overview history roles and responsibilities air force core values
TRANSCRIPT
FIRST SERGEANT ACADEMYOur Job Is People, Everyone is our Business
Integrity – Service – Excellence
The First Sergeant
Position
First Sergeant Academy
OVERVIEW
OUR STARTING POINTREVOLUTIONARY WARDUTIESCHANGES, 1832-1847COL CHARLES A. ROMEYN1947-PRESENT
First Sergeant Academy
OUR STARTING POINT
THE FIRST SERGEANT HAS ALWAYS HELD A HIGHLY VISIBLE AND
DISTINCTIVE, ALBEIT NOTORIOUS, POSITION IN THE MILITARY UNIT.
First Sergeant Academy
OUR STARTING POINT
Roman Legion CenturionsFirst mention of soldiers responsible for
disciplining troopsLead soldier for 100 menCarried unit’s legions on long poles called
standardsFinal defenders of legion’s standards during battleConduit between officers and enlisted
First Sergeant Academy
17th Century Prussian Army FeldwebelOverseer of enlisted personnelAssigned at company levelKnowledgeable of dutiesAccountability of peopleContinuity of company commanderAuthorized to use cane to instill discipline
How are first sergeants viewed today?
OUR STARTING POINT
First Sergeant Academy
REVOLUTIONARY WAR
General Washington: Battled with unit ineffectiveness / desertion
General Baron Von Stuben of Prussian ArmyTactics in training and drillRequired high degree of disciplineTask given to first sergeantCompany first sergeant
“Blue Book of Regulation”
First Sergeant Academy
REVOLUTIONARY WAR
“Blue Book of Regulations”Duties / responsibilities of company membersKey personnelNames, height, jobs, addresses of personnel
First Sergeant Academy
DUTIES
Original First Sergeant Duties Maintain duty rosterTake daily ordersComplete morning rosterBe acquainted with all personnelBe availableMaintain company’s descriptive books
First Sergeant Academy
CHANGES OF 1832-1847
Wore red sash around the waistNew pay scale – $15.00/monthSgt. Majors, Quartermaster Sergeants, & Chief
Musicians received $16/month1847– authorized chevrons on jacket and
wear of the lozenge (diamond) on the insignia
First Sergeant Academy
COL CHARLES A. ROMEYN
Requirements of the “Best First Sergeant”SobrietyLoyaltyAlways on the job!Knowledge of paperworkPhysically activeSympathetic & tactfulMarksman & horsemanship
First Sergeant Academy
CHANGES FROM 1947 TO PRESENT
1947– formal position and AFSC (731X0) vs. rankE-6 and above could hold position1960 – AFSC changed to 10090 / opened to all
AFSC’s1971– only E-7’s, FSA optional1985– mandatory completion of FSAGraduates prior to 03A can stay indefinitely2002– officially became a special duty
First Sergeant Academy
Roles and Responsibilities• Expeditionary Leader• Advisor to the Commander• Sets the example
First Sergeant Academy
Roles and Responsibilities
• Your position as the unit First Sergeant will give you an extreme amount of authority and you must be careful how you use it.
First Sergeant Academy
Air Force Core Values• Integrity First– Willingness– Courage– Honesty– Responsibility– Accountability– Justice– Openness– Self-respect– Humility
First Sergeant Academy
Air Force Core Values• Service Before Self– Rule following– Respect for others– Discipline and self control– Faith in the system
First Sergeant Academy
Air Force Core Values• Excellence in All We Do
– Product/service excellence– Personal excellence– Community excellence– Resource excellence– Operational excellence
First Sergeant Academy
"If your actions inspire others to dream more, learn more, do more and become more, you
are a leader“ John Quincy
Adams
First Sergeant Academy
FIRST SERGEANT ACADEMYOur Job Is People, Everyone is our Business
Integrity – Service – Excellence
QUESTIONS?
FIRST SERGEANT ACADEMYOur Job Is People, Everyone is our Business
Integrity – Service – Excellence
Unit Orientation
First Sergeant Academy
MP 2: Base Orientation Wing Commander or Representative Inspector General Staff Representatives
First Sergeant Academy
MP 3: Unit Orientation
Unit Commander or RepresentativeMission and Objectives First SergeantSenior ARTOIC/NCOICTraining MonitorCSS
First Sergeant Academy
MP 3: Unit Orientation Immediate Supervisor Mission and Objectives Duty Hours Lunch Hour Duty Tasks Training Safety Coworker Introductions
First Sergeant Academy
AFRC
• 4th Air Force – focus specifically on global reach (tankers and airlift capabilities).
• 10th Air Force – strike, ISR, space, cyber, and special operations assets.
• 22nd Air Force – tactical airlift, combat support, training.
First Sergeant Academy
FIRST SERGEANT ACADEMYOur Job Is People, Everyone is our Business
Integrity – Service – Excellence
QUESTIONS?
FIRST SERGEANT ACADEMYOur Job Is People, Everyone is our Business
Integrity – Service – Excellence
AFRC UnitParticipation
First Sergeant Academy
Overview:
Satisfactory ParticipationNonparticipationTypes of ParticipationTelecommutingPoints AccumulationFirst Sergeant Responsibility
UNIT PARTICIPATION
First Sergeant Academy
AFI 36-2254 VOL 1
Reserve Personnel Participation;
VOL 2
Reserve Personnel Training
VOL 3
Reserve Personnel Telecommuting/ Advance Distributed Learning (ADL) Guidelines
MP1: AFMAN 36-8001
First Sergeant Academy
– Military standards of dress and appearance – Physical fitness requirements– Medical standards and qualifications – Perform 48 paid Training Periods per year (TP) – Perform at least 14 AT per year
SATISFACTORY PARTICIPATION IS NOT THE SAME AS A GOOD YEAR!
50 POINTS IS JUST A BI-PRODUCT OF PARTICIPATING
MP2: Requirements
Requirements For Satisfactory Participation?
First Sergeant Academy
•Excused Absence•Unexcused Absence•Constructively Present
MP3: Airmen Nonparticipation
First Sergeant Academy
Initial Active Duty Training (IADT) Unit Training Assembly (UTA) Equivalent Training (ET) RMP Additional Flying Training Period (AFTP) Additional Ground Training Period (AGTP) Annual Tour (AT) Active Duty for Operational Support (ADOS) Progression Tours Active Duty for Training (ADT) Tours
MP4: Types of Participation
First Sergeant Academy
Airmen are subject to the UCMJMust meet all participation requirementsApproval Authority – NAF/Wing/Group CC or Designees
Authority concurrence prior to performing telecommuting
Should not use for formal trainingWritten Agreement
Approving AuthoritySupervisor
MP5: TELECOMMUTING
First Sergeant Academy
Earning Points:
– Maximum Training Periods(TP) per FY is 48 points for a satisfactory year.
– Must perform at least 14 Training days (AD), Maximum in FT is 15 days. NAF/CC may authorize up to 20 days.
