Appendix — Department of Air Force v. Rose

Supreme Court brief1976

Ask Donna

What actually matters in this document.

Text

APPENDIX

Iu the Supreme Court of the United States

OCTOBER TERM, 1974

No. 74-489

DEPARTMENT OF THE AIR FORCE, ET AL.,

Petitioners

— |

MICHAEL T. ROSE, ET AL.

ON PIERIONSOLA WRIT OF CERTIORARI TO THE

UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

PETITION FOR A WRIT OF CERTIORARI FILED ON

OCTOBER 25, 1974

CERTIORARI GRANTED FEBRUARY 18, 1975

a ex,

In the Supreme Court of the United States

OCTOBER TERM, 1974

No. 74-489

DEPARTMENT OF THE AIR FORCE, ET AL.,

Petitioners

—_—vV Y preemeeed

MiCHAEL T. ROSE, ET AL.

ON PETITION FOR A WRIT OF CERTIORARI TO THE

UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

INDEX

Page

SS -+((F 1

EE

September 29, 1969 memorandum regarding graduate

resignations (Exhibit A) -..............2.....:ccccccccesceeeeseeeeeees 8

October 15, 1971 letter from Major Charles E. Hart to

Lieutenant Rose (Exhibit B) ........................................ 13

January 6, 1972 letter from Brigadier General Galligan

to Lieutenant Rose (Exhibit C) ..................................... 15

October 29, 1971 letter from Captain Metcalf to Lieu-

i“ SS > 16

November 29, 1971 letter to Secretary of the Air Force

from Messrs. Rose and Pedowitz (Exhibit E) ............. 17

February 14, 1972 letter from Thomas Nelson to Messrs.

Rose and Pedowitz (Exhibit F)...................................... 21

HE _..-ncrcissnsstenntnnnnncsntatttetineiteseesmemgiimmminentines 23

Affidavit of Assistant United States Attorney William R.

Bronner dated September 25, 1972 ...0.0.0..............cccccceceeesseeee 27

Index to Exhibits and Attachments ...............................--0.-- 31

ii INDEX

Excerpts from Air Force Academy Regulations on appoint-

SS GR GIIITTIOII ..ceceeeececcccnccescscesnnsccnsssnsenscssenscsscsecosusnes

Honor Reference Handbook of the Air Force Cadet Wing ......

Air Force Cadet Wing Ethics Manual ...... cceeniiteaiabananeeniiaiiauaD

Honor Operating Instructions ...........................-csssesssesssesseeees

Investigation of alleged violation of the Honor Code ........

Procedures for honor hearing (with attachments) .........

Procedures for cadets found guilty .............0.0.0..0..00.0....

SY TIE ..cccemsinbnssnnemssbielnibuniadenisinnniatitemuaquninseniaienensente

ey Cy ND FI ceececeersrseesniasesmncccosiconinsmnemmnensenssens

Distribution—Honor Code reading file .............................

United States Air Force Academy honor review com-

TTIIIIED cniccscsisestanncsetsnatatetpelibintetedetaisgesmbumiaseennenmnaieisetiessasanennn

February 3, 1972 letter from Colonel Ragen, Director of

Information, to Lieutenant Rose 22000. ..............0.cccccceeceeeseeee-

December 14, 1971 letter from the Judge Advocate General to

I TR AT a CETL NT NT ERO CE

January 27, 1972 letter from Lieutenant Rose to Director of

Information, United States Air Force Academy ................

Affidavit of Frederick L. Metcalf dated May 26, 1972 ............

August 21, 1971 letter from Lieutenant Rose to Captain

STITT « socsicseminnctenaecstacittacamaeainepinalnpsnaisbasennineeeeeusiaeetenesennnte

September 5, 1971 letter from Lieutenant Rose to Cap-

II TI <x nsccnsisitiieeanetneadteeanbenebdemdlainddmnnaecintttaipanenabannintes

September 28, 1971 letter from Captain Metcalf to Lieu-

EE GEEIED consmsepcseseerezensemnsscnnensiegprenineenasenersemanssemneese

BITEIITEE | snnsincnnntesesescnnnvosrorencndadsiitnnensdinisiteindantuticaniaiipiasnnmereneees

IE GD ceerentccneecccncesteveaseenressmavemmnmmsnemmismarseenescenint

EE GENIE erernsececnsnsesssconnssnanecngeqpecienematenemnmastamananenntentnes

SIE THIET secncsecessanessernsuostientpesenapnenibiantbabinjabaitimennentionamiens

Re ee

INDEX

Affidavit of Major Richard R. Lee dated May 26, 1972 ..........

Affidavit of Colonel Marcos E. Kinevan dated September 15,

RE ene

August 21, 1971 letter from Lieutenant Rose to Colonel

a AE ITN

August 30, 1971 letter from Colonel Kinevan to Lieuten-

I os ateemeetetnetimimeminaenes

September 23, 1971 letter from Lieutenant Rose to Colo-

EE TINIE «11s cnnaserereessntesecntenininmnenenememeummeemanseenenntenie

Affidavit of 2nd Lieutenant Ronald E. Wallace dated Septem-

ney 7, TT oc sednhatedthamiabnbieleaddieepiammmmmamumnatans

Affidavit of Cadet First Class Rodney W. Wickers dated June

TEL TTI s:secsnccciacn taeda engeunaemenmniemtaasreseteesnennenstatinaiuatieniantttte

ee en

Th, TEI sxicosannnuorccceusenvnenibenssqneeneseneesnesonsncnseel SRI BROT

Affidavit of Michael T. Rose dated October 18, 1972.................

Order of Honorable Lloyd F. MacMahon United States Dis-

trict Judge, filed January 5, 1973 ....................:cceeeceseeeceeeeeees

January 7, 1974 letter to United States Court of Appeals for

Second Circuit from Barrington D. Parker, Jr., attorney

BP CID cncesccsnssesescensenssnnnssevssnnsnmnssevsenminnsnnnes senseenesnsincenaanete

January 11, 1974 letter to United States Court of Appeals

for Second Circuit from Messrs. Leonard Schaitman and

Donald Etra, attorneys for appellees .......... sia: (aaisiiuedianeninnaide

White House press release dated November 10, 1972 ................

Transcript of press conference on honor violations, January,

are EISELE AD NASER RR ENO Pe RO eT ar OD

Newspaper clippings from January, 1972 relating to investi-

gation of honor code violations —........................c..ccceseee cence

Order Allowing Certiorari .................... . NR eR aM ae Aen yma

_ Cn & ee ee

1

RELEVANT DOCKET ENTRIES

Date Proceeding

April 19, 1972 Complaint Filed

June 30, 1972 Answer Filed

September 28,1972 Defendants Notice of Motion for Sum-

mary Judgment and Supporting Docu-

ments

October 18, 1972 Plaintiffs Notice of Motion for Sum-

mary Judgment and Supporting Docu-

ments

December 18,1972 | Memorandum Opinion of Judge Mac-

Mahon Granting in Part and Denying

in Part Cross Motions for Summary

Judgment

January 5, 1973 Order of Judge MacMahon Granting in

Part and Denying in Part Cross Mo-

tions for Summary Judgment

January 10, 1973 Notice of Entry Filed

January 18, 1973 Notice of Appeal Filed

March 29, 1974 Opinion and Judgment rendered by

Court of Appeals for the Second Circuit

May 1, 1974 Appellees’ Petition for Rehearing filed

May 29, 1974 Petition for Rehearing denied

June 5, 1974 Appellees’ Motion for Stay of Mandate

June 18, 1974 Motion for Stay of Mandate granted

2

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

72 Civ. 1605

MICHAEL T. Rose, CHARLES P. DIAMOND, EDITOR-IN-

CuieF, NEw YORK UNIVERSITY LAW REVIEW, LAwW-

RENCE B. PEDOWITZ, FORMER EDITOR-IN-CHIEF, NEW

YorK UNIVERSITY LAW REVIEW, PLAINTIFFS

—against—

DEPARTMENT OF THE AIR FORCE, ROBERT C. SEAMENS,

JR., SECRETARY OF THE AIR FORCE, LIEUTENANT GEN-

ERAL ALBERT P. CLARK, USAF, SUPERINTENDENT OF

THE UNITED STATES AIR FORCE ACADEMY, BRIGADIER

GENERAL WALTER T. GALLIGAN, USAF, COMMANDANT

OF CADETS, UNITED STATES AIR FORCE ACADEMY,

MAsJor CHARLES E. HART, USAF, DEFENDANTS

COMPLAINT

Plaintiffs Michael T. Rose, Charles P. Diamond and

Lawrence B. Pedowitz, by their attorney Philip L. Gra-

ham, Jr. for their Complaint allege:

1. This is an action under the public information

section of the Administrative Procedure Act, 5 U.S.C.

§ 522, et seg., (the Freedom of Information Act of 1966)

and the First Amendment to the Constitution. Plaintiffs

seek an order and judgment of this Court enjoining

defendants from withholding and requiring them to pro-

duce three items of information, two pertaining to dis-

ciplinary systems and procedures at the United States

Air Force Academy (the “Academy’”) and a third per-

taining to a study of resignations by Academy graduates

from the United States Air Force.

2. The items of information sought in this action

are (i) case summaries of honor hearings maintained

in the Academy’s Honor Code Reading Files, with per-

sonal references or other identifying information de-

A ier

3

leted, (ii) case summaries of ethics hearings maintained

in the Academy’s Ethics Code Reading Files, with per-

sonal references or other identifying information de-

leted, and (iii) a complete copy of a study of resigna-

tions from the Air Force by Academy graduates per-

formed by the Academy’s Alumni Secretary and com-

pleted, on information and belief, in May, 1969.

The Plaintiffs

3. Michael T. Rose, a Second Year student at New

York University Law School, is an editor of the New

York University Law Review, a graduat * the United

States Air Force Academy and a First +u..nant in the

United States Air Force.

4. Charles P. Diamond, a Second Year student at

New York University Law School, is Editor-in-Chief

of the New York University Law Review, and has oc-

cupied that position since March, 1972. He brings this

action not in his individual capacity but on behalf of

the New York University Law Review.

5. Lawrence B. Pedowitz, a Third Year student at

New York University Law School, was the Editor-in-

Chief of the New York University Law Review from

March, 1971 to March, 1972. He brings this action not

in his individual capacity but on behalf of the New

York University Law Review.

6. Michael T. Rose, other members of the New York

University Law Review, and other students at New

York University Law School are contributing to the

Law Review’s study of disciplinary systems and pro-

cedures at the service academies. The information sought

in this action is germane to that research, the results

of which the Law Review intends to publish.

The Defendants

7. Defendant Robert C. Seamens, Jr., sued herein

in his official capacity, is the Secretary of the Air Force,

having his official office in Washington, D.C. Pursuant

to 10 U.S.C. §8012 (1970), defendant Seamens is

4

vested with the responsibility for, and the authority

necessary to conduct, all affairs of the Department of

the Air Force.

8. Defendant Lieutenant General Albert P. Clark,

USAF, is the Superintendent of the United States Air

Force Academy. Pursuant to 10 U.S.C. § 9334 (1970),

defendant Clark is the commanding officer of the

Academy, and is vested with general supervisory re-

sponsibility for Academy affairs.

9. Defendant Brigadier General Walter T. Galligan,

USAF, is Commandant of Cadets, United States Air

Force Academy.

10. Defendant Major Charles E. Hart, USAF, a mem-

ber of the staff of the Academy, has, on information and

belief, supervisory authority over its Honor and Ethics

Committee. F . ‘

11. Jurisdiction is conferred on this Court by 5 U.S.C.

§ 552(a) (3).

12. The venue of this action is based upon 5 U.S.C.

§ 552(a)(3) and lies within this District by virtue of

plaintiffs’ residence herein.

13. Pursuant to applicable Department of the Air

Force Rules and the Freedom of Information Act of

1966, plaintiff Rose requested copies of Honor Code

ease files in September, 1971, copies of Ethics Code case

files in December, 1971 and a copy of the Academy’s

study of graduate resignations in October, 1971.

14. The study of graduate resignations was requested

after receipt by plaintiff Rose of a letter dated Sep-

tember 29, 1969 from Captain Frederick L. Metcalf,

USAF, the Academy Alumni Secretary, informing plain-

tiff Rose that the study would be made available to him

on request. (A copy of that letter is annexed hereto

as Exhibit “A”.)

15. By letter dated October 15, 1971, defendant Charles

E. Hart denied plaintiff Rose’s request for access to

the Academy’s honor case files. (A copy of that letter

is annexed hereto as Exhibit “B”.)

16. By letter dated January 6, 1972, defendant Gal-

ligan denied plaintiff Rose’s request for access to the

Academy’s ethics case files. (A copy of that letter is

annexed hereto as Exhibit “C”.)

17. By letter dated October 29, 1971, Captain Fred-

erick L. Metcalf, USAF denied plaintiff Rose’s request

for a complete copy of the Academy’s study of graduate

resignations. Captain Metcalf forwarded copies of the

study with statistical and other information deleted.

(A copy of that letter is annexed hereto as Exhibit

“T)’’.)

18. On November 29, 1971 Plaintiffs Pedowitz and

Rose appealed to the Department of the Air Force the

denial of the honor case files and the complete study

of Academy graduate resignations. (A copy of the letter

appealing the decision to deny these two items of in-

formation is annexed hereto as Exhibit “E”.) On or

about January 15, 1972, plaintiff Rose appealed to the

Department of the Air Force the denial of the ethics

case files.

19. By letter dated February 14, 1972 Thomas W.

Nelson, Administrative Assistant to the Secretary of

the Air Force, notified plaintiffs Rose and Pedowitz that

their appeal had been denied. (A copy of that letter is

annexed hereto as Exhibit “F”.) The grounds stated

for the denial were that the summaries of honor and

ethics hearings were exempt from disclosure under Air

Force Regulation 12-30, 4f and 4g(1)(6) and 5 U.S.C.

§ 552(b) (6) and that the study of Academy graduate

resignations was exempt under Air Force Regulation

12-30, 4e and 5 U.S.C. § 552(b) (5), (6).

20. Plaintiffs have exhausted administrative remedies

by which they could have obtained the information re-

ferred to in paragraph 2 and sought in this action.

21. The public information section of the Administra-

tive Procedure Act, 5 U.S.C. § 552(a) (3), provides that

in any legal action brought pursuant thereto “the burden

is on the agency to sustain its action” in refusing

disclosure. The statute also provides that such pro-

ceedings “take precedence on the docket over all other

causes and shall be assigned for hearing and trial at the

earliest practicable date and expedited in every way.”

6

22. Plaintiffs have a right, pursuant to 5 U.S.C.

§ 552(a) (3), to inspect and copy the information re-

ferred to in paragrah 2, and defendants are improperly

withholding the information sought in this action con- ..

trary to the terms, intent and policy of the Freedom of

Information Act of 1966 and the First Amendment to

the United States Constitution. Defendants’ withholding

the information sought herein has jeopardized the in-

tegrity of plaintiffs’ proposed research article and has

effectively abridged its publication.

WHEREFORE, plaintiffs demand judgment:

(i) enjoining defendants from withholding the infor-

mation referred to in paragraph 2;

(ii) ordering defendants to make promptly available

to plaintiffs for inspection and copying all of said in-

formation;

(iii) directing that this cause receive the expedited

treatment contemplated by statute; and

(iv) for such other and further relief as this Court

deems just and proper.

6

7

Dated: New York, New York

April 18, 1972

/s/ Philip L. Graham, Jr.

PHILIP L. GRAHAM, JR.

BARRINGTON D. PARKER, JR.

48 Wall Street

New York, New York 10005

HA 2-8100

JOHN H. F. SHATTUCK

AMERICAL CIVIL LIBERTIES FOUNDATION

156 Fifth Avenue

New York, New York 10010

675-5990

Attorneys for Plaintiffs

MELVIN L. WULF

SANFORD J. ROSEN

AMERICAN CIVIL LIBERTIES FOUNDATION

156 Fifth Avenue

New York, New York 10010

Of Counsel

8

EXHIBIT A

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS UNITED STATES AIR FORCE ACADEMY

USAF Academy, Colorado 80840

[SEAL }

29 Sep 1969

REPLY TO

ATTN OF: CSAG (472-2067)

SUBJECT: Graduate Resignations

TO: All Graduates

1. In this first official Alumni newsletter for 1969, I

want to inform you of the current status of graduate

resignations and of why graduates are departing the Air

Force. You will note in the enclosed letter that the

Superintendent is very much concerned about graduate

resignations. In my official position as Alumni Secre-

tary, I have been deeply involved in the search for an-

swers that would explain why graduates feel that they

can no longer satisfy their career aspirations in the Air

Force, and, therefore, submit their resignation papers.

In December, 1968, I sent a detailed questionnaire to all

graduates who, at that time, had an established date of

separation from the Air Force. The results were pub-

lished in May, 1969. The results of a follow-on study

initiated in July, 1969 will be available in early October,

1969. In the subsequent paragraphs, I will discuss only

the results of the survey completed in May.

2. Generally, graduates feel that the personal frustra-

tions experienced in the Air Force present a stronger mo-

tivation for resignation than do the perceived benefits

of civilian life. In other words, graduates feel that they

are being “forced out” of the Air Force by disagreeable

policies, programs, conditions, etc., rather than being at-

tracted out by improved job opportunities, better family

life, ete., of civilian life. The factors influencing gradu-

ee ce le

ates to resign are listed in their order of significance

in Table 1 below.

