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Commander and First Sergeant's Checklist for Airmen Under Investigation or Involved with the Legal System

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Maryland Safe Firearm Storage

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Psych Performance Team

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Support Team

Psych Performance Team: 

 301-677-0646

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KACC BH Clinic: 301-677-8895

 

JA: 301-256-3568

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OSI: 301-677-0555/ 0237

 

CH: 301-395-1248

 

SPPM: 301-256-3503

A printable version of this checklist.

In accordance with AFI 90-5001, Integrated Resilience, use of this checklist is mandatory for Unit CCs/ 1st Sgts upon:
 

a. notification that an Airmen or Guardian is under investigation under the UCMJ or a civilian jurisdiction for a criminal offense.


b. CC Directed Investigations (CDIs) when the member is informed of the CDI.

 

The use of this checklist is recommended for Unit CCs/ 1st Sgts for all Airmen who may benefit due to current, recent or anticipated investigation(s) or legal issues of any type to include non-judicial punishments or involuntary separations.


If the Unit CC is preferring charges, tasks can be delegated. The checklist is initiated only after the member has been apprised by OSI or other law enforcement agency conducting an investigation (Consult with JA for guidance as needed).
 

Airmen under investigation represent an “at-risk” group for a number of negative outcomes to include suicide. This checklist is intended to help leaders mitigate this risk. Leaders must remember two overarching recommendations in all interactions with Airmen under investigation:

  • Ensure the member continues to feel connected to and valued by the unit.

  • Ensure the member is aware of helping resources and has access to them.

 

These overarching recommendations and the signs/risk factors for suicidality should be considered in each item of the checklist.

Initial Actions
(Within 24 Hours of Notification to the Subject)
*see notes below for additional guidance*

01

Inform Unit CC, 1st Sgt, Officer in Charge and Supervisor. Following any subject interview or notification, investigators must hand-off the member directly to their CC or 1st Sgt through person-to-person documented contact.

02

Ensure “Warm Hand Off” after investigative interviews in accordance with AFI 90-5001, Integrated Resilience.

03

Reinforce to the member that they remain a valued member of the unit.

04

Provide Area Defense Counsel (ADC) information to the member, if needed.

05

Ensure key personnel and the member have coping strategies in place and encourage healthy/ positive help-seeking strategies via local resources. Ask directly about suicidal thoughts and contact Behavioral Health (BH), Performance Psych Team, or Chaplain to seek consultation on assisting/ supporting the member as necessary.

06

Inform the member of the Limited Privilege Suicide Prevention (LPSP) Program and refer them to the BH clinic in accordance with AFI 44-172, Mental Health, 13 Nov 2015, certified 23 Apr 2020.

07

If member is unwilling to receive BH care and does not meet criteria for CDE, encourage that member to engage with a mental health resource and provide applicable contact information.

08

Direct 1st Sgt or Flt/CC and supervisor conduct regular reoccurring check-ins with member to determine coping strategies, social support, access/engagement with Chaplains and/or BH, any thoughts of self-harm, and access to lethal means.

09

If personal safety is a concern and the member has access to lethal means:
 

1. Encourage member to voluntarily secure personal firearms with friend/armory.
 

2. Restrict access to duty weapons via Do Not Arm roster if necessary for members residing on base or in off-base privatized housing:
 

a. CC may have authority to order member to temporarily turn over personal firearms to mitigate immediate threat(s).
 

b. CC must engage the installation JA prior to taking action in this regard.
 

3. Consult with medical/BH regarding management of medications and safe storage.
 

CCs may be required to notify individuals of legal restrictions from owning or possessing firearms and ammunition IAW federal law and AFMAN 71-102. If safety of others is a concern assess the need for a Military Protective Order, DD Form 2873, and issue any such order deemed necessary.

Follow Up Actions
(72 Hours and Beyond)
*see notes below for additional guidance*

10

Ensure 1st Sgt or Flt/CC or supervisor has frequent (weekly, at a minimum) check-ins with member and that unit leaders meet regularly with the member until legal action is resolved.

11

Have the member and 1st Sgt or Flt/CC or supervisor develop activity plan for off duty time, e.g., weekends, leave & holidays. CC or 1st Sgt should coordinate with Behavioral Health and/or JA. Consult with law enforcement if the member is under investigation.

