AFSC 51J JUDGE ADVOCATE

Transcription

1 DEPRTMENT OF THE IR FORE Headquarters US ir Force Washington, D FETP 51J Parts I and II s of 9 May 2017 FS 51J JUDGE DVOTE REER FIELD EDUTION ND TRINING PLN ESSIILITY: Publications and forms are available on the e-publishing web site at for downloading or ordering. RELESILITY: There are no releasability restrictions on this publication.

2 FS 51JX REER FIELD EDUTION ND TRINING PLN TLE OF ONTENTS Table of ontents PRT I... 4 Preface... 4 Section General Information Purpose Uses oordination and pproval Section Judge dvocate areer Progression and Information Specialty Description Skill and areer Progression Training Decisions areer Development (Experience)... 9 Section - Proficiency Training Requirements Purpose Specialty Qualifications Section D - Resource onstraints PRT II Section - ourse Training Standards Purpose Section - Training ourse Index Purpose ir Force Judge dvocate ourses Distance Education ourses and Just-in-Time (JIT) Learning dditional Training ourses and Resources Section - Support Materials Section D - MJOM Unique Requirements TTHMENT 1- Proficiency Levels TTHMENT 2- ourse Training Standards (TS)

3 TTHMENT 3 - ehavioral Standards OPR: F/JX pproved by: Lieutenant General hristopher F. urne Pages: 165 3

4 FS 51JX REER FIELD EDUTION ND TRINING PLN PRT I Preface 1. This areer Field Education and Training Plan (FETP) is a comprehensive education and training document that identifies life-cycle education and training, training support resources, and minimum requirements for the judge advocate career field. The FETP will provide personnel a clear career path to success and will instill rigor in all aspects of career field training. 2. The FETP consists of two parts. Supervisors plan, manage, and control training within the specialty using both parts of the plan. Furthermore, career field management and the ir Force Judge dvocate General s School (FJGS) use the ourse Training Standards (TS) in the ttachments to identify, plan, organize, implement, and assess training within the judge advocate career field. The two parts contain the following: 2.1. Part I provides information necessary for overall management of the specialty. Section explains how everyone will use the plan. Section identifies career field progression information, duties and responsibilities, training strategies, and career path. Section associates each ir Force Specialty (FS) skill level with specialty qualifications (knowledge, education, training, experience and other mandatory requirements). Section D addresses resource constraints. Some examples are funds, manpower, equipment, and facilities Part II includes several sections. Section identifies the TS, references to support training, FJGS conducted training, and distance education requirements. Section identifies the course index supervisors can use to determine resources available to support training. Included in the index are both mandatory and optional courses; Section identifies available support material. Section D identifies MJOM unique training requirements supervisors can use to determine additional training required for the associated qualification needs. t wing level, supervisors and trainers will use Part II to identify, plan, and conduct training commensurate with the overall goals of this plan. 3. Using guidance provided in the FETP will ensure individuals in this specialty receive effective and efficient training at the appropriate point in their career. This plan will enable us to train today s work force for tomorrow s jobs. Section - General Information 1. Purpose. The FETP provides the information necessary for the ir Force areer Field Manager (FFM) (F/JX), MJOM Functional Managers (MFMs) (i.e., FLO/ and MJOM s), training management, supervisors and trainers to plan, develop, manage and conduct an effective and efficient career field training program. The plan outlines the training individuals in the 51JX career field should receive in order to develop and progress throughout 4

5 their career. For purposes of this plan, training is divided into initial and advanced skills training; supplemental training; and continuing legal education. Initial skills training is mandatory for award of the FS. ontinuing training and education is acquired through LL.M.s, commercially procured training, on-the-job training (OJT), FJGS advanced resident courses, sister service courses, and specialized training as required by MJOM or units. 2. Uses. The plan is used by MFMs and supervisors at all levels to ensure comprehensive and cohesive training programs are available for each individual in the specialty FJGS personnel and other training developers will develop and revise formal resident, non-resident, field and distance education based upon requirements established by the users and documented in Part II of the FETP, including the TS ttachments. They will also work with the FFM to develop acquisition strategies for securing resources required to provide the identified training MFMs will ensure their training programs complement the FETP. OJT, resident training, contract training or distance learning can satisfy identified requirements. MJOM-developed training to support the 51J FS should be identified for inclusion into the plan Each individual will complete the mandatory training requirements specified in this plan. The list of courses in Part II will be used as a reference to support training. 3. oordination and pproval. The Judge dvocate General (TJG), as the Functional uthority (F), approves the final FETP. The FFM (F/JX) will initiate an annual review of this document to ensure currency and accuracy. MJOM representatives and FJGS personnel will identify and coordinate on career field training requirements. Section Judge dvocate areer Progression and Information 1. Specialty Description Specialty Summary. Manages and provides legal services to enable the ir Force and the warfighter through mission-focused legal capabilities honed for a dynamic environment. Performs duties prescribed by Uniform ode of Military Justice (UMJ) pursuant to Manual for ourts-martial, United States (MM), and prepares and provides legal opinions and decisions necessary for efficient and effective discharge of the mission of the United States ir Force. Specialty encompasses administration of military justice, including counsel on disciplinary matters, pretrial advice, preparation for trial, trials by courts-martial, post-trial actions, and appellate review. Renders legal advice to commanders on all phases of ir Force operations, including international law, operations law, procurement, claims, environmental law, military and civilian personnel issues, intellectual property, litigation, preventive law, and military affairs. Provides mission-enhancing legal assistance including Special Victims ounsel representation and crime victims rights law, taxes, and allied legal matters to the legal community Duties and Responsibilities. 5