No voice in future assignments

No sense of accomplishment

Lack of integrity in the Air Force

Transient life in the military

Extensive TDY

No graduate school opportunity within reasonable

period of time

Lack of quality leadership in the Air Force*

Personality not suited for military life

Promotion system

No challenge to junior officers

Alert duty

Low pay

TABLE 1

8. The most significant factor influencing a graduate’s

decision to resign is no voice in future assignments.

Captain George H. Hines reached the same conclusion in

his 1966-67 survey. Many graduates feel utterly trapped

in their career progression. They can see no way, after

several attempts, in which to extricate themselves from

an undesirable assignment; or, they cannot obtain a more

desirable assignment that is in line with their career

goals; or, they do not understand the rationale behind

inconsistent personnel policies that result in assignments

they neither asked for on volunteer statements or on

career preference statements nor would expect given past

personnel policy. The very disturbing factor of a lack

of integrity in the Air Force is the third most significant,

ranking ahead of such commonly accepted factors as

extensive TDY and the transient life of the military.

Generally, those graduates who indicated lack of in-

tegrity to be the most significant factor could not recon-

* Factor which graduates wrote-in under an “other” category

listed in the questionnaire.

—

10

cile their concept of integrity as embraced and practiced

for their four years at the Academy with the pragmatic

acceptance and toleration of degrees of dishonesty that

they have found in the Air Force. Several graduates

mentioned the “accusations” by their immediate com-

manders that they were too idealistic with regard to

personal integrity.

4. The most significant feature of civilian life that at-

tracts graduates out of the Air Force, or which a gradu-

ate could think of as being most attractive, was that of a

more rewarding and satisfying job. This factor ties in

closely with the top two factors influencing graduates to

leave the Air Force. The features of civilian life which

graduates considered to he most attractive are shown in

Table 2 below in their order of significance.

More rewarding and satisfying work

More stable family life

Freedom from day-to-day restrictions of military life

Higher pay

More rapid advancement on the job

Better chance of entering desired career field*

TABLE 2

The second most attractive feature of civilian life, a

more stable family life, allies closely with two factors of

transient life in the military and extensive TDY, which

rank as the number 4 and 5 factors, respectively, influenc-

ing graduates to leave the Air Force. The majority of

graduates at all ratings—non-rated, pilot, and navigator

—showed the factor of more rewarding and satisfying

work as being the most attractive aspect of civilian life.

5. The above discussion is only a short summary of the

study that was published in May, 1969. If you wish a

* Factor which graduates wrote-in under an “other” category

listed in the questionnaire.

—

eee te

11

copy of the complete survey, merely drop us a line and

we'll send one along. If you have any personal com-

ments on the subject of graduate resignations, I would

be very pleased to receive them. I would be particularly

interested in your thoughts concerning actions Hq USAF

can initiate that would directly address the major irri-

tants of a career in the Air Force.

/s/ Frederick L. Metcalf

FREDERICK L. METCALF, Capt, USAF

Alumni Secretary

1 Atch

Status of USAFA Graduates

USAFA GRADUATE ATTRITION

As of 30 June 1969

(As of 11 Sep 69)

MIA

Captured

Non-

Rated

Navigators

Other Pilots

Losses Resign Sep/Ret Death Reasons FSC-1 FSC-2 FSC-1 FSC-2

Med.

Vol.

Total

Class

1959

1960

1961

1962

1963

1964

1965

1966

1967

1968

11

43

41

59

76

82

52

11

11

17

12

15

69

74

18

105

44

10

26

14

17

21

10

39 17

110

515

Total

13

EXHIBIT B

DEPARTMENT OF THE AIR FORCE

THE AIR FORCE CADET WING

USAF Academy, Colorado 80840

[SEAL ]

15 October 1971

Lieutenant Michael T. Rose

Box 4J

33 Washington Square West

New York, NY 10011

Dear Lieutenant Rose

I regret that Academy policy requires denial of public

access to honor case files, including the selected ones in

the Honor Code Reading File. All of these cases are docu-

mented as “For Official Use Only” and are disseminated

for internal use only to the Honor Representatives and

those few staff personnel who have a continuing need to

understand the workings of the Cadet Honor Code. It

would be in poor faith with all cadets who have met

honor hearings to allow their cases to come into the

public eye. To permit the use of honor cases for such

purpose would tend to set a precedent that may operate

to the detriment of innocent persons.

To be accused or found guilty of an honor violation is an

emotionally trying experience that should, in due respect

for the rights of the individual concerned, be as limited

as possible. Society in general does not understand the

difference in the lying, cheating and stealing that consti-

tutes a Cadet Honor violation as opposed to the degree

of criminality required in society at large to cause an

equally serious type of censor. The problems of such mis-

understanding and the unnecessary embarrassment that

could result seems to exceed the value to be gained from

making the case files available to the public.

14

I hope that you will understand the reasons for the

Academy’s policy and that some method will occur to you

to permit continuation of your research without the aid

of specific Air Force Academy Honor Cases.

Sincerely

/s/ Charles E. Hart

CHARLES E. HART, Major, USAF

Executive, Honor and Ethics

15

EXHIBIT C

DEPARTMENT OF THE AIR FORCE

THE AIR FORCE CADET WING

USAF Academy, Colorado 80840

[SEAL]

6 January 1972

lst Lt Michael T. Rose, USAF

Box 4J

33 Washington Square West

New York, NY 10011

Dear Lt Rose

The Air Force Academy will be unable to provide you

sample ethics cases. The sample ethics cases used in the

Honor Code Reading File are designated “For Official

Use Only”. It is intended that these cases will be used

for the edification of the Cadet Wing and Academy staff

only. Indiscriminate release of this information to per-

sons without a need to know could be counter to the best

interests of the individuals concerned and the Air Force

Academy.

Sincerely

/s/ W. T. Galligan

WALTER T. GALLIGAN, Brig General, USAF

Commandant of Cadets

16

EXHIBIT D

ASSOCIATION OF GRADUATES

UNITED STATES AIR FORCE ACADEMY

Colorado 80840 303 472-2067

[SEAL]

29 October 1971

Lt Michael T Rose

Box 4J

33 Washington Square West

New York NY 10011

Dear Mike:

As you requested in your letter of 4 October I am for-

warding to you copies of the two 1969 resignation studies.

Due primarily to guidance from the Superintendent I

have had to delete from the report the statistical part

and the part containing the quoted graduate comments.

I hope that the abbreviated form of the report will still

be of use to you.

With regard to your question about studies on why ca-

dets leave the Academy, I would suggest that you write to

the Director of Cadet Personnel and Administration

(CWP).

Sincerely,

/s/ Frederick L. Metcalf

FREDERICK L. METCALF

Capt, USAF

Executive Secretary

2 Atch

As Stated

ae

17

EXHIBIT E

29 November 1971

Secretary of the Air Force

Hq. USAF (AFJAL)

Washington, D.C. 20330

Dear Sir:

A member of the New York University Law Review

is writing a law Note on “The Disciplinary Systems of

Service Academies.” In researching the Note that in-

dividual has requested, on behalf of the Review, two

items of information from the Air Force Academy,

which have been denied. This letter is a request that

those denials be reconsidered.

1. The Review has asked for a copy of all case sum-

maries of Air Force Academy honor hearings. The at-

tached Honor Operating Instructions #4 and #65 in-

dicate that all “guilty” case summaries and representa-

tive “not guilty” and “discretion” summaries are con-

tained in an “Honor Code Reading File” located in forty

different offices at the Academy. Our letter requesting

a copy of those summaries indicated that the Review

wished to use them solely to research and support cer-

tain ideas in the Note and that we did not wish to use,

or even to know, the identities of any of the parties in-

volved in the honor cases. Our request also pointed out

that the present Executive of the cadet Honor and Ethics

Committees told us that some cadets who have left the

Academy for honor violations have indicated on a form,

filled out while processing out of the Academy, that the

Air Force had their permission to release the details

of their honor cases to educational institutions for edu-

eational purposes; that the Review’s research require-

ments may be satisfied by releasing only those case sum-

maries in which the cadets involved indicated that they

could be released; and that the Air Force would seemingly

be able to avoid any problems of violating the trust of

cadets if only those case summaries were released to it.

18

When denying our request the Air Force Academy

must not have been aware of the following provisions of

5 U.S.C. § 552(a) (2), which provides in relevant part:

(2) Each agency . . . shall make available for public

inspection and copying—(a) final opinions, includ-

ing concurring and dissenting opinions, as well as

orders, made in the adjudication of cases. ...

To the extent required to prevent a clearly un-

warranted invasion of personal privacy, an agency

may delete identifying details when it makes avail-

able or publishes an opinion. .. .

Had the Academy been aware of the above provisions, we

feel certain that it would not have felt that denial was

appropriate.

We wish to emphasize that we are not interested in

knowing the identity of any cadets involved in honor

hearings. We wish to use the cases merely to document

the various meanings the Air Force cadet Honor Com-

mittees have attached to the terms “lying, cheating, steal-

ing and tolerating.” Contrary to the view expressed by

the Air Force Academy’s letter of denial, cadets would

hardly feel that the Academy had shown “poor faith”

by releasing the requested information if they realized

(1) that the only case summaries released were those

for which the cadets involved had given their specific

prior approval for the releases and (2) that appropriate

“identifying denials” had been deleted, as permitted in

the above cited statute. If the releases already in the

possession of the Academy are insufficient to negate the

privileged information problem, we ask for the oppor-

tunity to produce written releases from some of the

former cadets who were involved in the summarized

honor cases.

Also, contrary to the views expressed in the Air

Force Academy’s denial of our request, we believe the

public could understand the workings of the cadet honor

code if they were privy to the requisite information.

The judgment as to whether and how the academies’

~ ot Ee

lag lt LO A

eld te ae on“

19

honor codes will work is implicitly vested in Congress

by Article I, Section 8, cl. 14 of the Constitution, as is

the case with all other military disciplinary systems.

The public must have knowledge about how the codes

function in order to properly advise its elected rep-

resentatives how to structure that aspect of the academies’

disciplinary systems. It seems elementary that the pub-

lic’s view of military justice would be enhanced if it

perceived that the military was willing to examine the

efficacy of its disciplinary system on its merits rather

than attempting to avoid that responsibility by keeping

information about its disciplinary systems from the public.

2. A letter from the Air Force Academy’s Associa-

tion of Graduates, dated 29 September 1969, discussed

a study “published” in May 1969, about “the current

status of graduate resignations and . . . why graduates

are departing the Air Force.” That letter, which was

addressed to “All Graduates,” stated at page three that

“the above discussion is only a short summary of the

study that was published in May, 1969. If you wish

a copy of the complete survey, merely drop us a line and

we'll send one along.” |

First Lieutenant Michael T. Rose, an Air Force

Academy graduate and a member of the NYU Law Re-

view, wrote to the Association of Graduates and asked

for “a copy of the complete survey.” As shown in the

attached copy of the Academy’s reply, Lieutenant Rose

was denied certain portions of the study. This letter

constitutes an appeal to that denial.

It seems that a “published” study, all of which is sent

to “All Graduates” upon request, cannot be included

in any of the exceptions stated in 5 U.S.C. § 552(b)

and therefore must be made “promptly available to any

person.” 5 U.S.C. § 552(a) (3). In any case, Lieutenant

Rose, as an Academy graduate, is certainly entitled to

the study along with other Academy graduates. To deny

him the complete study discriminates against him as an

individual and, in view of his stated purpose of using

the information for researching the Review’s Note on the

academies’ disciplinary systems, indicates an unwilling-

20

ness by the Academy to permit citizens to know how

their military operates.

For the above reasons the Law Review and Lieutenant

Rose appeal the Air Force Academy’s denials of their

requests for the above items of information. We re

gret that it is necessary to trouble you with these mat-

ters. We realize that those who denied the requests

probably did so only because they were unaware of the

requirements of the Freedom of Information Act. In

the event that our appeals are denied, however, we will

feel compelled to continue to pursue this further.

Sincerely,

Michael T. Rose Lawrence B. Pedowitz

Ist Lt., USAF Editor-in-Chief

Staff Member NYU Law Review

NYU Law Review

21

EXHIBIT F

DEPARTMENT OF THE AIR FORCE

Washington 20330

Office of the Secretary [SEAL]

14 Feb. 1972

Gentlemen:

Your appeals of November 29, 1971 and Januayy 13,

1972 of the denials by the United States Air Force

Academy concerning the case summaries of honor hear-

ings, the complete study of resignations of Academy

graduates, and sample ethics cases have been thoroughly

reviewed and given careful consideration. For the rea-

sons set forth below, your appeals are denied.

The summaries of the honor hearings and the sample

ethics cases are exempt from disclosure as they fall

within the purview of 5 U.S.C. 552, para (b)(6) and

AFR 12-30, paras 4f and 4g(1)(b). The complete study

of the resignations of graduates of the Academy is

exempt under the provisions of AFR 12-30, para 4e and

5 U.S.C. 552, paras (b)(5) and (6). A release of the

honor hearing cases and ethics cases would constitute

an unwarranted invasion into the privacy of forme

cadets of the Academy. Some cases may be recognized

by the reader by the circumstances alone without the

identity of the cadet given. This being the case then the

reader could easily connect the incident with the par-

ticular cadet involved. Additionally, they are internal

documents which are not meant for mass circulation.

They are stamped “For Official Use Only” and are af-

forded subscribed routing and handling procedures.

The study of graduate resignations is also exempt from

disclosure. It has been drafted by the Air Force Academy

in the office of the Alumni Secretary who is assigned to

the Academy under military orders. This study con-

stitutes an internal document containing opinions, recom-

mendations, and suggestions of Academy graduates. A

of cadet training as well as career development. Pub-

lication of material from the study would seriously ham-

per further studies and definitely curtail frank re

sponses to questions which often are quite critical to

the development of better methods of retaining Academy

graduates as career officers in the Air Force.

This decision constitutes final Air Force action on

_ Sincerely,

/s/ Thomas W. Nelson

THOMAS W. NELSON

Administrative Assistant

Lieutenant Michael T. Rose, USAF

and

Mr. Lawrence B. Pedowitz

New York University Law Review

249 Sullivan Street

New York, N.Y. 10012

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

72 Civ. 1605

MICHAEL T. Rose, CHARLES P. DIAMOND, EDITOR-IN-

CHIEF, NEw YORK UNIVERSITY LAW REVIEW, LAW-

RENCE B. PEDOWITZ, FORMER EDITOR-IN-CHIEF, NEW

YorK UNIVERSITY LAW REVIEW, PLAINTIFFS

—against—

DEPARTMENT OF THE AIR FORCE, ROBERT C. SEAMENS,

JR., SECRETARY OF THE AIR FORCE, LIEUTENANT GEN-

ERAL ALBERT P. CLARK, USAF, SUPERINTENDENT OF

THE UNITED STATES AIR FORCE ACADEMY, BRIGADIER

GENERAL WALTER T. GALLIGAN, USAF, COMMANDANT

OF CADETS, UNITED STATES AIR FORCE ACADEMY,

Major CHARLES E. Hart, USAF, DEFENDANTS

ANSWER

Defendants, Department of the Air Force, Robert C.

Seamens. Jr., Lieutenant General Aibert P. Clark, USAF,

General Walter T. Galligan, USAF and Major Charles

E. Hart, USAF, by their attorney, Whitney North Sey-

mour, Jr., United States Attorney for tie Southern

District of New York, for their answer to the numbered

paragraphs of the complaint herein, upen information

and belief allege, as follows:

1. Neither admit nor deny in that these allegations

purport to state conclusions of law.

2. Neither admit nor deny and respectfully refer the

Court to the complaint for a statement of plaintiffs’

allegations.

3. Deny for lack of knowledge or information sufficient

to form a belief except admit that Michael T. Rose is a

graduate of the United States Air Force Academy and

a First Lieutenant in the United States Air Force.

4-6. Deny for lack of knowledge or information suf-

ficient to form a belief.

7. Deny as conclusions of law except admit that

Robert C. Seamens, Jr. is the Secretary of the Air

Force and has his official office in Washington, D.C.

8. Deny as conclusions of law except admit that Lt.

General Albert P. Clark is the Superintendent of the

United States Air Force Academy.

9. Admit.

10. Deny except admit that Major Charles E. Hart

is a member of the staff of the United States Air Force

Academy.

11. Deny.

12. Deny for lack of knowledge or information suf-

ficient to form a belief.

13. Deny except admit that plaintiff Rose made the

request referred to in 13 of the complaint

and refer the Court to 5 U.S.C. 552, and

the Department of the Air Force Rules referred to in

paragraph 10 of the complaint.

14. Deny except admit that plaintiff Rose has made

a request for the study of graduate resignations and

that Captain Frederick L. Metcalf is the Air Force

Academy Alumni Secretary and transmitted a letter, a

copy of which is attached to the complaint as Exhibit

A. Respectfully refer the Court to Exhibit A of the

complaint for the contents thereof, and aver that this

letter was not a personal letter to nlaintiff Rose.

15. Admit and y refer the Court to Exhibit

B to the complaint for the contents thereof.

16. Admit and respectfully refer the Court to Exhibit

C to the complaint for the contents thereof.

