THE MILITARY COMMANDER - Air University

1 THE MILITARY COMMANDER AND THE LAW 2019 THEMILITARY COMMANDERAND THE LAWThe MILITARY COMMANDER and the Law is a publication of The Judge Advocate General s School. This publication is used as a deskbook for instruction at various COMMANDER courses at Air University . It also serves as a helpful reference guide for commanders in the field, providing general guidance and helping commanders to clarify issues and identify potential problem areas. Disclaimer: As with any publication of secondary authority, this deskbook should not be used as the basis for action on specific cases. Primary authority, much of which is cited in this edition, should first be carefully reviewed. Finally, this deskbook does not serve as a substitute for advice from the staff judge Note: This edition was edited and published during the Secretary of the Air Force s Air Force Directive Publication Reduction initiative.

2 Therefore, many of the primary authorities cited in this edition may have been rescinded, consolidated, or superseded since publication. It is imperative that all authorities cited herein be first verified for currency on Readers with questions or comments concerning this publication should contact the editors of The MILITARY COMMANDER and the Law at the following address:The Judge Advocate General s School 150 Chennault Circle (Bldg 694)Maxwell Air Force Base, Alabama 36112-6418 Comm. (334) 953-2802 or DSN publication is available at: JUDGE ADVOCATE GENERAL S SCHOOLUNITED STATES AIR FORCEiTHE MILITARY COMMANDER AND THE LAWE dition Fifteen 2019 LIEUTENANT GENERAL JEFFREY A. ROCKWELLThe Judge AdvocATe generAl of The Air force COLONEL BRYAN D.

3 WATSON commAndAnT, The Judge AdvocATe generAl s schoolMAJOR JENNY A. LIABENOWediTor-in-chief MAJOR MICAH C. MCMILLANMAJOR ERIC H. FRENCKMAJOR RICHARD A. HANRAHANCAPTAIN JEFFREY C. CAMPBELL execuTive ediTorsMS. THOMASA T. HUFFSTUTLER cover design And ProJecT ediTorEDITORIAL BOARD MEMBERSC olonel Sheri K. JonesColonel Benjamin M. BowdenColonel Thomas G. Becker, USAF RetColonel Mark D. Stoup, USAF Ret Lieutenant Colonel Cynthia T. KearleyLieutenant Colonel Charles G. Warren Lieutenant Colonel Ranae L. Doser-PascualLieutenant Colonel Arie J. SchaapLieutenant Colonel Tracy M. SilerMajor Sara J. Carrasco Major Alexander O. DehnerMajor Adam G. MudgeMajor Amanda K. SnipesMajor M. Arthur Vaughn IIMajor Lauren E. RosenblattMajor Wolfgang S. WeberMajor Alan G.

4 SerranoMajor Brian D. GreenMajor Daphne L. JacksonMajor Alexandra L. McCrary-DennisMajor Brian H. AdamsMajor Robert K. GotheridgeCaptain Nicole J. HerbersCaptain Scott A. TaylorSenior Master Sergeant Jacob M. WolfMaster Sergeant Robert M. Ray IIIM aster Sergeant Crystal L. SmithMaster Sergeant Adria D. WinlockMaster Sergeant Austin R. HardinMaster Sergeant Joshua L. BurrowsTechnical Sergeant Eduardo De La TorreTechnical Sergeant Angel D. KozarTechnical Sergeant Christina E. Contreras Technical Sergeant Stacey E. WarfieldTechnical Sergeant Precilla A. LawrenceiiSPECIAL THANKS TO Headquarters Air Force Administrative Law Directorate (AF/JAA) Headquarters Air Force Operations and International Law Directorate (AF/JAO) Air Force Legal Operations Agency, Civil Law and Litigation Directorate (AFLOA/JAC)Air Force Legal Operations Agency, Community Legal Services Directorate (AFLOA/CLS) Air Force Legal Operations Agency, Judiciary (AFLOA/JAJ)Air Force Legal Operations Agency, Commercial Law & Litigation Directorate (AFLOA/JAQ) Air Force Personnel Center, Office of the Staff Judge Advocate (AFPC/JA)24th Air Force, Office of the Staff Judge Advocate (24 AF/JA)The Judge Advocate General s School (AFJAGS)AFJAGS Facebook: Publications: DAVID L.

5 GOLDFEIN Chief of staff, united states air forCe LIEUTENANT GENERAL STEVEN L. KWAST COMMANDER , air eduCation and training Command LIEUTENANT GENERAL ANTHONY J. COTTON COMMANDER and President, air University MAJOR GENERAL MICHAEL D. ROTHSTEIN COMMANDER , Curtis e . lemay Center for doCtrine develoPment and eduCation LIEUTENANT COLONEL DARIN M. GREGG direCtor, air University Press_____DONNA BUDJENSKA ProJeCt editorNEDRA LOONEY PrePress ProduCtionDIANE CLARK Print PreParation and distribution_____Air University PressAir University Press600 Chennault Circle, Bldg. 1405 Maxwell AFB, AL 36112-6026 Press Facebook: : of Congress Cataloging-in-Publication Data 9781585662890ivvTHE MILITARY COMMANDER AND THE LAW Table of ConTenTsCHAPTER ONE: LEGAL ISSUES SPECIFICTO THE COMMANDER .