12

Have the member’s leave (outside local area) requests reviewed/coordinated at the Sq/CC level. Prior to leave authorization consult with law enforcement if the member is under investigation. CC or 1st Sgt must coordinate with JA.

13

1st Sgt should meet weekly, at a minimum, with the member to discuss any safety/coping concerns and provide support. 1st Sgt should maintain regular contact with supervisor or CC updating status of weekly check-ins. Ensure that the 1st Sgt reads the member his or her Article 31 rights if the member discusses any topics that may implicate criminal activity.

14

Encourage the member to remain engaged within their unit and community activities as appropriate.

15

Encourage hope and acknowledge positive changes, behaviors, or contributions made by the member regardless of current allegations or pending legal actions.

Additional Considerations to Discuss with the Treatment Team

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  • AF Investigative Interview Policy. Per AFI 90-5001, para. 5.3.2, following any subject interview, AF investigators must hand-off the member directly to their CC or 1st Sgt through person-to-person documented contact and inform them of any perceived risk of suicide in accordance with investigative policies. CCs and 1st Sgts will use the checklist when notified that an Airman is under UCMJ or civilian criminal investigation. This can assist with mitigating risk of suicide, suicide attempt or other forms of harm

 

  • Consult JA. Following or preceding an OSI interview, the CC may have questions/issues they want to discuss with the Airman. Due to the nature of the CC’s role, and that the Airman may be suspected of criminal wrongdoing, any discussions may need to be preceded by an Art. 31, UCMJ, or Miranda Rights advisement. CCs should immediately and frequently consult with their JA on whether or not they should advise an Airman of his/her rights prior to discussing things related to the suspected offense as it could prompt self-incriminating responses, questions, etc., from the Airman.

 

  • Guidance for Check-ins. Key personnel may include those directly working with the Airman in supportive or treatment capacities. Be willing to ask about possible thoughts of wanting to die by suicide. It will help you know what type of help they may need. Use the ACE Model for discussing suicide. Additional questions to consider asking: Would you tell me if you were having thoughts of harm? Do you have a wingman for support?

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  • Access to Lethal Means. Access to lethal means may put a member at increased risk for acting on thoughts of self-harm or suicide. Lethal Means Safety is a strategy to reduce potential risk. Given the elevated risk among Airmen under investigation, it is recommended that unit leadership encourage the member to voluntarily relinquish firearms temporarily to be secured in the armory or to a trusted friend or unit member. Other potentially lethal means (e.g., medications and/or hazardous chemicals) should be  considered if the member has expressed thoughts of self-harm with these means. Leaders at all levels will comply with DoD requirements (e.g. gun locks, safe storage, danger to self or others procedures) and consult with JA prior to taking action that would restrict a member’s access to weapons. Additional question CC may consider asking may include, but not limited to, do you plan to purchase a weapon?

 

  • Frequent Check-ins. Check-ins (daily to 2-3 times a week) may be accomplished in person, via phone, or text at the discretion of the CC. Weekly contacts with the 1st Sgt should occur face to face. Ensure that these are “caring contacts”.

 

  • Activity Plan. An activity plan is a set of instructions with activities to structure time while away from work, school or other regularly scheduled activities. The activities plan may include a daily schedule  planning out each day from activities of daily living, events, and coping strategies. The plan should include daily check-ins with peers, family, friends or unit leadership. The plan must be re-evaluated on a regular basis and prior to any new leave requests/long weekends.

 

  • Leave Requests. Leave requests, especially outside the local area should be carefully considered in light of case status and the member’s coping abilities. CC review should be conducted in conjunction with BH, JA, law enforcement, and supervisor input, as appropriate. CC or 1st Sgt must coordinate with JA and law enforcement if the member is under investigation because there may be concerns with the member being a flight risk (deserter/fugitive) to avoid prosecution or other punitive action.
     

  • Ensure that the member does not feel “written off” by the CC, chain of command, unit, or peers. Airmen under investigation must continue to meet applicable standards and should be given opportunities to contribute to the mission and interact with unit and peers through formal/informal squadron functions unless there are specific reasons to exclude them from such activities. Feared loss of career is a significant stressor and risk factor for suicide related behaviors. Social exclusion and feeling like a burden to others are identified suicide risk factors. Keep the member integrated and productive to every extent possible. This may pose a challenge if operational access has been restricted, but CC and 1st Sgt should be creative to find task that are commensurate with the individual’s rank and AFSC.

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