Records of treatment committee meetings for SSgt Watson, G-11 That Capt knew That an individual reasonably Maj Doright (Section CC) F-6 or reasonably should should have known of duties Capt Defoe (subject), F-7 have known of the may be demonstrated by assigned duty; and regulations, manuals, customs, academic literature or testimony of persons who have held similar or related position or similar evidence. That between is defined as a Ms Franzen (complainant) F-1 “Dereliction” November 2007 to failure in duty, a shortcoming, SSgt Watson , F-3 September 2008 Capt or delinquency. PRP documentation, G-8 Defoe was derelict in means an act or Security clearance related “Negligently” the performance of failure to act by a person under a documents, G-9 that duty, by failing duty to use due care which Court-martial documents, G-10 (negligently) to take demonstrates a lack of care for Capt Hands (Flight Surgeon), corrective action the safety of others which a F-4 (including a protective reasonably prudent person Capt Defoe (subject), F-7 order for Mrs. would have used under the same OSI report, G-6 Franzen) when he had or similar circumstances. reason to suspect SSgt inefficient means “Culpably ” Watson was using inefficiency for which there is alcohol while he was no reasonable or just excuse. It participating in the means a reckless, gross, or Other AFB Alcohol deliberate disregard for the Substance Abuse foreseeable results of a Program particular act or failure to act. Attachment 9 LEGAL REVIEW OF CDI CASE FILE (provided for JA use only) XX Month 200X MEMORANDUM FOR APPOINTING AUTHORITY FROM: (Unit)/JA SUBJECT: Legal Review of CDI Concerning Allegations of (Maltreatment, Dereliction of Duty, etc. -- choose a term that summarize(s) the allegation(s)) 1. We have reviewed the above referenced commander-directed investigation (CDI) report of investigation (ROI) and case file and find it to be legally sufficient. (If not legally sufficient, briefly The case may be forwarded to the appointing authority for final action. state why) BACKGROUND: Explain here the parties, allegations and IO’s conclusions as well as all the relevant facts of the case.
Records of treatment committee meetings for SSgt Watson, G-11 That Capt knew or reasonably should have known of the assigned duty; and That an individual reasonably should have known of duties may be demonstrated by regulations, manuals, customs, academic literature or testimony of persons who have held similar or related position or similar evidence. Maj Doright (Section CC) F-6 Capt Defoe (subject), F-7 That between November 2007 to September 2008 Capt Defoe was derelict in the performance of that duty, by failing (negligently) to take corrective action (including a protective order for Mrs. Franzen) when he had reason to suspect SSgt Watson was using alcohol while he was participating in the Other AFB Alcohol Substance Abuse Program “Dereliction” is defined as a failure in duty, a shortcoming, or delinquency. “Negligently” means an act or failure to act by a person under a duty to use due care which demonstrates a lack of care for the safety of others which a reasonably prudent person would have used under the same or similar circumstances. “Culpably inefficient ” means inefficiency for which there is no reasonable or just excuse. It means a reckless, gross, or deliberate disregard for the foreseeable results of a particular act or failure to act. Ms Franzen (complainant) F-1 SSgt Watson , F-3 PRP documentation, G-8 Security clearance related documents, G-9 Court-martial documents, G-10 Capt Hands (Flight Surgeon), F-4 Capt Defoe (subject), F-7 OSI report, G-6 Attachment 9 LEGAL REVIEW OF CDI CASE FILE (provided for JA use only) XX Month 200X MEMORANDUM FOR APPOINTING AUTHORITY FROM: (Unit)/JA SUBJECT: Legal Review of CDI Concerning Allegations of (Maltreatment, Dereliction of Duty, etc. -- choose a term that summarize(s) the allegation(s)) 1. We have reviewed the above referenced commander-directed investigation (CDI) report of investigation (ROI) and case file and find it to be legally sufficient. (If not legally sufficient, briefly state why) The case may be forwarded to the appointing authority for final action. BACKGROUND: Explain here the parties, allegations and IO’s conclusions as well as all the relevant facts of the case.
CDI_Guide_20100426%5B1%5D(1).docx