– 1 point for each 4 hours of Inactive Duty Training (IDT) not to exceed 2 per day and 1 point for each day of Active Duty
– 1 point for each 3 hours of awarded ECI courses (15 max)– Max earnings 365 creditable points (366 for a leap year) per year
MP6: Point Accumulation
First Sergeant Academy
• Meet and Greet• Review Unit Absentee Report• Oversee commander’s program• Lead by example• Ensure the integrity of the unit• You are the model
MP7: The First Sergeant
First Sergeant Academy
Summary:
Satisfactory ParticipationNonparticipationTypes of ParticipationTelecommutingPoints AccumulationFirst Sergeant Responsibility
UNIT PARTICIPATION
First Sergeant Academy
FIRST SERGEANT ACADEMYOur Job Is People, Everyone is our Business
Integrity – Service – Excellence
QUESTIONS?
FIRST SERGEANT ACADEMYOur Job Is People, Everyone is our Business
Integrity – Service – Excellence
Authorized/Unauthorized
Absences
First Sergeant Academy
OVERVIEW
General Guidance Types of Leave PassesPermissive TDYReserve Members Unauthorized Absence Classification (AWOL/Deserter) Sequence of Events
First Sergeant Academy
MP1. General Guidance
Established by Congress Unit commander’s leave policy At least 14 consecutive days and 30 days/year Authorized Absence Where leave begins and ends…Local Area
Charged for duty days and non-duty days Leave Extensions Determining Leave or Duty Status
Examples Recall from Leave Special Leave Accrual (SLA)
First Sergeant Academy
MP2. Types of Leave
Annual Leave Advance Leave
Approval of 30 days or less Approval of more than 30 days
Convalescent Leave 30 days or less Exception: 42 days for normal pregnancy
Emergency Leave Immediate Family Emergency Leave Process
Terminal Leave Excess Leave
First Sergeant Academy
MP3. Passes
Two typesRegular: (Liberty) Starts after normal working hours
on a given day and stops at the beginning of normal working hours on the next working day.
Special: Starts after normal working hours on a given day and will not exceed a specific time limit of either three or four days.3-Day: Must contain at least one duty day4-Day: Must include two consecutive non-duty days
First Sergeant Academy
MP4. Permissive TDY (PTDY)
Administrative AbsenceNot chargeable as leave50 specific rules governing PTDY
AFI 36-3003, Table 7Examples
New housing with PCSPre-separation or Retirement Accompany dependant or member patient to a
designated Medical Treatment Facility
First Sergeant Academy
WHEN DOES THIS APPLY TO AFRC MEMBERS?
CAN WE GIVE AIRMEN ON A UTA WEEKEND A DAY OFF?
MP5. Reserve Members
First Sergeant Academy
MP 7:AWOL/DESERTER CLASSIFICATION
CLASSIFICATION DETERMINED BY TIME
REASONS FOR IMMEDIATE DESERTER CLASSIFICATION
First Sergeant Academy
MP 8: RESPONSIBILITIES ANDSEQUENCE OF EVENTS
COMMANDERFIRST SERGEANTSUPERVISORSECURITY FORCESMPF
First Sergeant Academy
DESERTION AND UNAUTHORIZED ABSENCE CHECKLIST Action Required
** DENOTES RECOMMEDED ACTIONS TO TAKE.
Immediately Attempt to locate member. Notify SFS. **Get statement from supervisor. Duty Status-
Whereabouts Unknown (temporary casualty status). Declare deserter now?
24 Hours Prepare and submit AF Form 2098 (AWOL/Deserter) to FSO. **Inventory member’s
effects (mil/civ). **Attempt to obtain photograph.
72 Hours Unit commander, with the assistance from the supervisor, prepares and submits the unit
commander’s letter of inquiry.
10th Day Letter to next of kin and payees of allotments.
31st Day CC prepares 31st day status report. Notify MPF and SFS of member’s continued absence.
Retrieve family members’ ID Cards. Prepare AF Form 2098 (Deserter) and DD Form 553,
Deserter/Absentee Wanted by the Armed Forces. Family member financial help (E4 less than 4
years TAFMS) must be taken within first three months of unauthorized absence. MPF pulls
the field records.
60th Day Prepare and submit third unit commander’s status report.
120th Day **Dispose of personal property.
180th Day MPF drops member from unit’s rolls. Manning unit programs replacement.
Letter to Next of K in (NOK ) 1. Military authorities do not know the member’s whereabouts and believes member to be AWOL. 2. NOK should urge member to return. 3. NOK should notify nearest military installation if they know the member’s whereabouts. 4. Dependent will be ineligible for medical care, other benefits and privileges if change to deserter status. 5. Continued absence may lead to a court-martial, loss of pay and allowance and government insurance, reduction in grade, BCD, DD, and/or confinement.
First Sergeant Academy
WHEN DOES THIS APPLY TO AFRC MEMBERS?
CAN AN AIRMAN ON A UTA WEEKEND BE AWOL?
MP9. Reserve Members
First Sergeant Academy
Summary
General Guidance Types of Leave PassesPermissive TDYReserve Members Unauthorized Absence Classification (AWOL/Deserter) Sequence of Events
First Sergeant Academy
FIRST SERGEANT ACADEMYOur Job Is People, Everyone is our Business
Integrity – Service – Excellence
QUESTIONS?
FIRST SERGEANT ACADEMYOur Job Is People, Everyone is our Business
Integrity – Service – Excellence
RECOGNITIONPROGRAMS
First Sergeant Academy
OVERVIEWObjective and RecommendationsCommon DecorationsConsiderations for DecorationsAwards ProgramPresentation
First Sergeant Academy
MP 1: OBJECTIVE OF ANDRECOMMENDATIONS FOR RECOGNITION
Recognize personnel to foster morale, incentive, and esprit de corpsWho deserves recognitionNot for a token effortService-Honorable
First Sergeant Academy
MP 1: OBJECTIVE OF ANDRECOMMENDATIONS FOR RECOGNITION
“Diamond” Check Decorations
Level of ResponsibilityManner of Performance
Other RecognitionWhole Person ConceptPerformance clearly above peers
First Sergeant Academy
Decorations are awarded for:Outstanding achievementHeroism or acts of courageMeritorious service
When:PCS/PCA/RetirementExtended Tour
MP 2: DECORATIONS
First Sergeant Academy
Meritorious Service Medal Air Force Commendation Medal Air Force Achievement Medal Air Force Good Conduct Medal Air Reserve Forces Meritorious Service Medal Armed Forces Reserve Medal
MP 2: COMMON DECORATIONS
First Sergeant Academy
MP 3: Considerations Denial
Supervisor & CC (Décor 6) Good Conduct Medal (Memorandum)
Disapprove or Downgrade Approval Authority
Refusal Member elects not to wear
Revocation Approval Authority
First Sergeant Academy
MP 4: AWARDS PROGRAMS 1st Sgt Involvement
12 Outstanding Airman of the Year Quarterly Annual
Functional Other Awards
Example: Military Outstanding Volunteer Service Award
Informal Unit-level Recognition
First Sergeant Academy
MP 5: PRESENTATION OF AWARDS/DECS
Special Awards/Trophies/Gifts-Where can you get them? O&M Funds SM&W Funds Solicitation Legalities
Ceremony
Make it a big deal!!
