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Department of the Air Force
Identifying & Addressing
Impermissible Behavior
Prepared by DAF/JA
17 February 2021
DAF/JA
What Does Wrong Look Like?
“Right Wing Death Squad”: SUBJECT engaged in white supremacist messaging over 2 years to
include posting a slogan associated with the white nationalist group “Patriot Front” that read, “not
stolen, conquered” over a map of the United States. SUBJECT founded and was the chairman of
the now-defunct organization, United States Nationalist Initiative. The website claimed it was,
“comprised of patriotic men and women who wish to make a difference within their country and local
communities.”
Command Action: Issued nonjudicial punishment, demoted 2 ranks. Administratively separated.
“Unite the Right” Rally: Media sources identified SUBJECT as one of several neo-Nazi members
who attended the “Unite the Right” rally in Charlottesville, VA in Aug 17. On 12 Aug 17, SUBJECT
wrote online, “Today cracked 3 skulls open with virtually no damage to myself.” SUBJECT was
allegedly a member of the Traditionalist Worker Party and the Atomwaffen Division.
Command Action: Convicted at a Summary Court-Martial for failing to obey an order and false
official statement. Sentenced to 28 days confinement, demoted 2 ranks, and forfeiture of 2/3rd pay
for 1 month. Administratively separated.
Disseminating IED Construction Guidance: On 23 Apr 19, Army CID was notified that SUBJECT
was under FBI investigation for disseminating guidance on how to construct IEDs. SUBJECT
expressed interest in white supremacist organizations including Atomwaffen Division and spoke of
traveling to Ukraine to fight with the Ukraine-based paramilitary group, Azov Battalion. On 21 Sep
19, SUBJECT admitted he routinely provided instructions on building explosive devices to
individuals who told him they intended to use the information to cause harm to others.
Command Action: Pleaded guilty in court (30 months confinement). Administratively separated.
Oakland Federal Courthouse: On 29 May 20, SUBJECT was alleged to have murdered a Federal
Protection officer and wounded a second at the Oakland, CA Federal Courthouse during protests
over the death of George Floyd. SUBJECT has been linked with the extremist, anti-government
group Boogaloo. SUBJECT is also charged with the alleged murder of a Santa Cruz County Sheriff
deputy and the injury to another in June 2020 who were investigating the Federal Courthouse
murder. SUBJECT has pled not guilty to the charges.
Command Action: Monitoring trial in federal court.
Bottom Line: We are all accountable for the culture, good order and discipline, and safety of our units. Impermissible
behavior left unaddressed erodes unit trust and cohesion and places military lethality and effectiveness at risk.
DAF/JA
Wrongful Use of a Government Computer: SUBJECT accessed over 1,000 URLs of extremist
content and websites on a government computer. SUBJECT bookmarked websites of white
supremacists and frequently emailed white supremacist and anti-Semitic content to commercial
email addresses.
Command Action: SUBJECT’s government computer access was revoked, security clearance was
suspended, and issued nonjudicial punishment.
Civilian Proud Boy: Civilian employee SUBJECT made statements declaring he was a member of
“Proud Boys.” SUBJECT additionally threatened to overthrow government and stated he would be
part of civil war following 6 Jan 21 events at the Capitol Building.
Command Action: AFMC issued a debarment order against civilian employee SUBJECT.
“Identity Evropa” Participation: Joint Terrorism Task Force notified OSI about SUBJECT, who
was identified on Facebook as a member of Identity Evropa, a white supremacist group, and served
as treasurer. Huffington Post named SUBJECT in an article about service members who participate
in white nationalist organizations.
Command Action: LOR, UIF, Control Roster, and administrative demotion action. SUBJECT was
discharged for misconduct.
Connection to Gang Shooting: SUBJECT was arrested by state police after SUBJECT’s vehicle
was linked to a gang-related shooting. Although SUBJECT denied any gang affiliation, SUBJECT’s
social media account showed SUBJECT "flashing" gang signs associated with “the Bloods.” Civilian
authorities declined to prosecute due to lack of evidence.
Command Action: Issued nonjudicial punishment.
Plan to Attack Convoy: On 25 May 20, Army authorities were notified that SUBJECT was
planning to attack his unit during a convoy movement in Turkey. The attack was planned by
SUBJECT and other participants on the Telegram Channel Rapewaffen Division, a neo-Nazi
extremist forum. Pending trial in federal court for plotting with the neo-Nazi group (O9A) for the
planned attack and passing classified information. SUBJECT pleaded not guilty to 7 charges.