6 Formulates legal policies. Plans and studies methods and procedures used to process military justice and civil law actions. dvises and develops plans for operation and implementation of federal statutes, executive orders, DoD directives, and ir Force instructions. Manages legal information systems. Manages acquisition, designation, certification, and assignment of judge advocate personnel according to rticle 6, UMJ Monitors, coordinates, and directs legal activities. Inspects administration and function of military justice at subordinate echelons to ensure uniformity in administration of laws, directives, and instructions. dministers claims program. Maintains liaison with agencies of DoD, Department of Justice, and other federal, state, and local jurisdictions to ensure accurate and correct administration of ir Force polices and operations. Maintains liaison with local, state, and national bar associations to keep informed of current legal trends Prepares and renders legal advice and opinions. dvises commanders and senior staff. Prepares and renders legal advice and opinions on matters relating to interpreting laws, directives, status, rights, liabilities, and duties of personnel. Prepares and renders legal advice on disciplinary matters, including admonitions, reprimands, nonjudicial punishment, and statutory pretrial advice in prospective court-martial cases. Prepares statutory post-trial advice and actions of convening authority. Prepares and renders legal advice on issues of international and operations law, environmental law, fiscal law, and military and civilian personnel law. Renders legal assistance to military personnel and dependents on personal civil matters such as wills and estates, powers of attorney, consumer affairs, taxes, domestic relations, insurance, and execution of legal documents. Renders legal advice concerning Special Victims ounsel and crime victims rights. Reviews and renders legal opinions on claims and incidents which may result in claims in favor of, or against the United States. Renders legal opinions regarding drafting, negotiating, and administering government contracts. Reviews and renders opinions on courts-martial records of trial and board proceedings. onducts inspections relating to administration and function of military justice and recommends improvements Represents the United States in civil proceedings. Represents the United States before judicial and administrative tribunals. ssists Department of Justice in preparation and litigation of cases in which the ir Force has an interest cts as trial counsel on summary, special, and general courts-martial and counsel for the United States on appeal. Prepares and presents cases for the United States. Directs preparation of record of trial and forwards to convening authority. Prepares and presents briefs and oral arguments on behalf of the United States before ir Force ourt of riminal ppeals, the United States ourt of ppeals for the rmed Forces and the United States Supreme ourt cts as defense counsel. cts as counsel for accused in summary, special and general courts-martial. Serves as area defense counsel with responsibility for provision of defense services. Prepares and presents briefs and oral arguments on 6

7 behalf of accused before ir Force ourt of riminal ppeals, the United States ourt of ppeals for the rmed Forces, and the United States Supreme ourt cts as special victim s counsel. s special victim counsel, acts as counsel for eligible victims in courts-martials and other authorized forums cts as military judge. Performs primary duty as military judge on general and special courts-martial or appellate judge of ir Force ourt of riminal ppeals onducts legal courses. Instructs personnel in military justice legal procedures and legal issues. Directs and conducts legal training at the United States ir Force cademy and ir University. 2. Skill and areer Progression. dequate training and timely progression from the entry to the qualified level play an important role in the F s ability to accomplish its mission. It is essential that everyone involved in training does his or her part to plan, manage, and conduct an effective training program. The guidance provided in this part of the FETP will ensure each individual receives consistent training at appropriate points in his or her career Entry (51J1) Level. For entry into this specialty, an officer must meet the mandatory requirements listed in the ir Force Officer lassification Directory (FOD) FS 51J specialty descriptions Initial (51J2) Level. Not used Qualified (51J3) Level. For award of FS 51J3, officers must complete the Judge dvocate Staff Officer ourse (O). For award of the FS 51J3, 3 months experience in legal assignments, after designation as a judge advocate by TJG, is mandatory. Experience may include serving as trial or defense counsel in courts-martial; preparing legal briefs; or rendering advice relating to interpreting laws, regulations, directives, status, rights, liabilities, and duties of military personnel and dependents. The following are also mandatory for entry, award, and retention of this FS: urrent admission to the bar of a Federal ourt or the highest court of a state; and Designation by TJG as a judge advocate Staff Level (51J4). For the award of the FS 51J4, a judge advocate is engaged in developing ir Force policy and procedures above the wing level Education. Reference Part I Section.2 or the FOD Training. Reference Part I, Section.2 or the FOD. 7

8 2.4. Professional Development. To experience the full breadth of opportunities in sufficient depth normally requires a variety of assignments. Successful professional development is essential for those who will eventually hold top leadership positions in the ir Force. balanced approach to professional development will produce officers with relevant legal expertise; diverse leadership experience; an ability to recognize issues and render legal advice to commanders on all phases of ir Force operations (including international law, operations law, procurement, claims, environmental, military justice, victims rights, labor law, military affairs, legal assistance, and preventive law); and a record of performance and assignments that validate these credentials. Professional development includes the following: Maintaining a balanced approach in tours of duty (e.g., ONUS, joint, overseas, wing-level, agencies and headquarters), positions (i.e., assistant staff judge advocate, area defense counsel, section chief, instructor, staff judge advocate, and action officer), fields of practice (i.e., military justice, contract-acquisitions, operations/international law, environmental law, claims, labor law, administrative law, and legal assistance) as well as diversity of experience across the spectrum of legal support ompleting professional military education, relevant LL.M.s and supplemental and continuing training and education to include Professional ontinuing Legal Education Ensuring ommanders, Supervisors and Senior 51J officers have an active role in Professional Development. 3. Training Decisions ommanders, supervisors and senior judge advocates must take an active role in officer professional development. The 51J career pyramid shown in Figure 1 is available to facilitate this discussion. Officers should review career goals with their commander, supervisor, and/or senior judge advocate officers at least annually. Junior officers should use the results of these discussions to formulate input into WebPDI, which should be reviewed and updated annually in order to ensure that F/JX is aware of an officer s professional development goals and opportunities sought Judge dvocates whose supervisors are not in their career field have the option of seeking out senior judge advocates for mentoring The following significant decisions were made at the inaugural Judge dvocate U&TW on pril Members reviewed over 1600 current and aspirational training items and approved 376 O, 155 Gateway, and 180 requirements and standards; Members approved the elimination of the mandatory requirement to have courtsmartial experience prior to achieving the 51J3 FS. hanges will be made to FOD to ensure compliance. 8

9 Members approved the elimination of The olonel s ourse due to redundancies in Horizon s events Members initially voted on generating a requirement that all Majors (to include R members) be required to attend EWY. This item has not yet been resourced as of 2 May 2017, and will be raised at the next U&TW. 4. areer Development (Experience) Figure 1. 51J areer Field Pyramid 4.1. areer Field Pyramid. The Judge dvocate areer Path Pyramid shows progression through a variety of jobs. This pyramid should be used as a planning guide by commanders, supervisors, and individuals in conjunction with other planning tools. Early on, officers should develop a solid technical and operational experience base and continually focus on gaining depth and breadth as their careers progress. The ir Force must build a force of competent, agile, and aggressive judge advocates able to apply their legal skills in ONUS, OONUS, and deployed environments and articulate the effects legal capabilities have on the F mission in operational (vs legal) terms. 9

