18.2 Individual Accountability & Corrective Action
Key Takeaways
- No person may restrict a military member from making a lawful communication to an Inspector General or a member of Congress.
- Only the Inspector General may investigate allegations of reprisal and restriction under the Military Whistleblower's Protection Act.
- A blood alcohol concentration greater than .08 is considered impaired even without other evidence; 0.05 to less than 0.08 may be presumed impaired.
- There is a one-year driving privilege suspension for driving under the influence at a blood alcohol concentration of 0.08 percent or greater.
- Commanders may not use voluntary self-identification of a substance use problem against a member under the UCMJ or in characterizing service in an administrative discharge.
Enforcing Standards Starts With the Individual
AFH 1 opens with a distinction worth carrying into SJT scenarios: "There are some activities and behaviors that, while arguably not illegal, are nevertheless inconsistent with maintaining good order and discipline." Not everything that is permissible is appropriate.
The Air Force Complaints Resolution Program
The program is "a leadership tool that indicates where command involvement is needed to correct systematic, programmatic, or procedural weaknesses." Resolving an underlying cause "may prevent more severe symptoms or costly consequences, such as reduced performance, accidents, poor quality work, or poor morale."
It also creates an atmosphere of trust in which issues can be objectively and fully resolved without retaliation or fear of reprisal. AFH 1 notes something important: "Even though allegations may not be substantiated, the evidence or investigation findings may reveal systematic, morale, or other problems impeding efficiency and mission effectiveness." An unsubstantiated complaint can still surface a real problem.
Submitting Complaints
A member has the right to present a complaint without fear of reprisal, codified in DoD and Air Force directives. Complaints may be submitted in person, by phone, through electronic means, or in writing to supervisors, first sergeants, commanders, members of any level of the IG system, someone higher in the chain of command, or members of Congress.
The protection is absolute and heavily tested: while members should attempt to resolve complaints at the lowest possible level first, "public law states that no person may restrict a military member from making a lawful communication to an IG or member of Congress."
The member also carries a duty to report: fraud, waste, and abuse or gross mismanagement; a violation of law, policy, procedures, instructions, or regulations; an injustice; any abuse of authority; inappropriate conduct; or misconduct — through appropriate supervisory channels or the IG.
And the exclusive-jurisdiction rule: "Only the IG may investigate allegations of reprisal and restriction under the Military Whistleblower's Protection Act."
Complaints addressed by other channels. Matters normally handled through other established grievance or appeal channels may be referred back unless there is evidence those channels mishandled the matter. The complainant "must provide some relevant evidence that the process was mishandled or handled prejudicially," and "dissatisfaction or disagreement with the outcome or findings of an alternative grievance or appeal process is not a sufficient basis to warrant an IG investigation." The reference is DAFI 90-301.
Commander's Authority and Public Statements
"While preserving an Airman's right of expression to the maximum extent possible, Air Force commanders have the inherent authority and responsibility to take action to ensure the mission is performed."
That authority includes placing lawful restriction on: engaging in dissident and protest activities; writing, distributing, publishing, or posting any unauthorized material; frequenting establishments designated "off limits"; participating in activities of illegal discrimination or activities detrimental to good order, discipline, or mission accomplishment; interfering with the mission or law and order; or presenting a clear danger to loyalty, discipline, or morale.
Public statements. Per AFI 1-1, issuing public statements on official Air Force matters is "the responsibility of cognizant unit or installation commanders and their public affairs representatives." Personnel should ensure information is accurate, prompt, and factual; confined to their particular areas of expertise; avoids a hypothetical and speculative nature; accurately reflects USAF policy; is presented simply and honestly; and complies with the Secretary of Defense's principles for public information.
The individual obligation: "Each USAF member is responsible for obtaining the necessary review and clearance, starting with public affairs, before releasing any proposed statement, text, or imagery to the public. This includes digital products being loaded on an unrestricted website."
Religious Freedom and Accommodation
"Every Airman has the right to individual expressions of sincerely held beliefs, to include conscience, moral principles, or religious beliefs, unless those expressions would have an adverse impact on military readiness, unit cohesion, good order, discipline, health and safety, or mission accomplishment."
Leaders must balance constitutional protections for their own free exercise of religion against the constitutional prohibition against governmental establishment of religion, ensuring "their words and actions cannot reasonably be construed to be officially endorsing, disapproving, or extending preferential treatment for any faith, belief, or absence of belief."
The accommodation procedure is testable in two parts. Per DAFI 52-201:
- Airmen requesting religious accommodation must continue to comply with directives, instructions, and lawful orders until the request is approved
- If not approved, the decision must be based on the facts presented, must directly relate to the compelling government interest of military readiness, unit cohesion, good order, discipline, health, safety, or mission accomplishment, and must be by the least restrictive means necessary to avoid the adverse impact
"Continue to comply until approved" is the answer to any scenario where an Airman acts on a pending request.
Political Activities
"While on RegAF status, members are prohibited from engaging in certain political activities to maintain good order and discipline and to avoid conflicts of interest and the appearance of improper endorsement." Members do have the right and duty as American citizens to vote and voice opinions, but "must be careful that personal opinions and activities are not directly, or by implication, represented as those of the USAF."
Prohibited activities:
- Participating in partisan political fundraising activities, rallies, conventions (including making speeches), management of campaigns, or debates — on one's own behalf or another's. This prohibition applies whether in uniform or not, and regardless of whether an inference of official endorsement may be drawn. Participation includes more than mere attendance as a spectator
- Wearing the uniform at a political event, while making a public speech or interview, while walking picket lines, or marching in a rally or other public demonstration
- Using official authority or influence to interfere with an election, affect its course or outcome, solicit votes for a particular candidate or issue, or require or solicit political contributions from others
- Actively advocating supremacist, extremist, or criminal gang doctrine, ideology, or causes — including those advancing illegal discrimination based on race, creed, color, sex, religion, ethnicity, or national origin, or the use of force, violence, or criminal activity, or efforts to deprive individuals of their civil rights
The "in uniform or not" clause and "more than mere attendance as a spectator" are the two most-tested qualifiers. References: DAFI 51-508, DoDD 1344.10, DoDI 1325.06. Members who engage in specific prohibited activities are subject to prosecution under Article 92, UCMJ.
