Air Force Unit Training Managers' (UTMs) Guide to Ethical and Legal Issues in Military Education and Training by https://padlet.com/mmounib/boa0t9inzvyqtor9 en-us 2023-07-03 16:53:07 UTC 2025-10-27 13:38:31 UTC hello@padlet.com https://padlet.net/icons/png/2696.png Slide #1 Professional Perspective/Audience/Topic: mmounib https://padlet.com/mmounib/boa0t9inzvyqtor9/wish/2637311570 UTMs oversee the timely completion of ancillary and on-the-job training in accordance with the standards of each Air Force mission. From the perspective of a future UTM and presented to current UTMs. This guide offers reference materials for solving the type of legal ethical issues UTMs might encounter. The only Air Force ethical standards that can be used in solving dilemmas are the comprehensive "Airman Foundational Competencies Definitions" (Department of the Air Force, 2022, p. 35, Table A2.1) encompassing all Air Force career fields. This guide reviews some laws and policies that enable the mission of training U.S. armed forces as well as some of the ethical and future training issues proper to the Air Force education and training field. Although investigating ethical misconduct is ultimately done by the Air Force Office of Special Investigations (AFOSI) and Judge Advocate General Corps (JAGC), UTMs need to understand how laws and policies impact their function in order to prevent or report to the proper authorities. cases of criminal and ethical misconduct.]]> 2023-07-03 17:16:49 UTC https://padlet.com/mmounib/boa0t9inzvyqtor9/wish/2637311570 Slide #2 Summary of Topic:  mmounib https://padlet.com/mmounib/boa0t9inzvyqtor9/wish/2637314488 This legal guide offers UTMs information on the laws, policies, and ethical issues that affect the Air Force education and training career field. Knowledge of those laws and policies will guide UTMs in presenting for investigation, by AFOSI and the JAGC, cases of test compromise, unlawful disclosure of training materials, and false statements in training reports. This guide also provides additional ethical guidance for UTMs in the exercise of their functions. Given that their work is often done remotely UTMs need particular legal and ethical guidelines to fulfill their function while maintaining strict operational security.

This guide also includes a 2022 study submitted to the Research and Development Corporation (RAND Corporation) announcing an upcoming shift in Air Force education and training: from measuring proficiencies from an individual to a group perspective (Toukan et al, 2022). This shift coincides with the recent geopolitical events in Ukraine and the South China Sea, which indicate a potential return to large-scale conflict. This strategic repositioning will inevitably lead to different training practices. As trainees start getting assessed on how well they work together, UTMs may have to tackle unforeseen legal and ethical issues.]]> 2023-07-03 17:26:05 UTC https://padlet.com/mmounib/boa0t9inzvyqtor9/wish/2637314488 Slide #3 Professional Association: Air Force Learning Professionals mmounib https://padlet.com/mmounib/boa0t9inzvyqtor9/wish/2637316157 The Air Force Learning Professionals is an association of Educators that provides resources on instructor development: which includes a module on professional relationships consisting in part of an annual online course on Air Force ethics as well as the policy on professional relationships. This policy codifies in detail the types of occurrences and behaviors that have legal ramifications. "Alcohol shall not be consumed as part of any syllabus, lesson plan, or plan of instruction training activity, and students shall not be required or encouraged to consume alcohol for any purpose, including as a method of gaining acceptance in the training community (T-1). Squadron commanders in training squadrons will establish an alcohol consumption policy, after consultation and review from their servicing base legal offices (T2)." (Department of the Air Force, 2019, p. 26, §4.5.3)

Air Force Learning Professionals. (n.d.). Instructor competencies: professional relationships. Learningprofessionals.af.mil. https://www.learningprofessionals.af.mil/Resources/Career-Field-Education-Training/

Department of the Air Force (2019) Air Force Instruction 36-2909. https://static.e-publishing.af.mil/production/1/aetc/publication/afi36-2909_aetcsup/afi36-2909_aetcsup.pdf