First Sergeant Academy
Summary
Objective and Recommendations Common Recognition Considerations Awards ProgramPresentation
FIRST SERGEANT ACADEMYOur Job Is People, Everyone is our Business
Integrity – Service – Excellence
Air Force Fitness Program
AFI 36-2905
First Sergeant Academy
70
IntentUnit ResponsibilitiesAir Force InstructionBuilding a Squadron Fitness
ProgramNutritional Education and
ResourcesVarious Exercise Programs
OVERVIEW
First Sergeant Academy
71
MP1. INTENT AFI 36-2905“It is every Airman’s responsibility to maintain the standards set forth in this AFI 365 days a year.”
“The Goal of the fitness program is to motivate all members to participate in a year-round physical conditioning program that emphasizes total fitness, to include proper aerobic conditioning, strength/flexibility training and healthy eating.”
“Health benefits from an active lifestyle will increase productivity, optimize health, and decrease absenteeism while maintaining a higher level of READINESS.”
First Sergeant Academy
“The idea is to maintain a constant state of readiness and fitness..”Ellsworth AFB 2009
“The new PT test is about developing a fitness lifestyle.” Ellsworth AFB 2009
“A higher operations tempo requires Airmen to be physically fit. The chief said the new physical fitness test will keep everyone fit to fight.” Military.com 2009
CMSAF JAMES A. ROY
MP 1: INTENT
First Sergeant Academy
73
MP2: Responsibilities Unit Commander
Execute and enforce the unit fitness program and ensure appropriate action is taken of non-compliance.
Provide a work environment that supports healthy lifestyle choices.
Implement and maintain a unit/squadron PT program
Have a written policy that describes their Unit Fitness Program
Appoint Physical Training Leaders (PTL) and Unit Fitness Program Managers (UFPM) in writing
Will encourage members to participate in physical fitness training up to 90 minutes, 3 to 5 times per week and are encouraged to schedule or authorize training during duty hours.
“CMSAF Roy encouraged commanders, first sergeants and chief master sergeants to lead their Airmen in fitness programs.”
Joint Base Andrews 2009
First Sergeant Academy
MP2: Responsibilities First Sergeant
Be familiar with and ensure all Airmen are aware of the Commander’s Fitness Program
Work with PTLs and UFPMs to be aware of all member’s fitness levels, and advise Commander of negative quality force indicators
Be familiar with support agencies and resources that can assist Airmen on meeting the USAF fitness standards
Lead by example by participating in squadron PT functions, as well as some sort of self-directed fitness program
Brief unit leadership on possible trends affecting the mission
Know the AFI and advise leadership of the proper administrative actions
First Sergeant Academy
MP2: Responsibilities Airmen
Know AFI 36-2905Know the Commander’s policiesKnow their PTLs and UFPMLead a Healthy Life StyleHelp/Education those not in compliance Be physically ready to accomplish the mission.Attain and maintain excellent physicalconditioning and always meet Air Force fitness standards. Actively participate in the Air Force Fitness
Program
First Sergeant Academy
Each component has a minimum component score. These scores do not earn a composite passing score. Failure to meet minimum in one or more component results in an Unsatisfactory FA Score.
The Fitness Assessment Cell (FAC) will conduct all Fitness Assessments. Where there is no FAC, FA’s should be conducted by a certified PTL from another unit.
Fitness Screening Questionnaire – Should be completed no earlier than 30 calendar days (90 for ARC), but NLT 7 days prior to FA to provide time for medical evaluation.
Testing - Must be completed within a 3-hour window on the same day, (Must be in military status for assessment)
MP3 AFI
First Sergeant Academy
MP3 AFI 3 Jan 2012 – New AF Guidance Memo about Fitness
Revised Push-ups and Sit-ups
How does Fitness affect EPR’s and OPR’s?
If Pass, then MEETS STANDARDS
If Fails, then DOES NOT MEET STANDARDS
Attachment 1, 4c
“Remain current as defined in AFI 36-2905 (dated 1 July 2010), paragraph 2.12. Failing to remain current as well as failing to attain a passing score on the applicable FA before the end of the performance report reporting period will result in a "DOES NOT MEET STANDARDS" rating on the member’s OPR/EPR if, as of the closeout date of the performance report, currency or a passing score is not obtained”
First Sergeant Academy
MP 3 AFI
Exemptions are designed to categorize members as unable or unavailable to train or assess for a limited time period
Commanders may grant exemptions as outlined in AFI 36-2905, Table 4.3
CATEGORIES
Composite Exemptions – Member is exempt from all components of the FA
Component Exemption – Member is exempt from one or more components of the FA, but will be assessed on the remaining components
First Sergeant Academy
MP 3 AFIExemption greater than 30 days, including pregnancy, will
refer to the EP/FPM or appropriate ancillary provider for exercise assessment, prescription and counseling, or rehabilitation program
Member is eligible for FA 42 days after expiration of physical limitation if greater than 30 days. (180 days for pregnancies)
Any member Exempt from a component and scores 90 or Above, still has to test every 6 month
Military provider must make final disposition for any physical limitation in cases where non-military providers are utilized
PCS – Must be current and not expired prior to the RNLTD and is authorized 42 days from the DAS before assessment
First Sergeant Academy
What is the typical conversation about the USAF Fitness Program?
What is the effect the typical conversations have on F2F results?
AFI 36-2905 states: “The Goal of the fitness program is to MOTIVATE all members to participate in a year-round physical conditioning program that emphasizes total fitness, to include proper aerobic conditioning, strength/flexibility training and healthy eating.”
MP4: Building a Squadron Fitness Program
First Sergeant Academy
MP4: Building a Squadron Fitness Program
Goal is to motivate all membersWhat motivates you?
Circuit Training
First Sergeant Academy
MP 5: Nutritional Education
Do you eat healthy?
How do you know?
How many times a day do you eat?
How many calories a day do you consume?
Where do your calories come from?
First Sergeant Academy
MP 6: Various Exercise Programs
Be familiar with various classes and programs offered both on base and off.
CC and CCF should be actively involved.
CC and CCF lead by example, both in participation and attitude.
Recognize and reward effort and accomplishments, but also correct those who do not meet standards (according with AFI 36-2905).
First Sergeant Academy
85
Summary
IntentUnit ResponsibilitiesAir Force InstructionBuilding a Squadron Fitness
ProgramNutritional Education and
ResourcesVarious Exercise Programs
First Sergeant Academy
FIRST SERGEANT ACADEMYOur Job Is People, Everyone is our Business
Integrity – Service – Excellence
QUESTIONS?
FIRST SERGEANT ACADEMYOur Job Is People, Everyone is our Business
Integrity – Service – Excellence
FAMILY CAREPROGRAM
First Sergeant Academy
Family Care Program First Sergeant Responsibilities Family Care Plan
OVERVIEW
First Sergeant Academy
MP 1: Family Care Program
FAMILY CARE PLANNING IS THE ADVANCED PROCESS OF PLANNING FOR THE CARE OF FAMILY MEMBERS DURING THE AIR FORCE MEMBER’S ABSENCE
PERSONNEL REQUIRED TO DOCUMENT THEIR PLAN ON AF FORM 357
DEFERMENTS FROM DUTY
First Sergeant Academy
FIRST SERGEANT ACADEMYOur Job Is People, Everyone is our Business
Integrity – Service – Excellence
QUESTIONS?
