as 'off limits'; participating in any activities of illegal discrimination or any activities that a commander finds to be detrimental to good order, discipline, or mission accomplishment; interfering with the Air Force mission or law and order; or presenting a clear danger to loyalty, discipline, or morale of members of the U.S. Armed Forces. |
2019 AFH-1 20.10. Commander's Authority and Responsibility While preserving an Airman's right of expression to the maximum extent possible, Air Force commanders have the inherent authority and responsibility to take action to ensure the mission is performed. This authority and responsibility includes placing lawful restriction on engaging in dissident and protest activities; writing, distributing, publishing, or posting any unauthorized material; frequenting establishments that have been designated as 'off limits'; participating in any activities of illegal discrimination or any activities that a commander finds to be detrimental to good order, discipline, or mission accomplishment; interfering with the Air Force mission or law and order; or presenting a clear danger to loyalty, discipline, or morale of members of the U.S. Armed Forces. |
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2021 E6 Study Guide 19.3. Public Statements According to AFI 1-1, Air Force Standards, the issuance of public statements on official Air Force matters is the responsibility of cognizant unit or installation commanders and their public affairs representatives. Ensuring that official statements are properly worded and approved, avoids statements that do not reflect official Air Force policy or that could be misleading to the public if taken out of context. To ensure Air Force official information is presented professionally, personnel should make certain it is accurate, prompt, and factual; is confined to their particular areas of expertise; avoids a hypothetical and speculative nature; accurately reflects Air Force policy; is presented simply and honestly; and complies with the spirit and letter of the Secretary of Defense's principles for public information. For additional information, refer to AFI 35-101, Public Affairs Operations. As representatives of the service in both official and unofficial contact with the public, members have many opportunities to contribute to positive public opinion toward the Air Force. Each Air Force member is responsible for obtaining the necessary review and clearance, starting with public affairs, before releasing any proposed statement, text, or imagery to the public. This includes digital products being loaded on an unrestricted website. Members must ensure the information revealed, whether official or unofficial, is appropriate for release according to classification requirements in DoD Instruction 5200.01, Department of Defense Information Security Program and Protection of Sensitive Compartmented Information, and AFPD 16-14, Security Enterprise Governance. |
2019 AFH-1 20.11. Public Statements According to AFI 1-1, Air Force Standards, the issuance of public statements on official Air Force matters is the responsibility of cognizant unit or installation commanders and their public affairs representatives. Ensuring that official statements are properly worded and approved, avoids statements that do not reflect official Air Force policy or that could be misleading to the public if taken out of context. To ensure Air Force official information is presented professionally, personnel should make certain it is accurate, prompt, and factual; is confined to their particular areas of expertise; avoids a hypothetical and speculative nature; accurately reflects Air Force policy; is presented simply and honestly; and complies with the spirit and letter of the Secretary of Defense's principles for public information. For additional information, refer to AFI 35-101, Public Affairs Responsibilities and Management. As representatives of the service in both official and unofficial contact with the public, members have many opportunities to contribute to positive public opinion toward the Air Force. Each Air Force member is responsible for obtaining the necessary review and clearance, starting with public affairs, before releasing any proposed statement, text, or imagery to the public. This includes digital products being loaded on an unrestricted website. Members must ensure the information revealed, whether official or unofficial, is appropriate for release according to classification requirements in DoD Instruction 5200.01, Department of Defense Information Security Program and Protection of Sensitive Compartmented Information, and AFPD 16-14, Security Enterprise Governance. |
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2021 E6 Study Guide 19.4. Free Exercise of Religion and Religious Accommodation Every Airman has the right to individual expressions of sincerely held beliefs, to include conscience, moral principles or religious beliefs, unless those expressions would have an adverse impact on military readiness, unit cohesion, good order, discipline, health and safety, or mission accomplishment. According to AFI 1-1, Air Force Standards, leaders at all levels must balance constitutional protections for their own free exercise of religion, including individual expressions of religious beliefs, and the constitutional prohibition against governmental establishment of religion. They must ensure their words and actions cannot reasonably be construed to be officially endorsing, disapproving, or extending preferential treatment for any faith, belief, or absence of belief. Airmen requesting religious accommodation must continue to comply with directives, instructions, and lawful orders until the request is approved. If the request is not approved, the decision must be based on the facts presented; must directly relate to the compelling government interest of military readiness, unit cohesion, good order, discipline, health, safety, or mission accomplishment; and must be by the least restrictive means necessary to avoid the adverse impact. |
2019 AFH-1 20.12. Free Exercise of Religion and Religious Accommodation Every Airman has the right to individual expressions of sincerely held beliefs, to include conscience, moral principles or religious beliefs, unless those expressions would have an adverse impact on military readiness, unit cohesion, good order, discipline, health and safety, or mission accomplishment. According to AFI 1-1, Air Force Standards, leaders at all levels must balance constitutional protections for their own free exercise of religion, including individual expressions of religious beliefs, and the constitutional prohibition against governmental establishment of religion. They must ensure their words and actions cannot reasonably be construed to be officially endorsing, disapproving, or extending preferential treatment for any faith, belief, or absence of belief. Airmen requesting religious accommodation must continue to comply with directives, instructions, and lawful orders until the request is approved. If the request is not approved, the decision must be based on the facts presented; must directly relate to the compelling government interest of military readiness, unit cohesion, good order, discipline, health, safety, or mission accomplishment; and must be by the least restrictive means necessary to avoid the adverse impact. |
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2021 E6 Study Guide 19.5. Political Activities According to AFI 1-1, Air Force Standards, generally, as an individual, you enjoy the same rights and have the same responsibilities as other citizens. However, as a member of the U.S. Air Force, the manner in which you exercise your rights is limited in some cases. While on Regular Air Force status, members are prohibited from engaging in certain political activities to maintain good order and discipline and to avoid conflicts of interest and the appearance of improper endorsement in political matters. While Air Force members do have the right and duty as American citizens to vote and voice opinions concerning political matters, we must be careful that personal opinions and activities are not directly, or by implication, represented as those of the Air Force. Examples of political activities that may be prohibited or associated with restrictions include: political rallies, speaking engagements, contributions, endorsements, sponsorship, campaigns, and demonstrations. Before engaging in any political activities, be sure to review applicable Air Force instructions and guidance. AFI 51-508, Political Activities, Free Speech and Freedom of Assembly of Air Force Personnel, provides detailed information on what Air Force members may or may not be allowed to do regarding political activities. DoD Directive 1344.10, Political Activities by Members of the Armed Forces, includes guidance on political activities for all U.S. Armed Forces. |
2019 AFH-1 20.13. Political Activities According to AFI 1-1, Air Force Standards, generally, as an individual, you enjoy the same rights and have the same responsibilities as other citizens. However, as a member of the U.S. Air Force, the manner in which you exercise your rights is limited in some cases. While on Regular Air Force status, members are prohibited from engaging in certain political activities to maintain good order and discipline and to avoid conflicts of interest and the appearance of improper endorsement in political matters. While Air Force members do have the right and duty as American citizens to vote and voice opinions concerning political matters, we must be careful that personal opinions and activities are not directly, or by implication, represented as those of the Air Force. Examples of political activities that may be prohibited or associated with restrictions include: political rallies, speaking engagements, contributions, endorsements, sponsorship, campaigns, and demonstrations. Before engaging in any political activities, be sure to review applicable Air Force instructions and guidance. AFI 51-508, Political Activities, Free Speech and Freedom of Assembly of Air Force personnel, provides detailed information on what Air Force members may or may not be allowed to do regarding political activities. DoD Directive 1344.10, Political Activities by Members of the Armed Forces, includes guidance on political activities for all U.S. Armed Forces. |
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2021 E6 Study Guide 19.6. Alcohol Abuse Air Force policy recognizes that alcohol abuse negatively affects public behavior, duty performance, and physical and mental health. The Air Force provides comprehensive clinical assistance to eligible beneficiaries seeking help for an alcohol problem. According to AFI 1-1, Air Force Standards, Air Force policy is to prevent alcohol abuse and alcoholism among its personnel and dependents; to assist Air Force personnel in resolving alcohol-related problems; and to ensure humane management and administrative disposition of those who are unable or unwilling to be restored to full, effective functioning. All Airmen are responsible for exercising good judgment in the use of alcohol. State and foreign country drinking age laws, including those in a deployed environment, must be obeyed both on- and off-duty. Use of alcohol must not adversely affect duty performance or conduct on- or off-duty, to include the ability to be recalled, if specifically required,(when serving in an on-call status) during scheduled off-duty time. Drunk Driving. Drunk driving can lead to disciplinary action, including criminal prosecution under the Uniform Code of Military Justice (UCMJ) and local and state criminal laws. AFI 31-218, Motor Vehicle Traffic Supervision, applies to everyone with military installation driving privileges. A person with a blood alcohol concentration greater than .08 is considered per se impaired, even without any other evidence. If a member has a blood alcohol percentage of 0.05 but less than 0.08, the person may be presumed to be impaired. This standard may be considered with other competent evidence in determining whether the person is under the influence of alcohol. There is a one-year driving privilege suspension for driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor at a blood alcohol concentration of 0.08 percent or greater. |
2019 AFH-1 20.14. Alcohol Abuse Air Force policy recognizes that alcohol abuse negatively affects public behavior, duty performance, and physical and mental health. The Air Force provides comprehensive clinical assistance to eligible beneficiaries seeking help for an alcohol problem. According to AFI 1-1, Air Force Standards, Air Force policy is to prevent alcohol abuse and alcoholism among its personnel and dependents; to assist Air Force personnel in resolving alcohol-related problems; and to ensure humane management and administrative disposition of those who are unable or unwilling to be restored to full, effective functioning. All Airmen are responsible for exercising good judgment in the use of alcohol. State and foreign country drinking age laws, including those in a deployed environment, must be obeyed both on- and off-duty. Use of alcohol must not adversely affect duty performance or conduct on- or off-duty, to include the ability to be recalled, if specifically required, (when serving in an on-call status) during scheduled off-duty time. Drunk Driving. Alcohol abuse, such as driving while intoxicated, can lead to disciplinary action, including criminal prosecution under the Uniform Code of Military Justice (UCMJ) and local and state criminal laws. AFMAN 31-116, Air Force Motor Vehicle Traffic Supervision, applies to everyone with military installation driving privileges. If a member has a blood alcohol percentage of 0.05 but less than 0.08, the person is presumed to be impaired. This standard may be considered with other competent evidence in determining whether the person is under the influence of alcohol. There is a one-year driving privilege suspension for driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor 0.08 percent or greater. |