Command Action: Monitoring trial in federal court.
Identifying Impermissible Behavior
Supremacist – Characterized by a fundamental tenet that members of one race, color, gender, national origin, or
ethnic group are genetically superior. Membership is usually restricted to those of that particular trait.
Extremist – Characterized by the use or threat of force/violence to obtain the goals of a belief that may otherwise
be politically/socially acceptable.
Ideology* – Beliefs shared by members of a group.
Discrimination* – Any action that unlawfully or unjustly results in unequal treatment on the basis of a protected
class (e.g., race, color, religion, etc) and the distinctions are not supported by legal or rational considerations.
Active Participation – Fundraising; demonstrating or rallying; recruiting, training, organizing, or leading members;
distributing material (posting online); knowingly wearing gang colors or clothing; gang or organization tattoos or
body markings; or engaging in activities furthering the gangs’ or organizations’ objectives that are detrimental to
good order, discipline, or mission accomplishment or are incompatible with military service.
Mere membership in a organization is not prohibited; however, it must be considered in evaluating/assigning
military and civilian personnel. See AFI 36-2406, Officer and Enlisted Evaluation Systems, AFI 36-2706, Equal
Opportunity Program.
* Terms not defined in DoDI 1325.06 or AFI 51-508
• Watching impermissible videos
• Reading impermissible literature
• Visiting websites promoting
impermissible ideology
• Membership in an impermissible
group
• Making statements sympathizing
with impermissible ideologies
• Making social media posts that
mention impermissible causes
• Paying dues to an impermissible
organization
• Tattoos of an impermissible
organization
• Knowingly wearing colors /
clothing of an impermissible
organization
• Participation in demonstrations or
rallies of impermissible causes /
organizations
• Engaging in activities in
furtherance of the objective of
impermissible organizations
• Fundraising for an impermissible
organization
• Recruiting for an impermissible
organization
• Training / organizing / leading
members for an impermissible
organization
• Distributing propaganda /
material of such an organization
As Airmen & Guardians, we have the responsibility to report a violation of law, policy, instructions, or regulations. AFI 1-1.
Thoughts Words Active Participation
DoDI 1325.06, Enclosure 3, para. 8a
and AFI 51-508, para. 3.4.
Does the Group
or Material
Advance,
Encourage,
or Advocate:
The Illegal Use of Force, Violence,
or Criminal Activity
Not Presumptively
Impermissible
NO
Illegal Discrimination (Race, Creed,
Sex, Religion, Ethnicity, or Nat'l Origin)
NO
Presumptively
Impermissible
Supremacist, Extremist or Criminal
Gang Doctrine, Ideology, or Causes
NO
DAF/JA
Interest Association Action Advocacy
Language
Personnel Tools* Administrative* Admin (Disciplinary)* Investigative* Judicial*
• Counseling/Mentoring
• Formal Feedback
• Performance Evaluations
• Admin DemotionƗ
• Denial of Reenlistment
• Admin Separation
• EO briefing at CC Call
• Health & Welfare Inspection Order
• No Contact Order
• Removal of Security Clearance
• Debarment
• Termination of Base Housing
• LOR/LOC/LOA
• UIF or Control Roster
• Criminal Investigation
• Commander-Directed Investigation
• Nonjudicial Punishment
• Court-Martial
• State Off-Base Jurisdiction
• Federal Off-Base Jurisdiction
Organizational Resources Considerations for Civilians & Contractors Instructions & Resources
• Judge Advocate
• Equal Opportunity
• Command Chain*
• Office of Special Investigations*
• Security Forces*
• IG Hotline*
• Contracting Office*
• Mental HealthƗ
• ChaplainƗ
• Supervisors should contact their servicing Civilian Personnel Services
and local SJA for assistance.
• Civilian employee misconduct may will be reported using the following
channels: OIG, OSI, EO Office or employee's supervisory chain.
• Contractor employee misconduct will be reported to, and handled by,
the contracting officer.
• Military Commander and the Law
• AFH 36-2618, Enlisted Force Structure
• AFI 36-2606, Reenlistment and Extension of Enlistment
• AFI 36-2710, Equal Opportunity Program
• AFI 36-2903, Dress and Personal Appearance
• AFI 36-2906, Separating Commissioned Officers
• AFI 36-2907, Administrative Adverse Actions
• AFI 36-3208, Administrative Separation of Airmen
• AFI 51-508, Political Activities, Free Speech and Freedom of Assembly
• DODI 1325.06, Handling Dissident and Protest Activities
* Reporting organizations for extremist activities.