FIRST SERGEANT ACADEMYOur Job Is People, Everyone is our Business
Integrity – Service – Excellence
EnlistedPromotions
First Sergeant AcademyOVERVIEWOVERVIEW
Promotion Authority Ineligible for Promotion Minimum Eligibility Requirements Types of Promotions Promotion Process First Sergeant’s Role
First Sergeant Academy
REFERENCES
AFI 36-2502, Airmen Promotion Program Chapter 4 applies specifically to Reservists
AFI 36-2113, The First Sergeant
AFI 36-2618, The Enlisted Force Structure
First Sergeant Academy
MP1 Promotion Program Objectives
“The Air Force must be able to identify those people with the highest potential to fill positions of increase grade and responsibility.”
AFPD 36-25
First Sergeant AcademyMP2 Promotion AuthorityMP2 Promotion Authority
Amn – MSgt Unit Commander
SMSgt – CMSgt Wing Commander or detached Group Commander
First Sergeant Academy
MP3 Ineligible for Promotion
A member in training status code “T” is ineligible
An EPR that is a referral or a rating of a 2 would render a member ineligible, unless a new EPR is written with at least an overall rating of a 3
A referal EPR do to a Fitness Test Failure
1 year from the date of a court martial order or the longest period of punishment renders a member ineligible
The member is blocked for promotion
The airman does not meet the requirements of Table 4.2, eligibility requirements
First Sergeant Academy
Promotion to Grade of: PAFSC Time in Grade(See Note 14)
Enlisted Service(See Note 15)
Satisfactory Service(See Note 16)
Amn Not Required 6 months (from IADT)
Not Applicable Not Applicable
A1C Not Required 6 months (From IADT)
Not Applicable Not Applicable
SrA 3-skill level 8 months Not Applicable 1 year
SSgt(See Note 10)
5-skill level, or a 3-skill when a 5-skill does not exit in AFSC
12 months Not Applicable 4 years
TSgt 7-skill level 18 months Not Applicable 5 years
MSgt(See Note 11)
7-skill level 24 months 8 years 8 years
SMSgt(See Note 12)
7- or 9-skill level 24 months 10 years 11 years
CMSgt 9-skill level 24 months 10 years 14 years
MP4 Minimum Eligibility Requirements for Promotion
First Sergeant Academy
MP5: Types of PromotionsMP5: Types of Promotions
Unit Vacancy Promotion
Extended Promotion Program (EPP)
Promotion Enhancement Program (PEP)
First Sergeant Academy
Promotions occur monthly
Personnel must meet the eligibility criteria outlined in AFI 36-2502, Table 4.2 prior to the first day of the promotion cycle
Individuals moved to slots being vacated by someone retiring, separating, HYT or reassignment, cannot be promoted until the promotion cycle after the incumbent’s has physically departed
Unit VacancyUnit Vacancy
First Sergeant Academy
Extended Promotion ProgramExtended Promotion Program
EPP was implemented to allow the promotion of those SSgt’s with extended time in grade and time in service to be promoted to TSgt without being assigned to a valid vacant position effective 1 Dec 97
Allows for promotion to TSgt individuals in an E6/E5 position that are blocked for promotion under unit vacancy and are not an overage (do not own the slot)
Applies to Air Reserve Technicians (ART’s) and Traditional Reservists who meet eligibility criteria and have commanders approval
No current UIF or Control Roster
Meets all requirements of AFI 36-2502, Table 4.2, excluding unit vacancy
First Sergeant Academy
PROMOTION ENHANCEMENT PROGRAM (PEP)PROMOTION ENHANCEMENT PROGRAM (PEP)
Reference: AFI 36-2502 (Table 4.2), 22 AF/CCC Memo dated 30 October 2001
General Overview:Eligibility: Meet requirements for promotion according to AFI 36-2502, Table 4.2 Be blocked from promotion under Unit Vacancy Promotion Program Can only be promoted one grade higher than unit manning document
(UMD) position to which currently assigned Recommended by unit commander Meet the Fitness Requirements Must not be in an overage on the UMD Must not have any unexcused absences
First Sergeant AcademyMP6: Promotion ProcessMP6: Promotion Process
1. MPF identifies airmen eligible for promotion every month (Table 4.2, eligibility requirements) and forwards an eligibility rooster to the unit commander before each UTA the month preceding the month the promotion is to be effective.
2. The unit commander processes the eligibility roster prior to the UTA completion, lining through names of airmen not recommended and annotating a period of ineligibility not to exceed 6 months.
First Sergeant Academy
PERSONAL DATA - PRIVACY ACT OF 1974 (USC 552a) UNIT: 123 AERIAL PORT SQ FFLHB0 PAS: W52PFLHB WESTOVER AFB MA 010220000 RESERVE AIRMEN PROMOTION ELIGIBILITY ROSTER PROMOTION MONTH: JUL THE FOLLOWING PERSONNEL, YOUR UNIT, MEET ALL THE REQUIREMENTS OF AFI 36-2502,TABLE 4.2, FOR PROMOTION TO THE NEXT HIGHER GRADE. REQUEST YOU REVIEW THISLISTING AND MAKE YOUR ANNOTATIONS FOR NONRECOMMENDATIONS THEN FORWARD TO THEMPF. NAME GR-CURR PAFSC PAY-DT PME-1ST AUTH-GRDSSAN DOR CAFSC SAT-SVC PME-2ND POSN-NREPR EFF-DT DAFSC RR--YY PME-3RD FACUNEXCUSED EXCUSED WMP-STAT TNG_STAT ART MIGALA, LINDSAY CA SSG 2T271 15 SEP 1997 36 TSgt 123-45-6789 01 MAR 2003 2T251 080000 00797583B-13 APR 2006 12 APR 2004 2T271 0915 42H1000 24 R
BOUCHARD, JOHN MSGT 2T271 15 SEP 1997 36 SMSGT 123-45-6789 01 MAR 2003 2T251 080000 00797583B-13 APR 2006 12 APR 2004 2T271 0915 42H1000 24 R
I CERTIFY THAT THE INFORMATION LISTED IS TRUE AND CORRECT. I FURTHER CERTIFYTHAT ALL PERSONNEL NOT RECOMMENDED HAVE BEEN ANNOTATED ACCORDINGLY.
Michael R Bellerose 25JUN07
SIGNATURE OF UNIT COMMANDER DATE
Until further review is made, member is ineligible until 01AUG07
First Sergeant AcademyMP6: Promotion ProcessMP6: Promotion Process
3. Complete the AF Form 224 in duplicate (mandatory for promotions to SMSgt and CMSgt) for Wing Commanders approval
5. Forward the roster, RSC and the AF Form 224 to the MPF by the end of the UTA.
4. The Unit prepares a Reserve Service Commitment (RSC) Contract on personnel being recommended for promotion to MSgt/SMSgt/CMSgt. Must have two years retainability.