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2021 E6 Study Guide 19.7. Substance Use/Misuse Department of Defense policy is to prevent and eliminate problematic substance use in the Department of Defense. Substance use and abuse is incompatible with Air Force core values, maintenance of high standards of behavior, performance, readiness, and the discipline necessary to accomplish the Air Force mission. Additionally, substance abuse and misuse can cause serious physical and mental health problems and jeopardize safety. According to AFI 1-1, Air Force Standards, the illegal use of drugs, or improper use of legal drugs, is prohibited and will not be tolerated. In AFI 90-507, Military Drug Demand Reduction Program, drug abuse is described as the wrongful use, possession, distribution, or introduction onto a military installation or other property or facility under military supervision, of a controlled substance, prescription medication, over-the-counter medication, or intoxicating substance (other than alcohol). "Wrongful" means without legal justification or excuse, and includes use contrary to the directions of the manufacturer or prescribing healthcare provider, and use of any intoxicating substance not intended for human ingestion. Drug abuse also includes inhalant abuse (sometimes referred to as huffing) and steroid use, other than that specifically prescribed by a competent medical authority. Violators are subject to punitive action under the UCMJ as well as adverse administrative actions, up to and including administrative separation. The knowing use of any intoxicating substance (other than the lawful use of alcohol, tobacco products, or prescription drugs), which is inhaled, injected, consumed, or introduced into the body in any manner to alter mood or function, is prohibited and will not be tolerated. The possession of an intoxicating substance with the intent to use in a manner that would alter mood or function, without legal authorization, is prohibited and will not be tolerated. Failure by military personnel to comply with these prohibitions may result in prosecution under the UCMJ or state and local laws, as well as adverse administrative actions up to and including administrative separation. Note: Air Force members with substance abuse problems are encouraged to seek assistance from the unit commander, first sergeant, substance abuse counselor, or a military medical professional through the Alcohol and Drug Abuse Prevention and Treatment (ADAPT) Program. ADAPT and drug demand reduction programs include substance use/misuse prevention, education, treatment, and urinalysis testing. Members are held to the highest standards of discipline and behavior, both on- and off-duty. All patients diagnosed with a substance use disorder and entered into ADAPT will be recommended for limited duty, indicating the patient is not worldwide qualified. Individuals who experience problems related to substance use/misuse will receive counseling and treatment as needed; however, all Air Force members are held accountable for unacceptable behavior. Commander's Identification. Unit commanders will refer all service members for assessment when substance use or misuse is suspected to be a contributing factor in any misconduct. Examples include: driving under the influence, public intoxication, drunk and disorderly conduct, spouse or child abuse and maltreatment, underage drinking, positive drug test, or when notified by medical personnel. Commanders who fail to comply with this requirement place the member at increased risk for developing severe substance problems, and may jeopardize the safety of others and ultimately mission accomplishment. |
2019 AFH-1 20.15. Substance Use/Misuse Department of Defense policy is to prevent and eliminate problematic substance use in the Department of Defense. Substance use and abuse is incompatible with Air Force core values, maintenance of high standards of behavior, performance, readiness, and the discipline necessary to accomplish the Air Force mission. Additionally, substance abuse and misuse can cause serious physical and mental health problems and jeopardize safety. According to AFI 1-1, Air Force Standards, the illegal use of drugs, or improper use of legal drugs, is prohibited and will not be tolerated. In AFI 90-507, Military Drug Demand Reduction Program, drug abuse is described as the wrongful use, possession, distribution, or introduction onto a military installation or other property or facility under military supervision, of a controlled substance, prescription medication, over-the-counter medication, or intoxicating substance (other than alcohol). "Wrongful" means without legal justification or excuse, and includes use contrary to the directions of the manufacturer or prescribing healthcare provider, and use of any intoxicating substance not intended for human ingestion. Drug abuse also includes inhalant abuse (sometimes referred to as -huffing) and steroid usage, other than that specifically prescribed by a competent medical authority. Violators are subject to punitive action under the UCMJ and adverse administrative actions. The knowing use of any intoxicating substance (other than the lawful use of alcohol, tobacco products, or prescription drugs), which is inhaled, injected, consumed, or introduced into the body in any manner to alter mood or function, is prohibited and will not be tolerated. The possession of an intoxicating substance with the intent to use in a manner that would alter mood or function, without legal authorization, is prohibited and will not be tolerated. Failure by military personnel to comply may be a violation of Article 92, UCMJ, resulting in a less than honorable discharge from military service and criminal prosecution under the UCMJ and local and state criminal laws. Note: Air Force members with substance abuse problems are encouraged to seek assistance from the unit commander, first sergeant, substance abuse counselor, or a military medical professional through the Alcohol and Drug Abuse Prevention and Treatment (ADAPT) Program. ADAPT and drug demand reduction programs include substance use/misuse prevention, education, treatment, and urinalysis testing. Members are held to the highest standards of discipline and behavior, both on- and off-duty. All patients diagnosed with a substance use disorder and entered into ADAPT will be recommended for limited duty, indicating the patient is not worldwide qualified. Individuals who experience problems related to substance use/misuse will receive counseling and treatment as needed; however, all Air Force members are held accountable for unacceptable behavior. Commander's Identification. Unit commanders will refer all service members for assessment when substance use or misuse is suspected to be a contributing factor in any misconduct. Examples include: driving under the influence, public intoxication, drunk and disorderly, spouse or child abuse and maltreatment, underage drinking, positive drug test, or when notified by medical personnel. Commanders who fail to comply with this requirement place the member at increased risk for developing severe substance problems, and may jeopardize the safety of others and ultimately mission accomplishment. |
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2021 E6 Study Guide 19.8. Drug Testing The Air Force conducts drug testing of personnel according to AFI 90-507, Military Drug Demand Reduction Program. Drug testing is an effective deterrent for the illegal use of drugs; therefore, Air Force military members are subject to testing regardless of grade, status, or position. Military members may receive an order or may voluntarily consent to provide urine samples at any time. Military members who fail to comply with an order to provide a urine sample are subject to punitive action under the UCMJ. Note: Commander-directed testing should only be used as a last resort because the results may not be used for disciplinary action under the UCMJ or to characterize an administrative discharge. Inspection under Military Rule of Evidence 313. In general, an inspection is an examination conducted as an incident of command, the primary purpose of which is to determine and ensure the security, military fitness, or good order and discipline of a unit, organization, or installation. Inspections may utilize any reasonable natural or technological aid and may be conducted with or without notice to those inspected. The positive result of a urine sample may be used to refer a member for a substance use evaluation, as evidence to support disciplinary action under the UCMJ or administrative discharge action, and as a consideration on the issue of characterization of discharge in administrative discharges. Probable Cause Search under Military Rule of Evidence 315. A probable cause search requires a search and seizure authorization from the appropriate commander, military judge, or military magistrate in order to seize a urine specimen. Probable cause exists when there is a reasonable belief that evidence of illegal drug use will be found in the system of the member to be tested. Results may be used as evidence to support disciplinary action under the UCMJ, or in an administrative discharge action. Medical Purposes. Results of any examination conducted for a valid medical purpose, including emergency medical treatment, periodic physical examination, and other such examinations necessary for diagnostic or treatment purposes, may be used to identify drug abusers. Results may be used as evidence to support disciplinary action under the UCMJ or in administrative discharge action. Self-identification. Air Force members (not currently under investigation or pending action), with alcohol problems, substance use problems, or personal drug use or possession, are encouraged to seek assistance from the unit commander, first sergeant, substance use counselor, or a military medical professional. Following an assessment, the ADAPT program manager will consult with the treatment team and determine an appropriate clinical course of action. Commanders may not use voluntary self-identification of a substance use problem against a member in an action under the UCMJ or when determining the appropriate characterization of service in an administrative discharge action. |
2019 AFH-1 20.16. Drug Testing The Air Force conducts drug testing of personnel according to AFI 90-507, Military Drug Demand Reduction Program. Drug testing is an effective deterrent for the illegal use of drugs; therefore, Air Force military members are subject to testing regardless of grade, status, or position. Military members may receive an order or may voluntarily consent to provide urine samples at any time. Military members who fail to comply with an order to provide a urine sample are subject to punitive action under the UCMJ. Note: Commander-directed testing should only be used as a last resort because the results may not be used for disciplinary action under the UCMJ or to characterize an administrative discharge. Inspection under Military Rule of Evidence 313. In general, an inspection is an examination conducted as an incident of command, the primary purpose of which is to determine and ensure the security, military fitness, or good order and discipline of a unit, organization, or installation. Inspections may utilize any reasonable natural or technological aid and may be conducted with or without notice to those inspected. The positive result of a urine sample may be used to refer a member for a substance use evaluation, as evidence to support disciplinary action under the UCMJ or administrative discharge action, and as a consideration on the issue of characterization of discharge in administrative discharges. Probable Cause. Probable cause requires a search and seizure authorization from the appropriate commander, military judge, or military magistrate to seize a urine specimen. Probable cause exists when there is a reasonable belief that drugs will be found in the system of the member to be tested. Results may be used as evidence to support disciplinary action under the UCMJ, or administrative discharge action. Medical Purposes. Results of any examination conducted for a valid medical purpose, including emergency medical treatment, periodic physical examination, and other such examinations necessary for diagnostic or treatment purposes, may be used to identify drug abusers. Results may be used as evidence to support disciplinary action under the UCMJ or administrative discharge action. Self-identification. Air Force members (not currently under investigation or pending action), with alcohol problems, substance use problems, personal drug use or possession, are encouraged to seek assistance from the unit commander, first sergeant, substance use counselor, or a military medical professional. Following an assessment, the ADAPT program manager will consult with the treatment team and determine an appropriate clinical course of action. Commanders may not use voluntary disclosure against a member in an action under the UCMJ or when weighing characterization of service in a separation. |
Section 19C, Appropriate Working Relationships
Paragraph 19.9. Working Relationships: Minor editing and the title of AFI 36-2909 changed
Paragraph 19.10. Equal Opportunity: No changes
Paragraph 19.11. Harassment: The paragraph that described reprisals (paragraph 20.19) was removed entirely even though reprisal continues to be listed as one of the "Six Distinct Forms of Harassment". In addition, the paragraph on retaliation was revised.
Paragraph 19.12. Military Equal Opportunity Complaint Process: No changes
Paragraph 19.13. Civilian Equal Opportunity Complaint Process: No changes
Paragraph 19.14. Sexual Assault Prevention and Response: Minor editing
Paragraph 19.15. Sexual Assault Reporting Options. The last paragraph (Collateral Misconduct in Sexual Assault Cases) was completely revised and a reference was added.