17. Deny except admit that by letter dated October

29, 1971, Captain Frederick L. Metcalf transmitted the

letter attached to the complaint as Exhibit D and for-

warded copies of material requested by plaintiff with

necessary deletions and respectfully refer the Court to

Exhibit D to the complaint for the contents thereof.

18. Deny except admit that the Air Force received

the letter dated November 29, 1971 attached to the com-

plaint as Exhibit E and that on or about January 15,

om

dee Bt ei ee eee.

1972, plaintiff Rose appealed to the Department of the

Air Force the denial of the ethics case files and aver that

plaintiff Pedowitz did not make initial request for the

documents which were the subject matter of the No

vember 29, 1971 letter attached to the complaint as

Exhibit E.

19. Deny except admit that the letter attached to the

complaint as Exhibit F was sent by Thomas W. Nelson,

Administrative Assistant to the Secretary of the Air

Force to plaintiffs Rose and Pedowitz and is dated

February 14, 1972, and respectfully refer the Court to

the letter attached to the complaint as Exhibit F for

the contents thereof.

20. Deny except admit that plaintiff Rose has ex-

hausted his administrative remedies.

21. Deny as conclusions of law.

22. Deny.

FIRST AFFIRMATIVE DEFENSE

The Court lacks jurisdiction over the subject matter

of the action.

SECOND AFFIRMATIVE DEFENSE

None of the plaintiffs except Michael T. Rose has

exhausted his administrative remedies.

THIRD AFFIRMATIVE DEFENSE

None of the defendants except the Department of the

Air Force is a proper party to the action.

FOURTH APYTRMATIVE DEFENSE

The complaint fails to state a claim upon which re-

lief can be granted.

_WHEREFORE, defendants pray that the action be

dismissed with prejudice and that they be granted their

Dated: New York, New York

June 30, 1972

WHITNEY NORTH SEYMOUR, JR.

United States Attorney for the

Southern District of New York

Attorney for the Defendants

By: /s/ T. Gorman Reilly

T. GORMAN REILLY

Assistant United States Attorney

Office and Post Office Address:

United States Courthouse

Foley Square

New York, New York 10007

Telephone No.: (212) 264-6317

27

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

72 Civ. 1605

MICHAEL T. Rose, CHARLES P. DIAMOND, EDITOR-IN-

CHIEF, New YorK UNIVERSITY LAW REVIEW, LAW-

RENCE B. PEDOWITZ, FORMER EDITOR-IN-CHIEF, NEW

YorK UNIVERSITY LAW REVIEW, PLAINTIFFS

Vv.

DEPARTMENT OF THE AIR FORCE, etc., et al., DEFENDANTS

AFFIDAVIT

STATE OF NEW YORK )

COUNTY OF NEW YORK )

SOUTHERN DISTRICT OF NEW YORK )

WILLIAM ®&. BRONNER, being duly sworn, deposes

and says:

1. I am an Assistant United States Attorney in the

office of Whitney North Seymour, Jr., United States At-

torney for the Southern District of New York, and as

such I have been assigned the defense of the present ac-

tion. I am fully familiar with the facts therein involved.

2. I submit this affidavit in support of the Govern-

ment’s motien for summary judgment for all defendants

and dismissal of plaintiffs’ complaint on the general

ground thet it faills t state a claim as to which relief

may be grwnted.

3. Thies ction eeelte am order directing the defendant

Air Forc vd its responsible officials, including the in-

dividual de®emiants, t» make available to plaintiffs for

their inspection amd copyimg, case summaries of honor

hearings anv ef etivies hewrimgs, and the statistics con-

tained in and am appendix to a study of United States

Air Force 4 eademy (“Academy”) graduates’ resignations

from the Ai: “orve (“the Resignation Study”).

ats .

wise

28

4. Two of the three documents sought relate directly

to the Cadet Honor Code, a rule of conduct which states

succinctly, “We will not lie, steal or cheat nor tolerate

among us anyone who does.” The Code was adopted

by the first Cadet class at the Academy from the Honor

Codes in use at the other service academies and some

civilian universities. The Cadet Wing (the undergrad-

uate body) administers the Code and instructs its mem-

bership in its ramifications. In case of violations (a

unanimous vote of 8-0 is required to find a man guilty)

the Cadet Honor Committee can ask the violator to re-

sign from the Academy, or it can grant “discretion” (by

a subsequent vote of 6-2 or more) to return to the Wing

in good standing. If a man elects, after advice of coun-

sel, not to resign he may face a Board of Officers or a

Court Martial.

5. The Ethics Program involves enforcement of ethical

strictures generally considered of lesser magnitude than

the questions of honor involved in the Honor Code. The

Program, although less structured, operates generally

along lines analogous to the Honor Code. The Honor and

Ethics case summaries sought in this action are collec-

tions of what are in the nature of “briefs” of significant

cases and are maintained “for official use only” by the

Academy. See the Regulations on Appointment to and

Disenrollment from the Academy, AF Reg. 53-10, 53-3;

the Honor Reference Handbook of the Air Force Cadet

Wing; Air Force Cadet Wing Manual; Cadet and Ethics

Manual; Honor Operating Instructions; and Honor Re-

view Committee Regulations (Exhibits 1-7).) The Honor

System in use at the Academy, since it punishes tolera-

tors of offenses equally with the offenders, has always

been controversial. However, it should be emphasized

that the value of this approach is not the issue in the

present action; the issue is the right to access to these

documents, not the validity of the ideas reflected therein.

6. The third document sought is a study of the rea-

sons given by Academy graduates for leaving the Air

Force. Plaintiff Rose is already in possession of the

analytic portion of the study. He now seeks a statistical

portion and an appendix containing certain personal com-

a ee) ee ee »

29

ments made in confidence to the Academy Alumni Secre-

7. Plaintiff Rose is a First Lieutenant in the Air

Force and a 1969 graduate of the Academy, and conse-

quently possesses the knowledge gained from four years’

experience of daily life under the Honor Code. In addi-

tion, plaintiff Rose possesses or at least is familiar with

the contents of the various regulations referred to above

(See Exhibits 1-7; see also Disclosure of Air Force Rec-

ords, A.F. Reg. 12-30, 32 C.F.R. 886, (Exhibit 8).)

Furthermore, he has obtained large amounts of infor-

mation by corresponding with and visiting Academy pro-

fessors, administrative officers and Cadets (See Metcalf,

Hart, Lee, Kinevan and Wallace affidavits, and corres-

pondence exhibited therewith see also Ragen letter dated

February 3, 1972. (Exhibit 9).) He has also corres-

ponded with other service academies. (See Prugh let-

ter dated December 14, 1971, (Exhibit 10)).

8. Nevertheless, the present action was commenced to

acquire the three documents which the Air Force in ac-

cordance with its policy declined to produce for public

dissemination (See Exhibit 8, supra; see also Wickers

affidavit). Plaintiffs allege that these documents will as-

sist plaintiff Rose in his preparation of a publishable

Note for the New York University Law Review, on the

subject of disciplinary systems and procedures in the

service academies. It is not contended by plaintiffs that

the documents now sought are essential to the proposed

Note; the Note has apparently been drafted in at least

preliminary form since earlier this year (See Rose Let-

ter dated January 24, 1972, (Exhibit 11)). Rather,

plaintiffs argue that this lawsuit is justified by the value

of the documents as potential footnotes to the Note. The

amount of dislocation to be suffered from non-disclosure

of these documents is, therefore, minimal.

9. It is not disputed that plaintiff Rose has unsuc-

cessfully attempted to obtain through administrative

channels what he now seeks judicial assistance in obtain-

ing. Plaintiff’s right to the material is of course strenu-

ously contested, for the reasons stated in the accompany-

ing memorandum of law. It should also be noted, how-

30

ever, that the Air Force officers with whom plaintiff

dealt responded to his numerous and sometimes vexatious

requests for assistance with good-faith and good-natured

cooperation, within their authority to do so. The Lee,

Hart, Kinevan and Metcalf affidavits and correspondence

amply document information relevant to his study which

Lieutenant Rose received from affiants. For instance, Col.

Kinevan, by later dated August 30, 1971, reassured plain-

tiff, who is still an officer in the Air Force, that the Air

Force would not oppose his writing on his proposed sub-

ject and that doing so would in no way jeopardize his

Air Force career. Col. Kinevan also offered Rose his own

editorial experience on the California Law Review in

analysis of potential difficulties of focus and scope of the

Note. (See Kinevan affidavit and correspondence, ex-

hibited therewith). Other qualified instructors gave simi-

lar assistance. Thus defendants’ opposition to the attempt

to obtain public disclosure of the documents sought by

plaintiff does not reflect their reluctance to permit schol-

arly analysis or public consideration of the merits of the

Honor Code or any other aspect of Air Force Life.

Rather, their opposition is based upon their expectation

that disclosure of the contents of these documents would

violate assurances of confidentiality previously given, and

would seriously embarrass present and former Cadets by

disclosure of extremely personal information. These as-

surance of confidentiality should be respected.

WHEREFORE, defendants respectfully submit that in-

asmuch as plaintiffs have failed to state a claim upon

which relief can be granted, the complaint should be dis-

missed upon its merits.

/s/ William R. Bonner

WILLIAM R. BONNER

Assistant United States

Attorney

Sworn to before me this

25 day of September, 1972.

/s/ ('llegible}

———<<

pa en os de

31

INDEX TO EXHIBITS

AND ATTACHMENTS

Exhibit:

1. Regulations on appointment to the academy. ....................

2. Regulations on disenrollment. .......................2..20...-..s0ee000

3. Regulations on appointment and disenrollment (Super-

NACHE ACE Sn Sacer nee

. Honor Reference Handbook. .......................2....-..2.-----eeeeeeeees

. Cadet Wing Manual (Ethics Manual). .............................

. Honor operating instructions. .................-..........-.22.......00+

. Regulations on disclosure of records. ............................-. mn

. Ragen letter dated February 3, 1972. _.....................00........

10. Prugh letter dated December 14, 1971 ~........-00.....00000.......

11. Rose letter dated January 24, 1972 ................0.0.0.............

4

5

6

7. Honor review committee regulations. —..............................

8

9

LETTER ATTACHMENTS

Affidavit

Kinevan Rose dated August 21, 1971 (3 pages). ............

Kinevan dated August 30, 1971. —.........000........

Rose dated September 23, 1971. .......................

Metcalf Rose dated August 21, 1971 (1 page). ............

Rose dated September 5, 1971. ..........................

Metcalf dated September 28, 1971. ...................

Rose dated October 4, 1971. .....................-..-.......

Metcalf dated October 29, 1971. .......000000.. 000...

Rose dated November 18, 1971. ..........................

Page

c. The Class Committees. The class committees for the

first, second, third, and fourth classes are subcommittees

of the Academy Board. The appropriate class committee

evaluates cadets whose academic achievement is question-

able and makes recommendations to the Academy Board

pertinent to the disposition of cadets found deficient in

studies.

d. Board of Officers Appointed Under AFR 11-1. These

board will hear cases and make recommendations as

prescribed herein.

SECTION B—RESIGNATION

9. Policy on Accepting Resignations. The right of a

cadet to resign from the Air Force Academy is subject

to certain restrictions. 10 U.S.C. 9348 requires each

entering cadet who is a citizen or national of the United

States to sign an agreement that he will complete the

course of instruction at the Academy. The acceptance of

a resignation is a discretionary executive act. A resigna-

tion from the Academy may entail a period of active

military service.

10. Resignation. Each resignation will contain a com-

plete statement of the reasons for which submitted and,

when appropriate, have attached documentary evidence

to substantiate the reasons given. The Academy Super-

intendent will forward, with his recommendation, the

resignation submitted under this section to the Secretary

of the Air Force.

a. If a cadet has had prior service, the Superintendent

will normally recommend to the Secretary of the Air

Force that a fourth or third classman be discharged or

transferred to the cadet’s prior military component.

b. If a cadet resigns voluntarily after he commences

the second class academic year (third year) and before

the beginning of his first class academic year (fourth

year), the Superintendent will normally recommend that

he be called to active duty for 2 years.

ce. If a cadet resigns voluntarily after the beginning of

his first class academic year, the Superintendent will nor-

‘A wae nw. Pia eat eae seal

ee ee eed

33

mally recommend that he be called to active duty for 3

years.

11. Resignation Tendered by Cadet. A cadet may tender

a resignation for any reason listed below unless he is of-

ficially notified that action to separate him under sections

C, D, or E has been initiated. If his resignation is ac

cepted, he will be discharged honorably or transferred to

the Air Force Reserve in an appropriate grade and or-

dered to active duty under paragraph 10. The Super-

intendent’s Resignation Review Committee will evaluate

each resignation tendered under this section.

. Academics.

. Environmental Adjustment.

Change of Career Goals.

. Personal Reasons.

Marriage.

Breach of Cadet Honor Code—when the cadet has

been notified officially that he may resign voluntarily un-

der this paragraph.

g. Hardship. The current provisions for evaluating

airman hardship cases will be generally followed (docu-

mentation requirements, etc.).

(1) If the substantiated conditions are such that the

cadet’s temporary assistance will eliminate the problem,

he will be considered for administrative turnback to a

subsequent class.

(2) If the conditions are permanent, the cadet will be

considered for separation or discharge as appropriate.

(3) If separation/discharge is considered appropriate,

the Superintendent will forward the case, with documents

substantiating the hardship to the Secretary of the Air

Force with his recommendation.

HP ae op

12. Resignation Instead of Action Under Section E. A

cadet who receives official notification that action has been

initiated under section E may tender his resignation un-

der this paragraph with the understanding that, if ac-

cepted, he will be discharged under honorable conditions

or transferred unless the Secretary of the Air Force di-

rects that the cadet be honorably discharged or trans-

34

the investigation discloses evidence indicating the cadet

is disqualified for continued cadet status, he will for-

ward the case to the Superintendent recommending re-

ferral to a board of officers.

21. Notice to Cadet of Board Action. If the Superinten-

dent determines that referral of the case to a board of of-

ficers convened pursuant to AFR 11-1 is appropriate, the

cadet will be furnished notification prepared as shown in

attachment 1.

a. If the cadet does not waive a board, the case will

be referred to a board of officers composed of not less

than three nor more than five commissioned Air Force

officer members, at least one of whom will be serving

in the grade of colonel. A field grade judge advocate will

be appointed as a legal advisor to the board (without

vote), and a commissioned officer will be appointed as a

recorder (without vote). The board will make findings of

fact which will be sent to the Academy Board for its

review and determination of whether the cadet remains

qualified as a candidate for graduation from the Acad-

emy. If the Academy Board recommends disenrollment

from the Cadet Wing, the case will be returned to the

board of officers to hear evidence bearing on the char-

acter of discharge or separation and make recommenda-

tions thereon. The cadet will be afforded an opportunity

to appear before the board with counsel and present such

statements or evidence as he may desire. Thereafter, the

Superintendent will forward the record, together with his

recommendations on the type of discharge, to the Secre-

tary of the Air Force.

b. If the cadet waives a hearing before a board of of-

ficers on the facts, the case will be presented to the Acad-

emy Board for its determination as provided in a above.

The cadet may submit a written statement to the Acad-

emy Board for its consideration even though he has

waived a hearing by a board of officers. If the Academy

Board recommends disenrollment, the case will be re-

ferred to a board of officers to hear evidence bearing on

the character of discharge as in a above.

ee

35

22. When Board Action Is Considered Appropriate. Ac-

tion under paragraph 21 is appropriate if substantial evi-

dence indicates that any of the circumstances in this para-

graph or similar circumstances exist:

a. Conduct incompatible with exemplary standards of

personal conduct, character, and integrity. This is evi-

denced by the existence of one or more of the following

or similar circumstances:

(1) Advocacy of political or ethical beliefs which would

preclude fulfillment of the commissioning oath.

(2) Breach of the Cadet Honor Code.

(3) Repeated and dishonorable failure to meet finan-

cial obligations.

(4) Use or possession of narcotics or dangerous drugs;

or excessive or illegal use of alcoholic beverages.

(5) Willful failure to meet minimum standards of aca-

demic or military proficiency.

(6) Repeated failure to meet required formations or

other military duties, either willfully or through gross

indifference.

(7) Loss, destruction, or waste of Government prop-

erty under circumstances indicating a gross disregard

for public property.

(8) Repeated commission of minor offenses not war-

ranting trial by court-martial.

(9) Indecent and lewd acts and acts of sexual per-

version including transvestism.

b. Conviction by a civil court of any offense for which

confinement for more than one year is an authorized

punishment in the table of maximum punishments in

the MCM. 1969 (Revised Edition).

c. Information received indicates that the retention of a

cadet may not be consistent with the interests of national

security. The facts and circumstances wil] be reported

to the local office of special investigation (OSI) and an

investigation by that office will be requested. O

ceipt of the report of in- 7 all

24 May 1971

AFR 53-3

(uoeanias |

apy uryia | Aawyunjoaut) Aouaioyep 0

quvuvod wos

@[|Quaoucy Aavytyyu uojyeusisas Aavqunjoa 6

(g per

Z sajou) sunok

Z JO wun 103

“TT ydesdoied AYAP aarjgau oy [E> poycacdus ay ULYYLAID woyjeusysos Auryunjoa | OID 4° OZ) 8

avorz a

Wounds ’ petatyorip

“th yduatteacd Youq puree fy ssn 40 poywiudus [Porpow L

(tT ayou)

‘OT Ydersured (Ayemsow) yous JNpun 9

“LI ydeadesed (1 230u) que poducyosip apngiyde $

quauoduios 4ry) 0}

“SI Ydessesed) youq yuowUmesy poyeatdas SoULope~e

” youndui (uoneurdos

Arey | Aaequnjoaut) Aruasoyap ’

ez ydes3 (uorjeiuds ©

“bE yduadusey AVuce porauqosip ayy wenrars | Aaequ.joauy) Adu0/ayop ct

quauoduivs yey) 0} quouodwos

Pug JIMS su poytardes Aseyijyua c

u — ajquacuoy AVISZ postaeyosip oy) UUyay>? | voRnvudyser Aswjunjoa | OED 49 OD) I

aq te

ts wav OF 1ey Ip

j® 4yz0yjne /MONjCavdos wosj oud 40} #1 om ia

22pu,)} S14 puy oajsons pus 29 14 ay ‘ways oy pus yuowpposuIsp Sy PUL wpe? O41 .