First Sergeant AcademyIneligibility RosterPERSONAL DATA - PRIVACY ACT OF 1974 (USC 552a)
UNIT: 123 AERIAL PORT SQ FFLHB0 RESERVE AIRMEN PROMOTION INELIGIBILITY ROSTER PROMOTION MONTH: JUL NAME PAFSC DOR TNG-ST ASG-GR+1 PME1 PAY-DTGRD ART SSAN DAFSC POSN-NR FAC AUTH-GRD PME2 TEMSD2AFSC SAT SVC UNEXC WMP PME3 EPRUIF CNTL-RSR ART15----------------------------------------------------------------------
BENTLEY, EDNA TERI 2T271 01-MAR-04 R 37 Q 13-DEC-84TSG 012-65-9874 2T251 0079845 42H100 35 X 201129 0 3-B INELIGIBLE REASON: UMD-OVERAGE PME NO-VACANCY
BIZA, STEPHANIE LYN 2T251 01-JAN-06 R 35 10-APR-05SRA 123-89-6541 2T251 0079919 42J100 34 010000 0 - INELIGIBLE REASON: PME
First Sergeant Academy 1.2. The first sergeant is responsible for providing sound advice to the commander on a wide range of topics including the health, esprit de corps, discipline, mentoring, well being, career progression, recognition, and professional development of all assigned enlisted members. AFI 36-2113
First Sergeant Academy
6.1.7. First Sergeants. First sergeants are specially selected SNCOs freed from operational and production requirements to provide a dedicated focal point for enlisted issues within their units. First sergeants derive their authority from the unit commander and exercise general supervision over all assigned enlisted personnel. At home station or deployed, a first sergeant’s primary responsibility is to maintain a mission-ready enlisted force.
AFI 36-2113
First Sergeant AcademySUMMARYSUMMARY
Promotion Authority Ineligible for Promotion Minimum Eligibility Requirements Types of Promotions Promotion Process First Sergeant’s Role
First Sergeant Academy
FIRST SERGEANT ACADEMYOur Job Is People, Everyone is our Business
Integrity – Service – Excellence
QUESTIONS?
FIRST SERGEANT ACADEMYOur Job Is People, Everyone is our Business
Integrity – Service – Excellence
AdministrativeActions
First Sergeant Academy
Reference:
AFI 36-2907
Unfavorable Information File (UIF) Program
REFERENCESREFERENCES
First Sergeant Academy
OVERVIEWPurpose Counseling's, Admonishments and ReprimandsUnfavorable Information FileControl RosterResponsibilities
First Sergeant Academy
PURPOSEPurpose is to “improve, correct, andinstruct subordinates who depart fromstandards…on or off duty, and whose actions degrade the individual and unit mission.” -AFI 36-2907
First Sergeant Academy
MP3 Unfavorable Information FileAF Form 1058AF Form 1137Commander’s ActionsMember’s Actions
First Sergeant Academy
MP4 MANDATORY/OPTIONAL ENTRIES -UIF
MandatoryTable 2.2 AFI 36-2907
OptionalTable 2.2 AFI 36-2907
First Sergeant Academy
MP5 DISPOSITION/REMOVAL
AFI 36-2907, Table 2.2 Disposition Determined By Type Of Document Filed In UIF Early Removal Limitations On Removal
First Sergeant Academy
FIRST SERGEANT ACADEMYOur Job Is People, Everyone is our Business
Integrity – Service – Excellence
Control Roster
First Sergeant Academy
MP1 DEFINITION AND PURPOSE
“Rehabilitative tool used by commandersat all levels to set a 6-12 month observationperiod for individuals…who fail to meet ormaintain AF standards of conduct…on andoff duty.” --AFI 36-2907
First Sergeant Academy
MP2 ESTABLISHING CONTROL ROSTERS
ProceduresAF Form 1058AF Form 1137Commander’s ActionsMember’s Actions
First Sergeant Academy
MP3 REMOVAL ACTIONS
Automatically 2400 on the last day of the designated period (Up to 12 calendar months)
Early Removal
First Sergeant Academy
FIRST SERGEANT ACADEMYOur Job Is People, Everyone is our Business
Integrity – Service – Excellence
QUESTIONS?
FIRST SERGEANT ACADEMYOur Job Is People, Everyone is our Business
Integrity – Service – Excellence
AdministrativeDemotions
First Sergeant AcademyOVERVIEWOVERVIEW
Policy Authority Reasons for Demotions Demotion Process Grade Demotions Appeal Process
First Sergeant Academy
MP1 Purpose
Ensure personnel are fully qualified to serve in their current grade and position.
Peter Principle: States that people are promoted to their level of incompetence.
First Sergeant Academy
Policy:
AFI 36-2502 “Airman Promotion/Demotion Programs” (31 Dec 09)
AFPD 36-25 “Military Promotion & Demotion
Administrative in nature
Apply to members in grades of E-2 to E-9
Not used in place of UCMJ actions
MP1 Purpose
First Sergeant Academy
Policy:
Give opportunity to overcome deficiencies Do not demoted Airmen who have separatedSec of AF may direct demotionsCannot be suspendedOnce initiated, cannot be reassignDo not reassign in lieu of demotion
MP1 Purpose
First Sergeant AcademyMP2 Demotion AuthorityMP2 Demotion Authority
Amn - MSgt >>> SPCMA Commander
SMSgt - CMSgt >>> AFRC/CV
Voluntary >>> Wing DP
First Sergeant AcademyMP2 Demotion AuthorityMP2 Demotion Authority
Individual Mobilization Augmentees
>>> Commander of MAJCOM, FOA, DRU Non-pay Program Reservists
>>> ARPC/CCSelected Reserve Program >>> HQ ARPC/DR
First Sergeant AcademyMP3 Reasons for Demotions
Student Status TerminationSkill levelFailure to participateFailure to fulfill NCO responsibilitiesPhysical condition/body fat standardsReorganizationFailure to qualify for dutyVoluntary change of assignment
First Sergeant Academy
Involvement Immediate commander Individual Military Personnel Flight (MPF) Demotion Authority
MP4 Demotion ProcessMP4 Demotion Process
First Sergeant Academy
Notification:Must be in writingState reason and factsMember must acknowledge receiptAppeal information provided to member
MP4 Demotion ProcessMP4 Demotion Process
First Sergeant Academy
Airman in grade E-2 – E-9
Basis for demotion in current enlistment
-Failure to complete training-Failure to maintain Skill/ Grade-Failure to meet NCO Responsibilities-Failure to maintain Fitness Standards-Intentional failure to qualify for duty
First Sergeant Academy
Unit CC ConsultsWith SJA
STOP PROCESS
NO
CC Notifies Airmen in Writing(Include a summary of basiswith facts, rights to council, rightto a personal hearing)
YES
First Sergeant AcademyAirman responds to Commander orally,
in writing, or both within 3 working days (The commander may grant an extension in writing)
Notifies Airmen
he/she is stopping the
process.