10 4.2. Every assignment and all assignment advice given must reflect the career progression philosophy. Judge advocates must know and fully understand all legal capabilities and limitations. They must be able to advise in any environment, perform a variety of legal jobs, and understand all aspects of legal support to operations Ultimately, an individual s career path will be influenced by the needs of the ir Force and his or her personal aspirations. Ideally, officers will gain depth in the first 10 years of their career and assume more strategic positions as they mature through field grade ranks ssignments should prepare judge advocates for leadership positions within the ir Force, MJOMs, Joint ommands, ir Force Legal Operations gency (FLO) and HF. The keys to success are breadth of experience, depth of knowledge, and high quality performance at every job level Experience Tracking through MyVETOR or other successor program. In order to more effectively identify key experiences to fill F and Joint requirements as well as better management of the F career force, F/1 developed an experience coding and tracking system to more readily employ forces called MyVETOR. MyVETOR pulls individual duty histories from the Military Personnel Data System (MilPDS). MyVETOR is based upon a six-digit irmen apability Management (M) code, where the first three digits consist of the career field FS (51J) and the last three are used to categorize roles and experience. The areer Field Manager (FM) (F/JX) is charged to develop a methodology for the last three digits of the Ms. Once fully populated, MyVETOR in conjunction with WebPDI allows F functionals and FMs the data necessary to monitor and develop the force to the appropriate breadth and depth of experience required for the health of the career field. dditionally, MyVETOR and WebPDI allow F/JX to quickly identify candidates for positions requiring specific experiences and certifications, replacing the time-intensive process of delving into hundreds of individual documents (such as performance reports) MyVETOR is online and fully functional. If they haven t already, officers should go to the MyVETOR website and register. Once registered, members should view and validate the coding of their duty histories. Officers may correct discrepancies by either updating their duty histories in MilPDS (through the vmpf) or by using the Report M Error function from the My Duty History screen (if the error is related to the coding in MyVETOR). Section - Proficiency Training Requirements 1. Purpose. Proficiency training requirements in this career field are defined in terms of knowledge requirements. This section outlines the specialty qualification requirements for entry, award, and retention of each FS level. The specific task and knowledge training requirements that are trained through resident training are identified in the TS and Training ourse Index at Part II, Section,, and ttachments of this FETP. 2. Specialty Qualifications 10

11 2.1. Entry Level (51J1) Knowledge. Knowledge of civilian law is mandatory Education. For entry into this specialty, a achelor of Laws or Juris Doctor degree in law issued by an merican ar ssociation () accredited law school is mandatory Training. None Experience. None Other. None Training Sources. None Implementation. N/ 2.2. Initial Level Training (51J2). Not used 2.3. Qualified Level Training Specialty Qualifications (51J3) Knowledge. Knowledge of military and civilian law is mandatory Education. For entry into this specialty, a achelor of Laws or Juris Doctor degree in law issued by an merican ar ssociation () accredited law school is mandatory Training. For award of FS 51J3, completion of Judge dvocate Staff Officer ourse (O) or equivalent as prescribed by The Judge dvocate General is mandatory Experience. For award of FS 51J3, 3 months experience in legal assignments, after designation as a judge advocate by Judge dvocate General, is mandatory. Experience may include serving as trial or defense counsel in courts-martial; preparing legal briefs or rendering advice relating to interpreting laws, regulations, directives, status, rights, liabilities, and duties of military personnel and dependents Other. The following are mandatory for entry, award, and retention of the FS: urrent admission to the bar of a Federal ourt or the highest court of a state; and Designation by The Judge dvocate General as a judge advocate Training Sources. None 11

12 Implementation. None 2.4. Staff Level (51J4) Knowledge. Knowledge of military and civilian law is mandatory Education. For entry into this specialty, a achelor of Laws or Juris Doctor degree in law issued by an merican ar ssociation () accredited law school is mandatory Training. N/ Experience. Judge advocates performing staff level duties should typically have completed least two wing level assignments Other. The following are mandatory for entry, award, and retention of this FS: urrent admission to the bar of a Federal ourt or the highest court of a state; and Designation by The Judge dvocate General as a judge advocate Training Sources. None Implementation. None Section D - Resource onstraints 1. Purpose. This section identifies known resource constraints that preclude optimal/desired training from being developed or conducted, including information such as cost, manpower, etc. Included are narrative explanations of each resource constraint and an impact statement describing what effect each constraint has on training. Finally, this section includes actions required, OPR and target completion date. Resource constraints will be, at a minimum, reviewed and updated annually onstraints. Funding and budget constraints may influence class size, duration, and ability to meet F training requirements. PRT II Section - ourse Training Standards 1. Purpose The ir Force uses the TS to identify the training students receive in a specific course. It serves as the foundational document which describes the course s content and proficiency standard each student is expected to achieve in order to successfully complete the course. It is 12

13 also used as the basis for the ourse Resource Estimate (RE) which describes the human, physical, and fiscal resources required to execute the course. In essence, the TS is a contract between the areer Field Management and FJGS, and can only be modified through the Specialty Training Requirements Team (STRT)/Utilization & Training Workshop (U&TW) process and FFM policy directives. The training is based on an analysis of duties in the F Officer lassification Directory for 51J FSs as described in the ir Force Education and Training ourse nnouncements (ET) database ourt Training Standards (TS). See ttachment ehavioral Standards. See ttachment 3 Section - Training ourse Index 1. Purpose. This section of the FETP identifies training courses including mandatory F in-residence, field, and online courses. For information on all formal courses, refer to the ir Force Education and Training ourse nnouncements (ET) database. 2. ir Force Judge dvocate ourses. ourse Number MFJG600 MFJG800 MFJG680 MFJG670 MFJG700 MFJG790 MFJG660 MFJG860 MFJG661 MFJG970 MFJG760 MFJG880 MFJG780 MFJG840 MFJG715 MFJG740 MFJG995 MFJG980 MFJG690 MFJG610 ourse Title Judge dvocate Staff Officer ourse * Military Justice dministration ourse Trial and Defense dvocacy ourse Environmental Law ourse Operations Law ourse ccident Investigation ourse Federal Employee Labor Law ourse Defense Orientation ourse dvanced Labor and Employment Law ourse Special Victim ounsel ourse Homeland Defense/Homeland Security ourse Medical Law Mini ourse Negotiation and lternative Dispute Resolution ourse EWY** yber Law asic ourse dvanced Environmental Law ourse Intermediate Sexual ssault Litigation ourse dvanced Sexual ssault Litigation ourse dvanced Trial dvocacy ourse Staff Judge dvocate ourse** Joint Military Judges nnual Training (rotates among service schools) dministrative Investigations ourse 13