° d qa a e] u v u

LNAINTIOUNSSIC LAGVS ONILOGAAV ADTIOd

| tat

vi

Attachment 6

BEST COPY AVAILABLE

ency

whether

’s defici

1. The Board/Committee evaluating the indi-

AFR 53-3

24 May 197:

y recommend to the

a first class cadet dis-

ons considered willful be

o9

E .

3% y :

see os E223

= »

BE s

a] 5 = 2

e 2s 2” =

2" > £ Pres «

a & 2S E oe eH

ESE Ea g™ ep

3370 . "5 e

355 8 S E429

; 232.2

SPY g ESS.

Bio's Fes

82 58 2y2

“ af Z BOD p> 8

” 5 3 5D «©

Rod o 2 g 2%

a8 g2 08 3

S = a 2 4 E . i=} E

ZPos AG ANGE S

is = ee et

(AVS Peyeatdes 40 Aq yorag yo proses) | tO *OZO

"61 yduaSesed Aq poyeraip sv) podicyowip v/N S21A498 94} JO Por) ‘000 090)

AV9S% 40

quoudiduin. 03 poAtacyosip

“eZ Ydeadeued ajqrsoucy youg wuotuutissu 40 pojeaudos [@oupeu oz!

(A\jeurr0u) ~ 7 ae

“91 Ydeiduaed @iqusoucy (Gt St owes) ynpuoes 6!

(pr pue powiedes ao

“LT ydeaSeued Cl se owes) pyestacy sip epnyde 8!

(zt poe -

"SI ydcsseaud ajqrsoucy It 88 ews) poyeacdos So! Woptou

7 quouodwos (wor jeard.os ‘meee

Kavya | Asequnjoaut) £2us1oyp ui

Cavoue 2° Av29g | pastaeyasyy

“be Ydeasesed ajqusouoy Aq pojoouip se) 40 poyesedox] [votpour 91

(Sjjeuuou) (zi pur |

“91 ydessesud a]qQcsoucy I] SU owes) qanpuos $1

(g ayou) pnyaien

Prsopisuos sf

Aousioyep sara’ s

yO wun © dey

Aynp sarjor 04 [No "

| Cr 2y0u) jnpyrmwou

81 Adu nouop peyeindos a

“LI ydusSared jf OBaey orp posseyoxs): apngiyde ct

~ dg pur”

T Soyo) yrjyiim

PIaswNUHD SI

Amem ry JH

Ayp aarjou o UND zu

AE ou)

[Nj|[}"uoUu sy

Aouasoyop J! SAV |

“BI ydessoied OF WUT eSB S2}uLpure| ty

Attachment 6

40

charge.

(2) DD Form 257 AF: General Discharge (Under

Honorable Conditions).

(3) DD Form 791 AF: Under Other Than Honor-

able Conditions Discharge.

ce. A cadet disenrolled for any of the following vea-

sons normally is honorably separated or discharged. He

may tender his resignation for one of the reasons listed

in (1) through (12):

(1) Career goals.

(2) Personal reasons.

(3) Hardship.

(4) Marriage.

(5) Fear of Flying.

(6) Environmental adjustment.

(7) Academics.

(8) Admitted or court-adjudicated paternity claims.

(9) Physical disability, service incurred with no will-

ful misconduct involved or existing prior to entering

service.

(10) Deficiency in academics.

(11) Deficiency in conduct.

(12) Deficiency in aptitude for commissioned service.

d. A cadet disenrolled under one of the following sets

of conditions normally is awarded a general discharge

certificate “under honorable conditions” or a discharge

certificate “under other than honorable conditions.”

(1) A cadet discharged for physical disability incurred

through his intentional misconduct or willful neglect, or

incurred during a period of unauthorized absence, is

discharged “under honorable conditions.” A cadet who

tenders his resignation for this reason does so with the

understanding that, if accepted, he will be discharged

“under honorable conditions.”

(2) A cadet discharged for possessing undesirable

habits or traits of character of such a nature as to pre-

clude an honorable discharge is discharged “under honor-

able conditions” (general discharge certificate DD Form

257 AF) or “under other than honorable conditions”

a

Weeden wh 5

41

(DD Form 794 AF), depending on the seriousness of the

offense. Chronic alcoholism, drug addiction, sexual p7r-

version, habitual shirking, repeated commission of minor

offenses not warranting trial by court-martial, and fi-

nancial irresponsibility, are examples of acts or conduct

exhibiting undesirable habits or traits of character. A

cadet who tenders his resignation for any of these rea-

sons tenders his resignation for the good of the service

with the understanding that, if accepted, he may be dis-

charged “under other than honorable conditions.”

(3) A cadet who commits a major offense triable by

court-martial—such as murder or man-slaughter—nor-

mally is brought to trial unless special circumstances

exist which would warrant consideration by a board of

officers convened under AFR 11-1 to consider the cadet

for administrative discharge. A cadet who is administra-

tively discharged under these conditions is discharged

“under other than honorable conditions.” A cadet who

commits an offense as outlined above may tender a resig-

nation for the good of the service, regardless of whether

or not formal court-martial charges have been preferred.

A cadet who tenders such a resignation does so with the

understanding that, if accepted, he may be discharged

“under other than honorable conditions.”

(4) A cadet who has been tried by court-martial for

an offense or offenses for which maximum punishment

authorized by MCM, 1951, includes a punitive-type sepa-

ration, but, upon conviction, is sentenced to less than

dismissal may be administratively discharged “under

other than honorable conditions,” notwithstanding trial by

court-martial.

(5) A cadet who has been convicted by a civil court

of any offense involving moral turpitude may be ad-

ministratively discharged “under other than honorable

conditions.”

(6) If information is received which indicates that

the retention of a cadet may not be consistent with the

interests of national security, report the facts and cir-

cumstances to the local office of special investigation

(OSI) and request an investigation by that office. On

42

receipt of the report of investigation, take action as out-

lined in AFR 35-€2.

21. Special Provisions for Breaches of Cadet Honor Code:

a. A cadet who breaches the cadet honor code may

be tried by court-martial when in the opinion of the

Superintendent such action is necessary in the interest

of good order and discipline. Court-martial proceedings

are instituted only when there is reasonable assurance

that the evidence at hand will result in conviction. A

cadet in this category may tender a resignation for the

good of the service, regardless of the fact that formal

court-martial charges have or have not been preferred.

A cadet who tenders such a resignation does so with the

understanding that if accepted he may be discharged

“under other than honorable conditions.”

b. A cadet who commits a breach of the cadet honor

code which would warrant trial by court-martial, but,

because of the facts cf the case, court-martial action is

not deemed appropriate, normally is administratively

discharged “under other than honorable conditions.” A

cadet in this category may tender a resignation with

the understanding that if accepted he may be discharged

“under other than honorable conditions.”

ce. A cadet who commits a breach of the cadet honor

code which would not warrant trial by court-martial,

but which is not considered to be a minor violation,

normally is administratively discharged under honorable

conditions. He may tender a resignation with the un-

derstanding that if accepted he may be discharged “under

honorable conditions.”

d. A cadet who commits an offense which is considered

to be a less serious breach of the cadet honor code than

those referred to in a, b, or ¢ above, is honorably sepa-

rated/discharged. He may tender a resignation with the

understanding that if accepted he will be “honorably

separated /discharged.”’

e. When a cadet is being processed for separation

under a, b, or ¢ above, attach to the forwarding cor-

respondence a statement indicating the type of offense

committed and other pertinent facts. These statements

———— a

43

are used at secretarial level in determining the character

of separation to be awarded, and are not made a part of

the cadet’s official records.

SECTION C—REPORTING REQUIREMENTS

22. Service Academy Disenrollments. RCS: DD-M(A)

851. Submit an annual report indicating the following

information for each class in attendance during the

preceding academic year to HQ USAF (AFPTRA) not

later than 15 August of each year.

a. Number discharged for unsuitability, unfitness, or

physical disqualification.

b. Number discharged for all other reasons, —...........

— ee ee ee ete ee ee ee eee

Bf EELS ee cee

d. Number transferred to the Reserve component and

not ordered to active duty —.---_-_---_ =

e. Number separated and reverted to former Reserve

or Regular status, except those included in ¢ above —......

~ £. Total number separated during the year

23. Monthly Report. USAFA submits a monthly report

on USAF Academy Cadet Attrition to HQ USAF

(AFPDPRR) not later than the 7th day of each month.

Annotate report to reflect cadets dropped from class

strength but not assigned strength who are later re-

turned to a class. Identify cadets returned to class rolls

as to the class year in which they will graduate.

24. Individual Report of Separation. Report separation

of a cadet before graduation to the congressional sponsor

on AF Form 631, “Report of Separation from USAF

Academy.” USAF (CRR) completes the form (used only

by HQ USAF and the Air Force Academy) and forwards

it to HQ USAF (AFPTRAB) for notification to the ap-

propriate congressman.

dd

SECTION D—AIR FORCE ACADEMY

PREPARATORY SCHOOL

25. How To Apply for Preparatory School:

a. AFR 53-14/BUPERS INST 1530.49/MCO 1530.5A

tells in detail how to apply for the Air Force Academy

Preparatory School course, when the course is to be

conducted, and how students are selected.

b. Any eligible member of the Air Force on extended

active duty or assigned to a Reserve component may

apply for preparatory school in conjunction with an ap-

plication for the Air Force Academy.

45

[SEAL]

HONOR REFERENCE HANDBOOK OF THE

AIR FORCE CADET WING

20 June 1970

46

CONTENTS

Page

TEETTIIEED canennnsenetiniapesuneneststastanenininbenibsntineseceenndeesnesimcennebtanmmniatiinisneninn 1

I oe dceeieiinindeiibibiaitmiabeinan 1

SE Ct Ge SEED ccnsteesiinscnsisinincnienidenatinnion i 2

I eal 2

SUUTDD - <cipshsashahdinsinpeibbiebabetntpimiebianinesiibbieettiiaibiiansamnieiaidaninntdmiininiditiats 3

RN TITTIES" iscicesictiscssiiiaeiinciiieisldascihaascibaesibincniippdetialianinbiniiabemieins 4

SSUITEITTIIE eisetebisncriesdenaieinnennccieesioeiddeiadapidalealideetnteihniaisacdaniamiaiigiivenniibianitsiin 5

I a 5

I sicecceiaciaeeh teehee alt 5

TED TS BETTIE TIT eeecescceccenccccccccccecscccccersesescncnseses 6

I a arliehilinaalsliendhimeiteabi 6

SEEIIEE. suisnsesiaciecensnietsnssbnedeesbiciiianeahisinstidbtaniinbtenieteieaieiitiiaabsneednmenmeainatiuiiaainiees 7

SERENA SRE Hee ee es Se eS 7

ITIL T SOO ae a en a ee &

SSSI: sdsiicdccceihpeesiiedidieieitlaaiitabiacencibnipntieaneeiiatingn 9

ee Me MT iienctihceieiitelicichieeiincciaiiteeetarnsinnattaata 9

Improper or Unnecessary Questions ......00000000000000000.... 10

UEEEETITUTUTIETT: - sionicilspstichsiieclenbtashibdeiihleeiehienaiiniediapieniapasianbianneatae: 12

EERE ESAT RE a Sve ee Ty en OnE eae Tenn eR eT Te 12

TEETER a ET oe 12

TTT OT a 12

ET EETIITTID seriehseisbnttshdaininicenintsiiprintinientntastgenenenmnaamnininnideatnsanincntinatedats 13

Ty WII * sbi heli desl hidihdaelian eatin tncmineentantanntiainiaateenies 13

Quizzes and Graded Reviews ...20................0ccccccccceccseeeeseeeeee 13

SUPE cuit ieinariantlaatieuaiaadiiaistneniiasbinatasliniidnatiatidinaenasties 14

a IIIT sstcitadeariaieebih btntade eben iia eniacgnenintemanaanaa lacie 15

STRESS a a a 16

ciara pete derail aaa 37

IID. siete naa 38

fre ee Ey OR 45

THIS MANUAL SUPERSEDES ALL PREVIOUS

EDITIONS OF THE HONOR MANUAL

47

THE CADET HONOR CODE

“We will not lie, steal, or cheat, nor tolerate among us

anyone who does.”

This is your Honor Code—a code that means many things

to you as a cadet and future officer. It means the pride

of knowing your word is trusted implicitly. It means

the respect you have for the property of others and the

consideration you expect others to have for your property.

It means the responsibility to accept credit only for your

personal achievement. It means the moral courage to

protect the Wing from any cadet who places his stand-

ards below those of the Wing’s Honor Code. The Code

embodies the attitude of every cadet who has jealously

guarded its existence since it was first established by

the Class of 1959.

You will find that living by the Honor Code is not so

difficult as living without it. It is not a unique set of

standards. It is based on the ideals every American

encounters from childhood. They are not limited to the

Cadet Wing. They are certainly the foundation of char-

acter for every officer who desires to be considered honest

and trustworthy. The Cadet Wing expects each cadet to

make the Cadet Honor Code a part of his personal code

throughout his life.

The Code’s Philosophy

Former Secretary of War, Newton Baker, said, “. . . the

inexact or untruthful soldier trifles with the lives of his

fellow men and with the honor of his government. . .”

The young officer needs to be able to trust his men as

does any commander. In these times of expensive and

increasingly complex weapons systems, the officer must

rely on fellow officers and airmen for his own safety

and the safety of his men. By living honorably while a

cadet, it is heved that such conduct will become second

nature and follow the individual throughout his career.

The Honor Code then is another important aspect of the

training that a cadet gets at the Academy; however, in

this case the Cadet Wing has set its own standard.

48

Origin of the Code

The Honor Code was originated by the first class to

enter the Academy. They studied the honor codes and

systems in use by institutions throughout the country,

including the United States Military and Naval Acade-

mies, Virginia Military Institute, and others. These were

screened, formulated, and organized into a system and

basic code which was presented to the Cadet Wing in

1955 by the first Commandant of Cadets. It was accepted

by the Class of ’59 and subsequently administered, in-

terpreted, and cultivated by them and their successors.

The Honor Code has always belonged to the Cadet Wing

which administers and instructs the Code through its

Honor Committee with the advice and counsel of the

Commandant of Cadets. It is the duty of the Cadet

Wing to insure that the Code never becomes stagnant

or unrealistic. Honor is not only the responsibility of

the squadron Honor Representative and the Honor Com-

mittee. Every cadet must feel responsible for the vitality

and effectiveness of the Code. Suggestions, problems, or

questions should be communicated to the squadron Honor

Representative.

Legal Basis for the Honor Code

The legal basis, particularly for the punitive aspects of

the Cadet Honor Code, is the Uniform Code of Military

Justice. In general, all four aspects of the Cadet Honor

Code (lying, cheating, stealing, or tolerating any of those

acts), are punishable under military law. Specific ar-

ticles of the UCMJ which could apply vary with the

circumstances, but include Articles 80, 92, 107, 121, 122,

123, 133, and 134. Executive orders, service regulations

and orders issued at lower levels of command as well

as established customs and usages of military service

are recognized and violations are made punishable by

the UCMJ. Article 134, for example, includes all dis-

orders and neglects to the prejudice of good order or

discipline and of a nature to bring discredit upon the

armed forces, even though such misconduct is not spe-

cifically enumerated in the Uniform Code. The entire

49

body of accepted military custom and tradition has

established high standards of responsibility and conduct

for officers and cadets. Both the written laws (UCMJ),

and the unwritten customs and usages of the military

service, provide strong support for punitive action against

such acts as are prohibited by the Cadet Honor Code.

Mission

The final mission of the Code is to influence cadets to

live honorably so that they will graduate as officers with

the highest standards of individual honor and integrity.

The Cadet Honor Code is regarded as the minimum

standard of conduct. The Code is realistic and reason-

able. Each cadet should realize that the standards that

are expected of him are a minimum and that he should

maintain a set of personal values higher and broader

than those established by the Honor Code. The Honor

Code should be analogous to a foundation upon which

the cadet seeks to build his own integrity—always seek-

ing to improve what has been done before. These stand-

ards of conduct apply anytime, anyplace, and in any

situation. By making the Code all-encompassing, cadets

have established a true standard that is more than a

mere formality to be observed occasionally. Honorable

conduct must be a continuous pattern of behavior.

Honor Violations

The purpose of the Cadet Honor Code is to build within

the man a keen sense of honor and an intense dedication

to live by the dictates of this sense of honor. Tho

man who fails in this is deemed unworthy of cadet status

and is asked to resign from the Academy. There are two

elements in an honor violation, the act and the intent.

