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Part I An Overview of Duties
1.1 Purpose
The purpose of the Judge Advocate General program is to correct poor behavior among cadets, and to set forth an example by rewarding cadets exhibiting good behavior. All Cadet Flight Sergeants are JAG Specialists. JAG Specialists are therefore expected to present an example of the highest standard for other cadets to follow. A JAG specialist¡¦s duty is comprised of monitoring and administering 341¡¦s when necessary. The specialists should be fair in all matters, and must follow correct procedures at all times.
1.2 Suspension and replacement
The JAG specialist position will operate on a Three Strike System, meaning that when a JAG specialist has received 3 or more negative 341s that specialist may no longer hold their position as a JAG specialist.
Suspension includes not being permitted to carry out the duties of a JAG specialist for a period of three weeks, unless otherwise noted by the JAG/CC and JAG/VC. Specialists may be suspended and temporarily replaced under the following conditions:
„± Failing up to two classes: By the end of the next six weeks, the cadet must show passing grades in all classes. If the cadet does not obtain a failing progress report during the pending six weeks period, the cadet¡¦s position as a JAG specialist may be restored.
„± Missing a uniform
„± Missing a JAG meeting without notifying the JAG/CC or JAG/VC at least 48 hours before the meeting.
Specialists may also be permanently replaced under the following conditions:
„± Receiving a negative LOC or LOR
„± Failing three or more classes during one six weeks period.
„± Failing one or more classes for two six weeks in the semester.
„± Missing the UOD twice.
1.3 JAG Awards
At the end of the year Awards Banquet Ceremony, JAG specialists that have shown exemplary service to the corps and the JAG position will be awarded with a JAG medal. JAG specialists must meet the following criteria in order to obtain their JAG medal:
„± Have at least one positive 341
„± Attendance to at least 75% of all JAG meetings
„± Participated in a special team
„± Obtained at least 50 service hours in one school year
„± Never have been suspended
At the end of the year Awards Banquet, the cadet (selected from the entire corps) who has received the most positive 341s for the year will receive a special award.
Part II 341s
2.1 Negative 341s
A negative 341 is documentation of counseling to correct poor behavior or failure to comply with corps standards. Negative 341 may be issued in the following circumstances:
„± Insubordination: Disobeying an officer
„± Horseplay in the corps room and surrounding areas, or at a corps event
„± Public Display of Affection (PDA): Any physical contact between two people. PDA at anytime while in uniform, the ROTC room, the immediate hallway, outside in front of the Corps room, or while at an ROTC sponsored meeting or event is unacceptable. PDA is not allowed in the before mentioned areas when in civilian attire.
„± Disrespect to peers or adults
„± Exceptionally improper wear of the uniform: Not wearing the UOD, changing out of the uniform before the school day is over, un-tucked shirt, etc¡K
„± Sexual Harassment: Unwanted display of affection
„± Missed Flag Detail
„± Tardy to class
„± Disrespectful attitude toward the corps
„± Failure to meet sign-up commitment: If a cadet signs up to attend a corps function, and does not notify the POC at least 48 hours before the project that they will not attend.
„± Foul language
„± Failure to comply with the dress code
„± Failure to meet monetary obligations by deadline
After a negative 341 is issued, the flight sergeant of the cadet who has been issued the 341 is in charge of monitoring its progress. This JAG specialist must take the following steps to ensure a fair process:
1. Contact the cadet who has been issued the 341, the cadet who issued the 341, and the person who counseled the cadet.
2. Obtain confirmation from the cadet in question and the person who counseled the cadet that counseling has occurred for that particular matter.
3. Obtain confirmation from the cadet who issued the 341 that they did issue the 341.
4. The JAG specialist signs the 341, and turns it in to the JAG/CC.
5. The JAG specialist may add any comments concerning the issue on the back of the 341.
The cadet who issues the 341 should sign the 341 at the moment it is issued. The cadet who has been issued the 341 should only sign the 341 after they have been counseled. If someone other than the cadet who issued the 341 counseled the cadet in question, the counselor must sign the 341 as well (after counseling has taken place).
As a method of instilling and promoting personal discipline, the JAG specialist may assign a number of physical exercises to the cadet who made the infraction, as long as the JAG specialist participates in the physical activity with the other cadet.