14 TRILS nnual Survey of the Law**** * Indicate mandatory for all ** Indicates mandatory course for RegF *** Mandatory for RegF, FR, and NG if assuming position **** Mandatory for FR and NG 3. Distance Education ourses and Just-in-Time (JIT) Learning. ourse Number N/ N/ N/ N/ N/ N/ N/ N/ N/ N/ N/ N/ N/ N/ N/ N/ N/ N/ N/ N/ ourse Title dvanced ore Training (T): Estate Planning dvanced ore Training (T): SR dvanced ore Training (T): onsumer Law dvanced ore Training (T): Family Law Division hief of Military Justice ourse Division hief of Labor Law ourse Division hief of Environmental Law ourse Division hief of Operations Law ourse Division hief of ontracts Law ourse Division hief of dverse ctions ourse Division hief of ivil Law ourse Division hief of laims ourse Division hief of Legal ssistance ourse rticle 32 Investigating Officer s Distance Education ourse Ethics ounselor s ourse Victim Witness ssistance Program Distance Education ourse Overseas Environmental Law Seminar Deployed Fiscal Law and ontingency ontracting ourse rticle 32 Preliminary Hearing Officer s ourse Environmental Law Update ourse 4. dditional Training ourses and Resources This section identifies training programs and resources currently available for judge advocates to further their knowledge of the career field. This training is available to personnel to increase their skills and knowledge beyond the minimum required DoD, Sister Service, and Other External Schools ourse Title ir Force Office of Special Investigations Sex rimes Investigation Training Program rmy Judge dvocate General s Legal enter and School dministrative Law for Military Installations 14

15 dvanced ontract Law rmy Operational Law of War ourse ontract ttorney s ourse riminal Law dvocacy Domestic Operations Law ourse Federal Litigation ourse Fiscal Law ourse Government ontract Law Symposium Income Tax Law ourse Intelligence Law ourse Law of Federal Employment Legal ssistance ourse Military Judges ourse Special Victims ounsel ertification ourse rmy Special Victims ounsel hild ertification ourse rmy Procurement Fraud ourse rmy Military Police School Special Victims Unit Investigations ourse Defense cquisition University (DU) Fundamentals of cquisition System Management cquisition Law Naval Justice School Law of Military Operations ourse Litigating omplex ases Information Operations Law ourse OSDG Ethics Short ourse NTO ourses NTO Legal dvisor ourse NTO Joint Weaponeering and ollateral Damage Estimation ourse NTO onventional Targeting ourse NTO risis Management ourse Other ourses of Interest Installation IG Investigation ourse DoD FOI/P Training (DFOPI) JO2 ontingency Wartime Planning ourse O IQTOFF-ir Operations enter Initial Qualifications Training Offensive ourse 4.3. dvanced Degrees 15

16 Degree LL.M. ir and Space LL.M. onstitutional Law LL.M. yber LL.M. Environmental LL.M. Government Procurement LL.M. International Law LL.M. Military Justice LL.M. National Security LL.M. Labor Law Section - Support Materials There are currently no support material requirements. This area is reserved. Section D - MJOM Unique Requirements There are currently no MJOM unique requirements. This area is reserved. 2. Recommendations. omments and recommendations are invited concerning the quality of FJG training. For a quick response to concerns, please the F/JX workflow at usaf.pentagon.af-ja.mbx.af-jax-workflow@mail.mil. Y ORDER OF THE SERETRY OF THE IR FORE OFFIIL ttachments: HRISTOPHER F. URNE Lieutenant General, USF The Judge dvocate General 1. Proficiency Levels 2. ourse Training Standards 3. ehavioral Standards 16

17 TTHMENT 1- Proficiency Levels TSK PERFORMNE LEVEL TSK KNOWLEDGE LEVEL SUJET KNOWLEDGE LEVEL Explanations: SLE VLUE PROFIIENY ODE KEY DEFINITION: The Individual 1 an do simple parts of the task. Needs to be told or shown how to do most of the task. (EXTREMELY LIMITED) 2 an do most parts of the task. Needs help only on hardest parts. 3 an do all parts of the task. Needs only a spot check of completed work. 4 an do the complete task quickly and accurately. an tell or show others how to do the task. (HIGHLY PROFIIENT) a an name parts, tools and simple facts about the task. (NOMENLTURE) b an determine stepbystep procedures for doing the task. (PROEDURES) c an identify why and when the task must be done and why each step is needed. (OPERTING PRINIPLES) d an predict, isolate and resolve problems about the task. (OMPLETE THEORY) an identify basic facts and terms about the subject. (FTS) an identify relationship of basic facts and state general principles about the subject. (PRINIPLES) an analyze facts and principles and draw conclusions about the subject. (NLYSIS) D an evaluate conditions and make proper decisions about the subject. (EVLUTION) Indicates item not taught in O, EWY or 17