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2021 E6 Study Guide 19.9. Working Relationships Social interaction that contributes appropriately to unit cohesiveness and effectiveness is encouraged. Military members of all grades must maintain professional relationships with civilian employees and government contractor personnel they work with, supervise, or direct, and must avoid relationships that adversely affect or are perceived to adversely affect morale, discipline, respect for authority, and unit cohesion, or that violate law or regulation. While personal relationships between Air Force members are normally matters of individual choice and judgment, they become matters of official concern when they adversely affect or have the reasonable potential to affect the Air Force by eroding morale, good order, discipline, respect for authority, unit cohesion, or mission accomplishment. Professional Relationships. As stated in AFI 1-1, Air Force Standards, appropriate professional relationships are vital to the effective operation of all organizations and to maintaining good order and discipline. The nature of the military mission requires absolute confidence in command and an unhesitating adherence to orders that may result in inconvenience, hardships, and at times, injury or death. This distinction makes the maintenance of professional relationships in the military more critical than in civilian organizations. AFI 36-2909, Air Force Professional Relationships and Conduct, establishes responsibilities for maintaining professional relationships. Unprofessional Relationships. Unprofessional relationships, whether pursued on- or off-duty, are those relationships that detract from the authority of superiors, or result in, or reasonably create the appearance of, favoritism, misuse of office or position, or the abandonment of organizational goals for personal interests. Once established, unprofessional relationships, such as inappropriate personal relationships and favoritism, do not go unnoticed by other members of a unit, and call into question the superior's impartiality toward the subordinate and his or her peers. Unprofessional relationships must be avoided between officers, between enlisted members, between officers and enlisted members, between military personnel and civilian employees or contractor personnel, as well as within and across the military branches. Relationships in which one member exercises supervisory or command authority over another have the potential for becoming unprofessional. Similarly, differences in grade increase the risk that a relationship will be, or will be perceived to be, unprofessional because senior members in military organizations have direct or indirect organizational influence over the duties and careers of junior members. The ability of the senior member to directly or indirectly influence assignments, promotion recommendations, duties, awards, and other privileges and benefits, places both the senior member and the junior member in susceptible situations. Fraternization. Fraternization is an unprofessional relationship between an officer and enlisted member specifically prohibited by Article 134, Uniform Code of Military Justice. Fraternization exists when a relationship between an officer and an enlisted member puts the enlisted member on terms of military equality with the officer in a way that prejudices good order and discipline in the U.S. Armed Forces or brings discredit upon the U.S. Armed Forces. This custom of the service recognizes that officers will not form personal relationships with enlisted members on terms of military equality, whether on- or off-duty. Whether a contact or association constitutes fraternization depends on the surrounding circumstances, such as whether the conduct has compromised the chain of command; has resulted in the appearance of partiality; or has otherwise undermined good order, discipline, authority, or morale. The prohibition on fraternization extends beyond organizational and chain of command lines to include members among or across different services. In short, it extends to all officer and enlisted relationships. When fraternization occurs, the officer will be held primarily responsible, and is the only member subject to disciplinary action for fraternization under Article 134, UCMJ; however, an enlisted member involved in consensual fraternization is still engaged in an unprofessional relationship and is likewise subject to discipline under Article 92, UCMJ. |
2019 Air Force Handbook 20.17. Working Relationships Social interaction that contributes appropriately to unit cohesiveness and effectiveness is encouraged. Military members of all grades must maintain professional relationships with civilian employees and government contractor personnel they work with, supervise, or direct, and must avoid relationships that adversely affect or are perceived to adversely affect morale, discipline, respect for authority, and unit cohesion, or that violate law or regulation. While personal relationships between Air Force members are normally matters of individual choice and judgment, they become matters of official concern when they adversely affect or have the reasonable potential to affect the Air Force by eroding morale, good order, discipline, respect for authority, unit cohesion, or mission accomplishment. Professional Relationships. As stated in AFI 1-1, Air Force Standards, appropriate professional relationships are vital to the effective operation of all organizations and to maintaining good order and discipline. The nature of the military mission requires absolute confidence in command and an unhesitating adherence to orders that may result in inconvenience, hardships, and at times, injury or death. This distinction makes the maintenance of professional relationships in the military more critical than in civilian organizations. AFI 36-2909, Professional and Unprofessional Relationships, establishes responsibilities for maintaining professional relationships. Unprofessional Relationships. Unprofessional relationships, whether pursued on- or off-duty, are those relationships that detract from the authority of superiors, or result in, or reasonably create the appearance of, favoritism, misuse of office or position, or the abandonment of organizational goals for personal interests. Once established, unprofessional relationships, such as inappropriate personal relationships and favoritism, do not go unnoticed by other members of a unit, and call into question the superior's impartiality toward the subordinate and his or her peers. Unprofessional relationships must be avoided between officers, between enlisted members, between officers and enlisted members, between military personnel and civilian employees or contractor personnel, as well as within and across the military branches. Relationships in which one member exercises supervisory or command authority over another have the potential for becoming unprofessional. Similarly, differences in grade increase the risk that a relationship will be, or will be perceived to be, unprofessional because senior members in military organizations have direct or indirect organizational influence over the duties and careers of junior members. The ability of the senior member to directly or indirectly influence assignments, promotion recommendations, duties, awards, and other privileges and benefits, places both the senior member and the junior member in susceptible situations. Fraternization. Fraternization is an unprofessional relationship between an officer and enlisted member specifically addressed in the Manual for Courts-Martial under Article 134, Fraternization. Fraternization exists when a relationship between an officer and an enlisted member puts the enlisted member on terms of military equality with the officer in a way that prejudices good order and discipline in the U.S. Armed Forces or brings discredit upon the U.S. Armed Forces. This custom of the service recognizes that officers will not form personal relationships with enlisted members on terms of military equality, whether on- or off-duty. A contact or association constitutes fraternization depending on the surrounding circumstances, such as whether the conduct has compromised the chain of command; has resulted in the appearance of partiality; or has otherwise undermined good order, discipline, authority, or morale. The prohibition on fraternization extends beyond organizational and chain of command lines to include members among or across different services. In short, it extends to all officer and enlisted relationships. When fraternization occurs, the officer will be held primarily responsible, and is the only member subject to disciplinary action for fraternization; however, an enlisted member involved in consensual fraternization is still engaged in an unprofessional relationship and is likewise subject to discipline under Article 92 of the Uniform Code of Military Justice. |
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2021 E6 Study Guide 19.10. Equal Opportunity The Air Force Equal Opportunity Program fosters and supports equal opportunity and must be carried out in the day-to-day actions of all personnel. The Air Force will not tolerate unlawful discrimination, harassment, or reprisal against individuals who engage in protected activity. Airmen must actively make workplace professionalism a top priority and take proactive steps to prevent and eliminate unlawful discriminatory or harassment behavior. Commanders and supervisors are charged with taking immediate and appropriate actions to address inappropriate behaviors or allegations once they are made aware, and are encouraged to consult with their local equal opportunity office before initiating action to resolve such concerns. Refer to AFI 36-2706, Equal Opportunity Program Military and Civilian, for additional information. Note: The Air Force Sexual Harassment/Unlawful Discrimination (24-hour) Hotline (1-888-231- 4058), is established to ensure Air Force personnel can easily and freely report to proper Equal Opportunity authorities any allegations of sexual harassment or discrimination, and provide information on sexual harassment and equal opportunity issues. Equal Opportunity Program Objectives. The primary objective of the Equal Opportunity Program is to eradicate unlawful discrimination and foster a positive human relations environment. To this end, Equal Opportunity offices at every installation stand ready to assist individuals, supervisors, and commanders with eradicating every form of unlawful discrimination and harassment from the workplace. To improve the Air Force human relations environment, Equal Opportunity offices offer an array of counseling, mediation, education, assessment, training, general assistance, and complaint resolution services. Unlawful Discrimination. Unlawful discrimination can include the use of disparaging terms regarding an individual's birthplace, ancestry, culture, or the linguistic characteristics common to a specific ethnic group. The use of terms that degrade or connote negative statements pertaining to race, color, religion, national origin, sex, age, genetic information, and mental or physical disability, can constitute unlawful discrimination. These terms include insults, printed material, visual material, signs, symbols, posters, or insignia. - Unlawful Discrimination Against Military Members. Unlawful discrimination against military members includes any unlawful action that denies equal opportunities to persons or groups based on their race, color, religion, national origin, harassment, sex (to include gender identity), and sexual orientation. This type of discrimination includes verbal, physical, and non-verbal forms, as well as social media. For military members, unlawful discrimination is unacceptable, on- or off-base, 24 hours a day. - Unlawful Discrimination Against Department of Defense Civilian Employees. Unlawful discrimination against civilian employees includes any unlawful employment practice that occurs when an employer fails or refuses to hire or promote; discharges or otherwise discriminates against any individual with respect to compensation, terms, conditions, or privileges of employment; limits, segregates, or classifies employees or applicants for employment in a way that deprives or tends to deprive any individual of employment opportunities or otherwise adversely affects his/her status as an employee because of race, color, religion, national origin, sex, (including sexual harassment, pregnancy, gender identity, sexual orientation, age (40 or older), genetic information, physical or mental disability, or reprisal). |
2019 Air Force Handbook 20.18. Equal Opportunity The Air Force Equal Opportunity Program foster and support equal opportunity and must be carried out in the day-to-day actions of all personnel. The Air Force will not tolerate unlawful discrimination, harassment, or reprisal against individuals who engage in protected activity. Airmen must actively make workplace professionalism a top priority and take proactive steps to prevent and eliminate unlawful discriminatory or harassment behavior. Commanders and supervisors are charged with taking immediate and appropriate actions to address inappropriate behaviors or allegations once they are made aware, and are encouraged to consult with their local equal opportunity office before initiating action to resolve such concerns. Refer to AFI 36-2706, Equal Opportunity Program Military and Civilian, for additional information. Note: The Air Force Sexual Harassment/Unlawful Discrimination (24-hour) Hotline (1-888-231-4058), is established to ensure Air Force personnel can easily and freely report to proper Equal Opportunity authorities any allegations of sexual harassment or discrimination, and provide information on sexual harassment and equal opportunity issues. Equal Opportunity Program Objectives. The primary objective of the Equal Opportunity Program is to eradicate unlawful discrimination and foster a positive human relations environment. To this end, Equal Opportunity offices at every installation stand ready to assist individuals, supervisors, and commanders with eradicating every form of unlawful discrimination and harassment from the workplace. To improve the Air Force human relations environment, Equal Opportunity offices offer an array of counseling, mediation, education, assessment, training, general assistance, and complaint resolution services. Unlawful Discrimination. Unlawful discrimination can include the use of disparaging terms regarding an individual's birthplace, ancestry, culture, or the linguistic characteristics common to a specific ethnic group. The use of terms that degrade or connote negative statements pertaining to race, color, religion, national origin, sex, age, genetic information, and mental or physical disability, can constitute unlawful discrimination. These terms include insults, printed material, visual material, signs, symbols, posters, or insignia. - Unlawful Discrimination Against Military Members. Unlawful discrimination against military members includes any unlawful action that denies equal opportunities to persons or groups based on their race, color, religion, national origin, harassment, sex (to include gender identity), and sexual orientation. This type of discrimination includes verbal, physical, and non-verbal forms, as well as social media. For military members, unlawful discrimination is unacceptable, on- or off-base, 24 hours a day. - Unlawful Discrimination Against Department of Defense Civilian Employees. Unlawful discrimination against civilian employees includes any unlawful employment practice that occurs when an employer fails or refuses to hire or promote; discharges or otherwise discriminates against any individual with respect to compensation, terms, conditions, or privileges of employment; limits, segregates, or classifies employees or applicants for employment in a way that deprives or tends to deprive any individual of employment opportunities or otherwise adversely affects his/her status as an employee because of race, color, religion, national origin, sex, (including sexual harassment, pregnancy, gender identity, sexual orientation, age (40 or older), genetic information, physical or mental disability, or reprisal). |
