Military members who fail to appear at the appointed time and place of scheduled duty are subject to disciplinary action, based upon the member’s duty status and reason for the absence.
A military member who sincerely objects to warfare may apply for reassignment to a noncombatant role or separation from service.
The Department of Defense requires certain military members and civilian employees to file annual financial disclosure forms to insure employees do not engage in official financial transactions or decision-making that, due to their private interests, present a conflict of interest.
Suspension of favorable personnel actions is mandatory if an investigation that may result in disciplinary action or financial loss is initiated on a Soldier by military or civilian authorities, or if a Soldier is arrested.
Claims initiated and processed under Article 139, Uniform Code of Military Justice, permit individuals to file claims against military members who willfully take or destroy personal property.
The Military Claims Act allows US residents to recover for the loss, damage or destruction of personal property incident to service.
The Act applies worldwide. However, the Act only applies overseas when the claim cannot be paid under the Personnel Claims Act or Foreign Claims Act.
The Personnel Claims Act enables military members and Department of Defense civilian employees to recover for the loss, damage or destruction of personal property incident to service.
The Act applies worldwide.
The Privacy Act establishes practices governing the collection, maintenance, use and dissemination of information about individuals maintained by federal agencies.
The Freedom of Information Act (FOIA), is a federal law that permits public access to federal executive agency information. The intent of the Act is to “ensure an informed citizenry.”
The Health Insurance Portability and Accountability Act (HIPAA) requires everyone in the military health system to safeguard and keep confidential patient health information.
It is the policy of the Department of Defense to conduct all of its affairs in a manner free from discrimination and to provide equal opportunity and treatment for all members without regard to their color, race, religion, national origin, sex, or age.
The Board for Correction of Military Records is an agency within the Office of each military Secretary that exists to correct military records due to error or injustice.
Absent an adverse impact on military readiness, unit cohesion, or good order and discipline, commanders will accommodate individual expressions of sincerely held beliefs of military members.
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.
Article 138 of the Uniform Code of Military Justice gives military members who believe they have been unfairly treated the right to seek redress.
Officers may be separated for substandard duty performance, misconduct, or other adverse information in their record.
Enlisted administrative separations may be favorable (e.g. retirement or honorable separation at the end of an enlistment) or unfavorable (e.g. separations based on misconduct or unsatisfactory performance), and either voluntary (initiated by servicemember) or involuntary (initiated by commander).
DoD policy is to prevent alcohol abuse and alcoholism, to try to restore to effective functioning persons with problems attributable to the abuse of alcohol, and to ensure humane management and disposition of those who cannot be restored or who do not remain restored.
As a general rule, commanders may only present coins purchased with appropriated funds to reward military members and civilian employees for outstanding duty performance or to recognize unique achievements. Such coins may not be presented merely as gifts, mementos or tokens of appreciation. Commanders should keep a log briefly detailing the circumstances of each presentation.
The base commander has the primary responsibility of controlling commercial activities on the installation.
When commanders learn of derogatory information that involves a military member or civilian employee with access to classified information, the commander must report the information to the security manager and decide whether to suspend the member or employee's access.
The “Lautenberg Amendment” to the Gun Control Act makes it unlawful for “any person... who has been convicted of a misdemeanor crime of domestic violence” to ship, transport, possess, or receive firearms or ammunition in or affecting commerce.
Individuals do not have an inherent right of access to a military installation. Commanders may impose limitations on installation access.
Military command includes legal authority over people (administrative control, or ADCON) and for the mission and resources (operational control, or OPCON).
The US Government contracts with public and private agencies and companies to provide supplies, services, research, construction and development of weapons and other systems.
The US Constitution gives Congress the authority to raise revenue, borrow funds, and appropriate the proceeds for federal agencies.
An administrative demotion is a tool for commanders to use to maintain a quality force.
Prior to the demotion, the commander must notify the member in writing of his intention to demote, citing the details of the reason(s) for the action. The member must be given an opportunity to consult with legal counsel and to respond to the allegations.
The selective reenlistment program (SRP) is designed to ensure only enlisted members who consistently demonstrate the capability and willingness to maintain high professional standards are offered the privilege of continued military service.
Military services investigate accidents to determine the facts and causes in order to prevent future accidents, to assess liability, and to initiate corrective actions.