18 TTHMENT 2 ourse Training Standards (TS) (O) O (EWY) D (EWY) () 1. Item No. 2. Knowledge, Skill or bility 1 DMINISTRTIVE LW 1.1 DMINISTRTIVE INQUIRIES & INVESTIIONS OMMNDER DIRETED INVESTIIONS (DI) ROLES ND RESPONSIILITIES DVISE OMMNDERS PPROPRITENESS FRMING LLEIONS (hange to Prepare llegations) b b b b PREPRE LEGL REVIEW OF ROI INSPETOR GENERL (IG) INVESTIIONS RESTRITIONS ND RETLITION LLEIONS GINST SENIOR OFFIILS and IG Relations OTHER TYPES OF INVESTIIONS INVESTIIVE PROEDURES ND LIMITTIONS 1.2 DMINISTRTIVE SEPRTIONS SEPRTIONS Notification Procedures ppropriateness Service characterizations Draft llegations c Prepares for Separation oards onducts Separation oard Draft Legal Review c R SEPRTION PROEDURES OFFIER GRDE DETERMINTIONS 1.3 IR FORE STNDRDS PERSONL PPERNE FITNESS STNDRDS 1.4 RTILE 138 OMPLINTS DVISES ON LEGL SUFFIIENY OF THE PPLITION ND RELIEF REVIEW OMMNDER'S RESPONSES 1.5 OMMND UTHORITY 1.6 JOINT SE OMMND 1.7 ONSIENTIOUS OJETION 1.8 ETHIS JOINT ETHIS REGULTION (JER) NONFEDERL ENTITIES (NFE) ETHIS PROGRM MNGEMENT 18

19 (O) O (EWY) D (EWY) () 1. Item No. 2. Knowledge, Skill or bility Identify Ethical Threats to Organization Review PostGovernment Employment Requests Report ompliance Use OGE Webbased System GIFTS TRVEL REVIEW OFFDUTY EMPLOYMENT REQUESTS 1.9 FEDERL MGISTRTE OURT 1.10 FLYING EVLUTION ORDS (FE) uthorities Procedures onduct FE Hearing FE PostHearing Legal Review and Disposition 1.11 FREEDOM OF INFORMTION T (FOI) TYPES OF REQUESTS ongressional Requests and other Federal gencies Official Use Requests (OURs) EXEMPTIONS REVIEW ND PROESS FOI REQUESTS 1.12 INSTLLTION JURISDITION ND REGULTION REVIEW ND DVISE ON PRIVTE ORGNIZTIONS JURISDITION DRIVING PRIVILEGES RMENT DVISE ON OFFSE ESTLISHMENTS REVIEW ONSE OMMERIL SOLIITTION REGISTRTION OF SEXUL OFFENDERS P4 OMMUNITY PRTNERSHIPS HOUSING REVIEW FUNDRISING REQUESTS 1.13 LIMITS ON ONSTITUTIONL FREEDOMS RELIGIOUS ISSUES Establishment lause Free Exercise lause High Profile oordination FREEDOM OF SPEEH ND EXPRESSION UNPROFESSIONL RELTIONSHIPS RMING MEMERS Weapons on ase 19

20 (O) O (EWY) D (EWY) () 1. Item No. 2. Knowledge, Skill or bility POLITIL TIVITIES 1.14 MEDIL LW ORGNIZTIONL ROLES ND RESPONSIILITIES MEDIL EVLUTION ORD (ME) Purpose IPE and FPE onducts Medical Evaluation oard Drafts Legal Review and dvises on Disposition LINIL DVERSE TIONS (FI hapter 9) HUMN RESERH (DODI _FI 40402) TRINING FFILITION GREEMENTS (T) (FI 41108) HELTH INSURNE PORTILITY ND OUNTILITY T (HIP) uthorities and Resources overage Permitted Uses and Disclosures MENTL HELTH EVLUTIONS Permitted Uses ommand directed mental health evaluations (MHE) LIMITED SUIIDE PREVENTION PRIVILEGE Purpose Evidentiary Restrictions 14.9 ENEFITS PROGRM FOR MEDIL LIMS QULITY SSURNE FOR HOSPITL FUNTIONS 1.15 PRIVY T 1.16 QULITY FORE MNGEMENT TYPES OF TIONS PROMOTION PROPRIETY TIONS (PP) LO, LOS, ND LORS UIF ONTROL ROSTER DEMOTIONS SELETIVE REENLISTMENT REFERRL OPR/EPR 1.17 TOTL FORE DON/OPON DUTY STTUS (TEHNIINS/T32/T10) 1.19 EVLUTES URINLYSIS DRUG TESTING PROGRM 2 REER FIELD 20

21 (O) O (EWY) D (EWY) () 1. Item No. 2. Knowledge, Skill or bility 2.1 F ORGNIZTIONS ND FJG F LEGL ORGNIZTIONS, ROLES ND HISTORY FJG Mission Priorities R Structure and Leadership Office of General ounsel (SF/G) F ORGNIZTION 2.2 FJG TOTL FORE DEVELOPMENT (REG F, R, IVILIN, OFFIER & ENLISTED) REER FIELD MNGEMENT FORE RENEWL PROFESSIONL DEVELOPMENT ssignments Deployments Education & Training RETENTION Financial Incentive Programs EDUTION ND TRINING FETP/U&TW 3 LIMS 3.1 IR FORE LIMS PROGRM INTRODUTION, FRMEWORK, ND TYPES OF LIMS KEY ONEPTS ND TERMS JURISDITION ND SETTLEMENT UTHORITY ROLES ND RESPONSIILITIES 3.2 PERSONL PROPERTY LIMS / P INTRODUTION & FRMEWORK ir Force laims Service enter ase Level Responsibilities Natural Disasters 3.3 TORT LIMS FEDERL TORT LIMS T (FT) TORTSED IDENTS ND DISSTERS MILITRY LIMS T (M) LIM PROESSING TIONS Reviews Validity of laim Drafts Settlement greements Transfer laims Investigates Tort laims Drafts djudication Memorandum 21