In the following pages the prohibited acts of lying, steal-

ing, cheating and toleration are defined. These acts, or

an attempt to accomplish these acts, must be performed

if a man is to be found guilty of an honor violation.

The question of intent poses greater difficulty to define

and prove. To some extent the intent required depends

upon the act involved. There are some acts which are

inherently wrong. In these cases the intent to commit

the act is sufficient to justify a guilty vote. For example,

a man who takes a crib sheet into a class and uses it to

cheat does not have to think specifically “this is wrong

and it is against the Honor Code.” His intent to commit

the act would be enough. There are other acts which are

defined as wrong. For a man to be found guilty of these

violations he must know they are wrong and think

about the wrongful nature of the act at the time. For

example, a man who goes on an unauthorized absence

with his card marked must know that his card is marked

and be aware of the meaning of a card marked “au-

thorized,” in order to have violated the Code.

What is expected by the Cadet Wing is that the cadet

will act as a reasonable and honorable man and make

judgments which a reasonable and honorable man would

make.

LYING

Lying is making an assertion which is intended to de-

ceive or mislead. A lie may be an oral or written state-

ment, or even an action, which is misleading or de-

ceiving and meant to be so. That’s all there is to it. It

is a simple concept. The following pages merely expand

on the first two sentences of this paragraph, covering

situations which may be peculiar to the Cadet Wing due

to the atmosphere of trust we live in; they clarify situa-

tions which may not be unique to the Academy, yet are

new to you; and they will answer some of your questions

before you ask them.

Keep in mind that the points mentioned in the follow-

ing pages are inseparable. They all cover lying; only the

form is different. Each one can be thought of in terms

of the basic definition of lying. You should try to relate

everything back to the basic concept as you read. In this

way, you will get a feeling for the “spirit” of the Honor

Code. It is this spirit of the Code which you will some-

day carry away from the Academy as a part of you.

ZT aes

Te

51

Quibbling

A person can easily create a false impression in the mind

of his listener by cleverly wording what he says, omitting

relevant facts, or telling a partial truth. When he

knowingly does so with the intent to deceive or mislead,

he is quibbling. Quibbling and lying are not separable;

they are one and the same thing.

Reports

Every cadet at one time or another must render a report

of some sort, and it is important for each cadet to realize

the meaning of the report. Oral or written reports

must be complete and accurate because the report is a

statement made by the cadet. When reports are given

in ranks, the person rendering the report must give the

name or number of cadets who are absent and whose

status (authorized or not) is not known for certain. The

Dormitory Inspector’s report ascertains that he has made

the inspections which he lists on the CCQ report; and

that he has inspected all cadet rooms and reported all

cadets who were absent from their rooms with their

ecards unmarked.

Other reports such as the CCQ report and the Cadet

Accountability System reports must be accurate before

they are signed. In general, cadets should know what

they are saying when an oral or written report is made

or before they apply their signature or initials to a

report or document.

The Lost Articles Inspection

The lost articles inspection is made for the purpose of

recovering articles lost by cadets. It is mentioned here

only because it is unique to the Academy; it is a con-

venience which is possible because of the Honor Code.

A list of lost articles, along with the date of the lost

articles inspection, will appear in the Daily Bulletin.

Cadets should check before the inspection to see if they

have any of the lost articles. For example, if one of the

lost articles is a class shirt, cadets should check the

52

nametags of all their class shirts. When a cadet gives an

“all right,” he is saying that he has already checked his

possessions for the lost articles and found that the miss-

ing items were not among them. He cannot give the

“all right” until he has performed the check or knows

beyond any doubt that he does not have the item in

question.

Pop-offs and Mistakes

It is easy to inadvertently make a false statement. Once

a cadet realizes his mistake, however, he should attempt

to correct it with the person to whom the statement was

made at the first reasonable opportunity. If the person

is unknown or unavailable, he should tell his Honor Rep-

resentative the circumstances of the incident. If he lets

the mistake ride, he is allowing the false statement to

stand as the truth, which is then no different from

making a false statement initially with the intent to

deceive or mislead.

The kind of mistake described above is termed a “pop-

off.” It is usually a yes or no answer, or a short state-

ment, made in haste and without thinking. It is not an

honor violation if it is corrected.

Tact

Social situations may arise in which a cadet should not

embarrass another person by being completely truthful.

Here is an obvious example: The hostess asks her cadet

guest if he enjoyed the meal she spent two hours pre-

paring. It would go against all the rules of etiquette

for the cadet to reply, quite truthfully, “As a matter of

fact, I was just going to ask for a glass of water—the

chicken was so dry it was all I could do to get it down.”

The cadet may apply tact to save someone else’s feelings

and that is not considered a lie. Of course, the best

solution would be to comment on some part of the meal

that the cadet actually did like.

A cadet should apply tact only in a social situation

when common sense dictates it to avoid embarrassing

nf

= ee ED

53

someone else and never with personal gain in mind. If

there is ever any doubt as to whether tact applies, go

ahead and be completely truthful.

Signatures

A cadet’s signature is his word. As a cadet, there will be

many times when your signature—whether it is your full

written name, typed name, initials, check mark, or

whatever—will be required to affirm that you have per-

formed some task, to certify that a document is com-

plete and accurate to the best of your knowledge, or

to indicate some other response. If you are required

to do something before you place your signature, keep

in mind that when you sign, you are in effect saying,

“Yes, I have done what is required.” A violation of your

signature is a lie.

Privileges

The Commandant grants privileges to cadets on the basis

of rank, performance, and other criteria. Cadets can

take privileges they earn without wading through cumber-

some administrative controls only because a cadet’s word

or signature can be trusted. While this atmosphere of

trust is something to be proud of, it is also something

to be guarded, and not abused. A cadet must fulfill

certain requirements before taking a privilege:

First, a cadet must be authorized the privilege; a cadet is

authorized te take only a certain number of privileges

during a specified period. Additionally, a privilege can-

not be taken in conflict with military duties or punish-

ments. Second, a cadet must receive proper permission

to take the privilege.

Some privileges, such as the ones that a cadet does not

sign out for, e.g., the recreation privilege in Arnold Hall,

may not require specific permission. On the other hand,

some privileges, like the Weekend Pass and the Visiting

Permit, have additional requirements. The Weekend Pass

requires that the cadet fill out the proper form and have

it signed by his AOC. The Visiting Permit requires that

54

the cadet be with his host at all times except while going

straight to or from the host’s residence.

Only a few examples of specific requirements have been

given. A cadet should be completely familiar with the

privilege regulation, because when he signs out on a

particular privilege or permit or when he marks his

status card to take a privilege, he is saying that (1) he is

authorized to take the privilege, (2) he has received

permission to take it, and (3) he will take the privilege

he is signing out for, as defined in cadet regulations.

I.D. Cards

Besides being a severe offense under the Uniform Code

of Military Justice, the intentional misuse or falsifi-

cation of an identification card is a form of lying. The

cadet who presents an I.D. Card for any purpose is

implying that the card is his and that it is correct. If it

is not, he is lying, because he knows that the person to

whom he has presented the card has accepted it as being

his and being correct.

For example, if a cadet is 20, yet his I.D. Card says he is

21, and he uses his I.D. to purchase liquor, he is lying.

Once again, the simple test is to ask yourself, “Will my

statement or action mislead or deceive the person to

whom it is directed?” If so, it is a lie.

The Status Card

When a cadet marks his card by putting it in the

“authorized” position, the card is speaking for the cadet

during Evening Call-to-Quarters. When the card is

marked, it says that the cadet is in cadet limits, as

defined in AFCR 35-9. If a cadet unintentionally violates

his card, he should see his Honor Representative im-

mediately so that appropriate action can be taken to

correct this situation. Of course, an intentional violation

of the card is lying.

Cadet regulations spell out when, in addition to Evening

Call-to-Quarters, the card should be marked. The im-

errr rae ere eae i ne ee

55

portant thing to remember with regard to honor is that

your marked card speaks for you just as if you were

standing in front of your room saying you were in an

authorized place.

Improper or Unnecessary Questions

The goal of the Honor Code is to establish within each

cadet a keen appreciation for the importance of integrity

in the character of the professional military officer and

to insure each cadet’s dedication is being a man of honor

and integrity. Within this framework the Honor Code

is a tool for self-discipline and is not a regulatory device

imposed by the Academy Administration. A cadet’s sense

of duty should dictate that he properly discharge his

responsibilities, even though he is not honor-bound to do

so. However, the Honor Code does dictate that the cadet

will not lie or quibble to avoid responsibility for his

mistakes or shortcomings. Cadets are expected to be

straighforward in answering the questions of superiors

and to stand up to whatever punishment they bring upon

themselves. This expectation is patterned after that which

will be expected of the graduate once he is commissioned

an officer in the United States Air Force.

Caution is necessary when questioning cadets to insure

that the Honor Code is not used unfairly. Good judg-

ment and a sense of fair play is a continuous obligation

on the part of the questioning officer or cadet. Ob-

viously, a cadet should not be asked an embarrassing

personal question about his private life. Generally, the

prudent degree of questioning is related to whether the

questioning individual has reasonable suspicion that the

questioned cadet has knowledge of, or was implicated in,

some act or incident. Questions should be avoided when

there is only vague suspicion that some punishable act

did occur.

For example, the Air Officer Commanding who finds an

empty liquor bottle in the latrine would not line his

squadron up and ask each cadet if the bottle were his.

On the other hand, if the bottle were found in a cadet

56

room both occupants could properly be questioned about

the incident.

While the purpose of the Honor Code is not to enforce

regulations each cadet must realize that throughout life

he will be asked to certify by his signature that he has or

has not done certain acts. For example, 2 man may be

required to state his marital status, the state of his

health, or whether he has ever been a member of a

subversive organization. To falsely answer such ques-

tions is a violation of public law, the Uniform Code of

Military Justice, Air Force regulations, and a man’s

personal honor as well as of the Cadet Honor Code. The

Honor Code should not be used unfairly against a cadet

but neither should it be a shield behind which the cadet

hides to avoid accepting the responsibility for his actions.

If a cadet feels that the Honor Code has been used

unfairly against him he should answer the question and

then discuss the situation with his honor representative.

If it is deemed appropriate the case will be discussed

with the Executive for Honor and Ethics who will take

the necessary corrective action.

STEALING

Stealing is defined by the Cadet Wing as intentionally

depriving someone else of his property without his per-

mission. This act may be either a permanent or tem-

porary deprivation. If something is not yours, you can-

not take it without permission from the owner.

Borrowing

Borrowing must be considered in conjunction with steal-

ing. A cadet must have either specific or implied per-

mission to borrow another person’s belongings. One should

not take advantage of close friendships by being careless

in borrowing. The borrower should leave a note giving

his name and the item borrowed. He should also return

borrowed items promptly.

57

Destruction of Property

Obviously, to destroy another’s property is the same as

depriving the owner of its use. Wilful destruction of

another’s property is a violation of the Honor Code by

stealing. If a cadet accidentally damages, destroys or

loses someone’s property, it is his responsibility to repair

or replace the item involved.

Government Property

Cadets should not feel that their presence in the military

entitles them to assume ownership of government-owned

materials. Government property should always be treated

in the same manner as personal property.

CHEATING

Over your four years at the Academy, you will be in

constant competition with other cadets. In fact, com-

petition is one of the most important aspects of a cadet’s

life. The results of this competition will greatly affect

your future career here at the Academy and in the

Air Force. It is expected, therefore, that each cadet

will compete fairly with his fellow cadets. Cheating is

fradulently acting out of self-interest to take unfair

advantage of others. Cheating is not confined to any

single area—it applies to your whole life as a cadet. The

cadet who falsifies his score on the physical fitness test

or who copies on a squadron training test has been as

dishonest as a cadet who copies another’s work in an

academic course. Since the academic environment at the

Academy is probably different from your previous ex-

perience, the next few sections will discuss the various

academic peculiarities of the Academy.

Graded Work

In general, any work done for a grade must be done

without another cadet’s help unless such help is specifically

authorized by the instructor. The work is accepted by

the instructor with the idea that you have done it by

58

yourself. Of course, different academic departments will

have certain policies which allow outside help or team-

work on certain assignments. Such policies will be ex-

plained by your instructors at the appropriate time. It

is essential that you understand these policies; if you

have any questions, be sure to ask your instructor to

clear them up.

Quizzes and Graded Reviews

A cadet must never copy another cadet’s work or com-

pare answers with the intent of confirming or checking

an answer during a graded recitation. At the Academy,

the same test may be given to all sections of a course

on the same day. It is clear that a cadet would be

placed at a definite advantage if he had early knowledge

of the contents of an exam. The only thing you may tell

another cadet is the fact that an exam has been given.

Avoid phrases of the type, “Boy, I had a tough quiz

today.” This type of small talk can lead to more specific

things about an exam and may put one of your class-

mates in a difficult position. Do not discuss an exam

with any cadet who may later take the same test. If a

cadet does find out any of the contents of an exam, he

should tell his instructor. Usually, the instructor will

give him another question or another exam.

Because of their faith in the honesty of cadets, instruc-

tors will often leave the room at the beginning of an

exam and return after the exam is over. It is therefore

the cadet’s responsibility to know and observe starting

and stopping times of the quiz. Usually the section

marcher will give “Cease Work” or a similar command.

At that command stop working immediately. If you no-

tice that time is up, it is your responsibility to give

“Cease Work.” Only the instructor can give you per-

mission tu finish an answer or sentence.

Some courses will give take-home examinations. It is

your obligation to know the restrictions on such exams

(i.e., working time, materials which can be used, etc.).

59

The restrictions will usually be printed on the cover

sheet of the quiz, or the instructor will discuss them.

Plagiarism

In writing essays or themes, it will often be necessary to

use the ideas and words of others. Plagiarism is the use

of such ideas in an attempt to pass them off as your

own. Plagiarism can be avoided by properly document-

ing outside sources. The English Department makes

available to each cadet an English handbook explaining

the writing and documenting of themes. If any doubt

exists about documenting, a cadet should check with his

instructor.

No attempt should be made to cover up sloppy or in-

complete research work by stuffing bibliographies or giv-

ing fictitious sources and page numbers. Such an act im-

plies intent to receive credit for work the cadet has

not done.

Use of Library

Our library policies are designed for maximum conven-

ience for cadets; such freedom is possible because of the

Honor Code and the trust vested in us. Therefore it is

important that everyone conscientiously abide by library

policies and directives. The concept of taking unfair

advantage of your classmates may arise in this area.

For example, many courses require certain reading to be

completed from books on reserve in the library. To deny

another person the use of one of these books, or any

book, by hiding it in another part of the library or by

taking the book without checking it out would have

honor implications and could be considered cheating or

stealing.

TOLERATION

The backbone of the Honor Code is the toleration clause

which requires that every cadet report any suspected

violation of the Code. If a cadet suspects another cadet

of violating the Honor Code, he should first approach the

individual and inauire about the circumstances surround-

60

ing the situation. A misunderstanding or mistake may be

easily and quickly cleared up in this manner; however, if

the suspecting cadet is not absolutely certain in his own

mind that the incident was not an honor violation, he

should tell the individual involved to see an Honor Rep-

resentative and later check to insure that this was done.

If the incident is of a serious nature, it is sometimes

better to contact an Honor Representative first and allow

him to make an investigation. In cases where a possible

breach of the Honor Code is not completely resolved, an

Honor Representative should be contacted. Toleration

cannot be present until the intent to ignore the honor

violation is formulated. In some cases, several hours or

even days of serious thinking may be necessary before

the decision is finally made to turn in or not turn in the

suspected honor violator. During this period the cadet is

encouraged to talk with someone whom he respects, for

example, an honor representative, a chaplain, or some

other officer. Toleration can only occur when the con-

clusion is made not to turn in the suspected cadet.

It is important that each cadet fully understands the

spirit behind the toleration clause, as well as the obliga-

tions it creates and the method of reporting a suspected

honor violation. Once confronted with the pressures of

a toleration situation, it may be too late to formulate

a clear decision on it because emotion will be involved.

If one has doubts or questions about this clause, the

matter should be discussed with the squadron Honor Rep-

resentative.

The Honor Code belongs to the Cadet Wing, and it is

our standard. We have set the pace, and because of this

we must remove violators from the Wing if the Code is

to mean anything at all. An editorial in the “Denver

Post” stated the idea by saying:

“The success of the Honor Code is realized through

its tacit acceptance by all those entering the Acad-

emy. It implies that the cadet who cheats has denied

himself the membership of this group of highly

favored young men. Thus, it is an intrinsic yard-

61

stick of moral behavior, clearly recognized as such

by everyone who puts on the uniform of an Air

Force Cadet.”

The following are several different comments on the

“no toleration” concept. These should reinforce the logic

of the clause.

1. Excerpts from a letter by a member of the Class of

1968.

Written to the Class of 1968 after resigning from the

Academy because of violating the Honor Code. Dated:

8 March 1967.

“Do you remember when you accepted the Honor Code?

Or like myself do you remember accepting a double

standard? Yours and the Academy’s.

“What I really would like to say is that we've...

reached a turning point in our infant careers. I didn’t

realize this however ’till it was too late to keep from

smashing my career.

“To an officer, Duty and Loyalty should be the two guid-

ing principles of his life—not just inflated words in his

vocabulary.