Commanders and supervisors are encouraged to use administrative tools to encourage and correct individual behavior. Such tools include counseling, admonition and reprimand.
The intent is to correct rather than punish behavior.
Naval commanders conduct investigations in accordance with the Manual of the Judge Advocate General (JAGMAN).
Commanders have the inherent authority to investigate any matter under their responsibility, unless otherwise limited or prohibited, for the purpose of furthering good order and discipline.
Commanders have an inherent authority to investigate matters under their command.
A Commander Directed Investigation, or CDI, is a tool to gather information regarding systemic problems or to look into matters involving individual conduct or responsibility.
Commanders are tasked with maintaining good order and discipline within their units.
In the military justice system, commanders have a quasi-judicial role in that they make decisions that are made by prosecutors or judges in the civilian sector.
Commanders must take a proactive approach to military legal requirements. This means establishing and enforcing high standards, and then ensuring that the members under your command are aware of those standards and properly trained to comply with them.
UCI occurs when a superior commander takes action that affects the subordinate commander's disposition of a case under the UCMJ, or that raises significant doubt about the fairness of the proceeding.
Members of reserve components are subject to the UCMJ, but only when actually performing reserve duty.
The Uniform Code of Military Justice is a federal law and the basis of our military justice system. It outlines what conduct is criminal, establishes the various types of courts, and sets forth the procedures to be followed in the administration of military justice.
Sexual assault is intentional sexual contact, characterized by use of force, physical threat or abuse of authority or when the victim does not or cannot consent. It includes rape, nonconsensual sodomy (oral or anal sex), indecent assault (unwanted, inappropriate sexual contact or fondling), or attempts to commit these acts.
Commanders are tasked with maintaining good order and discipline within their units.
In the military justice system, commanders have a quasi-judicial role in that they make decisions that are made by prosecutors or judges in the civilian sector.
Pretrial agreements are agreements between the accused and the convening authority that may affect reduction in rank; length of confinement; and amount of forfeitures, among other terms.
Pretrial restraint includes:
Conditions on liberty
Restriction in lieu of arrest
Arrest
Pretrial confinement
Unless waived by the accused, an Article 32 preliminary hearing is required before a servicemember can be referred to a general court-martial for trial.
If a commander receives information that a member of his command is suspected of committing an offense punishable under the Uniform Code of Military Justice (UCMJ), he should direct a preliminary inquiry into the charge(s).
The Victim and Witness Assistance Program (VWAP) provides guidance for the protection and assistance of victims and witnesses, enhances their roles in the military criminal justice process, and preserves the constitutional rights of an accused.
A Special Victim's Counsel is an attorney who represents and counsels victims of sexual assault
Sexual assault is intentional sexual contact, characterized by use of force, physical threat or abuse of authority or when the victim does not or cannot consent. It includes rape, nonconsensual sodomy (oral or anal sex), indecent assault (unwanted, inappropriate sexual contact or fondling), or attempts to commit these acts.
The Department of Defense drug testing program is primarily based upon random urine tests.
Urine tests prove past usage. The tests cannot prove impairment, frequency of usage, method of ingestion, or knowing ingestion.
Drug abuse is incompatible with military service.
Unlike alcohol abuse, which the Department of Defense (DoD) views as a preventable and treatable disease, the DoD deals with drug abuse more strictly, in that the identified drug abuser is subject to punitive action or involuntary separation.
Nonjudicial punishment (NJP) provides commanders with a means of maintaining good order and discipline without resorting to criminal prosecution.
A commander may inspect and authorize probable cause searches and seizures of persons and property under his or her command.
A search authorization must be based upon probable cause. Probable cause exists when there is a reasonable belief that the items connected with criminal activity are located in the place or on the person to be searched.
Service members accused of crimes are afforded certain protections.
You must advise a service member of his rights under Article 31, UCMJ when you reasonably suspect he has committed a crime prior to questioning. You do not need to advise a witness not suspected of committing an offense of his rights -- even during official questioning.
Certain management or union practices, called unfair labor practices (ULPs), are illegal.
Federal employers must recognize a union as the exclusive representative of the employees in a unit when the union has been approved by a majority of unit employees.
If a civilian employee, who is a member of a certified bargaining unit represented by a labor organization, reasonably believes that she may be disciplined as a result of an interview, and requests union representation, then the employee is entitled to have a union representative present during the interview.