Ɨ Helping organizations for victims of extremist activities.
* The category of response is based upon individual’s status, action committed, and facts of situation. Consult your servicing SJA.
Ɨ Provided misconduct constituted a failure to fulfill Airman, NCO, or SNCO responsibilities, as defined in AFH 36-2618, The Enlisted Force Structure.
Additional Resources for Commanders
Potential UCMJ Offenses DoD Policy on Political Groups Additional Considerations
• Art 88, Contempt Toward Officials
• Art 92, Dereliction of Duty
• Art 94, Sedition (overthrow military or civil
authority)
• Art 115, Communicating Threats
• Art 116, Riot or Breach of Peace
• Art 117, Provoking Speech or Gestures
• Art 133, Conduct Unbecoming an Officer -
Art 134, Conduct Prejudicial to Good
Order and Discipline
• Affiliation with a political party is a permissible. (AFI 51-508, ¶ 2.3)
• It is DoD policy that a Service member’s rights of expression should
be preserved to the maximum extent possible in accordance with
constitutional and statutory provisions, and consistent with good order
and discipline and national security. (DoDI 1325.06, ¶ 3b & Encl. 2)
• No commander should be indifferent to conduct that, if allowed to
proceed unchecked, would destroy the effectiveness of his or her unit.
(DoDI 1325.06, ¶ 3c)
• DoD personnel with eligibility to occupy sensitive positions, including
eligibility to access classified information (“covered individuals”), are
required to report to security management personnel credible
information regarding other covered individuals who engaged in criminal
or other activities that may constitute a disqualifying condition under any
of the national security guidelines. (DoD Guidance Memorandum, dated
4 Feb 21)
• Tattoos/brands/body markings anywhere on the body that are commonly
associated with gangs, extremist, or supremacist organizations are
prohibited in and out of uniform. (AFI 36-2903, ¶ 3.4.1.1.)
DAF/JA
Examples of Impermissible Behavior
Service Members
Scenario
CS reports Airman is using gov’t
computer to watch videos of a group
known for violent confrontation with
the government.
What if it was on the Airman’s
personal iPad or phone instead?
Possible Action by CC
1. Member. Counsel on misuse of
gov’t resources/discuss why she has
interest in such a group; LOR/LOC/
NJP (Art 92) for improper use of
government computer (if applicable)
2. Unit. Conduct Health & Wellness
inspection
3. Base. Comm issue messaging on
proper use of government computer
CC Tools
Orgs: JA; local CS
Resources: AFI 1-1, AF Standards
Scenario
Airman maintains membership in the
“Extremists of America” hate group
and occasionally wears a t-shirt
bearing the group’s logo in the dorm
during off-duty hours.
Possible Action by CC
1. Member. Re-oriented to
DoD/DAF standards; Performance
Reports; LOR/LOA/LOC/NJP (Art
92) if violates AFI 51-508, Political
Activities
2. Unit. Conduct Health & Wellness
inspection; CC Call
3. Base. OSI Investigation; consider
standing up TWG
CC Tools
Orgs: JA; OSI
Resources: AFI 1-1, AF Standards,
51-508, Pol. Activities; 36-2406,
Officer/Enlisted Eval Systems
Scenario
Airman participates in a protest as a
member of “Extremists of America”
hate group. The protest turns violent.
Airman is identified in video throwing
rocks at police officers.
What if wearing military uniform?
Possible Action by CC
1. Member. NJP/CM (Arts 92 & 128)
if AF gets jurisdiction; LOR/LOC/UIF
if locals keep jurisdiction;
Performance Reports; Discharge
2. Unit. Address at CC Call (subject
to PII); climate assessment
3. Base. OSI investigation; stand up
TWG; Wg/CC messaging; SFS/OSI
monitor threat to base
CC Tools
Orgs: JA; OSI
Resources: AFI 51-508, Political
Activities; 36-2903, Dress &
Personal Appearance
Scenario
Picture in news shows a Guardian
manning a table for neo-Nazi org at
a local government protest. She is
passing out literature, attempting to
recruit bystanders, and asking for
donations.