]]> 2023-07-03 17:31:32 UTC https://padlet.com/mmounib/boa0t9inzvyqtor9/wish/2637316157 Slide #4 Current News Article: Ethical Behavior More Than Just Yearly Online Training  mmounib https://padlet.com/mmounib/boa0t9inzvyqtor9/wish/2637316752 This article from the Department of Defense (DoD) News presents a video by the U.S. Secretary of Defense Loyd Austin where he addresses the importance of ethical conduct across all of the DoD endeavors. UTMs handle issues of ethical misconduct in regard to test compromise, fraudulent distribution of controlled training material, and potential false statements in official training reports. The new format for ethical training helps UTMs in solving cases of ethical misconduct. This ethical conduct training combines the usual recalling of key information on ethical issues through training videos and multiple choice question testing with scenario-based questions that give test-takers the opportunity to apply ethical principles to a specific situation. UTMs also oversee the yearly completion of ethical conduct training for each member at the squadron level as per DoD requirements:
- Ethical conduct training is done online
- Ethical conduct training is completed yearly
- Ethical conduct training is mandatory for both service members and DoD civilian contractors
- Ethical training is now incorporating a scenario-based format that encourages the application of ethical principles to a specific situation.

Todd Lopez, C. (2022). Ethical behavior more than just yearly online training. U.S. Department of Defense. https://www.defense.gov/News/News-Stories/Article/Article/3023359/ethical-behavior-more-than-just-yearly-online-training/]]> 2023-07-03 17:33:44 UTC https://padlet.com/mmounib/boa0t9inzvyqtor9/wish/2637316752 Slide #5 Current News Article: Ethical, Legal Considerations for Remote Work mmounib https://padlet.com/mmounib/boa0t9inzvyqtor9/wish/2637318132
This article from the National Defense Magazine highlights how remote work can raise ethical issues for DoD employees. UTMs often work on their own. A UTM's function of overseeing training programs can to a large extent be accomplished through remote work if necessary. UTMs should then be particularly cautious of avoiding the possible negative ethical implications of remote work:
- A decreased level of supervision can lead to an "increased opportunity for labor or time mischarging" (Eyre & Zhou, 2022, para. 7) which could lead to False Claims Act liabilities imposed on employees defrauding the government (U.S. Department of Justice Civil Division, 2019, para. 2)
- Supervisors can no longer rely on face-to-face interaction or traditional methods of timekeeping: they should further monitor employee compliance with policy, implementing more detailed reporting and justification for task completion (Eyre & Zhou, 2022, para. 8-10).
- Employees should report non-compliance to company policy as often as in a traditional office setting, in spite of the distance from other employees and supervisors (Eyre & Zhou, 2022, para. 11-12).
- Defense employees should be even more cautious with sensitive information when using a private network and avoid using any unapproved technology (Eyre & Zhou, 2022, para. 13-14).
- Defense employees should also use increased security measures to maintain the confidentiality of their work when fulfilling their role outside of a secure office environment Eyre & Zhou, 2022, para. 15-17).

Eyre, P., & Zhou, M. Y. (2022, September 12). Ethics Corner: Ethical, Legal Considerations for Remote Work. https://www.nationaldefensemagazine.org/articles/2022/9/12/ethical-legal-considerations-for-remote-work

U.S. Department of Justice Civil Division. (2019). The false claims act. https://www.justice.gov/civil/false-claims-act#:~:text=The%20FCA%20provides%20that%20any]]> 2023-07-03 17:38:20 UTC https://padlet.com/mmounib/boa0t9inzvyqtor9/wish/2637318132 Slide #6 Original Sources of Law at the Federal Level - Constitutional law: U.S Constitution Article I Section 8. Clause 11.2 Powers of Congress mmounib https://padlet.com/mmounib/boa0t9inzvyqtor9/wish/2637320345 Section 8 of Article 1 of the U.S. Constitution establishes the various powers of Congress including prerogatives on regulating the nation’s military. It is the constitutional source of law that declares the necessity of providing training for the nation’s armed forces. "Congress shall have power to [...] make Rules for the Government and Regulation of the land and naval Forces. " (U.S. Const. art. 1, § 8, c 11.2)

U.S. const. art. 1. § 8, C11.2. (1788). Senate.gov. https://www.senate.gov/about/origins-foundations/senate-and-constitution/constitution.htm#a1_sec8]]> 2023-07-03 17:45:44 UTC https://padlet.com/mmounib/boa0t9inzvyqtor9/wish/2637320345 Slide #7 Original Sources of Law at the Federal Level - Statutory Law: Unified Code of Military Justice §892. Art. 92. Failure to obey order or regulation mmounib https://padlet.com/mmounib/boa0t9inzvyqtor9/wish/2637321435 Article 92 of the Unified Code of Military Justice gives force of law to military regulatory documents. "Any person subject to this chapter who—
(1) violates or fails to obey any lawful general order or regulation;
(2) having knowledge of any other lawful order issued by a member of the armed forces, which it is his duty to obey, fails to obey the order; or
(3) is derelict in the performance of his duties; shall be punished as a court-martial may direct." (Article 92, UCMJ, § 892) 