“When I cheated, I broke all bonds of loyalty between

ourselves and could no longer claim a loyalty higher

than a false one to myself. But you almost erred too—by

tolerating my selfishness. Could you have been loyal to

yourselves if you had maintained a loyaliy to someone

who wrongfully discredited you? No. So you could not

have tolerated my cheating in your midst. What kind of

friend would ask another to cover for his dishonesty?

“In other words, was it not your duty to report me?

You would have failed yourself and your true friends.

“Why didn’t I understand some of this ’till now? And

I’m no different than many of you—except that possibly

I’m weaker.

“This letter only poorly conveys what I think and feel.

But think about what I wanted to say and what I have

62

said for above all it is sincere. It has taken a lot of

growing up lately to come to these conclusions and I’!l

always be sorry I missed the boat somewhere. . .”

9

2. Excerpt from a paper written by Harry P. Wetzler,

Class of 1967.

“Behind any Honor Code there must be one goal of

paramount importance—that is the development within

each individual who lives under the Code of an unwaver-

ing sense of integrity, an unwavering sense for that

which is ‘right’ under the circumstances. These quali-

ties are desirable in any member of society, but they

are essential in the soldier and officer. For the military

man has a high degree of calling: he is responsible to

his country, to his many fellow citizens. He is subject

to pressures which are greater than those faced by his

civilian counterpart, and the consequences of his acts

are generally farther reaching. Thus, the officer must

have ingrained within him a sense of honor and in-

tegrity which will serve him at all times no matter what

the difficulties or personal risk. The citizenry has placed

their confidence, and oft-times their lives and futures,

in the hands of the miltary defense establishment: any

laxity on their part cannot be tolerated.”

3. Excerpt from a letter sent to all applying students

by the Office of the Dean of Students, Davidson College,

North Carolina.

“As you know, Davidson believes in the value of many

things which are part of the century-old tradition of the

College. You will be a part of a student government

centered in a longstanding honor system; this honor

system requires not only that you yourself refrain from

cheating, stealing, and lying in formal statements, but

that you report violations of the honor system which

come under your observation.”

4. Comments made by Brigadier General Seith, Com-

mandant of Cadets, Spring 1967.

QUESTION: SHOULD THE TOLERATION CLAUSE—

AND THE HONOR CODE—BE MADE TO APPLY

TO ONLY THE MORE “SERIOUS OFFENSES”?

SOME CADETS HAVE SAID: “YES, I WOULD RE-

PORT A ‘SERIOUS’ OFFENSE, BUT NOT SOME

MINOR OFFENSE.”

Any moral value, habitually transgressed, tends to lose

its significance—both for the violator and the tolerator.

“Minor” transgressions, having become tolerable, then

become the departing point for new levels of “minor”

transgressions, levels that once seemed “major.” This is

the anatomy of moral degeneration.

This was apparent in the cheating scandal of 1965,

wherein cadets first tolerated, then cheated only when

helping others (but never received help themselves) ;

from here, even bright students found they might as

well accept help, and were soon cheating for their own

benefit. First they did it only on rare occasions when

they were too busy to study. Next they found it con-

venient to cheat more often. After a while it was

nicer to cheat frequently because it permitted them to

live in a more relaxed fashion (no studying). From here

it went to actively recruiting others; from here cynicism

set in, and the violations became increasingly criminal,

e.g., passing exam papers, colluding as a ring, stealing,

etc., etc.

Moral degeneration does not compartmentalize itself.

Some cadets were conditioned for cheating—or tolerat-

ing cheaters—by the guilt of dishonorable acts in other

areas. In some cases this involved violations of the card

or the “All Right.” In others, the process was initiated

by cheating and expanded into violating the card, or even

to stealing.

QUESTION: MANY OF THE CHEATERS STARTED

OFF AS TOLERATORS. IT SEEMED TO THEM

THAT THE VERY ACT OF TOLERATION BECAME

A TRAP. CADETS FOUND THAT THEY HAD VIO-

LATED THE HONOR CODE, THEN DECIDED THEY

MIGHT AS WELL GO ON AND BE CHEATERS.

IF WE COULD REMOVE TOLERATION FROM THE

CODE—OR AT LEAST REDUCE THE PENALTY,

WOULD NOT THIS TRAP BE REMOVED?

Yes, the very act of toleration is a trap. But if we

assume no prohibition against “tolerating” a cheater,

then toleration: would become an even greater trap.

Even without a “no toleration” clause in the Code,

many persons who tolerate cheating by others will even-

tually become cheaters themselves. Anyone who lives

closely with cheaters will find it hard not to become dis-

couraged and disillusioned—more so if they are his re

spected friends. His friends all do it; they don’t work

hard, while he studies; they get better grades than he;

perhaps he loses privileges or is threatened with academic

failure. The probability is that if the honest man can-

not bring himself to stop the cheater, sooner or later he

will throw up his hands and start cheating himself.

Widespread toleration will spawn widespread cheating.

The closer the student society, the more insidious this

reaction will be.

As a matter of fact, if enough people tolerate cheating

by cthers, does not cheating then become an accepted

standard—by definition?

If the very act of tolerating cheating weakens one’s own

resolve not to cheat, would not that resolve be further

weakened by the reduction of any threat of discovery

by authorities? Would not cheating become easier, in

the absence of a real deterrent as represented by the “no

toleration” clause?

Concerning a reduced penalty for toleration, it has

been suggested that people would not be “trapped” by

tolerating if they knew that the penalty was not so

extreme. It may be true, that some tolerators, having

thought it all out, might be less fearful of coming

forward with a confession, were the penalty less severe.

But other cadets who might be deterred from tolerating

-_— ~

by the severity of the penalty might now take a chance

thinking primarily of the severity of the penalty to the

cheater himself. After all, if the tolerator did get caught

(or become conscience-stricken), the penalty would be

an endurable one for him, especially when compared to

the penalty for his friend, the cheater. So, it is ques-

tionable that a reduced penalty for tolerating would

decrease toleration—it would very likely increase it.

QUESTION: HOW DOES THE HONOR CODE—AND

THE TOLERATION CLAUSE—RELATE TO THE

LAW? TO DUTY?

One of the intellectual traps waylaying college students

is perversion of “freedom of choice,” of “intellectual

freedom,” of the “responsibility to question and to probe

intellectually.” In some circles those great principles

have become a rationalization for civil disobedience move-

ments, the Vietnicks, and protest movements.

Some cadets have fallen into this trap by saying in ef-

fect: “I will obey those rules (regulations) which make

sense to me. The others I will not.” This transfers to the

cadet leader who says: “I will enforce only those rules

and regulations in which I believe.” This cadet denies his

sworn duty and responsibility as a soldier, and reflects a

concentration on self to the exclusion of another all

important principle: The very foundation of U.S. civili-

zation depends upon acceptance of laws imposed by a

majority, even though they may not be understood or

liked by large segments of the population.

In the military, each man takes an oath to uphold the

laws of his country—and the rightful orders and regu-

lations that stem from those laws. Cadet regulations fit

this category. No cadet has any right—morally or le-

gally or otherwise—to decide which regulations are not

worthy of being obeyed or enforced. True, he may vio-

late a regulation for many personal reasons, however

unworthy, and the punishment will follow if he is caught.

But he may never sef any requlation aside on the grounds

that it is an unworthy regulation. This is subversive

insubordination.

Cheating, stealing, and lying are unlawful acts under the

UCMJ and contrary to the rules of cadet behavior.

Toleration of these acts is also unlawful. All citizens are

bound by law to stop or report unlawful acts; otherwise

they become accessories to these acts. Witnesses to

felonies (not misdemeanors) are required by law to re-

port these crimes and to identify the persons who com-

mit them.

The obligation of a cadet to the Cadet Honor Code is

bound by the law, yet it goes beyond the law and mili-

tary regulations. Each cadet knows he is committed to

uphold the Code, to live by it in its entirety, as it

stands now. He is committed to his classmates, and to

each member of the Cadet Wing—ard he is committed

to this above his loyalty to friends and individuals. He

cannot mentally set aside any part of it—including the

toleration clause—without violating his commitment to

each member of the Wing. He may question a part of it,

or he may advocate change, but to remain in the Wing

with any reservation about his personal commitment to

comply with the Code is in itself dishonorably and

frauduient.

Concerning toleration, each cadet has committed himself

to be the guardian of the Honor Code. Just as a priest

has committed himself never to reveal a confidence taken

in confession, a cadet has committed himself to confront

and reveal a violator of the Code. This has become both

a duty under the law and a personal commitment.

QUESTION: HOW CAN A CADET RESOLVE THE

APPARENT CONFLICT BETWEEN HIS LOYALTIES

TO HIS GOD, TO FRIENDS, TO THE SQUADRON,

TO A TEAM, AND TO THE HONOR CODE?

No man can be relieved of the conflict of loyalties—to

self, to family, to country, and to a host of other

commitments. But he can learn to live with these con-

et ae

BE BS een ee

67.

flicts. Resolution of these conflicting demands is a part

of growing up.

A professional military man resolves his conflict by his

oath of allegiance. Each cadet swears that he will sup-

port the constitution; that he will bear true allegiance

to the national government; that he will defend the

sovereignty of the United States, paramount to any and

all allegiance, sovereignty or loyalty he may owe to any

state, county, or country whatsoever; and that he will at

all times obey the legal orders of his superior officers, and

the rules and articles governing the U.S. Air Force.

We all love our country, and we support the constitu-

tion—but we need something more concrete on which

to hang our loyalties. Thus we love our Air Force,

our Wing, our squadron, and our fellows that make up

these units. Our allegiance to country is realized through

these subordinate loyalties. We also love our families,

friends, teammates outside the Air Force. There need be

no real conflict here either—provided that our families,

friends, and teammates, or our fellow military men do

not ask us to violate our pledged loyalties as professional

military men. No true friend will ask this. Successful

military men nationwide can attest to this fact.

Concerning religious loyalties, most religions recognize

that a man may serve his God and still be loyal to his

military oath.

QUESTION: IS THE TOLERATION CLAUSE MERE-

LY AN EXPEDIENT? OR IS IT A MORAL VALUE?

“Expediency” is defined as something opportune, some-

thing having self-interest in the narrow sense, something

having a short range goal. Some cadets have won-

dered if the toleration clause has only an expedient

value, because it is an opportune means of enforcing

Cadet Wing sanction against lying, cheating, and steal-

ing. Some have said that “non-toleration” has no moral

value in itself, but is merely a tool to enforce a rule.

68

A moral value is concerned with a standard of right

behavior, something that is sanctioned by or operative

on one’s conscience or ethical judgment. In another

sense it also has to do with freedom from anything

petty, mean, or dubious in conduct or character.

One of the most common foundations of moral value

lies in the preservation of a civilization or a society.

That which preserves our society is moral; that which

would undermine or destroy the basic foundations of

our society is highly immoral. Thus, many of our laws

support basic moral values, or are themselves moral—

because they aim to prevent destruction of our society

or to protect important concepts upon which our nation

was founded. For example:

a. Anything which would undermine or destroy the

family unit in our civilization is considered immoral,

e.g., adultery, cruelty, desertion, etc., etc.

b. Preservation of military authority and effective

ness, in a sense becomes a moral value to those who

have taken the Oath of Allegiance. A military organi-

zation requires total loyalty in the sense of preserving

its integrity. This type of loyalty is demanded because

the military organization is essential to preservation of

the nation. One of the very fundamental rules of the

military organization is that of total integrity in the mili-

tary member. Lack of integrity destroys the organi-

zation’s effectiveness and thus endangers the country.

This is why, in a military organization, integrity is a

strong moral value. Likewise, any condonement of a

lack of integrity is recognized as being destructive of

the value of integrity, and, in turn, of the organization.

There is another facet to this problem. Is not a man of

honor, who accepts a solemn commitment, morally bound

to that commitment? An Air Force cadet commits him-

self by his Oath of Allegiance to his country—and thus

to the Air Force Cadet Wing. And, by the very fact

of remaining a cadet, he commits himself to obey the

Cadet Honor Code. To remain as a cadet, while failing

- = ~ —— + ee ee ree See. on

Pa eee Fa

~ eee

69

to accept this commitment, is, in itself, an act of dis-

loyalty—and perhaps also of immorality.

5. Excerpts from a letter to Congressman Charles E.

Bennet from C. Warren Dixon III, Class of ’66.

7 February 1965

Hon. Charles E. Bennett

US House of Representatives

Washington, D.C.

Dear Mr. Bennett,

My purpose in writing this letter is twofold; first, as one

of your appointees to the U.S. Air Force Academy, to let

you know that I was in no way involved in the recent

honor investigation, either in taking or using examina-

tion papers, or in toleration of that act. As such, I am

in the vast majority of cadets who were shocked and

very dismayed to find such a thing happening here.

Secondly, I feel that I should say something in defense

of our Honor Code, which has come under much criticism

and abuse from many quarters of late, Congress included.

Our code is a cadet code in every sense of the word. It

was designed by cadets, approved and accepted by the

Wing, is administered by cadets (under supervision of an

officer), and can be changed by voting of the Wing when-

ever we feel it necessary.

Our code states, “We will not lie, steal, or cheat, nor

tolerate among us anyone who does.” Our Honor Manual

continues, “There can be no shading, no equivocation, nc

quibbling among honorable men. Therefore a cadet who

violates the Cadet Honor Code indicates his unworthiness

to be a member of the Air Force Cadet Wing.”

It is the toleration point of our Honor Code which

comes under the most criticism. Here people’s sense

(often quite twisted) of fairness and sympathy clouds

their judgment of right and wrong. The American public

regards “Squealing” to be wrong, Communistic, and nu-

merous other derogatory things. The American public’s

WW

moral standards, to speak quite bluntly, have in some

areas degenerated to such a point as to allow rapings

and killings to occur in full public eye with no one

lifting a finger to stop such heinous acts, and refusing

to testify against those who committed these acts. Miss

Genovese’s case is one of severa! recently. To be quite

honest, the American public’s warped sense of what con-

stitutes “squealing” has led us to enforcement of the

code of criminals; and it is enforced against the public

itself.

Our Honor Code, with this point of toleration, is based

upon the precept that, in an organization dedicated to

and trusted with the responsibility of defense of the

nation, an honorable man does not perform or tolerate

dishonorable acts within that organization without being

dishonorable himself. Regardless of his intent, a person

who tolerates dishonorable acts is, in point of fact, not

an honorable person. We at the Air Force Academy want

honorable cadets—and it matters not whether the person

committed the act or tolerated it, toleration is tanta-

mount to condonation, and the person is not honorable.

We do not want him among us.

The nation trusts its officers with defense secrets, and

with huge weapons of destruction. Officers are in charge

of administering large amounts of money daily. In these

circumstances, dishonorable acts cannot be tolerated.

Would the American public like to find that because

someone had misappropriated funds, our aircraft did

not have fuel or replacement parts; and because we did

not have the parts our interceptors could not fly; but

the base commander lied that he had his commitment

responsibilities met (to avoid punishment, and to cover

up for his best friend, the procurement officer who mis-

appropriated the funds); however, the operations officer,

knowing the situation, being friends with two officers

and short on cash, reports the situation to an enemy

rather than the proper authority, and is paid off hand-

somely for his efforts—and one fine day, our defense

system is penetrated through the hole left by ‘this base

and several U.S. cities are destroyed as a result. The

‘

a

ae al

71

American public may regard this example as a bit far-

fetched, as it is. But it points up the seriousness of

toleration. This is exactly what the toleration point of

our Honor Code is about. We are training men here to

be able to meet their future responsibilities—not to pro-

tect their errant friends. Duty to your country is much

higher calling than duty to your friends. . . particularly

when the friends are involved in dishonor. Cadets here

have a duty to their country—to their Academy—and

to themselves. Representative Bennett, we do not want

to see our Honor Code destroyed by anyone. It is truly

one of the most cherished of our institutions, and we

regard it as the foundation of our Academy. Without it

we would become a government-sponsored civilian school

with military trappings, incapable of fulfilling its mission.

To those who would detract from our Honor Code, who

would condemn it as being too exacting, too harsh, or

unrealistic, may I refer you to an editorial of the Denver

Post which recently had this to say: “We believe the

honor code is proper for the Air Force Academy, that it

is, as one spokesman put it, the very heart of the

institution and the reason it succeeds. If it is too harsh a

doctrine for the average young man to live under, then

the average young man has no reason to apply for

appointment.”

That is the crux of the matter. We do not strive for

average performance here. For the sake of the nation,

we cannot afford to.

The men who founded our nation were not “average”

men. The men who provide its continuing leadership—

military as well as civilian—cannot afford to be “aver-

age.” Particularly if “average” permits rape and mur-

der on public streets, with good, “average” citizens all

around.

I feel that I have said enough for now, and taken up

enough of your valuable time. I hope that I have been

able to explain a little of what our Honor Code is, as

sketchily as I have covered it. If I have left any points

unclear or poorly covered, I would be happy to answer

72

any queries about them that you may have. There are

other sources better qualified than I, but I would cer-

tainly try my best. Thank you very much for your time

and consideration.

C. Warren Dixon III

Class of 1966

6. Excerpt from the White Comm:ttee Report to the

Secretary and the Chief of Staff of the Air Force.