Possible Action by CC
1. Member. NJP/CM (Art 92);
Discharge
2. Unit. Address at CC Call (subject
to PII); climate assessment
3. Base. OSI investigation; consider
standing up TWG; Wg/CC
messaging; SFS/OSI monitor threat
to base
CC Tools
Orgs: JA; OSI
Resources: AFI 51-508, Political
Activities
Scenario
A Guardian posts a tweet on his
Twitter account which reads, “The
people arrested at the Capitol
Building should be let go by the gov’t
or other groups may act.” The tweet
is seen by several of the Guardian’s
co-workers.
Possible Action by CC
1. Member. Re-oriented to
DoD/DAF standards; LOR/LOC/NJP
(Art 92) for improper use of
government computer
2. Unit. Conduct Health & Wellness
inspection; CC Call
3. Base. Engage OSI WRT possible
investigation
CC Tools
Orgs: JA; OSI
Resources: AFI 1-1, AF Standards,
AFI 51-508, Political Activities
DAF/JA
Interest Association Action Advocacy
Language
Examples of Impermissible Behavior
Civilians and Contractors
Scenario
A civilian employee routinely eats
lunch in the unit breakroom. She sits
silently alone and reads books and
magazines that vilify a specific ethnic
group.
What if she used her gov’t computer to
view websites with similar content?
Possible Action by CC
1. Civilian. Direct employee cease &
desist; contact CPS; possible charges
may include misuse of government
resources, inappropriate conduct, or
conduct unbecoming fed employee.
Possible LOC/LOR/Suspension for
decided charges
2. Unit. Provide Employee Assistance
Program (EAP) info to employee
3. Base. Comm issue messaging on
proper use of government computer
CC Tools
Orgs: CPS; JA; local CS
Resources: AFI 36-704; AFI 1-1; AFI
36-703
Scenario
A contractor working at the MUNS
warehouse is observed with a tattoo
on his forearm of a green three leaf
clover with a small swastika at its
center. When asked about the tattoo,
he changes the subject.
Possible Action by CC
1. Civilian. Contact CPS. Consider 1st
Am. rights. If it disrupts or disturbs
workplace, then probable progressive
discipline (Admonishment,
Counseling, LOR/LOA, etc)
2. Contractor. Contact Contracting
Officer (CO) to evaluate options (e.g.,
contract rescission, base debarment,
pursuing ban on future fed contract’g)
3. Unit. Climate Assessment &
provide employee EAP info
4. Base. Engage EO, CPO; OSI
CC Tools
Orgs: CPS; JA; OSI, Contracting Sq
Resources: AFI 36-704; AFI 1-1; 51-
508; AFI 36-703; contract terms
Scenario
An AAFES vendor in the BX displays
among his merchandise several
pamphlets advertising an upcoming
talk by a known hate group leader
Possible Action by CC
1. Civilian. If vendor is also an
employee, contact CPS. Consider 1st
Am. rights & nexus b/t “off-duty
misconduct” & adverse impact to work
of the agency. If nexus, then
progressive discipline possible
2. Contractor. If vendor is indepen-
dent contractor, contact CO to eval-
uate solutions, (e.g., contract rescis-
sion, base debarment, & pursuing ban
on future fed contracting)
3. Unit. Address at CC Call (subject to
PII); climate assessment
4. Base. Wg/CC messaging
CC Tools
Orgs: CPS; JA; OSI; Contracting Sq
Resources: AFI 36-704; AFI 51-508;
36-2903; AFI 36-703; contract terms
Scenario
A high school-aged minor living on
base with his family hosts meetings at
his house with other dependent
teenagers. They discuss violent
ideology and make plans to attend a
violent demonstration downtown.
Possible Action by CC
1. Civilian. If parent is an employee,
contact CPS. Consider 1st Am. rights
& nexus b/t “off duty misconduct” &
adverse impact to work of the agency.
If nexus, then progressive discipline
possible. Consider verbal counseling,
potential revocation of housing lease
2. Unit. Address at CC Call (subject to
PII); climate assessment; provide
employee EAP info
3. Base. OSI investigation; Wg/CC
messaging; SFS/OSI monitor threat to
base
CC Tools
Orgs: CPS; JA; OSI; SFS
Resources: AFI 36-704; AFI 51-508;
AFI 32-6000; AFI 36-703
Scenario
A military retiree who frequents the
base displays a bumper sticker on his
car that states, “Overthrow Your
Overlords” with an image of a target
symbol superimposed over the US
Capitol building. Several people call
the BDOC to complain.
