AFI 44-121 PDF

Supersedes AFI , 1 January Pages: Distribution: F. This Air Force Instruction (AFI) establishes guidance for the Air Force. Information derived from AFPAMV1 and Air Force Instruction Members of the Air Force are held to the highest standards of. Per AFI , substance abuse education is mandated for: ▫ Member arriving at first permanent duty assignment. ▫ Every new assignment.

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The court reporter provided a copy of the transcript of the proceedings to the military judge on 29 April Accordingly, I would remand the case to the trial court for a determination whether an order for Appellee to submit a urine sample had been issued and a reconsideration of the admissibility of the disclosures and urinalysis results based on that determination. The Manual treats the existence of an order as only one element of the offense of failure to obey a lawful order. Schrama argued ; Lieutenant Colonel Joy L.

All of these questions are answered pursuant to the standard of review in this case. We also see no prejudice to the Government from these events given the timing of the supplemental filing.

MSgt CJ then decided to take Appellee to a local hospital for treatment. Oler; and Gerald R. A consideration in this analysis is whether judicial efficiency is improved. Newsletter Sign up to receive the Free Law Project newsletter with tips and announcements.

Once notified of the order, they no longer have a choice and must accept whatever consequences come as a result of the testing. The military magistrate granted the search authorization. What constitutes an order to give a urine sample as part of the drug-testing program? The military judge authenticated the record of proceedings seven days after the notice of appeal was filed and xfi days after she received 44-112 transcript.

The sample was afk to the Air Force Drug Testing Laboratory which reported the results as positive for heroin, marijuana, and lorazepam. Despite this apparent awareness, they chose not to specify delivery of the order or notification, or even knowledge as the triggering condition for the exception to voluntariness. The Government contends that the military judge does not possess this reconsideration authority, as part of her authentication of a record of proceedings prepared for use in a government appeal under Article 62, UCMJ, when that authentication occurs after the Government has filed its notice of appeal.


Agi to the search authorization, a urine sample was obtained by the investigator while Appellee was in the hospital.

The record, however, indicates that the commander in this case went beyond the requirements of AFI in at least one material sense. The information in quotes is verbatim from her ruling. The Government argues that, although the urinalysis test was called a probable cause test, it was actually an extension of the earlier authorized inspection test. For this proposition, the Government relies on United States v. In the routine course of events, the adi of a drug abuse investigation af often not aware that the investigation has begun.

Because this issue is before us pursuant afu a Government appeal, we may act only with respect to 44-211 of law. On 1 Maythe same day she authenticated the record of proceedings, the military judge issued a 6-page supplemental ruling that incorporated the entirety of her original ruling and added several findings of fact and conclusions of law.

Since the drafters were cognizant of the difference between being recommended for separation and being advised of that recommendation, it is rational to infer that they knew the difference between being ordered to provide a sample and being notified of that order. Her ultimate conclusion was unchanged.

ADAPT program helps Airmen overcome alcohol, drug abuse

Ordered to Give a Urine Sample Ai military judge found: Are the Findings of Fact Clearly Erroneous? Appellate Counsel for the United States: Article 62 bUCMJ. After arriving at the mental health clinic, Capt AD told Appellee that he might want to obtain the services of the area defense counsel ADC. Appellate Counsel for the Appellee: We agree with the military judge that the facts in this case are distinguishable. Third, this approach is consistent with that taken by federal appellate courts.

Ambiguity does not exist simply because more than one specific example can be enumerated under a broader concept. The Government suggests that an order to provide a sample existed much earlier in the process. The record is remanded for further proceedings consistent with this opinion.

Taking personal responsibility affects all those desired outcomes. In addition to finding that Appellee never received an order to provide a urine sample as part of the drug testing program, the military judge determined that the issue was not whether Appellee should have known that an order was forthcoming or when the commander or his designee signed the order, but rather whether Appellee received the order.


However, in the context of AFIvoluntary is a defined term, so we do not apply the general rule. This ruling affected all three specifications in the case. See United States v. Trial defense counsel filed a pretrial motion to suppress all statements of Appellee and the results of his positive urinalysis. Second, while I considered the argument that our interpretation of voluntariness, as a state of mind, should by its nature include only those facts of which the subject was aware, the surrounding context of AFI shows that the drafters did not intend that 16 Misc.

Permitting military judges to sua sponte reconsider rulings that are being appealed under Article 62, UCMJ, and to issue revised opinions prior to authentication makes practical sense. After learning this, the commander ordered the same individuals to provide a second sample but called the order a commander-directed urinalysis. However, in this case, Appellee was only at the hospital in a position ai be overheard because his superior noncommissioned officers escorted him there in a direct and unbroken chain of events that started with a protected disclosure.

We do not believe we have reached a point in time when a computer program has the authority to issue orders without intervening action by a human member of the armed forces.

Rogers said if it is determined the patient requires more than an education program, a treatment team is assembled “so everybody’s on the same page for the best aif forward.

ADAPT program helps Airmen overcome alcohol, drug abuse > Joint Base San Antonio > News

The investigator used the information in the statements for 12 Misc. In determining how to proceed here, we employ ordinary rules of statutory construction to interpret the Rules for Courts-Martial, to include reading them holistically. We disagreed and denied the motion to strike.