STOP
CC reviews Airmen’s responseto demotion. (Agrees/Disagrees)
The commander notifies the airman of the decision in writing, summarizes any written or oral statements made by the airman and sends the entire case file to the servicing Military Personnel Flight (MPF) for processing.
Continue Process
First Sergeant Academy
Military Personnel Flight The MPF provides the demotion package to the demotion authority (next higher level commander).The demotion authority can make additional grade reductions beyond the initiating commander’s
The demotion authority approves the demotion and writes the airman’s servicing MPF to publish a demotion order.
The MPF endorses the demotion authority’s memorandum and sends it to the initiating commander.
AgreesThe demotion authority disapproves the demotion and writes to the airman’s servicing MPF. The demotion authority notifies the MAJCOM and the airman through the initiating commander by endorsing the document. STOP
Disagrees
Demotion AuthorityThe demotion authority can take additional grade reductions other than the initiating commander’s recommendation. The demotion authority requests a written legal review from the servicing staff judge advocate (SJA) before deciding the demotion.
First Sergeant Academy Commander’s Action The commander informs the airman of the grade to which he or she is demoted, include the Date of Rank (DOR) and the demotion effective date. The commander informs the airman that he or she must acknowledge the decision within 3 working days. (May grant an extension)
The commander informs the airman that he or she can appeal the demotion decision to the appellate authority (next higher level commander to the demotion authority) within 3 working days. (May grant an extension)
Airmen’s Action The airman acknowledges receipt by endorsing the document including the date.
Airmen is Demoted
No Appeal Appeal
Demotion Authority Reverses decision and restores original grade. Or demotion authority forwards case to appellate authority without comment.
First Sergeant Academy
Appellate Authority
E-2- E7 Appeal to AFRC/CVE8- E9 Appeal to AFRC/CC
The appellate authority approves the appeal and directs the servicing MPF to restore the airman’s grade and revoke the demotion order. Through the initiating commander, the MPF sends a memorandum telling the airman that the appellate authority approved the appeal and the airman’s previous grade was restored.
Approves the Appeal
The appellate authority disapproves the airman’s appeal. The servicing MPF notifies the airman in writing, via the MAJCOM and initiating commander, both of whom endorse the notice.
Disapproves the Appeal
First Sergeant AcademyAIRMEN ELECTS RETIREMENT IN LIEU
OF DEMOTION
Airmen’s Actions The airman indicates he or she prefers to retire in lieu of demotion, provided airman is eligible for voluntary retirement. The effective date of retirement will be no later than the 1st day of the 4th month following the date the airman received the initial demotion notification.
When an airman submits an application to retire in lieu of demotion, all demotion action stops until the authorities act on the retirement application.
MPF Actions
The MPF forwards the retirement application with a copy of the entire demotion case to HQ AFMPC/DPMARR2, 550 C Street West, Suite 11, Randolph AFB, TX, 78150-4713, within 5 workdays.
First Sergeant Academy
Retirement Authority Decision
The demotion process continues if the authorities disapprove the application.
The demotion process terminates if authorities approve the retirement application. STOP
First Sergeant Academy
Current Grade Demotion to:
SRA or higher >>> A1CA1C >>> AMNAMN >>> AB
Note: Demote three or more grades only when there appears no reasonable hope exists they will ever show the proficiency, leadership or fitness earned in the initial promotion.
MP5 Grade DemotionsMP5 Grade Demotions
First Sergeant Academy
Must be in writingMust be done within 30 DaysAppellate authority:
– For Amn - MSgt >>> AFRC/CV– For SMSgt - CMSgt >>> AFRC/CC
MP6 Appeals ProcessMP6 Appeals Process
First Sergeant AcademySUMMARYSUMMARY
Policy Authority Reasons for Demotions Demotion Process Grade Demotions Appeal Process
First Sergeant Academy
FIRST SERGEANT ACADEMYOur Job Is People, Everyone is our Business
Integrity – Service – Excellence
QUESTIONS?
FIRST SERGEANT ACADEMYOur Job Is People, Everyone is our Business
Integrity – Service – Excellence
AdministrativeSeparations
First Sergeant Academy
OVERVIEW
Purpose And General PoliciesType Service Characterizations
AFI 36-3208 Administrative Separation of Airmen
First Sergeant Academy MP1 PURPOSE/GENERAL POLICY
“The Air Force must maintain a vigorousfighting force with high standards of conduct” AFPD 36-32
“Separating members failing to meet standards…promotes Air Force readiness and strengthens military service” AFI 36-3208
First Sergeant Academy
MP1.2 REASONS TO RETAIN BEYOND ETS
Make good time lost Retention for courts-martial Complete separation processing Medical treatment Foreign court disposition
First Sergeant AcademyMP2 VOLUNTARY SEPARATIONS
Reasons for SeparationsConvenience of the Government (COG)Dependency/HardshipIn lieu of courts-martial
First Sergeant Academy
Reasons Involuntary COG Defective Enlistments Entry level performance or conductUnsatisfactory performance Substance abuse treatment failure MisconductConditions that interfere with military service
MP3.1 INVOLUNTARY SEPARATIONS
First Sergeant Academy
ADMINISTRATIVE DISCHARGE BOARDS(a fact-finding/recommending board that reviews all
the information about the case)
Board entitled if: NCO when processing starts 6 or more years TAFMS when processing starts UOTHC characterization is recommendedIn the interest of National Security
MP3.2 INVOLUNTARY SEPARATIONS
First Sergeant Academy
NON-CHARACTERIZATIONS
Entry LevelRelease from Custody and ControlDropped From Rolls
MP4.2 CHARACTERIZATIONS
First Sergeant Academy
FIRST SERGEANT ACADEMYOur Job Is People, Everyone is our Business
Integrity – Service – Excellence
QUESTIONS?
FIRST SERGEANT ACADEMYOur Job Is People, Everyone is our Business
Integrity – Service – Excellence
Employers SupportOf The
Guard & Reserve
First Sergeant Academy
Overview
Readiness
What is ESGR
ESGR’s Role
Programs and Services
USERRA
Points of Contact
First Sergeant Academy
Readiness
Ready, Willing and Able to Serve and Perform
For the Reservist: READINESS requires Employer Support
First Sergeant Academy
ESGR
• Established by Presidential declaration in 1972, under the Office of the Secretary Defense
• Operates programs as a field activity, on behalf of all National Guard and Reserve members
• Includes 54 committees (every state, District of Columbia, Guam, Puerto Rico, and the the Virgin Islands) staffed by over 4,500 volunteers (business executives, civic and former military leaders)
Note: 1 volunteer per 194 Selective Reserve Members
First Sergeant Academy
Increase public awareness of the critical role and greater utilization / OPSTEMPO of the National Guard and Reserve in the “Total Force” today
Increase public awareness of ESGR programs and our mission to build and strengthen cooperation and partnerships between:
> Employers > Reserve Component Units/Commanders > National Guard and Reserve Members.