The Toleration Clause

The prohibition against “toleration” which rounds out

the Cadet Honor Code is its most exacting and difficult

standard. Since “honor” is not an exclusive value, a very

real conflict may develop between personal friendship

and a higher loyalty to the Cadet Wing which the

toleration clause embodies. Here too, however, the stand-

ard which cadets exact of themselves, though far more

rigorous, is not without roots in society at large.

The moral courage of the crew member of a military or

commercial aircraft who reports that a pilot has been

drinking furnishes an example. The assistant who de-

nounces a prosecutor for withholding evidence of a de-

fendant’s innocence is another illustration. In each of

these instances, and many others, the public would con-

demn the individual for remaining silent. This is so be-

cause our commitments to society as such impose a higher

loyalty than is demanded by those who would imperil it.

Instances of this kind are reinforced and the ethical

requirements are heightened when the individual is placed

in a position of public trust. Examples include the

officer in an Air Force research and development program

charged with millions in public funds, who sees a fellow

officer stealing; or an officer in a missile complex who

condones a false report on the missiles’ state of readi-

ness; or a judge who knows that another judge has ac-

cepted a bribe; or a doctor who sees a colleague prescribe

an illegal and dangerous drug.

73

While these examples are extreme, they serve to high-

light the fact that a public servant is always confronted

by the obligation to put the welfare of the community

foremost in his scale of loyalties. The toleration clause,

in emphasizing that the Honor Code is a community

possession of the Cadet Wing, is calculated tw develop

more fully this awareness in each cadet.

In ordinary circumstances, each of us as an individual

decides when he feels bound to report the misdeed of

another. In their special circumstances, the cadets have

chosen as a group, through the toleration clause, to set

a high standard, but one not out of line for a profession

committed to public trust and mutual confidence. A

military organization depends for its success upon a deep

sense of personal responsibility by each member to the

group at large. Each subordinate community in our

society—university, profession, social club, or religious

order—has this privilege, subject only to the legal re-

straints common to all. The high calling of the Air Force

officer and the demands made by the profession of arms

lend support to the choice which the cadets have made.

To suggest that such terms as “squealer” or “informer”

are applicable is to indulge a misconception. It suggests

that future Air Force officers have no higher duty than

loyalty toward their personal friends even at the expense

of loyalty to the Air Force or the nation it is dedicated

to serve. Such epithets are rightly applied only to those

narrow relations between man and man in which larger

interests and commitments are not involved.

7. Article by Dean Alfred C. Ingersoll, School of En-

gineering, University of Southern California.*

Integrity—The Keystone of Professional Conduct

While the dean of a professional school must concern

himself with all aspects of the educational program

* Reproduced by special permission from The USC Engineer,

Vol 16, No. 3, March 1965, published by the School of Engineering,

University of Southern California.

74

undergraduate and graduate, most of this concern is fairly

remote and delegated through appropriate faculty com-

mittees. One area where he dare not sidestep direct

responsibility, however, is in the building of a keen sense

of personal integrity in every single student of his school.

Why should a dean be so much concerned with the

integrity of the students? That is, why should he be any

more concerned than the rest of the faculty? Every

faculty member is of course concerned with the integrity

of his students, but he does not stand to succeed or fail

on the measure of professional conduct of his students

as directly as does the dean.

Why should this be so? It is simply because each faculty

member has his own reputation, based upon his integrity

and professional conduct, his engineering work, his teach-

ing and his research and publications. In this case of

the dean, however, his reputation, while resting to some

extent on all of the foregoing, is still largely the reputa-

tion of the school, and the reputation of the school de-

pends on nothing so much as it depends on the profes-

sional conduct of its graduates.

In the forward to the Canons of Ethics for Engineers, ad

developed by the Engineers’ Council for Professional

Development, the matter is put succinctly:

“As the keystone of professional conduct is integrity,

the engineer will discharge his duties with fidelity

to the public, his employers and clients, and with

fairness and impartiality to all.”

The rest of the Canons of Ethics, as the reader well

knows, goes on to delineate the relations of the profes-

sional engineer with the public, clients and employers,

and with other engineers.

But let us linger on the concept of integrity. The word

comes from the same root as the word, integer, and it

means primarily a state of wholeness, unmarred from an

original pure state. From this is derived the concept of

moral soundness or honesty, which is the context in

which it is used in the Canons of Ethics.

75

An irreproachable standard of professional conduct, which

I hold to be the unasilable foundation essential for every

professional engineer, is hard to imagine in a graduate

engineer who has not lived by these same standards

while a student in engineering school.

And that is why the dean of an engineering school feels

a deep personal interest in building and strengthening

integrity in his students. It is no more complicated than

that.

Let me hasten to note here that this article is not oc-

casioned by any cheating scandal at USC—thank heaven

—or by any special feeling of need on my part for such

a sermon to be unleashed on USC engineering students.

We are seeing all about us, however, articles and letters

on this subject appearing in the public press, following

the recent serious scandal at the Air Force Academy.

Twice in a single generation have we seen a major

cheating scandal brought to light in one of our military

academies. Each instance has called forth the most rig-

orous investigations of which the military is capable. Why

should the professional military establishment be so con-

cerned with a little cheating from time to time?

This concern and the exhaustive investigations are based

precisely on the fact that there is no such thing as a

“little cheating.” We spend a good deal of time in

teaching engineering to point out that there are many

solutions to a given problem, each one correct in certain

lights. Both sides of a controversy involving engineering

decisions, for example, reveal that such a case is seldom

black or white, and the student is accustomed to think-

ing in terms of grey areas, depending on whose point of

view one has.

In the matter of personal integrity, however, there is

simply no middle ground. You either have it and live it

every day, or you have nothing. Like a coin, it is good

and commands ful! value, or it is counterfeit and worth-

less.

76

In the military profession, each person is part of a team.

The lives of all of the other members, as well as the

success of the mission as a whole, rest practically in-

dependently on the shoulders of each member. This is

of course especially applicable to military officers, com-

missioned with making independent decisions and direct-

ing the activities of others, and while it is so evidently

true during wartime, it is equally important during

peacetime. The 317 generals of the U.S. Air Force, for

example, are responsible for the proper and efficient

spending of some $49 billion of our national budget,

practically one-tenth of our Gross National Product! This

amounts to more than $150 million per general, on the

average, roughly four times the total annual budget of

the University of Southern California . . . and it is our

tax money, yours and mine.

How unthinkable it is that any link in that chain, or any

part of the chains of command leading up to those

generals, have any weak spots on the point of personal

integrity! The Air Force and all of the other profes-

sional military establishments must therefore exercise

every imaginable care to see that this sense of integrity

and honor is instilled in all personnel from the moment

they first think about a military career, and hopefully

from the moment they first learn to think for themselves.

We have only to look at other parts of the world, in the

present day as well as throughout history, to see what

havoc has been wrought through the decay of personal

integrity. The fall of the Roman Empire is but a flaming

example from antiquity. The most serious problem fac-

ing many of the poorer nations today is the lack of a

public integrity and acceptance of an income tax struc-

ture.

Much of the argument appearing in the press about the

Air Force Academy, and in recent years about West

Point, relates to the Honor Code which requires a cadet

who observes a breach of the regulations to report the

offender, though it may be another cadet he thought to

be his best friend. Parents of some of the cadets who

77

have resigned have been particularly bitter because their

sons, while not personally involved, have been caught up

in the cheating scandal through this indirect involve-

ment in the Honor Code. As representatives and gradu-

ates of the Academies have so often explained, the very

existence of an Honor Code must imply tota! involve-

ment, on the part of everyone, cadets, instructors, and

administration. The workman who is forging a chain

on which his life is going to depend is naturally going

to see that his own work is as good as it possibly can

be, and he is simply out of his mind if he does not

report a weak link that he sees in some other part of

the chain.

Now, if all can agree that personal integrity is so

essential in the military, is it any less essential in the

practice of a profession, such as engineering, where we

pledge “to place service before profit, the honor and

standing of the profession before personal advantages,

and the public welfare above all other considerations.”

Of course not!

Sometimes we say to a student who is reluctant to

report a breach of regulations involving another student,

“Think of yourself first, and how much others are in-

terested in you and in your reaching success in your life

goals. Your ‘friend,’ whom you feel bound to protect...

how much does he care about you, whether you succeed

or fail in your life’s ambition? Now consider your

School . . . how much do we care about whether you

succeed or not? We care everything, that’s how much.

Why? Because your success, your reputation, multiplied

over and over by how many there are of you, become

our success and owr reputation.” And one blemish on a

reputation can, in the nature of one bad apple in a

barrel, outweigh a thousand faultless contributions to

that reputation.

I hope I may be forgiven for putting so much emphasis

on student integrity as a means of promoting the reputa-

tion of the USC School of Engineering. It should go

without saying that we all feel a personal commitment

78

to integrity as the very foundation of any honorable

human endeavor quite aside from what it may do to

enhance our station in life. And I assume we can all

agree that engineering is among the most honorable of

human endeavors.

DISCRETION

The ultimate goal of the Honor Code is to build officers

with a personal concept of honor and integrity. In light

of this goal an honor violator who has reassessed the

importance of integrity within himself and has resolved

to live by the ideals of the Honor Code may well be an

asset to the Cadet Wing and the Air Force. For example,

a cadet may never have personally accepted the Code,

but rather considered it as sort of regulation over him;

then because of a breach of the Code, this cadet may

suddenly realize the personal importance of honor and

resolve to live honorably. For cases such as this, the

Cadet Wing has given the Honor Committee the preroga-

tive to grant discretion to a cadet who has been voted

guilty and to allow him to return to the Wing.

There are no rigid criteria for the granting of discretion,

but there are four general guidelines which the Honor

Representatives generally consider: (1) Is the man a

fourth classman? (2) Was the case self-reported? (3)

Was there some type of unusual pressure involved in the

incident? and (4) most importantly, has the cadet truly

learned the personal value of honor and resolved to live

honorably in the future. The man who has learned this

lifelong lesson of honor can be a great asset to the Wing

and the Air Force. His retention is therefore not only

justified, it is desired.

The use of discretion is reserved for very special cases. It

requires a vote of 6-2 by the Honor Board hearing the

ease in favor of granting discretion. It is through the

highly selective use of this clause that the Wing is able to

retain a truly honorable man.

79

ADMINISTRATION OF THE

CADET HONOR CODE

1. Responsibilities

a. Responsibilities of All Cadets

(1) Each cadet is responsible for establishing and

maintaining a sense of personal integrity which will

serve as a cornerstore for his life of dedication to his

country. This sense of personal integrity must be a way

of life, a standard of conduct and moral strength which

will stand firmly as an inspiration to fellow cadets at the

Academy, and to associates in the United States Air

Force after graduation.

(2) As a member of the Air Force Cadet Wing,

responsible to his comrades and to the organization and

service to which he belongs, each cadet is a guardian of

the Cadet Honor Code. If the Honor Code were not

enforced by the cadets themselves it would degenerate

into a standard enforced only by the Academy admin-

istration and the true value of the Code would be lost.

Therefore, each cadet is expected to take appropriate

action whenever he encounters an apparent breach of

the Honor Code. The procedures for this action are out-

lined in paragraph 3.

b. Responsibilities of the Honor Committee. The ef-

fective discharge of the duties and responsibilities of the

Honor Committee is necessary if the Honor Code is to

maintain the respect and support of the Cadet Wing.

These duties and responsibilities are:

(1) Conduct an honor orientation and training

course for the basic cadets during Basic Cadet Training.

(2) Conduct meetings within their squadrons dur-

ing the academic year to instruct all cadets in the

Honor Code, acquainting them with the activity of the

Honor Representatives, and advising cadets on points of

honorable conduct.

(3) Assure an appreciation and understanding of

the purpose and objective of the Honor Code among

80

cadets along with the importance of accepting the true

“spirit” of the Code in their daily activities.

(4) Guard against practices that are inconsistent

with the Honor Code.

(5) Inquire into irregularities of conduct, personal

or official, on the part of cadets which may be in violation

of the Code. When such irregularities warrant, investi-

gate the facts, and conduct honor hearings when neces-

sary.

(6) Each spring conduct an Honor Code orientation

for the cadet candidates enrolled in the Academy Prepar-

atory School.

(7) Conduct Honor Code orientations for officers

assigned to the Academy and for Academy Liaison Of-

ficers. During the fall of the year each academic de-

partment should be briefed by an Honor Representative

assigned to the individual departments.

c. Responsibilities of All Officers. By direction of

the Superintendent, all officers assigned to the Air Force

Academy are charged with the responsibility of assisting

in maintenance of the precepts of the Honor Code and

will report every breach or apparent breach of the Code

using the procedures outlined in paragraph 3.

d. Responsibilities of the Commandant’s Executive

for Honor and Ethics. The Executive for Honor and

Ethics is directly responsible to the Commandant of

Cadets for the supervision of the instructional activities,

investigations and hearings of the Honor Representa-

tives. His role is advisory in nature and his efforts

must be directed toward assisting the Honor Represen-

tatives in insuring the vitality of the Cadet Honor Code.

2. Election and Tenure of Honor Representatives. Dur-

ing the month of March the third class in each cadet

squadron will elect, by majority vote, an Honor Rep-

resentative from the third class. The elected repre-

sentatives will serve until graduation unless he is re-

lieved for cause by the Commandant. Vacancies will

be filled by election to insure that each squadron has a

first and a second class Honor Representative at all

times. Each March the Chairman, Vice Chairman, and

- Se ee, eS te A

it « oo i>

= a eee iano eee

atte wa

81

the Secretary of the Honor Committee will be elected

from the second class Honor Representatives.

3. Reports of Breaches of the Cadet Honor Code.

a. Cadets

(1) When observing a possible honor violation nor-

mally the cadet should confront the suspected cadet and

ask for an explanation. This procedure often clarifies

whether a violation has in fact been committed, en-

courages the violator to manfully accept his obligation

to report himself, and gives him the opportunity to do

so. Sometimes it is more appropriate to report directly

to an Honor Representative. The course to be taken

is left a matter of judgment for the cadet concerned.

(2) After personally confronting the suspected cadet,

a cadet should report the matter to an Honor Repre-

sentative if the suspected cadet has in fact breached

the Honor Code and has not, or apparently will not,

report nimself.

(3) When an incident requires further investiga-

tion it will be referred to the Chairman of the Honor

Committee by the Honor Representative. The Chairman

will appoint an investigation team as outlined in para-

graph 4.

b. Officers

(1) When an AOC discovers an apparent breach

of the Cadet Heaor Code he will report it to his squad-

ron Honor Representative or to the Executive for Honor

and Ethics.

(2) Faculty and Department of Athletics—When an

officer assigned to an academic department or to the

Department of Athletics discovers an apparent breach of

the Cadet Honor Code, he should:

(a) Report the facts of the case to the depart-

menta! Honor Liaison Officer.

(b) The departmental Honor Liaison Officer will

inform the department head and the assigned Cadet

Honor Representative of the suspected breach. The fac-

82

ulty Honor Liaison Officers will also inform the faculty

Honor Liaison Coordinator of the case.

(c) The departmental Cadet Honor Representa-

tive will inform the Executive for Honor and Ethics and

proceed with the investigation. He will also insure that

all concerned parties are informed of the outcome of the

investigation as soon as practical.

(3) All other officers who discover apparent breach-

es of the Cadet Honor Code will report the fact directly

to the Executive for Honor and Ethics (COCHE).

4. Conduct of an Honor Investigation.

a. Purpose of an Investigation. The purpose of the

investigation is to evaluate the circumstances of a case

to determine whether the incident should be considered

by an Honor Board. The team, in conjunction with the

Chairman of the Honor Representatives, has the au-

thority and responsibility to drop from further consid-

eration any incident wherein it is determined that an

honor violation did not occur. If the team believes a

hearing by an Honor Board is necessary, they will

provide the available evidence and information for the

Board’s consideration.

b. Investigation Procedures. In the conduct of an in-

vestigation, thoroughness is more important than speed

but the matter should be completed without unneces-

sary delay. The Legal Advisor to the Honor Committee

should be consulted in each case to assist in investigations.

(1) Before taking any testimony from a witness

or accused cadet the investigation team will satisfy the

requirements of Article 31, UCMJ. Written statements

should be taken from all witnesses as well as from the

accused during the investigation.

(2) All persons who may have relevant informa-

tion will be interviewed by the investigating team. The

importance of a thorough and impartial investigation

cannot be overemphasized.

(3) If the investigation reveals that there has been

no breach of the Cadet Honor Code, the case will be

dropped. If such an investigation was originated by a

report from an officer, the Executive for Honor will

an at hell ie

on ee. be ot hee EE AD NE EO A

aimee erie nena anal ne ee nee nin, |

83

inform that officer through the same channel by which

the incident was first reported. The appropriate investi-

gating cadet will immediately return any evidence or

documents which may have been received from an Honor

Liaison Officer. Prompt action in possible cheating

incidents is especially necessary to prevent unnecessary

withholding of a cadet’s grade and/or constraint of an

instructor.

(4) If the investigation reveals the probability that

a breach has been committed, one of the investigators

and the Executive for Honor will brief the Commandant,

and the case will be referred to the Honor Representa-

tives for a hearing.

5. Conduct of an Honor Hearing. When an honor hear-

ing is determined to be appropriate an Honor Board

will be constituted by the Honor Committee Chairman.