22 (O) O (EWY) D (EWY) () 1. Item No. 2. Knowledge, Skill or bility dvises on Payment of laims dvises on Denial of laims 3.4 REPORTS OF SURVEY TYPES OF DMGES REQUIREMENTS FOR ROS PROESSING PROEDURES DETERMINING LIILITY 3.5 RTILE 139 LIMS DRFTS LEGL REVIEWS OF NONOGNIZLE LIMS RT 139 LIMS PROESSES, RIGHTS, PRIVILEGES, ND STNDRDS OF REVIEW DRFTS LEGL REVIEW OF ORDS' FINDINGS REPORTS 3.6 PROGOVERNMENT / "G" LIMS SSERTING GLIMS PROPERTY OVERED LIM PROEDURES LITIION 3.7 MISELLNEOUS IVIL LITIION MTTERS LITIION REPORTING PROEDURES LITIION SUPPORT RESPONSIILITIES RELESING INFORMTION & TESTIMONY IN LITIION Expert or opinion testimony Other limitations Process when provider sued Touhy Requirements 4 ONTRTSQUISITIONS (FORMTION) 4.1 SIS OF FORMTION 4.2 ROLES ND RESPONSIILITIES IN ONTRT FORMTION 4.3 REQUIREMENTS FOR OMPETITION 4.4 FR PRT 6 (FULL ND OPEN OMPETITION) 4.5 JUSTIFITION & PPROVL (J&), DETERMINTIONS ND FINDINGS (D&F) REQUIREMENTS ND PPROVL UTHORITY FR 6 LEVELS OF OMPETITION (JUSTIFITION & PPROVL) DETERMINTION & FINDINGS PLNNING ELEMENTS INHERENTLY GOVERNMENTL FUNTION 4.7 ONTRTING TEHNIQUES 4.8 OMMERIL ITEMS 22

23 (O) O (EWY) D (EWY) () 1. Item No. 2. Knowledge, Skill or bility 4.9 SIMPLIFIED QUISITIONS 4.10 PURHSE REQUESTS 4.11 ONTRT TYPES 4.12 SELED IDDING 4.13 LOWEST PRIED TEHNILLY EPTLE 4.14 NEGOTITED PROUREMENT 4.15 NEGOTITED PROUREMENT NOTIE REQUIREMENTS 4.16 NEGOTITED PROUREMENTS REQUESTS FOR PROPOSLS 4.17 NEGOTITED PROUREMENTS DISUSSIONS 4.18 NEGOTITED PROUREMENT EVLUTION & WRD 4.19 ONTRT PRIING 4.20 SUONTRTING PLN ND REVIEWS 4.21 S OORDINTION 4.22 ONTRTOR RESPONSIILITY 4.23 PROTESTS PROESSING PROEDURE ID PROTESTS LITIION (SOURE SELETION) 4.24 ONTINGENY ONTRTING LW 4.25 SIS OF DMINISTRTION 4.26 ONTRT INTERPRETTION 4.27 RISK, GOOD FITH, ND MISTKE 4.28 INSPETION, EPTNE, ND WRRNTY 4.29 ONTRT PYMENT 4.30 ONTRT HNGES 4.31 PRIING ND OST OUNTING 4.32 GOVERNMENT PROPERTY 4.33 DELYS 4.34 DIFFERING SITE ONDITIONS 4.35 REQUEST FOR EQUITLE DJUSTMENT 4.36 ONTRT TERMINTIONS PROEDURES NKRUPTY TERMINTIONS FOR ONVENIENE (T4) TERMINTION FOR USE ONTRTING REMEDIES POSTWRD & LOSEOUT LIQUIDTED DMGES 4.37 ONTRT DISPUTES 4.38 LTERNTIVE DISPUTE RESOLUTION 23

24 (O) O (EWY) D (EWY) () 1. Item No. 2. Knowledge, Skill or bility 4.39 INTELLETUL PROPERTY & DT RIGHTS 4.40 ETHIS 4.41 LOR STNDRDS 4.42 SOIOEONOMI POLIIES 4.43 ONSTRUTION ONTRTING ND RELTED UTHORITIES 4.44 PROUREMENT FRUD 4.45 ORGNIZTIONL ONFLITS OF INTEREST 4.46 INTERGENY QUISITIONS 4.47 NONFR ONTRTS (RDS, GRNTS, ET) 4.48 ONTRTSQUISITIONS (FISL LW) VILILITY S TO PURPOSE, TIME, ND MOUNT NTIDEFIIENY T ONTINGENY FISL LW 5 ENVIRONMENTL LW 5.1 PLNNING ND SUSTINMENT PLNNING Stakeholders and Players NEP and Environmental Impact nalysis Process Review F813 b TEX Regulating Environmental ompliance Type of Environmental ompliance Waivers of sovereign immunity SUSTINMENT 5.2 IR ND WTER LEN WTER T LEN IR T WTER RIGHTS SFE DRINKING WTER T IVIL ND RIMINL LIILITY 5.3 NTURL ND ULTURL RESOURES NTURL & ULTURL RESOURE PRESERVTION LW OSTL ZONE MNGEMENT T RESOURE ONSERVTION ND REOVERY T (RR)/ERL INTERFE 5.5 HZRDOUS MTERILS MNGEMENT ENVIRONMENTL UDITS ESOH ouncil Meetings 5.5 INTERNTIONL ENVIRONMENTL LW 24

25 (O) O (EWY) D (EWY) () 1. Item No. 2. Knowledge, Skill or bility UTHORITIES (I, EOs, SOFs, TRETIES, DOD GUIDNE) OMPLINE REMEDITION PLNNING SOF ONSIDERTIONS LEGL REVIEWS ND ELFS OORDINTION 5.6 PRIVTIZED HOUSING ND UTILITIES 5.7 ENERGY DEVELOPMENT, ELETROMGNETI SPETRUM & NTIONL SEURITY 5.8 ENVIRONMENTL LITIION 6 LOR LW 6.1 MERIT SYSTEMS PROTETION ORD (MSP) 6.2 EQUL EMPLOYMENT OPPORTUNITY TITLE VII OF THE IVIL RIGHTS T PROTETED TEGORIES RIL DISRIMINTION GENDER DISRIMINTION SEXUL HRSSMENT MIXED MOTIVE SES DMGES MERIN WITH DISILITIES T (D) 6.3 MISELLNEOUS FEDERL SETOR ISSUES LTERNTIVE DISPUTE RESOLUTION (DR) REDUTION IN FORE (RIF) UNEMPLOYMENT OMPENSTION IVILIN DRUG TESTING UNIFORMED SERVIES EMPLOYMENT ND REEMPLOYMENT RIGHTS T (USERR) FIR LOR STNDRDS T (FLS) FEDERL EMPLOYEES PY T FEDERL EMPLOYEES OMPENSTION T WHISTLELOWER PROTETION NTIONL SEURITY PERSONNEL SYSTEM (NSPS) SEURITY LERNE ISSUES RETLITION IN THE WORKPLE RELIGIOUS OMODTIONS DISILITY OMODTIONS WORKPLE THRETS SV REPRESENTTION 6.4 LITIION 25