Failure to obey order or regulation, Uniform Code of Military Justice Art. 92 § 892, 18 U.S.C. § 1001.(2019). https://jsc.defense.gov/Portals/99/Documents/UCMJ%20-%2020December2019.pdf
]]> 2023-07-03 17:49:47 UTC https://padlet.com/mmounib/boa0t9inzvyqtor9/wish/2637321435 Slide #8 Original Sources of Law at the Federal Level - Administrative Law: DOD Instruction 1322.35, Volume 1 Military Education Program Management and Administration mmounib https://padlet.com/mmounib/boa0t9inzvyqtor9/wish/2637322852
This Department of Defense instruction provides the policy for military education of all the service branches. "It is DoD policy, through DoD ME [military education] programs, to:
 a. Equip warfighters and security professionals with the knowledge and habits of mind required for operational success to ensure the force’s cognitive readiness.
 b. Develop strategic-thinking warfighters who leverage diverse experiences, backgrounds, and perspectives to think critically and creatively about using military power to inform national strategy, conduct globally integrated operations, and fight under conditions of disruptive change.
 c. Prepare the DoD workforce to perform effectively and ethically across the entire spectrum of DoD operations to achieve national security objectives." (Department of
 Defense Instruction 1322.35, Volume 1, p. 3 § 1.2)

Department of Defense. (2022). DoD Instruction 1322.35, Volume 1. https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/132235_vol1.PDF?ver=1mKICMbRcNsQUXaPf5YUfw%3D%3D 


]]> 2023-07-03 17:54:55 UTC https://padlet.com/mmounib/boa0t9inzvyqtor9/wish/2637322852 Slide #9 Original Sources of Law at the State Level: Judicial Law - Ohio National Guard v. American Federation of Government Employees, Local 3970, AFL-CIO (American Federation of Labor and Congress of Industrial Organizations) mmounib https://padlet.com/mmounib/boa0t9inzvyqtor9/wish/2637325340 This ruling demonstrates the legal limitations of military jurisdiction. The new commander of the Ohio National Guard retracted a previous agreement with the American Federation of Government Employees that allowed technicians serving part-time to be unionized.  This case ruled in favor of the union. "The Statute gives dual status technicians of the Ohio National Guard the following rights: To form, join, or assist any labor organization;
 - To act for a labor organization in the capacity of a representative;
 - To present the views of the labor organization to heads of agencies and other officials of the executive branch of the Government, Congress, or other appropriate authorities;
 - To engage in collective bargaining with respect to conditions of employment through representatives chosen by employees under the Statute; and
 - To refrain from any of the activities set forth above, freely and without fear of reprisal.
 - The Ohio National Guard will not violate any of these rights." (Ohio National Guard v. American Federation of Government Employees Local 3970 AFL-CIO, 2020)

Ohio National Guard v. American Federation of Government Employees Local 3970 AFL-CIO, OALJ 18-13 (2020). https://www.flra.gov/node/78540


]]> 2023-07-03 18:03:59 UTC https://padlet.com/mmounib/boa0t9inzvyqtor9/wish/2637325340 Slide #10 Policy or Rule from a School or Institution - Administrative Law: Career field education and training plan (CFETP) for the Air Force education and training career field (AFSC 3F2X1) mmounib https://padlet.com/mmounib/boa0t9inzvyqtor9/wish/2637327183 This policy is specific to the Air Force career field of training and education. The policy describes how this career field aids in the development of competencies in Air Force technical maintenance and logistical support. The education and training Air Force career field “conducts Education and Training (E&T) tasks for maintenance, operations, and support training; performs education services, curriculum development, and instructor activities. Develops, delivers, and evaluates Education and Training programs and oversees Education and Training activities.” (Department of the Air Force, 2023, p. 8, § B 4.1)

Department of the Air Force. (2023). AFSC 3F2X1 Education and Training. https://static.e-publishing.af.mil/production/1/af_a1/publication/cfetp3f2x1/cfetp3f2x1.pdf