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2021 E6 Study Guide 19.11. Harassment Harassment against military members or civilian employees includes any behavior that is unwelcome or offensive to a reasonable person, whether oral, written, or physical, that creates an intimidating, hostile, or offensive environment. Harassment includes use of electronic communications, social media, other forms of communication, and in person. Harassment may include offensive jokes, epithets, ridicule or mockery, insults or put-downs, displays of offensive objects or imagery, stereotyping, intimidating acts, veiled threats of violence, threatening or provoking remarks, racial or other slurs, derogatory remarks about a person's accent, or displays of racially offensive symbols. Activities or actions undertaken for a proper military or governmental purpose, such as combat survival training, are not considered harassment. Six Distinct Forms of Harassment. The Air Force Equal Opportunity Program covers six distinct forms of harassment: discriminatory, sexual, bullying, hazing, retaliation, and reprisal. They are briefly described here. - Discriminatory Harassment. Discriminatory harassment is conduct that is unwelcome based on race, color, religion, sex (including gender identity), national origin, or sexual orientation. - Sexual Harassment. Sexual harassment is conduct of any deliberate or repeated unwelcome verbal comments or gestures of a sexual nature by any military member or civilian employee. Sexual harassment is conduct that involves unwelcome sexual advances, requests for sexual favors, and deliberate or repeated offensive comments or gestures of a sexual nature when: submission to such conduct is made either explicitly or implicitly a term or condition of a person's job, pay, or career; submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person; such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile, or offensive environment; and is so severe or pervasive that a reasonable person would perceive, and the victim does perceive, the environment as hostile or offensive. Any person in a supervisory or command position who uses or condones any form of sexual behavior to control, influence, or affect the career, pay, or job of a military member or civilian employee is engaging in sexual harassment. Note: Sexual harassment includes use of electronic communications, including social media, other forms of communication, and in person. There is no requirement for concrete psychological harm to the complainant for behavior to constitute sexual harassment. Behavior is sufficient to constitute sexual harassment if it is so severe or pervasive that a reasonable person would perceive, and the complainant does perceive, the environment as hostile or offensive. - Bullying. A form of harassment that includes acts of aggression by a military member or civilian employee with a nexus to military service, with the intent of harming a service member either physically or psychologically, without a proper military or other governmental purpose. Bullying may involve the singling out of an individual from his or her coworkers, or unit, for ridicule because he or she is considered different or weak. It often involves an imbalance of power betweenthe aggressor and the victim. Bullying can be conducted through electronic devices or communications, and by other means including social media, as well as in person. Service members may be responsible for an act of bullying even if there was actual or implied consent from the victim and regardless of the grade or rank, status, or service of the victim. Bullying is prohibited in all circumstances and environments, including off-duty or "unofficial" unit functionsand settings. Note: Bullying does not include properly directed command or organizational activities that serve a proper military or other governmental purpose, or the requisite training activities required to prepare for these activities, such as command-authorized physical training. - Hazing. A form of harassment that includes conduct through which military members or civilian employees, without a proper military or other governmental purpose but with a nexus to military service, physically or psychologically injures or creates a risk of physical or psychological injury to service members for the purpose of: initiation into, admission into, affiliation with, change in status or position within, or a condition for continued membership in any military or Department of Defense civilian organization. Hazing can be conducted through the use of electronic devices or communications, and by other means including social media, as well as in person. Service members may be responsible for an act of hazing even if there was actual or implied consent from the victim and regardless of the grade or rank, status, or service of the victim. Hazing is prohibited in all circumstances and environments including off-duty or "unofficial" unit functions and settings. Note: Hazing does not include properly directed command or organizational activities that serve a proper military or other governmental purpose, or the requisite training activities required to prepare for these activities, such as, administrative corrective measures, extra military instruction,or command-authorized physical training. - Retaliation. Retaliation is taking or threatening to take an adverse personnel action against a person, or wrongfully withholding or threatening to withhold a favorable personnel action with respect to a person, as a result of that person reporting a criminal offense or making a protected communication, or planning to do either. A protected communication is a communication made to a Member of Congress or an Inspector General, or to certain other authorities when the communication discloses evidence of a violation of law or regulation, including sexual harassment and unlawful discrimination. A protected communication may also relate to gross mismanagement, fraud, waste and abuse or a substantial danger to public health and safety. Retaliation is prohibited by Article 132, UCMJ. |
2019 AFH-1 20.19. Harassment Harassment against military members or civilian employees includes any behavior that is unwelcome or offensive to a reasonable person, whether oral, written, or physical, that creates an intimidating, hostile, or offensive environment. Harassment includes use of electronic communications, social media, other forms of communication, and in person. Harassment may include offensive jokes, epithets, ridicule or mockery, insults or put-downs, displays of offensive objects or imagery, stereotyping, intimidating acts, veiled threats of violence, threatening or provoking remarks, racial or other slurs, derogatory remarks about a person's accent, or displays of racially offensive symbols. Activities or actions undertaken for a proper military or governmental purpose, such as combat survival training, are not considered harassment. Six Distinct Forms of Harassment. The Air Force Equal Opportunity Program covers six distinct forms of harassment: discriminatory, sexual, bullying, hazing, retaliation, and reprisal. They are briefly described here. - Discriminatory Harassment. Discriminatory harassment is conduct that is unwelcome based on race, color, religion, sex (including gender identity), national origin, or sexual orientation. - Sexual Harassment. Sexual harassment is conduct of any deliberate or repeated unwelcome verbal comments or gestures of a sexual nature by any military member or civilian employee. Sexual harassment is conduct that involves unwelcome sexual advances, requests for sexual favors, and deliberate or repeated offensive comments or gestures of a sexual nature when: submission to such conduct is made either explicitly or implicitly a term or condition of a person's job, pay, or career; submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person; such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile, or offensive environment; and is so severe or pervasive that a reasonable person would perceive, and the victim does perceive, the environment as hostile or offensive. Any person in a supervisory or command position who uses or condones any form of sexual behavior to control, influence, or affect the career, pay, or job of a military member or civilian employee is engaging in sexual harassment. Note: Sexual harassment includes use of electronic communications, including social media, other forms of communication, and in person. There is no requirement for concrete psychological harm to the complainant for behavior to constitute sexual harassment. Behavior is sufficient to constitute sexual harassment if it is so severe or pervasive that a reasonable person would perceive, and the complainant does perceive, the environment as hostile or offensive. - Bullying. A form of harassment that includes acts of aggression by a military member or civilian employee with a nexus to military service, with the intent of harming a service member either physically or psychologically, without a proper military or other governmental purpose. Bullying may involve the singling out of an individual from his or her coworkers, or unit, for ridicule because he or she is considered different or weak. It often involves an imbalance of power between the aggressor and the victim. Bullying can be conducted through the use of electronic devices or communications, and by other means including social media, as well as in person. Service members may be responsible for an act of bullying even if there was actual or implied consent from the victim and regardless of the grade or rank, status, or service of the victim. Bullying is prohibited in all circumstances and environments, including off-duty or "unofficial" unit functions and settings. Note: Bullying does not include properly directed command or organizational activities that serve a proper military or other governmental purpose, or the requisite training activities required to prepare for these activities, such as command-authorized physical training. - Hazing. A form of harassment that includes conduct through which military members or civilian employees, without a proper military or other governmental purpose but with a nexus to military service, physically or psychologically injures or creates a risk of physical or psychological injury to service members for the purpose of: initiation into, admission into, affiliation with, change in status or position within, or a condition for continued membership in any military or Department of Defense civilian organization. Hazing can be conducted through the use of electronic devices or communications, and by other means including social media, as well as in person. Service members may be responsible for an act of hazing even if there was actual or implied consent from the victim and regardless of the grade or rank, status, or service of the victim. Hazing is prohibited in all circumstances and environments including off-duty or "unofficial" unit functions and settings. Note: Hazing does not include properly directed command or organizational activities that serve a proper military or other governmental purpose, or the requisite training activities required to prepare for these activities, such as, administrative corrective measures, extra military instruction, or command-authorized physical training. - Retaliation. Retaliation encompasses illegal, impermissible, or hostile actions taken by a service member's chain of command, peers, or coworkers as a result of making or being suspected of making a protected communication in accordance with DoDD 7050.06, Military Whistleblower Protection. Retaliation for reporting a criminal offense can occur in several ways, including reprisal. Investigation of complaints of non-criminal retaliatory actions other than reprisal will be processed consistent with service-specific regulations. - Reprisal. Reprisal is defined as taking or threatening to take an unfavorable personnel action; withholding or threatening to withhold a favorable personnel action; or making, preparing to make, or being perceived as making or preparing to make a protected communication. In addition to reprisal, other retaliatory behaviors include ostracism, maltreatment, and criminal acts for a retaliatory purpose in connection with an alleged sex-related offense or sexual harassment, or for performance of duties concerning an alleged sex-related offense or sexual harassment. |
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2021 E6 Study Guide 19.12. Military Equal Opportunity Complaint Process Only military personnel, their family members, and retirees may file military Equal Opportunity complaints. To file a complaint, the individual must be the subject of the alleged unlawful discrimination or sexual harassment. Third parties, to include commanders, supervisors, or co- workers, may not file a complaint on behalf of another individual. The Equal Opportunity office will refer all third party individuals who are aware of specific allegations of military Equal Opportunity policy violations to their respective chain of command. The Equal Opportunity office will not accept military complaints from military members, family members, or retirees if the concerns are related to off-base or Department of Defense civilian employment. Military Informal Complaint Procedures. The purpose of the military informal complaint process is to attempt resolution at the lowest possible level. To informally resolve unlawful discrimination and sexual harassment complaints, individuals may orally address or prepare written correspondence to the alleged offender, request intervention by a coworker, opt to use the alternate dispute resolution process, or use the chain of command, such as requesting assistance from the supervisor, first sergeant, or commander. There is no time limit for filing informal complaints and no requirement for commander approval before accepting informal complaints. Military Formal Complaint Procedures. The purpose of the military formal complaint process is to enable military members, retirees, and their family members to formally present allegations of unlawful discrimination and sexual harassment to the Equal Opportunity office with the goal of attempting resolution through a complaint clarification process. The complaint clarification process involves gathering information regarding a formal military complaint or hotline complaint to determine whether a 'preponderance of evidence' exists to demonstrate that unlawful discrimination or harassment occurred. The complaint clarification includes interviewing or taking statements from complainants, potential witnesses, alleged offenders, and anyone else who may have information relevant to the case. The Equal Opportunity office may use information gathered from other investigations in conjunction with, but not in lieu of, their own clarification process to establish a preponderance of credible evidence. The clarification results are forwarded to the Staff Judge Advocate for a legal sufficiency review. Once the review is complete, the alleged offender's commander receives the complaint for final action, if appropriate. Military formal complaints must be filed within 60 calendar days of the alleged offense. The installation commander may waive the time limits for good cause based on a memorandum with sufficient justification provided by the complainant and submitted through the Equal Opportunity office. |