NCESGR Goals
First Sergeant Academy
The ESGR Role Program Awareness
Mobilization and Mediation Assistance
Employer Support Recognition Programs
Improved Reservist Retention
Improved READINESS
First Sergeant Academy
AFRC Survey Results
Only one-third of companies allow flexible hours to accommodate reserve schedule
34% feel Reserve obligation is causing problems at their civilian job 56% have utilized vacation time from civilian jobs to perform Reserve
duty 15% believe they have been denied a civilian promotion because of
Reserve duty 10% are thinking of leaving AFRC because of job-related problems 2/3 don’t know services provided by ESGR
First Sergeant Academy
Mission One and Mobilization Support
Awareness:Reservists Rights and Responsibilities
“Mission One”
• Unit Information Briefings
“Mobilization Support”
• Mobilization Briefing
First Sergeant Academy
Briefing with the Boss
Candid exchange of information between employer, unit leadership and the reservist
Role of the unit/reservist within the Air Force mission
The Total Force
First Sergeant AcademyBosslift
• Employers see what our reservists are actually doing
• Employers see the valuable training be conducted
• Military training enhances civilian job specialties
First Sergeant Academy
Statement of Support
They will neither deny employment nor limit or reduce job opportunities because of service in the Reserve components
They will grant leaves of absence for military training
They will ensure their Reserve employees are aware of these policies
Employers pledge:
First Sergeant Academy
Employer Recognition
Employer Award Programs:
Why Reward your Employer?
• You thank them for their support
• You create goodwill with the employer
• You show it’s a two way street
First Sergeant Academy
Ombudsman Services
Ombudsman are volunteers that:
• Provide information and literature• Provide unit briefings or assistance • Answer questions• Understand and can explain the law (USERRA)• Can informally mediate difficult issues
First Sergeant Academy
Ombudsman Services
Informal Mediation
The Ombudsman Program is extremely effective• Greater than 90% of cases resolved• Remainder referred to DoL (93% resolved)• Almost never go to litigation
First Sergeant Academy
How to Get Help
1. Your local ESGR representative
2. Ombudsman service
- Informal Mediation (1-800-336-4590)
3. Dept of Labor/VETS
- Formal Investigation (93% resolved)
4. Dept of Justice/Office of Special Counsel
5. Private Counsel (on your own)
First Sergeant Academy
Uniformed Services Employment and Reemployment Rights Act*
USERRA
(Title 38 of United States Code, Chapter 43)
1994
* Administered by Department of Labor
First Sergeant Academy
Prohibits discrimination against Guard/Reserve service
Ensures continued company benefits -- medical, dental, vision
Ensures participation in company pension, thrift savings, and stock options -- even during military duty
Permits member to file a claim against the employer if USERRA rights are violated
USERRA
First Sergeant Academy
Requirements of USERRA
For the Reservist:
Provide advance notice -- written or oral
Less than five years cumulative absence
Serve under honorable conditions
Timely return to civilian job 30 days or less: safe travel plus 8 hours 31 to 180 days: two weeks over 180 days: 90 days
First Sergeant Academy
For the Employer:
Grant Leave of Absence
Allow for safe travel and rest
Timely reinstatement of member Grant status/seniority/benefits to returning member
Train member, if necessary Do not discriminate in: (employment, reemployment, or promotion)
Requirements of USERRA
First Sergeant Academy
The Bottom Line
Reservist should ...
… know there is a law (USERRA) governing employment and reemployment rights
… ensure they understand the basic tenets of USERRA
… ensure they know whom to contact if they have employer questions or conflicts
First Sergeant Academy
Point of Contact
1-800-336-4590
Employer Support of the Guard and Reserve
MSG Irene Torkildson, DSN: 426-1396, COM: (703) 696-1396
www.esgr.org
First Sergeant Academy
Summary
Readiness
What is ESGR
ESGR’s Role
Programs and Services
USERRA
Points of Contact
First Sergeant Academy
Employer Support is achieved through a dialogue between employers, units and Reserve members
Closing
It’s all about Readiness.
First Sergeant Academy
FIRST SERGEANT ACADEMYOur Job Is People, Everyone is our Business
Integrity – Service – Excellence
QUESTIONS?
FIRST SERGEANT ACADEMYOur Job Is People, Everyone is our Business
Integrity – Service – Excellence
Intro to MCM&
Rights of the Accused
First Sergeant Academy
OverviewPurpose of Military LawThe Manual for Courts-Martial (MCM)Rights of an Accused
Rights AdvisementTraining Requirements
Parts of a Punitive ArticleCommonly used Punitive Articles
First Sergeant Academy
MP1. Purpose of Military Law
Preamble of the MCM:
“The purpose of military law is to promote justice, to assist in maintaining good
order and discipline in the armed forces, to promote efficiency and effectiveness
in the military establishment, and thereby strengthen the national security
of the United States”
First Sergeant Academy
MP2. MCM Overview
Part 1: Preamble
Part 2: Rules for Courts-Martial (RCM)
Part 3: Military Rules of Evidence (MRE)
Part 4: The Punitive Articles
Part 5: Non-judicial Punishment (NJP) Procedures
First Sergeant Academy
MP3. Rights of an Accused
Article 31• Presumption of innocence• Burden of proof• Reasonable Doubt• Self-Incrimination• Rights Advisement
First Sergeant Academy
MP3. Rights of an Accused
Article 27, Equal QualificationsArticle 32
• Pretrial Investigation• General Courts-Martial
Article 38, Right to an attorneyArticle 137, UCMJ training requirements
• Initial entry• After completion of 6 months of active duty• Upon reenlistment
First Sergeant Academy
MP4. Parts of the Punitive Article
Articles 77 – 134 (Punitive Articles)• Part 1: Text• Part 2: Elements• Part 3: Explanation• Part 4: Lesser Included Offenses• Part 5: Maximum Permissible
Punishments• Part 6: Sample Specifications
First Sergeant Academy
47. Article 122 – Robbery
A. Text of statute Any person subject to this chapter who with intent to steal takes anything of value from the person or in the presence of another, against his will, by means of force or violence or fear of immediate or future injury to his person or property or to the person or property of a relative or member of his family or of anyone in his company at the time of the robbery, is guilty of robbery and shall be punished as a court-martial may direct.
B. Elements (1) That the accused wrongfully took certain property from the person or from the possession and in the presence of a person named or described; (2) That the taking was against the will of that person; (3) The taking was by means of force, violence, or force and violence, or putting the person in fear of immediate or future injury to that person, a relative, a member of the person’s family, anyone accompanying the person at the time of the robbery, the person’s property, or the property of a relative, family member, or anyone accompanying the person at the time of the robbery; (4) That the property belonged to a person named or described; (5) That the property was of a certain or of some value; and (6) That the taking of the property of the accused was with the intent permanently to deprive the person robbed of the use and benefit of the property. (7) That the means of force or violence or of putting the person in fear was a firearm.
C. Explanation (1) Taking in the presence of the victim. It is not necessary that the property taken be located within any certain distance of the victim. (2) Force or violence. For a robbery to be committed by force or violence, there must be actual force or violence to the person, preceding or accompanying the taking against the person’s will, and it is immaterial that there is no fear engendered in the victim. (3) Fear. For robbery to be committed by putting the victim in fear, there need be no actual force or violence, but there must be a demonstration of force or menace by which the victim is place in such fear that the victim is warranted in making no resistance.