Possible Action by CC
1. Civilian. If retiree is an employee,
contact CPS. Consider 1st Am. rights
& nexus b/t misconduct and adverse
impact on the work of the agency
and/or performance. Possible LOR/
LOC/barment
2. Unit. Provide employee EAP info
3. Base. Engage CPO; JA; OSI WRT
possible investigation
CC Tools
Orgs: CPS; JA; OSI
Resources: AFI 36-704; AFI 1-1; AFI
51-508; AFI 36-703
DAF/JA
Interest Association Action Advocacy
Language

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Appx g impermissible behaviors ppt

  • 1. Department of the Air Force Identifying & Addressing Impermissible Behavior Prepared by DAF/JA 17 February 2021 DAF/JA
  • 2. What Does Wrong Look Like? “Right Wing Death Squad”: SUBJECT engaged in white supremacist messaging over 2 years to include posting a slogan associated with the white nationalist group “Patriot Front” that read, “not stolen, conquered” over a map of the United States. SUBJECT founded and was the chairman of the now-defunct organization, United States Nationalist Initiative. The website claimed it was, “comprised of patriotic men and women who wish to make a difference within their country and local communities.” Command Action: Issued nonjudicial punishment, demoted 2 ranks. Administratively separated. “Unite the Right” Rally: Media sources identified SUBJECT as one of several neo-Nazi members who attended the “Unite the Right” rally in Charlottesville, VA in Aug 17. On 12 Aug 17, SUBJECT wrote online, “Today cracked 3 skulls open with virtually no damage to myself.” SUBJECT was allegedly a member of the Traditionalist Worker Party and the Atomwaffen Division. Command Action: Convicted at a Summary Court-Martial for failing to obey an order and false official statement. Sentenced to 28 days confinement, demoted 2 ranks, and forfeiture of 2/3rd pay for 1 month. Administratively separated. Disseminating IED Construction Guidance: On 23 Apr 19, Army CID was notified that SUBJECT was under FBI investigation for disseminating guidance on how to construct IEDs. SUBJECT expressed interest in white supremacist organizations including Atomwaffen Division and spoke of traveling to Ukraine to fight with the Ukraine-based paramilitary group, Azov Battalion. On 21 Sep 19, SUBJECT admitted he routinely provided instructions on building explosive devices to individuals who told him they intended to use the information to cause harm to others. Command Action: Pleaded guilty in court (30 months confinement). Administratively separated. Oakland Federal Courthouse: On 29 May 20, SUBJECT was alleged to have murdered a Federal Protection officer and wounded a second at the Oakland, CA Federal Courthouse during protests over the death of George Floyd. SUBJECT has been linked with the extremist, anti-government group Boogaloo. SUBJECT is also charged with the alleged murder of a Santa Cruz County Sheriff deputy and the injury to another in June 2020 who were investigating the Federal Courthouse murder. SUBJECT has pled not guilty to the charges. Command Action: Monitoring trial in federal court. Bottom Line: We are all accountable for the culture, good order and discipline, and safety of our units. Impermissible behavior left unaddressed erodes unit trust and cohesion and places military lethality and effectiveness at risk. DAF/JA Wrongful Use of a Government Computer: SUBJECT accessed over 1,000 URLs of extremist content and websites on a government computer. SUBJECT bookmarked websites of white supremacists and frequently emailed white supremacist and anti-Semitic content to commercial email addresses. Command Action: SUBJECT’s government computer access was revoked, security clearance was suspended, and issued nonjudicial punishment. Civilian Proud Boy: Civilian employee SUBJECT made statements declaring he was a member of “Proud Boys.” SUBJECT additionally threatened to overthrow government and stated he would be part of civil war following 6 Jan 21 events at the Capitol Building. Command Action: AFMC issued a debarment order against civilian employee SUBJECT. “Identity Evropa” Participation: Joint Terrorism Task Force notified OSI about SUBJECT, who was identified on Facebook as a member of Identity Evropa, a white supremacist group, and served as treasurer. Huffington Post named SUBJECT in an article about service members who participate in white nationalist organizations. Command Action: LOR, UIF, Control Roster, and administrative demotion action. SUBJECT was discharged for misconduct. Connection to Gang Shooting: SUBJECT was arrested by state police after SUBJECT’s vehicle was linked to a gang-related shooting. Although SUBJECT denied any gang affiliation, SUBJECT’s social media account showed SUBJECT "flashing" gang signs associated with “the Bloods.” Civilian authorities declined to prosecute due to lack of evidence. Command Action: Issued nonjudicial punishment. Plan to Attack Convoy: On 25 May 20, Army authorities were notified that SUBJECT was planning to attack his unit during a convoy movement in Turkey. The attack was planned by SUBJECT and other participants on the Telegram Channel Rapewaffen Division, a neo-Nazi extremist forum. Pending trial in federal court for plotting with the neo-Nazi group (O9A) for the planned attack and passing classified information. SUBJECT pleaded not guilty to 7 charges. Command Action: Monitoring trial in federal court.