2019 Air Force Handbook 20.20. Military Equal Opportunity Complaint Process Only military personnel, their family members, and retirees may file military Equal Opportunity complaints. To file a complaint, the individual must be the subject of the alleged unlawful discrimination or sexual harassment. Third parties, to include commanders, supervisors, or co-workers, may not file a complaint on behalf of another individual. The Equal Opportunity office will refer all third party individuals who are aware of specific allegations of military Equal Opportunity policy violations to their respective chain of command. The Equal Opportunity office will not accept military complaints from military members, family members, or retirees if the concerns are related to off-base or Department of Defense civilian employment. Military Informal Complaint Procedures. The purpose of the military informal complaint process is to attempt resolution at the lowest possible level. To informally resolve unlawful discrimination and sexual harassment complaints, individuals may orally address or prepare written correspondence to the alleged offender, request intervention by a coworker, opt to use the alternate dispute resolution process, or use the chain of command, such as requesting assistance from the supervisor, first sergeant, or commander. There is no time limit for filing informal complaints and no requirement for commander approval before accepting informal complaints. Military Formal Complaint Procedures. The purpose of the military formal complaint process is to enable military members, retirees, and their family members to formally present allegations of unlawful discrimination and sexual harassment to the Equal Opportunity office with the goal of attempting resolution through a complaint clarification process. The complaint clarification process involves gathering information regarding a formal military complaint or hotline complaint to determine whether a 'preponderance of evidence' exists to demonstrate that unlawful discrimination or harassment occurred. The complaint clarification includes interviewing or taking statements from complainants, potential witnesses, alleged offenders, and anyone else who may have information relevant to the case. The Equal Opportunity office may use information gathered from other investigations in conjunction with, but not in lieu of, their own clarification process to establish a preponderance of credible evidence. The clarification results are forwarded to the Staff Judge Advocate for a legal sufficiency review. Once the review is complete, the alleged offender's commander receives the complaint for final action, if appropriate. Military formal complaints must be filed within 60 calendar days of the alleged offense. The installation commander may waive the time limits for good cause based on a memorandum with sufficient justification provided by the complainant and submitted through the Equal Opportunity office. |
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2021 E6 Study Guide 19.13. Civilian Equal Opportunity Complaint Process Only Air Force employees, former employees, and applicants for employment may file civilian Equal Opportunity complaints. An aggrieved person can file a complaint if discriminated against on the basis of race, color, religion, sex, (including pregnancy, gender identity, and sexual orientation) national origin, age (40 and older), or disability, or if subjected to sexual harassment or retaliated against for opposing discrimination or for participating in the complaint process. Additionally, an employee can file a complaint under Title II of the Genetic Information Nondiscrimination Act of 2008, which prohibits genetic information discrimination for any aspect of employment, including hiring, firing, pay, job assignment, promotion, layoff, training, fringe benefits, or any other term or condition of employment. To harass or retaliate against a person because of his or her genetic information is illegal under the Genetic Information Nondiscrimination Act. Civilian Informal Complaint Procedures. The purpose of the civilian informal complaint process is to provide for the prompt, fair, and impartial processing and resolution of complaints, consistent with legal obligations under Title 29, Code of Federal Regulations, Part 1614, Federal Sector Equal Employment Opportunity. The objective is to seek opportunities to resolve issues at the lowest organizational level at the earliest possible time. The Equal Opportunity office will work with management and the Staff Judge Advocate in an attempt to resolve the complainant's concerns. The Equal Opportunity office must complete the informal complaint process within 30 calendar days of the complaint being filed unless the complainant grants an extension not to exceed 60 additional calendar days. If the matter is not resolved to the complainant's satisfaction before the end of the authorized period, including extensions, the complainant is issued a notice of right to file a formal complaint. Civilian Formal Complaint Procedures. A formal complaint must be filed at the installation where the alleged discrimination occurred. For the complaint to be processed at the formal stage, the initial contact must be within 45 calendar days of the date of the matter alleged to be discriminatory or, in the case of a personnel action, within 45 calendar days of the effective date or when he or she becomes aware of the personnel action. The complaint must describe the actions or practices that form the basis of the complaint that was discussed with the Equal Opportunity office during the informal complaint process. The complaint must be filed with the Equal Opportunity director or designee within 15 calendar days of the complainant receiving the notice of right to file a formal complaint. The Air Force is required to process civilian formal Equal Opportunity complaints in accordance with Title 29, Code of Federal Regulations, Part 1614, and Equal Employment Opportunity Management Directive 110. The Equal Employment Opportunity Commission requires federal agencies to discharge certain responsibilities once a civilian formal Equal Opportunity complaintis filed. The Equal Opportunity office must process all formal complaints expeditiously and make a determination whether to accept, dismiss, or partially dismiss a complaint or portion of a complaint to allow an investigation to be completed within 180 calendar days from the date filed. |
2019 Air Force Handbook 20.21. Civilian Equal Opportunity Complaint Process Only Air Force employees, former employees, and applicants for employment may file civilian Equal Opportunity complaints. An aggrieved person can file a complaint if discriminated against on the basis of race, color, religion, sex, (including pregnancy, gender identity, and sexual orientation) national origin, age (40 and older), or disability, or if subjected to sexual harassment or retaliated against for opposing discrimination or for participating in the complaint process. Additionally, an employee can file a complaint under Title II of the Genetic Information Nondiscrimination Act of 2008, which prohibits genetic information discrimination for any aspect of employment, including hiring, firing, pay, job assignment, promotion, layoff, training, fringe benefits, or any other term or condition of employment. To harass or retaliate against a person because of his or her genetic information is illegal under the Genetic Information Nondiscrimination Act. Civilian Informal Complaint Procedures. The purpose of the civilian informal complaint process is to provide for the prompt, fair, and impartial processing and resolution of complaints, consistent with legal obligations under Title 29, Code of Federal Regulations, Part 1614, Federal Sector Equal Employment Opportunity. The objective is to seek opportunities to resolve issues at the lowest organizational level at the earliest possible time. The Equal Opportunity office will work with management and the Staff Judge Advocate in an attempt to resolve the complainant's concerns. The Equal Opportunity office must complete the informal complaint process within 30 calendar days of the complaint being filed unless the complainant grants an extension not to exceed 60 additional calendar days. If the matter is not resolved to the complainant's satisfaction before the end of the authorized period, including extensions, the complainant is issued a notice of right to file a formal complaint. Civilian Formal Complaint Procedures. A formal complaint must be filed at the installation where the alleged discrimination occurred. For the complaint to be processed at the formal stage, the initial contact must be within 45 calendar days of the date of the matter alleged to be discriminatory or, in the case of a personnel action, within 45 calendar days of the effective date or when he or she becomes aware of the personnel action. The complaint must describe the actions or practices that form the basis of the complaint that was discussed with the Equal Opportunity office during the informal complaint process. The complaint must be filed with the Equal Opportunity director or designee within 15 calendar days of the complainant receiving the notice of right to file a formal complaint. The Air Force is required to process civilian formal Equal Opportunity complaints in accordance with Title 29, Code of Federal Regulations, Part 1614, and Equal Employment Opportunity Management Directive 110. The Equal Employment Opportunity Commission requires federal agencies to discharge certain responsibilities once a civilian formal Equal Opportunity complaint is filed. The Equal Opportunity office must process all formal complaints expeditiously and make a determination whether to accept, dismiss, or partially dismiss a complaint or portion of a complaint to allow an investigation to be completed within 180 calendar days from the date filed. |
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2021 E6 Study Guide 19.14. Sexual Assault Prevention and Response The Sexual Assault Prevention and Response (SAPR) Office is responsible for oversight of the Department of Defense sexual assault policy and works hand-in-hand with the services and the civilian community to develop and implement innovative prevention and response programs. Installation Sexual Assault Response Coordinator. The installation Sexual Assault Response Coordinator (SARC) is the single point of contact at an installation or within a geographic area reporting to the installation commander, who oversees sexual assault awareness, prevention, and response training; coordinates medical treatment, including emergency care for sexual assault victims; and tracks the services provided to a victim of sexual assault from the initial report through final disposition and resolution. Note: The Air Force will identify trained military SARCs, as well as trained civilian SARCs or SAPR Victim Advocates (SAPR VA), for rotational support of global contingency operations and deployments. Normally, each air expeditionary wing will warrant at least one SARC and one SAPR VA position. For deployments smaller than an air expeditionary force, deployed commanders must provide a sexual assault response capability consistent with Air Force requirements. Volunteer Victim Advocate. Volunteer Victim Advocates (VVA) are military and Department of Defense civilian employees who are selected, trained, and credentialed to provide non-clinical crisis intervention, referral, and ongoing non-clinical support to adult sexual assault victims. The VVA provides information on available options and resources to victims, conducts liaison assistance with other organizations and agencies on victim care matters, and reports directly to the SARC when performing victim advocacy duties. Special Victims' Counsel. The Special Victims' Counsel (SVC) is a judge advocate who is authorized to provide independent legal representation to eligible victims of sexually-related offenses. A SVC's primary responsibility is to their client. The program, through its attorneys and paralegals, delivers victim-centered advice and advocacy world-wide, assists clients in obtaining support and recovery resources, and promotes greater confidence in the military justice process and the U.S. Air Force. The SVC's representation allows victims of sexually-related offenses to provide informed input throughout the military justice process to decision-makers and may assist with matters outside the military justice process if they are related to the reported offense. Sexual Assault. Sexual assault is criminal conduct that violates the standards the United States of America expects of the men and women serving in the U.S. Air Force and is inconsistent with our core values of Integrity First, Service Before Self, and Excellence In All We Do. Inherent in these core values is respect: self-respect, mutual respect, and respect for the Air Force as an institution. Sexual assault is an intentional sexual contact, characterized by the use of force, threats, intimidation, abuse of authority, or when the victim does not or cannot consent. The term sexual assault encompasses a range of sexual offenses specifically prohibited by Articles 120, 120b, and 80 of the Uniform Code of Military Justice, to include rape, sexual assault, aggravated sexual contact, abusive sexual contact, forcible sodomy, or attempts to commit any of these offenses. Consent. Consent is defined as words or overt acts indicating a freely given agreement to the sexual conduct by a competent person. An expression of lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance or submission resulting from the accused's use of force, threat of force, or placing another person in fear, does not constitute consent. A current or previous relationship, or the manner of dress of the person involved with the accused in the sexual conduct at issue, shall not constitute consent. There is no consent where the person is sleeping or incapacitated, such as due to age, alcohol or drugs, or mental incapacity. Response to an Allegation of Sexual Assault. Any military member or civilian employee, other than those authorized to receive confidential communications or otherwise exempted by law, regulation, or policy, who receives a report of a sexual assault incident about a subordinate in the individual's supervisory chain, will report the matter to the commander, the SARC, and the Air Force Office of Special Investigations. Military members or civilian employees who become aware of a sexual assault incident, not involving a subordinate in the supervisory chain, are strongly encouraged, but not required, to report the incident to the SARC or encourage the victim to do so. |