D. Lesser included offences (1) Article 121 – larceny (2) Article 121 – wrongful appropriation (3) Article 128 – assault; assault consummated by a battery (4) Article 128 – assault with a dangerous weapon (5) Article 134 – assault with intent to rob (6) Article 80 – attempts
E. Maximum punishment (1) When committed with a firearm. Dishonorable discharge, forfeiture of all pay and allowances and confinement for 10 years. (2) Other cases. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.
F. Sample specification In that (personal jurisdiction data) did (at/on board – location) (subject-matter jurisdiction data, if required), on or (violence) (force and violence) (and) (putting him/her in fear) (with firarm) steal from the (person) (presence) of, against his/her will, (a watch) ( ) of value of (about) $ the property of
First Sergeant Academy47. Article 122 – Robbery
A. Text of statuteAny person subject to this
chapter who with intent to steal takes anything of value from the person or in the presence of another, against his will, by means of force or violence or fear of immediate or future injury to his person or property or to the person or property of a relative or member of his family or of anyone in his company at the time of the robbery, is guilty of robbery and shall be punished as a court-martial may direct.
First Sergeant Academy
47. Article 122 – Robbery
B. Elements
(1) That the accused wrongfully took certain property from the person or from the possession and in the presence of a person named or described; (2) That the taking was against the will of that person; (3) The taking was by means of force, violence, or force and violence, or putting the person in fear of immediate or future injury to that person, a relative, a member of the person’s family, anyone accompanying the person at the time of the robbery, the person’s property, or the property of a relative, family member, or anyone accompanying the person at the time of the robbery; (4) That the property belonged to a person named or described; (5) That the property was of a certain or of some value; and (6) That the taking of the property of the accused was with the intent permanently to deprive the person robbed of the use and benefit of the property. [NOTE: If robbery was committed with a firearm, add the following.] (7) That the means of force or violence or of putting the person in fear was a firearm.
First Sergeant Academy
47. Article 122 – Robbery
C. Explanation
(1) Taking in the presence of the victim. It is not necessary that the property taken be located within any certain distance of the victim. (2) Force or violence. For a robbery to be committed by force or violence, there must be actual force or violence to the person,
preceding or accompanying the taking against the person’s will, and it is immaterial that there is no fear engendered in the victim. (3) Fear. For robbery to be committed by putting the victim in fear, there need be no actual force or violence, but there must be a demonstration of force or menace by which the victim is place in such fear that the victim is warranted in making no resistance.
First Sergeant Academy
47. Article 122 – Robbery
D. Lesser included offences (1) Article 121 – larceny (2) Article 121 – wrongful appropriation (3) Article 128 – assault; assault consummated by a battery (4) Article 128 – assault with a dangerous weapon (5) Article 134 – assault with intent to rob (6) Article 80 – attempts
First Sergeant Academy
47. Article 122 – Robbery
E. Maximum punishment (1) When committed with a firearm. Dishonorable discharge, forfeiture of all pay and allowances and confinement for 15 years. (2) Other cases. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.
First Sergeant Academy
47. Article 122 – Robbery
F. Sample specification
In that (personal jurisdiction data) did (at/on board – location) (subject-matter jurisdiction data, if required), on or (violence) (force and violence) (and) (putting him/her in fear) (with firearm) steal from the (person) (presence) of, against his/her will, (a watch) ( ) of value of (about) $ the property of
First Sergeant Academy
MP5 Common Punitive Article Article 85, Desertion Article 86, Absence without leave Article 91, Insubordinate Conduct toward warrant officer,
noncommissioned officer, or petty officer Article 92, Failure to obey order or regulation Article 107, False Official Statement Article 108, Military property of the United States –sale, loss, damage,
destruction or wrongful disposition Article 111, Drunken or reckless operation of vehicle, aircraft, or vessel Article 112, Drunk on Duty Article 112a, Wrongful use, possession, etc. of controlled substances Article 117, Provoking Speeches and gestures Article 123a, Making, drawing, or uttering check without sufficient funds Article 128, Assault Article 134, General Article
First Sergeant Academy
Summary
Purpose of Military LawThe Manual for Courts-Martial (MCM)Rights of an Accused
Rights AdvisementTraining Requirements
Parts of a Punitive ArticleCommonly used Punitive Articles
First Sergeant Academy
FIRST SERGEANT ACADEMYOur Job Is People, Everyone is our Business
Integrity – Service – Excellence
QUESTIONS?
FIRST SERGEANT ACADEMYOur Job Is People, Everyone is our Business
Integrity – Service – Excellence
IntroductionTo
Non JudicialPunishment
First Sergeant Academy
People are our business
Overview
Purpose Commander’s Responsibilities SJA Responsibilities Limitations
First Sergeant Academy
People are our business
MP 1: Purpose of NJP
MCM Standard – Maintain good order and discipline – positive behavior change
Punishment Rehabilitative Used for Minor Offenses Only No Stigma of Courts-Martial
First Sergeant Academy
People are our business
MP 2: Commander’s Responsibilities
Contact SJA prior to offering NJP May Dispose of an Offense as They See Fit Authority to Impose NJP Decide to Impose Based on Fact Act in a Timely Manner First Sergeant’s Role
First Sergeant Academy
People are our business
MP 3: SJA Responsibilities
Ensure Commander’s Take Appropriate Actions (legally sufficient)
Ensure Specifications are Legally Accurate Advise Commanders on Punishment Maintain Records
First Sergeant Academy
MP 4: LIMITATIONS
Double Punishment Increase in Punishment Multiple Punishments Statute of Limitations Civilian Courts
First Sergeant Academy
People are our business
SUMMARY
Purpose Commander’s Responsibilities SJA Responsibilities Limitations
First Sergeant Academy
FIRST SERGEANT ACADEMYOur Job Is People, Everyone is our Business
Integrity – Service – Excellence
QUESTIONS?
FIRST SERGEANT ACADEMYOur Job Is People, Everyone is our Business
Integrity – Service – Excellence
Article 15Punishment and
Commander’sOptions
First Sergeant Academy
MP 1: Punishment
Punishment is limited based on Rank and title of the Commander and rank of the offender
Refer to AF Form: 3070A for AB - TSgt3070B for MSgt - CMSgt 3070C for Officers
First Sergeant Academy
MP 1: Punishment
Options available to the Commander Include:Correctional CustodyReduction in GradeRestrictionExtra DutiesForfeiture of PayReprimand
Limitations on Combinations
First Sergeant Academy
MP 2: Commander’s Options
SuspensionPostpones all or part of punishment
Mitigation Reduction of quantity or quality of punishment
RemissionCancelation of unexecuted punishment
Setting AsidePunishment resulted in clear injustice
First Sergeant Academy
MP 3: Vacation Action
Previously suspended punishment is carried out if member commits a second offense under the UCMJ or violates a condition of probation
Must be initiated during period of suspension
Member has rights to a hearing similar to Article 15 process. (AF Form 366)