2.2 Positive 341s
JAG specialists are also encouraged to award positive 341 as a method of promoting good behavior among cadets. Positive 341¡¦s may be awarded for the following reasons:
„± Last-minute fill-in for competition, color guard, etc¡K
„± Taking the initiative to perform any task, which may benefit the corps
„± Cleaning the corps room without being told
„± Recruiting a cadet to a special team (excluding commanders and NCOs)
„± Random acts of kindness
„± Attending a non-mandatory meeting
Part III Letters of Counseling and Letters of Reprimand
3.1 Letters of Counseling
Just as 341s, Letters of Counseling may be positive or negative. A negative LOC is issued after 3 or more negative 341s have been issued for the same offense. A positive LOC may be issued for cadets that have received 3 or more positive 341s or any action deemed outstanding by the JAG/CC and JAG/VC, and should be awarded to cadets that are seen as outstanding role models for other cadets to follow. After a cadet is issued an LOC, the LOC will be forwarded to the Cadet¡¦s parents.
3.2 Letters of Reprimand
A Letter of Reprimand is issued to document continuous inappropriate behavior. It is issued after a Letter of Counseling. A copy of the LOR is forwarded to the cadet¡¦s parents and goes into their permanent records.
Part IV Article 15s
An Article 15 is issued to a cadet who has continuously failed to maintain standards in accordance with the JROTC handbook. Along with the Article 15, the cadet is removed from the JROTC program in accordance with the instructor and principle¡¦s approval. A copy is sent to the parents and the student¡¦s permanent records.
Part V Appeals Board
5.1 Members of the Board
The board members will consist of the JAG/CC, JAG/VC, and one JAG specialist of the JAG/CC's choice. The specialist should be alternated throughout the year for different appeal boards. The SASI or the ASI must be at the appeal board as well.
JAG/CC: Receives statements from parties, helps make suggestions for the final decision, will read final decision, serves as the commanding officer of the board.
JAG/VC: Will take all notes, and helps make suggestions for the final decision.
JAG specialist: Will observe procedures/techniques, helps make suggestions for the final decision.
Instructors: Take suggestions into consideration, makes final decision, either punishment stands, or another punishment is proposed, or appeal goes through and "accusations" are dropped.
Appeal Board: Will decide punishment if further action is needed; approved by instructors.
5.2 Rules for the Appeal Board
Letters of Reprimand and Article 15s may be appealed within 15 days of issue. The appeal must be in writing. A parent/guardian must attend the appeals board. The final decision of the appeals board may not be contested, and the cadet must follow the instructions issued by the board.
Both parties must turn into the board a typed argument. It is discouraged that either party presents any new arguments before the board on the appeal board date. This will prepare the board, and not allow for any "last minute evidence" to be thrown in.
Failure of the appealing party to submit their typed argument before the appeal board date will signify that the appealing party declines their appeal, and no appeal board will take place. Failure of the accusing party to submit their arguments before the appeal board date will result in their dismissal from the appeals board; no further arguments will be considered from the accusing party.
In the event that the appealing party does not appear before the board, then he or she is showing that they decline their appeal. Should the accusing party not appear before the board, the appeal board will continue.
The two parties will not argue with one another during the appeal board. Each will be given their chance to present their case. Outbursts will not be tolerated. If the party appealing makes the outburst, then the appeal board will be stopped, and the accusation will stand. If the accusing party makes the outburst, they will be dismissed from the appeal board, and no remarks other than their typed argument will be considered in the appeal board process.
5.3 Procedures before the Board
Procedures (Option 1)
Everyone on the board will be briefed of the situation in a private meeting before the appeal board begins. The appealing party will be called in. They will report in to the board, and take their seat when instructed by the JAG/CC. The JAG/VC will read out the appeal board rules. The appealing party will then be asked to present their arguments. They will be asked to leave the room to allow the Appeal Board to consider the information presented.
A formal briefing of the party's statement will be written out. The appealing parties will be asked back in to the appeals board. They will not report in again, but will stand at their table, and take their seat when asked to by the JAG/CC. The JAG/VC will read the formal briefing back to the appealing party to ensure that their statement was interpreted correctly.
The accusing party will be called to the board, and will report in. The will be seated when instructed to by the JAG/CC. The JAG/VC will again read out the rules. The second party will then be asked to present their arguments. After they finish, both parties will be asked to step outside the room.
The Appeal Board and instructors will discuss the statements made and make a final decision. After the decision is made, the parties will be asked back in and the decision will be read out by the JAG/CC. All decisions are final, and may not be argued.
Procedures (Option 2)
Both parties will enter one at a time, report in, and take their seats when instructed by the JAG/CC. The JAG/VC will then read out the rules to both parties. The party making the appeal will be asked to present their arguments to the appeal board. Then the accusing party will be asked to present their arguments. The appealing party will then be given a chance to make the board aware of any new evidence or false information presented by the appealing party to the board.
Both parties will then be asked to leave while the Appeal Board goes over the arguments stated. They will make the final decision with the instructors. Both parties will be called back into the appeals board. They will not report in again, but will stand at their table, and take their seat when asked to by the JAG/CC. The final decision will be read. All decisions are final, and may not be argued.
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