2019 Air Force Handbook 20.22. Sexual Assault Prevention and Response The Sexual Assault Prevention and Response (SAPR) Office is responsible for oversight of the Department of Defense sexual assault policy and works hand-in-hand with the services and the civilian community to develop and implement innovative prevention and response programs. Installation Sexual Assault Response Coordinator. The installation Sexual Assault Response Coordinator (SARC) is the single point of contact at an installation or within a geographic area reporting to the installation commander, who oversees sexual assault awareness, prevention, and response training; coordinates medical treatment, including emergency care for sexual assault victims; and tracks the services provided to a victim of sexual assault from the initial report through final disposition and resolution. Note: The Air Force will identify trained military SARCs, as well as trained civilian SARCs or SAPR Victim Advocates (SAPR VA), for rotational support of global contingency operations and deployments. Normally, each air expeditionary wing will warrant at least one SARC and one SAPR VA position. For deployments smaller than an air expeditionary force, deployed commanders must provide a sexual assault response capability consistent with Air Force requirements. Volunteer Victim Advocate. Volunteer Victim Advocates (VVA) are military and Department of Defense civilian employees who are selected, trained, and credentialed to provide non-clinical crisis intervention, referral, and ongoing non-clinical support to adult sexual assault victims. The VVA provides information on available options and resources to victims, conducts liaison assistance with other organizations and agencies on victim care matters, and reports directly to the SARC when performing victim advocacy duties. Special Victims' Counsel. The Special Victims' Counsel (SVC) is a judge advocate who is authorized to provide independent legal representation to eligible victims of sexually-related offenses. A SVC's primary responsibility is to their client. The program, through its attorneys and paralegals, delivers victim-centered advice and advocacy world-wide, assists clients in obtaining support and recovery resources, and promotes greater confidence in the military justice process and the U.S. Air Force. The SVC's representation allows victims of sexually-related offenses to provide informed input throughout the military justice process to decision-makers and may assist with matters outside the military justice process if they are related to the reported offense. Sexual Assault. Sexual assault is criminal conduct that violates the standards the United States of America expects of the men and women serving in the U.S. Air Force and is inconsistent with our core values of Integrity First, Service Before Self, and Excellence in All We Do. Inherent in these core values is respect: self-respect, mutual respect, and respect for the Air Force as an institution. Simply stated, sexual assault is an intentional sexual contact, characterized by the use of force, threats, intimidation, abuse of authority, or when the victim does not or cannot consent. The term sexual assault includes a broad category of sexual offenses consisting of rape, sexual assault, aggravated sexual contact, abusive sexual contact, forcible sodomy, or attempts to commit any of these offenses. Consent. Consent is defined as words or overt acts indicating a freely given agreement to the sexual conduct by a competent person. An expression of lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance or submission resulting from the accused's use of force, threat of force, or placing another person in fear, does not constitute consent. A current or previous relationship, or the manner of dress of the person involved with the accused in the sexual conduct at issue, shall not constitute consent. There is no consent where the person is sleeping or incapacitated, such as due to age, alcohol or drugs, or mental incapacity. Response to an Allegation of Sexual Assault. Any military member or civilian employee, other than those authorized to receive confidential communications or otherwise exempted by law, regulation, or policy, who receives a report of a sexual assault incident about a subordinate in the individual's supervisory chain, will report the matter to the commander, the SARC, and the Air Force Office of Special Investigations. Military members or civilian employees who become aware of a sexual assault incident, not involving a subordinate in the supervisory chain, are strongly encouraged, but not required, to report the incident to the SARC or encourage the victim to do so. |
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2021 E6 Study Guide 19.15. Sexual Assault Reporting Options The Air Force has two reporting options: unrestricted and restricted reporting. The Air Force makes every effort to treat victims of sexual assault with dignity and respect, to protect their privacy to the maximum extent of the law, and provide support, advocacy, and care. Regardless of whether the victim elects restricted or unrestricted reporting, confidentiality of medical information will be maintained. Restricted Reports. The Department of Defense has directed the implementation of confidentiality in the form of a restricted reporting option that enables eligible victims to report allegations of sexual assault to specified personnel, without triggering an investigation. This reporting option is intended to remove barriers to medical care and support while giving the victim additional time and increased control over the release and management of personal information. Only SARCs, SAPR VAs, VVAs, and healthcare personnel may receive restricted reports of sexual assault. If a victim elects this reporting option, a victim may convert a restricted report to an unrestricted report at any time. Chaplains, legal assistance attorneys, and SVC entitled to privileged communications will not accept a restricted report of sexual assault. However, in the course of otherwise privileged communications with chaplains, legal assistance attorneys, and SVC, a victim may indicate that he or she wishes to file a restricted report. If this occurs, the chaplains, legal assistance attorneys, and SVC will facilitate contact with a SARC, SAPR VA, or VVA to ensure that a victim is offered SAPR services. Unrestricted Reports. Any report of a sexual assault made by the victim through normal reporting channels, including the victim's chain of command, law enforcement, and the Air Force Office of Special Investigations or other criminal investigative services, is considered an unrestricted report. If a victim elects this reporting option, a victim will not be permitted to change from unrestricted to a restricted report. The individual to whom an unrestricted report is made will notify the SARC. Any report of sexual assault made through the SARC, SAPR VA, VVA, or healthcare personnel by an individual who elects an unrestricted report and designates so in writing, will be forwarded for the Air Force Office of Special Investigations. In cases of an unrestricted report of a sexual assault or information concerning a sexual assault, information concerning the victim and the offense will only be provided to governmental entities or persons with an established official need to know. Those who are deemed to have an official need to know in the Air Force to perform their respective duties, routinely include: law enforcement, commanders, and first sergeants of the victim and the alleged assailant, legal personnel, the SARC, SAPR VA, VVA, and healthcare providers, as required. Commanders notified of a sexual assault through an unrestricted report must take immediate steps to ensure the victim's physical safety, emotional security, and medical treatment needs are met and that the Air Force Office of Special Investigations or appropriate criminal investigative agency and SARC are notified. Reporting Eligibility. The following individuals are eligible for both the restricted and unrestricted reporting option within the SARC program. - Regular Air Force members who were sexual assault victims perpetrated by someone other than the victim's spouse, same sex domestic partner, and/or unmarried intimate partner. - Military members, who are on Regular Air Force status, but who were sexual assault victims prior to enlistment or commissioning, are eligible to receive SAPR services under either reporting option. Support to a member on Regular Air Force status is available regardless of when or where the sexual assault took place. - Service members' dependents, 18 years of age and older, who are eligible for treatment in the military health system at installations in the Continental United States and outside of the Continental United States, and who were sexual assault victims perpetrated by someone other than the victim's spouse, same sex domestic partner, and/or unmarried intimate partner. - Air Force Reserve and Air National Guard members in Title 10 status who are sexually assaulted when performing active service and inactive duty training. - Department of Defense civilian employees will have access to full SAPR services that are offered to service members. This does not include additional medical entitlements or legal services to which they are not already authorized by law or policy. Collateral Misconduct in Sexual Assault Cases. An investigation into the facts and circumstances surrounding an alleged sexual assault may produce evidence that the victim engaged in misconduct. Collateral misconduct by a sexual assault victim is a significant barrier to reporting because of the victim's fear of punishment. Some reported sexual assaults involve circumstances where the victim may have engaged in some form of misconduct like underage drinking or other related alcohol offenses, adultery, drug abuse, fraternization, or other violations of instructions or orders. In accordance with the Uniform Code of Military Justice, the Manual for Courts-Martial, and Air Force instructions, commanders are responsible for addressing misconduct in a manner that is consistent and appropriate to the circumstances. However, Rule for Courts-Martial 306 permits superior commanders to withhold disciplinary authority from subordinate commanders for individual cases, types of cases, or generally. Pursuant to AFI 51-201, Administration of Military Justice, the authority to dispose of collateral misconduct in sexual assault cases is initially reserved to the special court-martial convening authority. In those cases, the subordinate commander forwards the case file, along with a written recommendation, to the initial disposition authority. The initial disposition authority may dispose of the collateral misconduct himself or herself, or may return the case file to the subordinate commander and permit him or her to take action. |
2019 Air Force Handbook 20.23. Sexual Assault Reporting Options The Air Force has two reporting options: unrestricted and restricted reporting. The Air Force makes every effort to treat victims of sexual assault with dignity and respect, to protect their privacy to the maximum extent of the law, and provide support, advocacy, and care. Regardless of whether the victim elects restricted or unrestricted reporting, confidentiality of medical information will be maintained. Restricted Reports. The Department of Defense has directed the implementation of confidentiality in the form of a restricted reporting option that enables eligible victims to report allegations of sexual assault to specified personnel, without triggering an investigation. This reporting option is intended to remove barriers to medical care and support while giving the victim additional time and increased control over the release and management of personal information. Only SARCs, SAPR VAs, VVAs, and healthcare personnel may receive restricted reports of sexual assault. If a victim elects this reporting option, a victim may convert a restricted report to an unrestricted report at any time. Chaplains, legal assistance attorneys, and SVC entitled to privileged communications will not accept a restricted report of sexual assault. However, in the course of otherwise privileged communications with chaplains, legal assistance attorneys, and SVC, a victim may indicate that he or she wishes to file a restricted report. If this occurs, the chaplains, legal assistance attorneys, and SVC will facilitate contact with a SARC, SAPR VA, or VVA to ensure that a victim is offered SAPR services. Unrestricted Reports. Any report of a sexual assault made by the victim through normal reporting channels, including the victim's chain of command, law enforcement, and the Air Force Office of Special Investigations or other criminal investigative services, is considered an unrestricted report. If a victim elects this reporting option, a victim will not be permitted to change from unrestricted to a restricted report. The individual to whom an unrestricted report is made will notify the SARC. Any report of sexual assault made through the SARC, SAPR VA, VVA, or healthcare personnel by an individual who elects an unrestricted report and designates so in writing, will be forwarded for the Air Force Office of Special Investigations. In cases of an unrestricted report of a sexual assault or information concerning a sexual assault, information concerning the victim and the offense will only be provided to governmental entities or persons with an established official need to know. Those who are deemed to have an official need to know in the Air Force to perform their respective duties, routinely include: law enforcement, commanders, and first sergeants of the victim and the alleged assailant, legal personnel, the SARC, SAPR VA, VVA, and healthcare providers, as required. Commanders notified of a sexual assault through an unrestricted report must take immediate steps to ensure the victim's physical safety, emotional security, and medical treatment needs are met and that the Air Force Office of Special Investigations or appropriate criminal investigative agency and SARC are notified. Reporting Eligibility. The following individuals are eligible for both the restricted and unrestricted reporting option within the SARC program. - Regular Air Force members who were sexual assault victims perpetrated by someone other than the victim's spouse, same sex domestic partner, and/or unmarried intimate partner. - Military members, who are on Regular Air Force status, but who were sexual assault victims prior to enlistment or commissioning, are eligible to receive SAPR services under either reporting option. Support to a member on Regular Air Force status is available regardless of when or where the sexual assault took place. - Service members' dependents, 18 years of age and older, who are eligible for treatment in the military health system at installations in the Continental United States and outside of the Continental United States, and who were sexual assault victims perpetrated by someone other than the victim's spouse, same sex domestic partner, and/or unmarried intimate partner. - Air Force Reserve and Air National Guard members in Title 10 status who are sexually assaulted when performing active service and inactive duty training. - Department of Defense civilian employees will have access to full SAPR services that are offered to service members. This does not include additional medical entitlements or legal services to which they are not already authorized by law or policy. Collateral Misconduct in Sexual Assault Cases. An investigation into the facts and circumstances surrounding an alleged sexual assault may produce evidence that the victim engaged in misconduct. Collateral misconduct by a sexual assault victim is a significant barrier to reporting because of the victim's fear of punishment. Some reported sexual assaults involve circumstances where the victim may have engaged in some form of misconduct like underage drinking or other related alcohol offenses, adultery, drug abuse, fraternization, or other violations of instructions or orders. In accordance with the Uniform Code of Military Justice, the Manual for Courts-Martial, and Air Force instructions, commanders are responsible for addressing misconduct in a manner that is consistent and appropriate to the circumstances. When considering what corrective actions may be appropriate, commanders must balance the objectives of holding members accountable for their own misconduct with the intent of avoiding unnecessary additional trauma to sexual assault victims and the goal of encouraging reporting of sexual assaults. Commanders may defer disciplinary action until after disposition of the sexual assault case, and not be penalized for such a deferral decision. The gravity of any collateral misconduct by the victim, and its impact on good order and discipline, should be carefully considered in deciding what, if any, corrective action is appropriate. Commanders should consult with their servicing Staff Judge Advocate prior to taking any action regarding collateral misconduct. |
Section 19D, Addressing Misconduct
Paragraph 19.16. Corrective Actions: the title of AFI 36-2907 changed from Unfavorable Information File (UIF) Program to Adverse Administrative Actions.