  • 3. Identifying Impermissible Behavior Supremacist – Characterized by a fundamental tenet that members of one race, color, gender, national origin, or ethnic group are genetically superior. Membership is usually restricted to those of that particular trait. Extremist – Characterized by the use or threat of force/violence to obtain the goals of a belief that may otherwise be politically/socially acceptable. Ideology* – Beliefs shared by members of a group. Discrimination* – Any action that unlawfully or unjustly results in unequal treatment on the basis of a protected class (e.g., race, color, religion, etc) and the distinctions are not supported by legal or rational considerations. Active Participation – Fundraising; demonstrating or rallying; recruiting, training, organizing, or leading members; distributing material (posting online); knowingly wearing gang colors or clothing; gang or organization tattoos or body markings; or engaging in activities furthering the gangs’ or organizations’ objectives that are detrimental to good order, discipline, or mission accomplishment or are incompatible with military service. Mere membership in a organization is not prohibited; however, it must be considered in evaluating/assigning military and civilian personnel. See AFI 36-2406, Officer and Enlisted Evaluation Systems, AFI 36-2706, Equal Opportunity Program. * Terms not defined in DoDI 1325.06 or AFI 51-508 • Watching impermissible videos • Reading impermissible literature • Visiting websites promoting impermissible ideology • Membership in an impermissible group • Making statements sympathizing with impermissible ideologies • Making social media posts that mention impermissible causes • Paying dues to an impermissible organization • Tattoos of an impermissible organization • Knowingly wearing colors / clothing of an impermissible organization • Participation in demonstrations or rallies of impermissible causes / organizations • Engaging in activities in furtherance of the objective of impermissible organizations • Fundraising for an impermissible organization • Recruiting for an impermissible organization • Training / organizing / leading members for an impermissible organization • Distributing propaganda / material of such an organization As Airmen & Guardians, we have the responsibility to report a violation of law, policy, instructions, or regulations. AFI 1-1. Thoughts Words Active Participation DoDI 1325.06, Enclosure 3, para. 8a and AFI 51-508, para. 3.4. Does the Group or Material Advance, Encourage, or Advocate: The Illegal Use of Force, Violence, or Criminal Activity Not Presumptively Impermissible NO Illegal Discrimination (Race, Creed, Sex, Religion, Ethnicity, or Nat'l Origin) NO Presumptively Impermissible Supremacist, Extremist or Criminal Gang Doctrine, Ideology, or Causes NO DAF/JA Interest Association Action Advocacy Language
  • 4. Personnel Tools* Administrative* Admin (Disciplinary)* Investigative* Judicial* • Counseling/Mentoring • Formal Feedback • Performance Evaluations • Admin DemotionƗ • Denial of Reenlistment • Admin Separation • EO briefing at CC Call • Health & Welfare Inspection Order • No Contact Order • Removal of Security Clearance • Debarment • Termination of Base Housing • LOR/LOC/LOA • UIF or Control Roster • Criminal Investigation • Commander-Directed Investigation • Nonjudicial Punishment • Court-Martial • State Off-Base Jurisdiction • Federal Off-Base Jurisdiction Organizational Resources Considerations for Civilians & Contractors Instructions & Resources • Judge Advocate • Equal Opportunity • Command Chain* • Office of Special Investigations* • Security Forces* • IG Hotline* • Contracting Office* • Mental HealthƗ • ChaplainƗ • Supervisors should contact their servicing Civilian Personnel Services and local SJA for assistance. • Civilian employee misconduct may will be reported using the following channels: OIG, OSI, EO Office or employee's supervisory chain. • Contractor employee misconduct will be reported to, and handled by, the contracting officer. • Military Commander and the Law • AFH 36-2618, Enlisted Force Structure • AFI 36-2606, Reenlistment and Extension of Enlistment • AFI 36-2710, Equal Opportunity Program • AFI 36-2903, Dress and Personal Appearance • AFI 36-2906, Separating Commissioned Officers • AFI 36-2907, Administrative Adverse Actions • AFI 