Reporting timeline: Military Criminal Investigative Organizations, security police, commanders, and other officials must report all allegations that an Airman engaged in activity prohibited under DoDI 1325.06 to the Wing, Delta, or servicing IG office no later than 30 calendar days after receiving the allegation — 60 calendar days for Reserve Component officials.
Alcohol
Air Force policy is to prevent alcohol abuse and alcoholism, assist personnel in resolving alcohol-related problems, and ensure humane management and administrative disposition of those unable or unwilling to be restored to full, effective functioning.
Individual responsibilities: all Airmen are responsible for exercising good judgment; state and foreign country drinking age laws, including in a deployed environment, must be obeyed both on- and off-duty; and use of alcohol must not adversely affect duty performance or conduct — including the ability to be recalled, if specifically required, during scheduled off-duty time.
The Blood Alcohol Standards
| BAC | Status |
|---|---|
| Greater than .08 | Considered impaired, even without any other evidence |
| 0.05 but less than 0.08 | May be presumed to be impaired — this standard may be considered with other competent evidence in determining whether the person is under the influence |
| 0.08 percent or greater | One-year driving privilege suspension for driving or being in physical control of a motor vehicle while under the influence |
Three numbers: 0.05, 0.08, and one year. Note also "being in physical control of" — the suspension does not require that the vehicle be in motion. The reference is AFI 31-218, Motor Vehicle Traffic Supervision, which applies to everyone with military installation driving privileges.
Substance Use and Misuse
"The illegal use of drugs, or improper use of legal drugs, is prohibited and will not be tolerated."
Per DAFMAN 44-197, drug abuse is "the wrongful use, possession, distribution, or introduction onto a military installation or other property or facility under military supervision, of a controlled substance, prescription medication, over-the-counter medication, or intoxicating substance (other than alcohol)."
"Wrongful" means without legal justification or excuse, and includes use contrary to the directions of the manufacturer or prescribing healthcare provider, and use of any intoxicating substance not intended for human ingestion.
Drug abuse also includes inhalant abuse (sometimes referred to as huffing) and steroid use other than as prescribed by competent medical authority. Over-the-counter medication and inhalants are the two categories candidates are surprised to find inside the definition.
The knowing use of any intoxicating substance — other than lawful use of alcohol, tobacco products, or prescription drugs — which is inhaled, injected, consumed, or introduced into the body in any manner to alter mood or function, is prohibited. So is possession of an intoxicating substance with the intent to use it in a manner that would alter mood or function.
The ADAPT Program. Members are encouraged to seek assistance from the unit commander, first sergeant, substance abuse counselor, or a military medical professional through the Alcohol and Drug Abuse Prevention and Treatment (ADAPT) Program, which includes prevention, education, treatment, and urinalysis testing.
A consequential detail: "All patients diagnosed with a substance use disorder and entered into ADAPT will be recommended for limited duty, indicating the patient is not worldwide qualified."
Commander's identification: "Unit commanders will refer all service members for assessment when substance use or misuse is suspected to be a contributing factor in any misconduct." Examples: driving under the influence, public intoxication, drunk and disorderly conduct, spouse or child abuse and maltreatment, underage drinking, positive drug test, or notification by medical personnel.
Drug Testing
"Military members are subject to testing regardless of grade, status, or position," and may receive an order or voluntarily consent to provide urine samples at any time. Members who fail to comply with an order to provide a sample are subject to punitive action under the UCMJ.
| Basis | How results may be used |
|---|---|
| Inspection under Military Rule of Evidence 313 | An inspection is "an examination conducted as an incident of command, the primary purpose of which is to determine and ensure the security, military fitness, or good order and discipline of a unit, organization, or installation," and may be conducted with or without notice. A positive result may be used to refer a member for evaluation, as evidence supporting UCMJ disciplinary action or administrative discharge, and as a consideration on characterization of discharge |
| Probable cause search under Military Rule of Evidence 315 | Requires a search and seizure authorization from the appropriate commander, military judge, military magistrate, or other competent search authority. Probable cause exists when there is a reasonable belief that evidence of illegal drug use will be found. Results may be used as evidence supporting UCMJ action or administrative discharge |
| Medical purposes | Results of any examination conducted for a valid medical purpose — including emergency treatment, periodic physical examination, and diagnostic examinations — may be used to identify drug abusers and as evidence supporting UCMJ action or administrative discharge |
| Commander-directed testing | "Should only be used as a last resort because the results may not be used for disciplinary action under the UCMJ or to characterize an administrative discharge" |
| Self-identification | Commanders may not use voluntary self-identification of a substance use problem against a member in an action under the UCMJ or when determining the appropriate characterization of service in an administrative discharge action |
The two protections — commander-directed results and voluntary self-identification — are the highest-value facts in this passage, because they run opposite to the other three bases. Members eligible for the self-identification protection are those not currently under investigation or pending action.
An Airman wants to write to a member of Congress about a unit problem, but a supervisor tells them to handle it in the chain of command first. What does AFH 1 say?
What blood alcohol concentration results in a one-year suspension of driving privileges, and what BAC range may be presumed impaired?
An Airman not under investigation voluntarily discloses a substance use problem to their first sergeant. How may that disclosure be used?