6 1 Sources of Command Authority ..2 Command Succession ..4 Functions of the Staff Judge Advocate (SJA) ..7 Personal Liability of Commanders and Supervisors ..9 Article 138 Complaints ..10 Unlawful Command Influence (UCI) ..13 Serving as a Court Member ..15 Testifying as a Witness ..17 CHAPTER TWO: QUALITY FORCEMANAGEMENT ..19 Administrative Counselings, Admonishments, and Reprimands ..20 Unfavorable Information File (UIF) ..27 Control Rosters ..32 Administrative Demotions ..34 Selective Reenlistment ..37 Reserve Reenlistments ..39 Officer and Enlisted Evaluation Systems ..41 Officer Promotion Propriety Actions ..45 Enlisted Promotion Propriety Actions ..48 CHAPTER THREE: NONJUDICIALPUNISHMENT UNDER ARTICLE 15, UCMJ ..51 Nonjudicial Punishment (NJP) Overview and Procedures.

7 52 Supplementary Nonjudicial Punishment (NJP) Actions ..58 Quality Force Management Effects of Nonjudicial Punishment (NJP) ..62viCHAPTER FOUR: ADMINISTRATIVESEPARATION FROM THE AIR FORCE ..65 Involuntary Separation of Enlisted Members: General Considerations ..66 Involuntary Separation of Enlisted Members: Reasons for Discharge ..69 Dual Action Processing of Administrative and Medical Discharges ..75 Procedure to Involuntarily Separate Enlisted Members ..76 Probation and Rehabilitation (P&R) for Enlisted Members ..79 Officer Separations ..82 Administrative Separation of Reservists ..86 CHAPTER FIVE: CRIMINAL AND MILITARY JUSTICE ..89 Installation Jurisdiction ..90 Federal Magistrate Program ..92 Court-Martial Jurisdiction Under the COMMANDER s Guide to the AFOSI.

8 97 Functions of the Area Defense Counsel (ADC) ..102 Command Response to Sexual Assault ..103 Sexual Assault Prevention and Response (SAPR) ..105 Special Victims' Counsel (SVC) Program ..111 Air Force Victim Witness Assistance Program (VWAP)..114 Transitional Compensation for Victims of Abuse ..117 Media Relations in MILITARY Justice Suspects of Rights ..123 Inspections and Searches ..127 Preliminary Inquiry Into Reported Offenses ..133 Preparation, Preferral, and Processing of Restraint and Confinement ..136 Trial Format ..140 Confidentiality and Privileged Communications ..142 Post-Trial Matters ..145 CHAPTER SIX: PERSONNEL ISSUES GENERALLY ..147 Total Force: Air Reserve Component (ARC) ..148 Active Guard and Reserve Curtailments.

9 151viiReassignment to the Individual Ready Reserve (IRR) ..152 Debarment ..155 Driving Privileges ..157 Army and Air Force Exchange Service (AAFES) and Commissary Benefits ..159 Substance Abuse ..161 Private Organizations (PO) ..166 Political Activities, Free Speech, Demonstrations, Open Houses, Extremist Activity, and Hate Groups ..170 Religious Issues in the Air Force ..172 Social Media and Electronic Communication ..177 Freedom of Information Act (FOIA) ..181 Privacy Act (PA) ..184 Delivery of MILITARY Personnel, Employees, and Family Members to Civilian Authorities for Trial ..187 Citizenship for MILITARY Members ..191 CHAPTER SEVEN: PERSONNEL ISSUES MILITARY MEMBERS ..193 The Air Force Urinalysis Program ..194 Urinalysis Checklist for Unit Commanders.

10 199 Fraternization and Unprofessional Relationships ..201 Hazing ..204 Financial Responsibility, Bad Checks, & Bankruptcy ..206 Civilian Jury Service by MILITARY Members ..209 Human Immunodeficiency Virus (HIV) ..210 Anthrax Mental Health Evaluations ..214 Limited Privilege Suicide Prevention (LPSP) Program ..217 Health Insurance Portability and Accountability Act (HIPAA) ..219 Personnel Reliability Program (PRP) ..221 Lautenberg Amendment ..224 Conscientious Objection (CO) to MILITARY Program ..229 The Air Reserve Component (ARC) Fitness Program ..232viiiUnauthorized Absence ..235 Unauthorized Absence for an Air Reserve Component (ARC) Member ..237 Line of Duty (LOD) Determinations ..239 Disability Evaluation System (DES)..243 Officer Grade Determinations (OGD).