26 (O) O (EWY) D (EWY) () 1. Item No. 2. Knowledge, Skill or bility 6.5 ETHIL ONSIDERTIONS IN LOR MTTERS 6.6 FLR 7 LEGL SSISTNE 7.1 LEGL SSISTNE ND PREVENTIVE LW PROGRM PURPOSE ND UTHORITY SHEDULING & LIENT INTKE LEGL SSISTNE REPORT WELIONS LEGL SSISTNE WESITE DETERMINE ELIGIILITY ND SOPE OF LEGL SSISTNE SERVIES c PREVENTIVE LW PROGRM 7.2 SERVIEMEMERS IVIL RELIEF T (SR) 7.3 UNIFORMED SERVIES EMPLOYMENT ND REEMPLOYMENT RIGHTS T (USERR) 7.4 ONSUMER LW Returning Goods/Services Warranties 7.5 VETERN ENEFITS 7.6 PREVENTIVE LW 7.7 ESTTE PLNNING (WILLS, PO, HELTHRE DIRETIVES) DRFT WILLS Military Preamble SelfProving ffidavit Naming Fiduciaries/ Representatives Draft Wills Using DL Wills c Legal ssistance Website (LWS) b Dual Representation b DRFT POWERS OF TTORNEY c DRFT DVNED HELTHRE DIRETIVES c 7.8 ONSUMER FINNIL PROTETION UREU 7.10 FMILY LW LEGL PROTETIONS FOR DEPENDENTS ND FORMER SPOUSES Y USFSP FMILIL FINNIL RESPONSIILITIES SURVIVOR ENEFITS PLN (SP) OMMON DIVORE, HILD USTODY ND SUPPORT ISSUES 7.11 LEGL SSISTNE TO RIME VITIMS SPEIL VITIMS OUNSEL PROGRM Purpose 26

27 (O) O (EWY) D (EWY) () 1. Item No. 2. Knowledge, Skill or bility Eligibility for SV Restraining Order Protections military and civilian 7.12 TX PROGRM 8 LEGL SKILLS 8.1 LEGL RESERH & WRITING ONDUT LEGL RESERH b LEGL WRITING c 8.2 PROGRM & SE MNGEMENT onduct SelfInspections FJG ase Management pplications FJG Knowledge Management pplications FJG Learning Management pplications FJG rchitecture 8.3 EVIDENE GENERL PROVISIONS OF THE RULES OF EVIDENE (MILITRY ND FEDERL RULES OF EVIDENE) c EXLUSIONRY RULES; SELF INRIMINTION; SERH/SEIZURE; EYEWITNESS IDENTIFITION RELEVNY c haracter Evidence Not dmissible (MRE 404) 3c PRIVILEGES pplication of Privileges Lawyerclient privilege (MRE 502) Psychotherapistpatient privilege (MRE 513) OPINIONS ND EXPERT TESTIMONY HERSY c UTHENTITION & IDENTIFITION c WRITINGS/REORDINGS/PHOTOS 3c EVIDENE TRIL PROEDURE 3c DISOVERY RESPONDING TO ELETRONI LITIION HOLD PROTETING PII 8.4 LITIION SKILLS TRIL STRTEGY THEME & THEORY c MOTIONS Prepare Motions c Not Guilty Motions b ONDUTS VOIR DIRE 3c PRESENT OPENING STTEMENTS 3c ONDUT DIRET EXMINTIONS 3c 27

28 (O) O (EWY) D (EWY) () 1. Item No. 2. Knowledge, Skill or bility ONDUT DIRET EXMINTIONS 3c PRESENT LOSING RGUMENTS 3c 8.5 LIENT ND WITNESS RELTIONS OPE WITH EMOTIONL ND DIFFIULT LIENTS SUIIDL LIENTS 8.6 NEGOTITION & RESOLUTION 8.7 INTERT WITH IVILIN LEGL OMMUNITY 9 MILITRY JUSTIE 9.1 MILITRY JUSTIE DMINISTRTION NLYZE UTOMTED MILITRY JUSTIE DMINISTRTION MNGEMENT SYSTEM (MJMS) REPORTS METRIS ND MESURES SPEIL INTEREST REPORTS (SIR) Purpose JJM ommunications w/ field SIR Requirements DISIPLINRY TIONS OF IR RESERVE OMPONENT (R) MEMERS Jurisdiction Recalling 9.2 PRETRIL SOPE OF RIMINL LIILITY INHOTE OFFENSES MILITRY OFFENSES bsence, Disobedience, and Related Offenses c General rticles Wartime Related Offenses Lesser Included Offenses DEFENSES Special & ffirmative Defenses Procedure for Raising Defenses b Sexual ssault Defenses SPEEDY TRIL onstitutional Protections UMJ Protections ase law Protections DISOVERY ND PRODUTION Disclosures and notices made upon defense requests Defense Discovery Responsibilities and Requests Remedies for NonDisclosure 28

29 (O) O (EWY) D (EWY) () 1. Item No. 2. Knowledge, Skill or bility Production Discovery under RM Discovery Under rady Discovery under MREs RM 914 and Jencks ct Requests relations to law enforcement records ill of particulars Trial ounsel's Discovery Requests SERH ND SEIZURE (DVISE s, MGISTRTES, & LW ENFOREMENT) th mendment Violations Reasonable Expectation of Privacy uthorization and Probable ause Exceptions to uthorization Requirement Exception to Probable ause Exclusionary Rule and Exceptions SELFINRIMINTION & SUSPET RIGHTS th mendment & Miranda Right to ounsel (6th mendment) rticle Waiver of Rights onfessions Voluntariness Exclusionary Rule IMMUNITY Testimonial vs Transactional De Facto Immunity ivilian Immunity Processing via DoJ Taint Issues and Kastigar Problems REQUESTS FOR EXPERTS & DEPOSITIONS Distincts: Witnesses, onsultants, and Privilege Expert Request Process SELETION ND EXUSL OF MEMERS rticle 25, UMJ, RM 505, FI 51201, para. 5.10; issues with haplains RTILE Purpose Procedures and evidentiary rules Manage Defense Requests onduct rticle 32 Hearing Handle sensitive and special issues 29