36-3208, Administrative Separation of Airmen • AFI 51-508, Political Activities, Free Speech and Freedom of Assembly • DODI 1325.06, Handling Dissident and Protest Activities * Reporting organizations for extremist activities. Ɨ Helping organizations for victims of extremist activities. * The category of response is based upon individual’s status, action committed, and facts of situation. Consult your servicing SJA. Ɨ Provided misconduct constituted a failure to fulfill Airman, NCO, or SNCO responsibilities, as defined in AFH 36-2618, The Enlisted Force Structure. Additional Resources for Commanders Potential UCMJ Offenses DoD Policy on Political Groups Additional Considerations • Art 88, Contempt Toward Officials • Art 92, Dereliction of Duty • Art 94, Sedition (overthrow military or civil authority) • Art 115, Communicating Threats • Art 116, Riot or Breach of Peace • Art 117, Provoking Speech or Gestures • Art 133, Conduct Unbecoming an Officer - Art 134, Conduct Prejudicial to Good Order and Discipline • Affiliation with a political party is a permissible. (AFI 51-508, ¶ 2.3) • It is DoD policy that a Service member’s rights of expression should be preserved to the maximum extent possible in accordance with constitutional and statutory provisions, and consistent with good order and discipline and national security. (DoDI 1325.06, ¶ 3b & Encl. 2) • No commander should be indifferent to conduct that, if allowed to proceed unchecked, would destroy the effectiveness of his or her unit. (DoDI 1325.06, ¶ 3c) • DoD personnel with eligibility to occupy sensitive positions, including eligibility to access classified information (“covered individuals”), are required to report to security management personnel credible information regarding other covered individuals who engaged in criminal or other activities that may constitute a disqualifying condition under any of the national security guidelines. (DoD Guidance Memorandum, dated 4 Feb 21) • Tattoos/brands/body markings anywhere on the body that are commonly associated with gangs, extremist, or supremacist organizations are prohibited in and out of uniform. (AFI 36-2903, ¶ 3.4.1.1.) DAF/JA
  • 5. Examples of Impermissible Behavior Service Members Scenario CS reports Airman is using gov’t computer to watch videos of a group known for violent confrontation with the government. What if it was on the Airman’s personal iPad or phone instead? Possible Action by CC 1. Member. Counsel on misuse of gov’t resources/discuss why she has interest in such a group; LOR/LOC/ NJP (Art 92) for improper use of government computer (if applicable) 2. Unit. Conduct Health & Wellness inspection 3. Base. Comm issue messaging on proper use of government computer CC Tools Orgs: JA; local CS Resources: AFI 1-1, AF Standards Scenario Airman maintains membership in the “Extremists of America” hate group and occasionally wears a t-shirt bearing the group’s logo in the dorm during off-duty hours. Possible Action by CC 1. Member. Re-oriented to DoD/DAF standards; Performance Reports; LOR/LOA/LOC/NJP (Art 92) if violates AFI 51-508, Political Activities 2. Unit. Conduct Health & Wellness inspection; CC Call 3. Base. OSI Investigation; consider standing up TWG CC Tools Orgs: JA; OSI Resources: AFI 1-1, AF Standards, 51-508, Pol. Activities; 36-2406, Officer/Enlisted Eval Systems Scenario Airman participates in a protest as a member of “Extremists of America” hate group. The protest turns violent. Airman is identified in video throwing rocks at police officers. What if wearing military uniform? Possible Action by CC 1. Member. NJP/CM (Arts 92 & 128) if AF gets jurisdiction; LOR/LOC/UIF if locals keep jurisdiction; Performance Reports; Discharge 2. Unit. Address at CC Call (subject to PII); climate assessment 3. Base. OSI investigation; stand up TWG; Wg/CC messaging; SFS/OSI monitor threat to base CC Tools Orgs: JA; OSI Resources: AFI 51-508, Political Activities; 36-2903, Dress & Personal Appearance Scenario Picture in news shows a Guardian manning a table for neo-Nazi org at a local government protest. She is passing out literature, attempting to recruit bystanders, and asking for donations. Possible Action by CC 1. Member. NJP/CM (Art 92); Discharge 2. Unit. Address at CC Call (subject to PII); climate assessment 3. Base. OSI investigation; consider standing up TWG; Wg/CC messaging; SFS/OSI monitor threat