The Whistleblower Protection Act protects employees who call attention to fraud, waste and abuse, and further protect employees from reprisal.
The Foreign Claims Act allows for reimbursement for property losses, injury or death caused by US servicemembers or civilian employees. The purpose is to promote and maintain friendly relations with the host nation.
Solatia payments are monies or in-kind payments to a victim or a victim's family as an expression of sympathy or condolence. The payments are immediate and, generally, nominal.
The purpose of a Flying Evaluation Board, or FEB, is to examine a rated officer's professional qualification for aviation service, evaluate potential for future rated duties, and make recommendations to higher authorities.
Rules of engagement exist to provide guidance to US forces regarding the use of force during military operations and routine functions.
The Law of Armed Conflict (LOAC) is the law of war. It refers to US and international laws that bind US forces in the conduct of armed hostilities. LOAC exists to protect combatants and noncombatants from unnecessary suffering.
The Posse Comitatus Act prohibits the direct involvement of active duty forces in assisting civilian law enforcement officials in enforcing civilian laws, except when authorized by the U.S. Constitution or another federal statute.
The U.S. armed forces has personnel, supplies and equipment that may be used in the event of an emergency, such as a flood, hurricane, or riot.
Participation in extremist organizations and activities by DoD personnel is inconsistent with the responsibilities of military service and policy.
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, advocate or encourage the use of force, violence or criminal activity; or otherwise deprive individuals of their civil rights.
The Department of Defense requires certain military members and civilian employees to file annual financial disclosure forms to insure employees do not engage in official financial transactions or decision-making that, due to their private interests, present a conflict of interest.
In the United States, the constitutional tradition of a politically neutral military establishment under civilian control includes nonpartisanship by the military and the elimination of undue military influence on the political process.
Private organizations (POs) are self-sustaining special interest groups that operate on military installations with the written consent of the commander.
A Family Readiness Group (FRG) is an organization created to foster a climate of mutual support within the unit. FRG goals include supporting the military mission through support, outreach and information to family members.
FRG mission-essential activities are supported using a unit's appropriated funds.
Under federal law, the Joint Ethics Regulation and service regulations, members of the Department of Defense (DoD) shall not engage in any personal business or professional activity that presents a conflict between their private interests and the DoD public interest.
As a general rule, spouses and other family members of an authorized traveler may not accompany the military member or civilian employee on official business at government expense.
Spouses may travel at government expense in limited situations
Fundraising is the solicitation of funds from or sale of items to military and civilian personnel.
Before any group (to include squadron booster clubs, private organizations, unit advisory councils, etc.) engages in a fundraising activity, either on or off base, prior approval must be obtained from the installation commander or his designee.
DoD employees may not accept or solicit gifts from a prohibited source or given because of their official positions. A gift includes any item having a monetary value.
Government resources and property may only be used for authorized purposes.
With few exceptions, supporting non-federal entities (NFEs) -- even if the government is compensated or reimbursed -- is an improper use of funds and resources.
Although military members have the right, within established limits, to express their individuality through their appearance, the military services have defined what is and what is not acceptable.
Absent an adverse impact on military readiness, unit cohesion, or good order and discipline, commanders will accommodate individual expressions of sincerely held beliefs of military members.
“Unprofessional relationships” is a term used to describe personal interaction that results in or reasonably creates the appearance of favoritism, misuse of position or authority, or the abandonment of organizational goals for personal interests.
DoD policy is to prevent alcohol abuse and alcoholism, to try to restore to effective functioning persons with problems attributable to the abuse of alcohol, and to ensure humane management and disposition of those who cannot be restored or who do not remain restored.
A Medical Evaluation Board (MEB) is a part of the Disability Evaluation System (DES). The purpose of the MEB is to determine if a military member is medically fit for continued military service.
The Alcohol and Drug Abuse Treatment (ADAPT) program helps Airmen and their families with substance abuse-related issues.
Department of Defense policy seeks to remove the stigma associated with military members seeking and receiving mental health services.
A line of duty determination, or LOD, is used to establish whether a military member’s illness, injury, disease or death is duty-related, thus entitling the member to certain benefits.
The ABA provides online legal information and resources for military families through Operation Home Front (www.ABAHomeFront.org).