30 (O) O (EWY) D (EWY) () 1. Item No. 2. Knowledge, Skill or bility Disclosure Requirement, RM Evidence ccused Rights Victim's Rights Witnesses Draft a Report of Investigation (ROI) Prosecutorial Discretion rticle 34 Pretrial dvice PLES ND PRETRIL GREEMENTS Pleas Prepare Pretrial greements b RESIGNTIONS IN LIEU OF (RILO) PRETRIL RESTRINT pprehension, restraint and confinement pprehension, restraint, and confinement procedures b UNLWFUL OMMND INFLUENE Legal Principles djudicating UI dvising ommands 9.3 INITITION ND DISPOSITION OF HRGES HRGES ND PROOF NLYSIS Format and rules for drafting charges Overcharging harging in the alternative harging rticle 133, harging rt Statute of Limitations Double Jeopardy Draft Proof nalysis 3c c c c 9.4 DVISE ON NONJUDIIL PUNISHMENT (RT 15) RIGHTS OF THE USED PUNISHMENTS PPELS SUPPLEMENTRY TIONS 9.5 OURTSMRTIL Statutory asis Jurisdiction onvening uthority and Jurisdictional Limits onvene a ourtmartial b 30

31 (O) O (EWY) D (EWY) () 1. Item No. 2. Knowledge, Skill or bility 9.6 TRIL TRIL PREPRTION (EG, TRIL NOTEOOKS, HEKLISTS) c PREPRES ND LITIES MOTIONS Write Motions 3c rgue Motions 3c STIPULTIONS Prepare Stipulations of Fact b Prepare Stipulations of Expected Testimony b OURTROOM PROEDURE Procedural Guide Procedural Phases of a M b M Script 3c IDENTIFY ND RGUE INSTRUTIONS Reasonable Doubt 3c Inconsistent Statements 3c haracter Evidence 3c Mistake of Fact 3c SENTENING ND FINDINGS Principles of Sentencing Presentencing procedures (RM 1001) Trial ounsel Responsibilities Prepare Sentencing ase 3c Present Sentencing rgument 3c Sentencing Worksheet c Prepare Findings Worksheet c 9.7 POSTTRIL PROEDURES, WRITS ND PPELS REORD OF TRIL STFF JUDGE DVOTE REOMMENDTION (R), RESPONSE ND DDENDUM ONVENING UTHORITY TIONS POSTTRIL PROESSING Deferment Mandatory Forfeiture Waiver of Forfeitures Return to Duty Program (RTDP) ttachment to the Record rt 38I, UMJ Submission of Matters in lemency rt 60(b), UMJ (RM ) Judge dvocate Review rt 64, UMJ (RM 1112) TJG Review rt 69(a), UMJ 31

32 (O) O (EWY) D (EWY) () 1. Item No. 2. Knowledge, Skill or bility TJG Review rt 69(b), UMJ Petition to TJG for New Trialrt 73, UMJ 9.8 VITIM WITNESS SSISTNE PROGRM (VWP) PROGRM DMINISTRTION dministration VWP oordinator Responsibilities Investigation & Pretrial Process ourtmartial Process Posttrial Process Transitional ompensation Program 9.9 SEXUL SSULT PREVENTION ND RESPONSE (SPR) PROGRM SEXUL SSULT POLIY (EG DOD, F) General Policy Victimization process ounterintuitive behavior Impact of trauma Sexual assault investigation and interviewing process 9.10 DEFENSE REPRESENTTION Determine Eligibility Scope representation and types of actions 10 OPERTIONS & INTERNTIONL LW TYPES OF EROSPE IDENTS ORD OMPOSITION ND QULIFITIONS 10.2 FTER TION REPORTS 10.3 RMS ONTROL ND NONPROLIFERTION 10.4 IR LW UTHORITIES ND GENERL PRINIPLES OF IR LW INTERNTIONL LEGL RULES ND NORMS PPLILE TO MILITRY OPERTIONS 10.5 SE SUPPORT EXPEDITIONRY (S&E) 10.6 LSSIFIED STORGE 10.7 ODE OF ONDUT 10.8 OMMUNITIONS LW 10.9 ONTINUITY OF OPERTIONS (OOP) IVILINS OMPNYING FORE ON THE TTLEFIELD OUNTERDRUG OPERTIONS YERSPE LW KEY TERMS ND DEFINITIONS DoD DO Role, Organization and Structure 32

33 (O) O (EWY) D (EWY) () 1. Item No. 2. Knowledge, Skill or bility US yber ommand (USYEROM) Role, Organization and Structure INFORMTION SYSTEMS LEGL SUPPORT TO YER MISSIONS yber Mission as a service provider yber Mission support to law enforcement counter hacking DEFENSE RTILES SLE, TRNSFER, & DISPOSL DETINEE OPERTIONS STTUS ND TRETMENT OF DOD DETINEES GLOL WR ON TERRORISM (GWOT) DETENTION PROESS TRETMENT OF DOD DETINEES DOTRINE ND POLIY DOMESTI OPERTIONS UNMNNED IRRFT SYSTEMS (US) Training and Operations Search and Rescue Exception FEDERL ND STTE RESPONSIILITIES POSSE OMITTUS RESTRITIONS ND EXEPTIONS th mendment, US onstitution Posse omitatus ct DEFENSE SUPPORT OF IVIL UTHORITIES (DS) SUPPORT TO IVILINS FOR DISSTER RELIEF IMMEDITE RESPONSE UTHORITY EVLUTE REQUESTS FOR SSISTNE (RRLL FTORS) PROHIITED DIRET SSISTNE MUTUL ID GREEMENTS ELETRONI WRFRE EPW OPERTIONS EXERISES, WRGMES & REDINESS FOREIGN LIMS FOREIGN IVIL LITIION FOREIGN RIMINL JURISDITION UTHORITIES JURISDITION DUE PROESS ND FIR TRIL GURNTEES FOREIGN RIMINL JURISDITION REPORTING FOREIGN OMPRTIVE LW FRIENDLY FIRE INVESTIIONS HOMELND DEFENSE OPERTIONS 33