to base CC Tools Orgs: JA; OSI Resources: AFI 51-508, Political Activities Scenario A Guardian posts a tweet on his Twitter account which reads, “The people arrested at the Capitol Building should be let go by the gov’t or other groups may act.” The tweet is seen by several of the Guardian’s co-workers. Possible Action by CC 1. Member. Re-oriented to DoD/DAF standards; LOR/LOC/NJP (Art 92) for improper use of government computer 2. Unit. Conduct Health & Wellness inspection; CC Call 3. Base. Engage OSI WRT possible investigation CC Tools Orgs: JA; OSI Resources: AFI 1-1, AF Standards, AFI 51-508, Political Activities DAF/JA Interest Association Action Advocacy Language
  • 6. Examples of Impermissible Behavior Civilians and Contractors Scenario A civilian employee routinely eats lunch in the unit breakroom. She sits silently alone and reads books and magazines that vilify a specific ethnic group. What if she used her gov’t computer to view websites with similar content? Possible Action by CC 1. Civilian. Direct employee cease & desist; contact CPS; possible charges may include misuse of government resources, inappropriate conduct, or conduct unbecoming fed employee. Possible LOC/LOR/Suspension for decided charges 2. Unit. Provide Employee Assistance Program (EAP) info to employee 3. Base. Comm issue messaging on proper use of government computer CC Tools Orgs: CPS; JA; local CS Resources: AFI 36-704; AFI 1-1; AFI 36-703 Scenario A contractor working at the MUNS warehouse is observed with a tattoo on his forearm of a green three leaf clover with a small swastika at its center. When asked about the tattoo, he changes the subject. Possible Action by CC 1. Civilian. Contact CPS. Consider 1st Am. rights. If it disrupts or disturbs workplace, then probable progressive discipline (Admonishment, Counseling, LOR/LOA, etc) 2. Contractor. Contact Contracting Officer (CO) to evaluate options (e.g., contract rescission, base debarment, pursuing ban on future fed contract’g) 3. Unit. Climate Assessment & provide employee EAP info 4. Base. Engage EO, CPO; OSI CC Tools Orgs: CPS; JA; OSI, Contracting Sq Resources: AFI 36-704; AFI 1-1; 51- 508; AFI 36-703; contract terms Scenario An AAFES vendor in the BX displays among his merchandise several pamphlets advertising an upcoming talk by a known hate group leader Possible Action by CC 1. Civilian. If vendor is also an employee, contact CPS. Consider 1st Am. rights & nexus b/t “off-duty misconduct” & adverse impact to work of the agency. If nexus, then progressive discipline possible 2. Contractor. If vendor is indepen- dent contractor, contact CO to eval- uate solutions, (e.g., contract rescis- sion, base debarment, & pursuing ban on future fed contracting) 3. Unit. Address at CC Call (subject to PII); climate assessment 4. Base. Wg/CC messaging CC Tools Orgs: CPS; JA; OSI; Contracting Sq Resources: AFI 36-704; AFI 51-508; 36-2903; AFI 36-703; contract terms Scenario A high school-aged minor living on base with his family hosts meetings at his house with other dependent teenagers. They discuss violent ideology and make plans to attend a violent demonstration downtown. Possible Action by CC 1. Civilian. If parent is an employee, contact CPS. Consider 1st Am. rights & nexus b/t “off duty misconduct” & adverse impact to work of the agency. If nexus, then progressive discipline possible. Consider verbal counseling, potential revocation of housing lease 2. Unit. Address at CC Call (subject to PII); climate assessment; provide employee EAP info 3. Base. OSI investigation; Wg/CC messaging; SFS/OSI monitor threat to base CC Tools Orgs: CPS; JA; OSI; SFS Resources: AFI 36-704; AFI 51-508; AFI 32-6000; AFI 36-703 Scenario A military retiree who frequents the base displays a bumper sticker on his car that states, “Overthrow Your Overlords” with an image of a target symbol superimposed over the US Capitol building. Several people call the BDOC to complain. Possible Action by CC 1. Civilian. If retiree is an employee, contact CPS. Consider 1st Am. rights & nexus b/t misconduct and adverse impact on the work of the agency and/or performance. Possible LOR/ LOC/barment 2. Unit. Provide employee EAP info 3. Base. Engage CPO; JA; OSI WRT possible investigation CC Tools Orgs: CPS; JA; OSI Resources: AFI 36-704; AFI 1-1; AFI 51-508; AFI 36-703 DAF/JA Interest Association Action Advocacy Language