]]> 2023-07-03 18:10:14 UTC https://padlet.com/mmounib/boa0t9inzvyqtor9/wish/2637327183 Slide #11 Ethical Principle: AIRMAN’S FOUNDATIONAL COMPETENCIES DEFINITIONS mmounib https://padlet.com/mmounib/boa0t9inzvyqtor9/wish/2637327621
The modeling of Air Force competencies is based on developing a set of defined ethical behaviors and best practices (Department of the Air Force, 2022, p. 35, Table A2.1). Although the role of UTM is connected to the vast majority of Air Force ethical behaviors and best practices: the most applicable is "information seeking". UTMs offer guidance along a process of "continuous learning". UTMs analyze how training is conducted, "identify areas of deficit" and offer recommendations as subject matter experts (Department of the Air Force, 2022, p. 39, Table A4.5).

Department of the Air Force. (2022). Air Force Handbook 36-2647: Competency Modeling https://static.e-publishing.af.mil/production/1/af_a1/publication/afh36-2647/afh36-2647.pdf]]> 2023-07-03 18:11:50 UTC https://padlet.com/mmounib/boa0t9inzvyqtor9/wish/2637327621 Slide #12 Non-Law Source:  mmounib https://padlet.com/mmounib/boa0t9inzvyqtor9/wish/2637328078
This study was submitted in 2022 to the RAND Corporation on the necessary investment in Air Force training to counter the threat of large-scale conflict. Air Force training requirements are shifting from the asymmetrical warfare of counter-insurgency to a conventional type of conflict not seen since WWII.  Air Force training managers will play a key role in assessing unit capability through "improved metrics [...] at both the individual and team level." (Toukan et al, 2022, p. 9, para. 4)

Toukan, M., & Schulker, D. (2022). Improving U.S. air force training investments: Putting proficiency first. https://www.rand.org/pubs/perspectives/PEA992-3.html

]]> 2023-07-03 18:13:41 UTC https://padlet.com/mmounib/boa0t9inzvyqtor9/wish/2637328078 Slide #13 Bulleted List of Recommendations / Best Practices for Compliance: mmounib https://padlet.com/mmounib/boa0t9inzvyqtor9/wish/2637352953 Summary:

UTMs oversee how Air Force training is conducted. Their function enables them to keep all Air Force work centers appraised of the latest changes in training. UTMs verify the completion of the yearly ethical conduct training by all squadron members. UTMs encounter particular ethical issues in regard to test compromise, unlawful disclosure of training materials, and false statements in training reports. UTMs almost always work alone and should be particularly cautious in maintaining the confidentiality of sensitive Air Force training information. A UTM's function has legal ramifications with Constitutional Law, the Uniformed Code of Military Justice, the Department of Defense Instruction 1322.35 Volume 1 Military Education Program Management Administration as well as court decisions on the federal and state level. Although Career Field Education and Training Plans (CFETPs) include how on-the-job training (OJT) stems in part from the ethical principles of Airman Foundational Competencies, these ethical principles are rarely mentioned in actual OJT. Finally, The upcoming change in the Air Force education proficiency assessment from an individual to a group approach announces possible new ethical and legal issues in the education and training career field.

Recommendations:

- Although ancillary training for online operational security and ethical conduct is already a requirement, a training module covering the ethical and operational risks of remote work should be a prerequisite before any DoD employee is able to work outside their office setting.

- Maintain control of training documentation by having manuals that are serialized, criminalize the reproduction of training materials, and have Airmen who are leaving the Air Force turn in their copies of the training material.

- Commission a legal primer from the JAGC to further inform UTMs on the laws and court decisions that affect military education and training.

- Research the existing legal and ethical considerations of joint military operations (Department of Defense Joint Publication, 2016) in preparation for the shift in Air Force education and training from the assessment of individuals to a more collaborative process.

- Inform work center supervisors of the resources accessible on the Air Force Learning Profesional portal as well as their application to on-the-job training and ethical conduct for trainers and task certifiers.

- Ensure that career development testing includes the relationship between OJT competencies and Air Force ethical principles, including the latter more explicitly in OJT.

Department of Defense Joint Publication. (2016). Legal Support to Military Operations. https://www.jcs.mil/Portals/36/Documents/Doctrine/pubs/jp1_04.pdf]]> 2023-07-03 19:40:59 UTC https://padlet.com/mmounib/boa0t9inzvyqtor9/wish/2637352953