Paragraph 19.17. Administrative Counseling, Admonitions, and Reprimands: minor editing; no changes
Paragraph 19.18. Administrative Demotion of Airmen: minor editing; no changes
Paragraph 19.19. Administrative Separations: no changes
Paragraph 19.20. Service Characterization: minor editing; no changes
Paragraph 19.21. Air Force Discharge Review Board: minor editing
Paragraph 19.22. Air Force Board for Correction of Military Records: no changes
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2021 E6 Study Guide 19.16. Corrective Actions Commanders, supervisors, and other persons in authority can issue administrative counseling, admonitions, and reprimands that are intended to improve, correct, and instruct subordinates who depart from standards of performance, conduct, bearing, and integrity, on- or off-duty, and whose actions degrade the individual and the unit mission. Personal Information File. Commanders and supervisors perform many personnel management functions requiring them to keep Personal Information Files (PIF) on assigned personnel. AFI 36- 2608, Military Personnel Records System, authorizes the use and maintenance of PIFs by commanders and supervisors. If a PIF is established, use of AF Form 10A, Personnel Information File, Record of Performance; Officer Command Selection Record Group, is required. Custodians must keep PIFs current and secured in a locked area or container to protect against misuse or unauthorized access. The member may gain access to their PIF at any time per AFI 33-332, Air Force Privacy and Civil Liberties Program. Contents of the PIF must be available to commanders, raters, first sergeants, senior raters, Air Force Office of Special Investigations, and Staff Judge Advocate personnel, as warranted. The release and review of the PIF contents in these instances are for official business or routine use. Unfavorable Information File. The Unfavorable Information File (UIF) provides commanders with an official and single means of filing derogatory data concerning an Air Force member's personal conduct and duty performance. With some exceptions, the commander has wide discretion as to what should be placed in a UIF and what should be removed. Mandatory documents in UIFs include suspended or unsuspended Article 15 punishment of more than one month (31 days or more), court-martial conviction, civilian conviction where the penalty or actions equivalent to a finding of guilty of an offense which resulted in confinement of one year or more or could have resulted in a penalty of confinement for more than one year or death, and control roster actions. Optional documents may be included in UIFs for up to one year. Individuals have three duty days to acknowledge and provide pertinent information before the commander makes the final decision. The commander advises the individual of the final decision. If the commander decides to file the information in an UIF, the individual's response is also filed. Unit commanders must review all UIFs within 90 days of assuming or being appointed to command; when individuals are considered for promotion, reenlistment, permanent change of station or assignment, and reclassification or retraining. Commanders also review UIFs annually, with the assistance of the Staff Judge Advocate. Commanders keep the UIF for the disposition period unless early removal is clearly warranted. In the course of their Air Force duties, the following individuals are authorized access to a member's UIF: the member, commander, first sergeant, enlisted performance report reporting and rating officials, force support squadron personnel, inspector general, inspection team, legal office personnel, military equal opportunity personnel, law enforcement personnel, and substance abuse counselors. For additional information regarding the UIF program, refer to AFI 36-2907, Adverse Administrative Actions. Control Roster. Control rosters are used by commanders to establish an observation period as a rehabilitative tool for individuals whose duty performance is substandard or who fail to meet or maintain Air Force standards of conduct, bearing, and integrity, on- or off-duty. Commanders should consider prior incidents, acts, failures, counseling, and rehabilitative efforts when establishing control rosters. A single incident of substandard performance or an isolated breach of standards not likely to be repeated, is not ordinarily a basis for a control roster action. Commanders place an individual on the control roster by using AF Form 1058, Unfavorable Information File Action, which puts the member on notice that his/her performance and behavior must improve or he/she will face more severe administrative action or punishment. The individual acknowledges receipt of the action and has three duty days to respond and submit a statement on his or her behalf before the action is finalized. Placement on the control roster is a mandatory UIF entry and is initially instated for six months, but it can be removed early at the commander's discretion. If a member is not rehabilitated within six months of being placed on the control roster, the commander initiates more severe action. The UIF six-month time period begins the day the AF Form 1058, Unfavorable Information File Action, is finalized and ends at 2400 hours six months later. Note: The control roster is not to be used by commanders as a substitute for more appropriate administrative, judicial, or nonjudicial action. |
2019 Air Force Handbook 20.24. Corrective Actions Commanders, supervisors, and other persons in authority can issue administrative counseling, admonitions, and reprimands that are intended to improve, correct, and instruct subordinates who depart from standards of performance, conduct, bearing, and integrity, on- or off-duty, and whose actions degrade the individual and the unit mission. Personal Information File. Commanders and supervisors perform many personnel management functions requiring them to keep Personal Information Files (PIF) on assigned personnel. AFI 36-2608, Military Personnel Records System, authorizes the use and maintenance of PIFs by commanders and supervisors. If a PIF is established, use of AF Form 10A, Personnel Information File, Record of Performance, or Officer Command Selection Record Group, is required. Custodians must keep PIFs current and secured in a locked area or container to protect against misuse or unauthorized access. The member may gain access to their PIF at any time per AFI 33-332, Air Force Privacy and Civil Liberties Program. Contents of the PIF must be available to commanders, raters, first sergeants, senior raters, Air Force Office of Special Investigations, and Staff Judge Advocate personnel, as warranted. The release and review of the PIF contents in these instances are for official business or routine use. Unfavorable Information File. The Unfavorable Information File (UIF) provides commanders with an official and single means of filing derogatory data concerning an Air Force member's personal conduct and duty performance. With some exceptions, the commander has wide discretion as to what should be placed in a UIF and what should be removed. Mandatory documents in UIFs include suspended or unsuspended Article 15 punishment of more than one month (31 days or more), court-martial conviction, civilian conviction where the penalty or actions equivalent to a finding of guilty of an offense which resulted in confinement of one year or more or could have resulted in a penalty of confinement for more than one year or death, and control roster actions. Optional documents may be included in UIFs for up to one year. Individuals have three duty days to acknowledge and provide pertinent information before the commander makes the final decision. The commander advises the individual of the final decision. If the commander decides to file the information in an UIF, the individual's response is also filed. Unit commanders must review all UIFs within 90 days of assuming or being appointed to command; when individuals are considered for promotion, reenlistment, permanent change of station or assignment, and reclassification or retraining. Commanders also review UIFs annually, with the assistance of the Staff Judge Advocate. Commanders keep the UIF for the disposition period unless early removal is clearly warranted. In the course of their Air Force duties, the following individuals are authorized access to a member's UIF: the member, commander, first sergeant, enlisted performance report reporting and rating officials, force support squadron personnel, inspector general, inspection team, legal office personnel, military equal opportunity personnel, law enforcement personnel, and substance abuse counselors. For additional information regarding the UIF program, refer to AFI 36-2907, Unfavorable Information File (UIF) Program. Control Roster. Control rosters are used by commanders to establish an observation period as a rehabilitative tool for individuals whose duty performance is substandard or who fail to meet or maintain Air Force standards of conduct, bearing, and integrity, on- or off-duty. Commanders should consider prior incidents, acts, failures, counseling, and rehabilitative efforts when establishing control rosters. A single incident of substandard performance or an isolated breach of standards not likely to be repeated, is not ordinarily a basis for a control roster action. Commanders place an individual on the control roster by using AF Form 1058, Unfavorable Information File Action, which puts the member on notice that his/her performance and behavior must improve or he/she will face more severe administrative action or punishment. The individual acknowledges receipt of the action and has three duty days to respond and submit a statement on his or her behalf before the action is finalized. Placement on the control roster is a mandatory UIF entry and is initially instated for six months, but it can be removed early at the commander's discretion. If a member is not rehabilitated within six months of being placed on the control roster, the commander initiates more severe action. The UIF six-month time period begins the day the AF Form 1058, Unfavorable Information File Action, is finalized and ends at 2400 hours six months later. Note: The control roster is not to be used by commanders as a substitute for more appropriate administrative, judicial, or nonjudicial action. |
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2021 E6 Study Guide 19.17. Administrative Counseling, Admonitions, and Reprimands Administrative counseling, admonitions, and reprimands are quality force management tools available to supervisors, commanders, and other persons in authority to help maintain established Air Force standards and enhance mission accomplishment. These tools are intended to improve, correct, and instruct subordinates who depart from standards of performance, conduct, bearing, and integrity on- or off-duty, and whose actions degrade the individual and unit's mission. Counseling, admonitions, and reprimands should be used as part of a graduated pattern of discipline in response to repeated departures from standards. The decision to issue a letter of counseling, admonition, or reprimand should be based primarily on the nature and seriousness of the incident and on the previous disciplinary record of the member. Counseling statements may be either verbal or written, but written corrective actions are more meaningful to the member and the infraction, and when documented properly, may be used in subsequent proceedings. Written administrative counseling, admonitions, and reprimands are subject to the rules of access, protection, and disclosure outlined in the Privacy Act of 1974. The same rules apply to copies kept by supervisors and commanders and those filed in a UIF or PIF. While no specific standard of proof applies to administrative action proceedings, commanders should utilize the "preponderance of the evidence" standard when evaluating whether the evidence establishes that misconduct occurred. A preponderance of the evidence simply means the greater weight of credible evidence. If such proof is lacking, administrative action is susceptible to being found to be legally unsupportable and, as a result, could be set aside. Letter of Counseling and Air Force Form 174, Record of Individual Counseling. Counseling is used by first line supervisors, first sergeants, and commanders to help Airmen use good judgment, assume responsibility, and face and solve problems. Counseling, whether conducted verbally or in writing, helps subordinates develop skills, attitudes, and behaviors consistent with maintaining Air Force readiness. Counseling may be documented on an AF Form 174, Record of Individual Counseling, or on bond paper or letterhead as a letter of counseling. Letter of Admonishment. An admonishment is used to document an infraction that warrants more severe action than a counseling, but not serious enough to warrant a reprimand. For officer personnel, if the letter of admonishment is not filed in the UIF, it must be filed in the individual's PIF. Letter of Reprimand. A reprimand is more severe than a letter of counseling and letter of admonishment, and indicates a stronger degree of official censure. Commanders may elect to file a letter of reprimand in a UIF for enlisted personnel. Letters of reprimand are mandatory for file in the UIF for officer personnel. |
2019 Air Force Handbook 20.25. Administrative Counseling, Admonitions, and Reprimands Administrative counseling, admonitions, and reprimands are quality force management tools available to supervisors, commanders, and other persons in authority to help maintain established Air Force standards and enhance mission accomplishment. These tools are intended to improve, correct, and instruct subordinates who depart from standards of performance, conduct, bearing, and integrity on- or off-duty, and whose actions degrade the individual and unit's mission. Counseling, admonitions, and reprimands should be used as part of a graduated pattern of discipline in response to repeated departures from standards. The decision to issue a letter of counseling, admonition, or reprimand should be based primarily on the nature and seriousness of the incident and on the previous disciplinary record of the member. Counseling statements may be either verbal or written, but written corrective actions are more meaningful to the member and the infraction, and when documented properly, may be used in subsequent proceedings. Written administrative counseling, admonitions, and reprimands are subject to the rules of access, protection, and disclosure outlined in the Privacy Act of 1974. The same rules apply to copies kept by supervisors and commanders and those filed in a UIF or PIF. While no specific standard of proof applies to administrative action proceedings, commanders should utilize the "preponderance of the evidence" standard when evaluating evidence and elements of the offenses committed. A preponderance of the evidence means simply the greater weight of credible evidence. If such proof is lacking, administrative action is susceptible to being found to be legally unsupportable and, as a result, could be set aside. Letter of Counseling and Air Force Form 174, Record of Individual Counseling. Counseling is used by first line supervisors, first sergeants, and commanders to help Airmen use good judgment, assume responsibility, and face and solve problems. Counseling, whether conducted verbally or in writing, helps subordinates develop skills, attitudes, and behaviors consistent with maintaining Air Force readiness. Counseling may be documented on an AF Form 174, Record of Individual Counseling or on bond paper or letterhead as a letter of counseling. Letter of Admonishment. An admonishment is used to document an infraction that warrants more severe action than a counseling, but not serious enough to warrant a reprimand. For officer personnel, if the letter of admonishment is not filed in the UIF, it must be filed in the individual's PIF. Letter of Reprimand. A reprimand is more severe than a letter of counseling and letter of admonishment, and indicates a stronger degree of official censure. Commanders may elect to file a letter of reprimand in a UIF for enlisted personnel. Letters of reprimand are mandatory for file in the UIF for officer personnel. |
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2021 E6 Study Guide 19.18. Administrative Demotion of Airmen An administrative demotion of Airmen is a process available to commanders. The most common reasons commanders would administratively demote an Airman are for a failure to complete officer transitional training due to reasons of academic deficiency, self-elimination, or misconduct (trainees will be demoted to the grade they formerly held); failure to maintain or attain the appropriate grade and skill level; failure to fulfill the responsibilities as prescribed in AFH 36- 2618, The Enlisted Force Structure; failure to attain or maintain fitness program standards as prescribed in AFI 36-2905, Fitness Program; or upon termination of student status of members attending temporary duty Air Force schools. Upon the decision to proceed with an administrative demotion, the immediate commander notifies the member in writing of the intention to recommend demotion, citing the paragraph, the demotion authority if other than the initiating commander, and the recommended grade. The notification must also include the specific reasons for the demotion and a complete summary of the supporting facts. The commander informs the member of their right to counsel, their right to respond within three duty days, and their right to apply for retirement in lieu of demotion, if eligible. Following the member's response, if the commander elects to continue the proceedings, the case file is forwarded with a summary of the member's written and verbal statements to the force support squadron for processing prior to forwarding to the demotion authority. The member must be notified in writing of the decision to forward the action to the demotion authority. The demotion authority obtains a written legal review before making a decision. Airmen may appeal the demotion decision through proper channels. |
2019 Air Force Handbook 20.26. Administrative Demotion of Airmen An administrative demotion of Airmen is a process available to commanders. The most common reasons commanders would administratively demote an Airman are for a failure to complete officer transitional training due to reasons of academic deficiency, self-elimination, or misconduct (trainees will be demoted to the grade they formerly held); failure to maintain or attain the appropriate grade and skill level; failure to fulfill the responsibilities as prescribed in AFH 36-2618, The Enlisted Force Structure; failure to attain or maintain fitness program standards as prescribed in AFI 36-2905, Fitness Program; or upon termination of student status of members attending temporary duty Air Force schools. Upon decision to proceed with an administrative demotion, the immediate commander notifies the member in writing of the intention to recommend demotion, citing the paragraph, the demotion authority if other than the initiating commander, and the recommended grade. The notification must also include the specific reasons for the demotion and a complete summary of the supporting facts. The commander informs the member of their right to counsel, their right to respond within three duty days, and their right to apply for retirement in lieu of demotion, if eligible. Following the member's response, if the commander elects to continue the proceedings, the case file is forwarded with a summary of the member's written and verbal statements to the force support squadron for processing prior to forwarding to the demotion authority. The member must be notified in writing of the decision to forward the action to the demotion authority. The demotion authority obtains a written legal review before making a decision. Airmen may appeal the demotion decision through proper channels. |
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2021 E6 Study Guide 19.19. Administrative Separations Airmen are entitled to separate at their expiration of term of service unless there is a specific authority for retention. As a rule, Airmen separate on the date their expiration term of service occurs, but their separation is not automatic. Airmen are members of the Air Force until they are separated by administrative action. Many different reasons for separation exist. The suitability of persons to serve in the Air Force is judged on the basis of their conduct and their ability to meet required standards of duty performance and discipline. Commanders and supervisors must identify enlisted members who show a likelihood for early separation and make reasonable efforts to help these members meet Air Force standards. Members who do not show potential for further service should be discharged. Commanders must consult the servicing Staff Judge Advocate and military personnel flight before initiating the involuntary separation of a member. Required Separation. Airmen who will continue to serve in another military status must separate; for example, an Airman may separate to serve with the Air Force Reserve or Air National Guard. An Airman may also separate to accept an appointment as a commissioned officer of the Air Force or to accept an appointment as a warrant or commissioned officer of another branch of service. Voluntary Separation. Airmen may ask for early separation for the convenience of the government if they meet the criteria. Entering an officer training program, pregnancy, conscientious objection, hardship, and early release to attend school are some of the reasons for which members may be allowed to separate. Involuntary Separation. Physical conditions that interfere with duty performance or assignment availability, inability to cope with parental responsibilities or military duty, or insufficient retainability for required retraining, are reasons for involuntary discharge for the convenience of the government. Defective enlistment (fraudulent or erroneous) is also a basis for discharge. Airmen are subject to discharge for cause based on such factors as unsatisfactory performance, substance abuse, misconduct, or in the interest of national security. |
2019 Air Force Handbook 20.27. Administrative Separations Airmen are entitled to separate at their expiration of term of service unless there is a specific authority for retention. As a rule, Airmen separate on the date their expiration term of service occurs, but their separation is not automatic. Airmen are members of the Air Force until they are separated by administrative action. Many different reasons for separation exist. The suitability of persons to serve in the Air Force is judged on the basis of their conduct and their ability to meet required standards of duty performance and discipline. Commanders and supervisors must identify enlisted members who show a likelihood for early separation and make reasonable efforts to help these members meet Air Force standards. Members who do not show potential for further service should be discharged. Commanders must consult the servicing Staff Judge Advocate and military personnel flight before initiating the involuntary separation of a member. Required Separation. Airmen who will continue to serve in another military status must separate; for example, an Airman may separate to serve with the Air Force Reserve or Air National Guard. An Airman may also separate to accept an appointment as a commissioned officer of the Air Force or to accept an appointment as a warrant or commissioned officer of another branch of service. Voluntary Separation. Airmen may ask for early separation for the convenience of the government if they meet the criteria. Entering an officer training program, pregnancy, conscientious objection, hardship, and early release to attend school are some of the reasons for which members may be allowed to separate. Involuntary Separation. Physical conditions that interfere with duty performance or assignment availability, inability to cope with parental responsibilities or military duty, or insufficient retainability for required retraining, are reasons for involuntary discharge for the convenience of the government. Defective enlistment (fraudulent or erroneous) is also a basis for discharge. Airmen are subject to discharge for cause based on such factors as unsatisfactory performance, substance abuse, misconduct, or in the interest of national security. |
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2021 E6 Study Guide 19.20. Service Characterization Airmen who do not qualify for reenlistment receive a discharge without regard to their remaining military service obligation. The service characterization depends upon the reason for the discharge and the member's military record in the current enlistment or period of service. The service of members administratively discharged under AFI 36-3208, Administrative Separation of Airmen, may be characterized as honorable, general (under honorable conditions), or under other than honorable conditions. Honorable. Members separating at their expiration of term of service, or voluntarily or involuntarily separating for the convenience of the government, are characterized as honorable. An honorable discharge is given when the quality of the member's service generally has met Air Force standards of acceptable conduct and performance of duty, or a member's service is otherwise so meritorious that any other characterization would be inappropriate. General (under honorable conditions). A general (under honorable conditions) discharge is given when a member's service has been determined to be honest and faithful, but significant negative aspects of the member's conduct or performance outweigh positive aspects of the Airman's military record. Under Other Than Honorable Conditions. An under other than honorable conditions discharge is given based a pattern of behavior, or one or more acts or omissions, that constitute a significant departure from the conduct expected of an Airman. This characterization can be given only if the member is offered an administrative discharge board or if a discharge is unconditionally requested in lieu of trial by court-martial. Discharge in Lieu of Trial by Court-Martial. If charges have been preferred against an Airman and if the Uniform Code of Military Justice authorizes punitive discharge as punishment for any of the offenses preferred, the Airman may request an administrative discharge instead of trial by court-martial. There is no guarantee; however, that the Airman's request will be granted. |
2019 Air Force Handbook 20.28. Service Characterization Airmen who do not qualify for reenlistment receive a discharge without regard to their remaining military service obligation. The service characterization depends upon the reason for the discharge and the member's military record in the current enlistment or period of service. The service of members administratively discharged under AFI 36-3208, Administrative Separation of Airmen, may be characterized as honorable, general (under honorable conditions), or under other than honorable conditions. Honorable. Members separating at their expiration of term of service, or voluntarily or involuntarily separating for the convenience of the government, are characterized as honorable. An honorable discharge is given when the quality of the member's service generally has met Air Force standards of acceptable conduct and performance of duty, or a member's service is otherwise so meritorious that any other characterization would be inappropriate. General (under honorable conditions). A general (under honorable conditions) discharge is given when a member's service has been determined to be honest and faithful, but significant negative aspects of the member's conduct or performance outweigh positive aspects of the Airman's military record. Under Other Than Honorable Conditions. An under other than honorable conditions discharge is given based a pattern of behavior, or one or more acts or omissions, that constitute a significant departure from the conduct expected of an Airman. This characterization can be given only if the member is offered an administrative discharge board or if a discharge is unconditionally requested in lieu of trial by court-martial. Discharge Instead of Trial by Court-Martial. If charges have been preferred against an Airman and if the Uniform Code of Military Justice authorizes punitive discharge as punishment for the offense, the Airman may request an administrative discharge instead of trial by court-martial. There is no guarantee; however, that the Airman's request will be granted. |
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2021 E6 Study Guide 19.21. Air Force Discharge Review Board The Air Force Discharge Review Board affords former Air Force members the opportunity to request review of their discharge (except for a bad-conduct discharge, dishonorable discharge, or dismissal by general court-martial) within 15 years of the date of separation. The objective of a discharge review is to examine an applicant's administrative discharge and consider changing the characterization of service, the reason for discharge, and the re-enlistment code (when applicable), based on standards of propriety or equity. Airmen separated under circumstances (except retirement) that make them ineligible for reenlistment, and officers discharged under adverse conditions, are briefed by the military personnel section at the time of their discharge about the discharge review board process. They are provided with a discharge review fact sheet and an application, DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States. A personal appearance before the discharge review board is a statutory right. The applicant or the applicant's counsel may appear before the board or address the board via video teleconference. Procedures allow the applicant latitude in presenting evidence, witnesses, and testimony in support of the applicant's case. A board may also review the case based on documentation in the military record and any additional evidence provided by the applicant. |
2019 Air Force Handbook 20.29. Air Force Discharge Review Board The Air Force Discharge Review Board affords former Air Force members the opportunity to request review of their discharge (except for a discharge or dismissal by general court-martial) within 15 years of the date of separation. The objective of a discharge review is to examine an applicant's administrative discharge and consider changing the characterization of service, the reason for discharge, and the re-enlistment code (when applicable), based on standards of propriety or equity. Airmen separated under circumstances (except retirement) that make them ineligible for reenlistment, and officers discharged under adverse conditions, are briefed by the military personnel section at the time of their discharge about the discharge review board process. They are provided with a discharge review fact sheet and an application, DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States. A personal appearance before the discharge review board is a statutory right. The applicant or the applicant's counsel may appear before the board or address the board via video teleconference. Procedures allow the applicant latitude in presenting evidence, witnesses, and testimony in support of the applicant's case. A board may also review the case based on documentation in the military record and any additional evidence provided by the applicant. |
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2021 E6 Study Guide 19.22. Air Force Board for Correction of Military Records The Air Force Board for Correction of Military Records is the highest level of administrative review for correcting military records. In most cases, applicants are members or former members of the Air Force. In some situations, a family member, heir, or legal representative (such as a guardian or executor) of the member or former member with a proper interest, may request correction of another person's military records when that person is incapable of acting on his or her own behalf, is missing, or is deceased. With a few exceptions, most records generated by the Air Force may be corrected by the board. Records addressed for change include, but are not limited to: enlisted performance reports, fitness test results, debts incurred, discharges and reenlistment/reentry eligibility codes, survivor benefit plans, accumulated leave days, Article 15 actions, and reinstatement into the Air Force. Records may be changed, voided, or created as necessary to correct an error or to remove an injustice. Applicable monetary benefits are recomputed based on the records changed. The board is a recommending body and will vote to grant, partially grant, or deny the requested relief. If the board recommends favorable relief, the case is forwarded to the Secretary of the Air Force's designee for final decision. Unless procured by fraud, their decision is final and binding on all Air Force officials and government agencies. Personal appearance to present an application to the Air Force Board for Correction of Military Records is not a statutory right and is granted solely at the discretion of the board, predicated on the finding the applicant's presence, without or without counsel, and will materially add to the board's understanding of the issue(s) involved. Information on the board's authority, jurisdiction, and policy can be found in AFI 36-2603, Air Force Board for Correction of Military Records. Note: Applicants must exhaust other reasonably available administrative avenues of relief prior to applying to the Air Force Board for Correction of Military Records. If other administrative remedies have not been properly exhausted before applying, the application, DD Form 149, Application for Correction of Military Record Under the Provisions of Title 10, United States Code, Section 1552, will be returned without action. |
2019 Air Force Handbook 20.30. Air Force Board for Correction of Military Records The Air Force Board for Correction of Military Records is the highest level of administrative review for correcting military records. In most cases, applicants are members or former members of the Air Force. In some situations, a family member, heir, or legal representative (such as a guardian or executor) of the member or former member with a proper interest, may request correction of another person's military records when that person is incapable of acting on his or her own behalf, is missing, or is deceased. With a few exceptions, most records generated by the Air Force may be corrected by the board. Records addressed for change include, but are not limited to: enlisted performance reports, fitness test results, debts incurred, discharges and reenlistment/reentry eligibility codes, survivor benefit plans, accumulated leave days, Article 15 actions, and reinstatement into the Air Force. Records may be changed, voided, or created as necessary to correct an error or to remove an injustice. Applicable monetary benefits are recomputed based on the records changed. The board is a recommending body and will vote to grant, partially grant, or deny the requested relief. If the board recommends favorable relief, the case is forwarded to the Secretary of the Air Force's designee for final decision. Unless procured by fraud, their decision is final and binding on all Air Force officials and government agencies. Personal appearance to present an application to the Air Force Board for Correction of Military Records is not a statutory right and is granted solely at the discretion of the board, predicated on the finding the applicant's presence, without or without counsel, and will materially add to the board's understanding of the issue(s) involved. Information on the board's authority, jurisdiction, and policy can be found in AFI 36-2603, Air Force Board for Correction of Military Records. Note: Applicants must exhaust other reasonably available administrative avenues of relief prior to applying to the Air Force Board for Correction of Military Records. If other administrative remedies have not been properly exhausted before applying, the application, DD Form 149, Application for Correction of Military Record Under the Provisions of Title 10 United States Code, Section 1552, will be returned without action. |