The Board will consist of eight First Class Honor Rep-

resentatives selected from squadrons other than that of

the accused cadet.

a. At the hearing the accused cadet will again be ad-

vised of his rights under Article 31, UCMJ.

b. The accused cadet will be given full opportunity

to call witnesses of his choosing and to present testi-

mony in his own behalf.

ce. If a witness’ account of the incident or situation

conflicts with that of the accused, the witness shall pre-

sent his testimony to the Honor Board in the presence

of the accused.

d. After hearing all relevant testimony the accused

will be dismissed from the room and the Board will

discuss the case. When the discussion is complete the

Honor Board will vote by secret ballot. An unanimous

vote of 8-0 is required to find a man guilty.

e. Following a guilty vote the Honor Board may, in

rare cases, grant “discretion.” A “discretion” vote by

the Board indicates their conviction that the man has

learned a lifelong lesson and that he will thereafter

uphold the ethical standards of the Wing. When voting

for discretion the Board should consider foremost the

best interest of the Cadet Wing and of the United States

84

Air Force. A positive vote of six of the eight Board

members is required to grant “discretion.”

f. A cadet found “not guilty” or one granted “discre-

tion” will be returned to the Wing in good standing.

g. A cadet found “guilty” is expected to resign from

the Academy. However, prior to submitting his resigna-

tion, he will be given legal counsel by a Staff Judge Advo-

cate. That officer explains the rights and privileges

available to the cadet. He makes it clear that resignation

is not mandatory and that the cadet should not resign

unless he is in fact guilty and ready to admit it. If

the cadet elects not to resign he may meet a Board of Of-

ficers or a Court Martial.

h. If a man elects to resign he will be processed out

as soon as possible.

6. Announcement of Proceedings.

a. Appropriate information about not guilty cases or

cases resulting in the granting of “discretion” will be

given to the Wing. Such information will be general in

nature to avoid revealing identities of those involved.

b. Information about cases resulting in a finding of

“guilty” will be fully briefed in all squadrons after the

cadet involved has departed the Academy. Such cases

will be analyzed and discussed in the interest of pre-

venting similar cases, and to keep the Wing informed

on the operation and vitality of the Honor Code.

SPIRIT OF HONOR

“We will not lie, steal, or cheat, nor tolerate among us

anyone who does.”

This is our Honor Code. It is not meant to provide a

complete set of ethical standards for life; it is a mini-

mum standard, a cornerstone or foundation upon which

each cadet can build toward a much higher ethical and

moral plane. The Code itself is realistic if every cadet

accepts and upholds the true spirit of our code of honor.

It is livable, as is easily seen in the bonds of trust

which exist among all cadets. The truly honorable cadet

a ee ee

85

will not hide behind his Code, nor will he try to live

by only these bare minimums. Every cadet must under-

stand and respect the Honor Code and should expect

every other cadet to regard the Code highly if it is to

remain something to be proud of.

The proper prospective for our Code comes by viewing

it as the basis of a solid structure of ethical and moral

rules and guidelines. Conduct should not be determined

simply by whether an act is specifically an honor viola-

tion; if you are in doubt about an act being honorable,

ask yourself what the most honorable action would be

and then set your own path. The spirit of honor should

always be your guide.

- THE AIR FORCE CADET WING

86

AIR FORCE CADET WING MANUAL

Personnel

THE ETHICS MANUAL

1 MARCH 1965

THE AIR FORCE CADET WING—USAF ACADEMY

87

AIR FORCE CADET WING MANUAL

NR. 30-2

THE AIR FORCE CADET WING,

USAF ACADEMY COLORADO

1 March 1965

Personnel

THE ETHICS MANUAL

PURPOSE: This manual prescribes policy and proce-

dures for the Cadet Professional Ethics Committee, and

defines its functions.

CONTENTS

Page Paragraph

CHAPTER I—POLICY AND

RESPONSIBILITIES

Policy 1 1

Procedures 1 2

Responsibilities 1 3

CHAPTER II—THE PROFESSIONAL

ETHICS PROGRAM

Purpose of this Manual 3 4

Purpose of Committee 3 5

CHAPTER III—CONSTITUTION OF THE

CADET PROFESSIONAL

ETHICS COMMITTEE

Appointment of Members 5 6

Recommendations for Membership in the

Committee 5 7

CHAPTER IV—FUNCTIONS OF THE CADET

PROFESSIONAL ETHICS

COMMITTEE

Primary Responsibilities 7 8

Committee Functions 7 9

88

CHAPTER V—ADMINISTRATIVE

PROCEDURES

Official Status 9

Officer in Charge 9

Assistant Officer in Charge 9

Command Procedures 9

This manual supersedes AFCWM 30-2, 2 April 1962.

OPR: CWH

10

11

12

13

89

CHAPTER I

POLICY AND RESPONSIBILITIES

1. Policy. A Cadet Professional Ethics Committee is

authorized and constituted by the Commandant of Cadets

to provide guidance in the improvement of ethical stand-

ards and practices within The Air Force Cadet Wing.

2. Procedure. As directed in Special Orders, the Cadet

Professional Ethics Committee is recognized as an official

cadet agency under the direction of the Commandant of

Cadets and will function as described herein in the execu-

tion of their assigned responsibilities.

3. Responsibility. Each cadet is responsible for estab-

lishing and maintaining a sense of personal integrity

which will serve as a cornerstone for his life of dedicated

service to his country. Each cadet should adhere to the

basic principles of the Cadet Honor Code and develop

above those standards a sense of personal ethics com-

mensurate with the high standards of personal conduct

required by the Air Force Cadet Wing. This sense of

Honor, Ethics, and overall personal integrity should be a

way of life, a standard of conduct and moral strength

which will stand firmly as an inspiration to all United

States Air Force officers.

CHAPTER II

THE PROFESSIONAL ETHICS PROGRAM

4. Purpose of this Manual. This manual provides for

the establishment of a permanent Cadet Professional

Ethics Committee under the Commandant of Cadets

which, at the cadet level, will be responsible for the

improvement of cadet ethical and moral standards.

5. Purpose of the Cadet Professional Ethics Committee

(CPEC). The purpose of the Cadet Professional Ethics

Committee (CPEC) is to further the cadet’s awareness

of a need for the application of professional ethics, and,

90

by developing ethical courage, improve personal and group

ethical standards, foster a strong sense of duty and

extend the high ideals of the Honor Code. In doing this,

the Committee seeks the development of the individual

toward the goal of a Professional Military Man, a man

whose personal, moral and social conduct reflects the

highest qualities of character and manhood. As a pro

fessional military servant of his nation, his life is dedi-

cated to the service of his country and the preservation

of its principles. This duty is his honor.

CHAPTER III

CONSTITUTION OF THE CADET PROFESSIONAL

ETHICS COMMITTEE

6. Appointment of Members. The CPEC shall be com-

posed of one First Classman and one Second Classman per

Cadet Squadron. Second Class members shall be elected

annually on 15 September by the Second Classmen of

each squadron. The election of these members shall

be subject to the approval of the Commandant of Cadets,

through the Squadron and Group Air Officers Command-

ing. Upon such approval, the recommended cadets will

attain full status as CPEC members. The remainder of

their Second Class year will be used for training and

indoctrination into the responsibilities and functions of

the Committee. The Chairman and Secretary of the

CPEC will be elected annually by the Second Class mem-

bers of the Committee on or before 1 February. They

will assume the duties of the Chairman and Secretary

upon the graduation of the preceding class and retain

these positions until the graduation of their class.

7. Recommendations for Membership in the Committee.

Nominees to the Cadet Professional Ethics Committee

must be in good military standing. Members may be re-

moved from the Committee at any time, if in the opinion

of the Commandant of Cadets or the majority of the

Committee, their performance warrants. Replacement

members will be elected in the manner described in

paragraph 6.

91

CHAPTER IV

FUNCTIONS OF THE CADET PROFESSIONAL

ETH'CS COMMITTEE

8. Primary Responsibilities. The two primary responsi-

bilities of the Cadet Professional Ethics Committee are:

a. To recommend, prepare, and conduct formal and

informal instruction in Cadet Professional Ethics under

the supervision and guidance of the Commandant of

Cadets.

b. To keep the Commandant of Cadets, the AOC Chain

of Command and the Cadet Chain of Command informed

of the ethical problems in the AFCW and to keep the

Commandant of Cadets informed of the progress of

ethical training in the Cadet Wing through his designated

chain of command.

9. Committee Functions. Routine functions of the Cadet

Professional Ethics Committee shali include, but are not

limited to, the following responsibilities:

a. Recommend, prepare, and conduct formal Cadet

Professional Ethics Instruction for the Cadet Wing.

b. Bring problem areas of an ethical nature to the

attention of the Cadet Wing and recommend to the chain

of command possible solutions commensurate with the

ideals of a Professional Military Man.

* c. Conduct Ethics Committee Disciplinary Boards in

accordance with AFCR 35-6, paragraph 33f.

d. Be responsible for monitoring and assisting in the

improvement of the ethical and moral standards of the

individual cadets within the squadron. The Squadron

Ethics Representative, each committee member, must

strive to establish himself as meriting the confidence of

those cadets having a personal problem which they do

not wish to discuss outside the Cadet Wing and which

does not involve the Cadet Honor Code. The Squadron

Ethics Representative and the Squadron Honor Rep-

resentative will coordinate their efforts to insure that

92

each cadet in their squadron receives the proper type of

guidance in matters of Honor and Ethics.

e. Coordinate committee responsibilities by working

closely with allied agencies, such as the Honor Committee,

Chaplains, and Hostess in areas of overlapping cogni-

zance.

f. The Squadron Professional Ethics Representative

may appear as a witness before a disciplinary board at

the request of the offender or at his own request.

g. The Chairman of the CEPC or his designated rep-

resentative will attend Honor Committee hearings and

Honor Committee meetings at the request of the Chair-

man, Cadet Honor Committee.

h. The Chairman of the CPEC or his designated rep-

resentative may witness the proceedings of the Com-

mandant’s Disciplinary Boards for the purpose of col-

lecting information concerning the offender’s ethical con-

duct in committing his offense. This information may be

used, when appropriate, in the ethical training of the

Cadet Wing.

CHAPTER V

ADMINISTRATIVE PROCEDURE

10. Official Status. The Cadet Professional Ethics Com-

mittee shall be recognized as an official cadet agency,

under the Commandant of Cadets, for the guidance and

improvement of ethical and moral standards within the

Air Force Cadet Wing.

*% 11. Officer in Charge. The Executive for Honor and

Ethics shall be the Officer in Charge, Cadet Professional

Ethics Committee.

*% 12. Officer Advisor. The Officer Advisor, Cadet Pro-

fessional Ethics Committee, shall be a Squadron Air

Officer Commanding so appointed by the Commandant of

Cadets. He will have authority to supervise CPEC func-

tions, and will be responsible to the Executive for Honor

and Ethics.

ee

% 13. Command Procedures. The Cadet Professional

Ethics Committee shall be responsible to the Commandant

of Cadets through CWH, for the formal portion of Ethics

Training and for routine functions relating to the ethical

status of the Air Force Cadet Wing. The scheduling

of formal training will be coordinated with the Wing

Training Officer and CWO.

ROBERT W. STRONG, JR.

Brigadier General, USAF

Commandant of Cadets

OFFICIAL:

/s/ James M. Adams

JAMES M. ADAMS

CWO, W4, USAF

Administrative Officer

94

DEPARTMENT OF THE AIR FORCE

The Air Force Cadet Wing (USAFA)

USAF Academy Colorado 80840

CHANGE 1

AFCWM 30-2

30 April 1971

Personnel

THE ETHICS MANUAL

AFCWM 30-2, 1 March 1965, is changed as follows:

1. Page Changes. New or revised material is indicated

by.

Remove Date Insert

7&9 1 Mar 65 7&9

2. Pen-and-Ink Changes:

Page Paragraph Action

1 Lower Left-hand Corner Change OPR: “CDOT” to

“CWH”

5 6, Line 5 Change “September” to

“October”

5 6, Line 17 Change “February” to “April”

8. Filing. After posting the changes, file this change

sheet in back of the manual.

OFFICIAL WALTER T. GALLIGAN

Brig General, USAF

Commandant of Cadets

JOHN W. TRIBBLE, SMSgt, USAF

Chief, Cadet Administration Division

- OE oe

- a ee

95

DEPARTMENT OF THE AIR FORCE

THE AIR FORCE CADET WING

USAF ACADEMY, COLORADO 80840

1 July 1970

SUBJECT: Honor Operating Instructions

TO: Honor Representatives

The attached instructions are established for the proper

handling of Honor Investigations and Hearings and the

handling of cadets involved in honor cases. The instruc-

tions include provisions from the Cadet Honor Reference

Manual and AFR 53-30 and are directive upon the

Cadet Honor Committee. The instructions are listed un-

der the following headings:

OPERATING

INSTRUCTION # SUBJECT

1 Conduct of Investigations

Conduct of Honor Hearings

3 Procedures for Guilty Cases

4 Honor Records

5 Honor Reading File

/s/ Randall G. Craig

RANDALL G. CRAIG, CIC, TAFCW

Chairman, Cadet Honor Committee

96

DEPARTMENT OF THE AIR FORCE

EXECUTIVE FOR HONOR AND ETHICS, COC

USAF Academy Colorado 80840

HONOR OPERATION INSTRUCTION 1

1 July 1970

INVESTIGATION OF ALLEGED VIOLATION

OF THE HONOR CODE

This operating instruction outlines the procedures to be

used by the Honor Committee in the investigation of sus-

pected violations of the Cadet Honor Code.

1. Suspected violations of the Cadet Honor Code will be

referred to the Chairman of the Honor Committee who

will appoint a three-man team to investigate the incident.

a. This team will seek to find and evaluate the facts

and determine whether the situation warrants an honor

hearing. The team will normally be composed of two

First Class and one Second Class Honor Representatives.

b. When appropriate a member of the Professional

Ethics Committee may be included on the team.

c. Where possible the First Class Honor Representa-

tive from the suspected cadet’s squadron will be included

on the team.

d. In cases involving an academic department the De-

partment Liaison Honor Representative will be assigned

as a member of the investigation team.

e. The investigating team will contact the Honor Com-

mittee legal advisor for advice on the conduct of the

investigation.

2. Before taking any testimony from the accused cadet,

the investigators will advise him of his rights to remain

silent as outlined in Article 31 of the UCMJ. He will be

further advised that anything he does say may be used

against him in further proceedings.

3. The investigation team will interview and take testi-

mony from all persons who may have information re-

garding the alleged offense.

PS ee ee

97

4. If the facts and testimony of the case so dictate, the

investigation team may decide to drop the case. Follow-

ing such a decision all parties, officers and cadets, in-

volved in the case should be so notified.

5. If the investigation team and the Chairman of the

Honor Committee feel that an honor hearing is re-

quired, the accused cadet will be so advised and the

Commandant will be briefed on the case by a member

of the investigating team. Following this briefing, the

hearing will be scheduled as soon as possible.

a. All hearings will be open unless there are extenu-

ating circumstances which dictate a closed hearing. The

investigating team will decide whether the hearing will

be open or closed.

b. The investigating team will advise the accused cadet

that he may call any witnesses he desires to testify in his

behalf at the honor hearing.

ce. The investigating team will arrange to have all

witnesses available to testify at the hearing whenever

possible.

/s/ Randall G. Craig

RANDALL G. CRAIG, CIC, TAFCW

Chairman, The Cadet Honor Committee

98

DEPARTMENT OF THE AIR FORCE

EXECUTIVE FOR HONOR AND ETHICS, COC

USAF Academy Colorado 80840

HONOR OPERATION INSTRUCTION 2

1 July 1970

PROCEDURES FOR HONOR HEARING

This operating instruction outlines the procedures to be

used by the Honor Committee in the conduct of an honor

hearing.

1. When a hearing is scheduled the Honor Committee

Recorder will schedule eight honor representatives from

other than the accused’s squadron to hear the case as

voting members of an Honor Board. Until Recognition

Day each spring only first class honor representatives

will vote on honor cases. After Recognition Day the

second class honor committee will assume responsibility

for the administration of the Honor Code and will hear

and vote on all cases except those where the accused is a

first classman. In first class cases, first class honor rep-

resentatives will always be used to constitute an Honor

Board.

2. Two second class honor representatives will be sched-

uled for Sergeant-at-Arms duty. The Sergeants-at-Arms

will take roll and maintain order.

8. A First or Second Class Honor or Ethics Representa-

tive from each squadron will attend each hearing. If the

hearing is to closed only Honor or Ethics Representatives

will be admitted. If the hearing is to be open each squad-

ron may send two cadets to the hearing.

4. The honor hearing will be presided over by the Chair-

man, Vice Chairman, or the Secretary of the Honor Com-

mittee. The Chairman of a particular Honor Board will

not vote unless his vote is needed for the required eight

voting board members. Prior to the appearance of the

accused cadet, the Chairman will read the prehearing in-

structions to all present. (See Attachment HOI 2-1).

99

5. At the hearing the Chairman will advise the accused

cadet of his rights under Article 31, UCMJ, and give him

an opportunity to object to any of the cadets selected to

vote on his case. His objection will be heard and voted

upon by a majority vote of the Board. He will be read

the instructions contained in Attachment HOI 2-2.

6. A member of the investigation team will brief the

board on the facts of the case in the presence of the

accused cadet. The accused cadet will then be asked to

give the board his explanation of the situation. If he

elects to testify, he may be questioned by the board con-

cerning any aspects of the case. Following his own testi-

mony, the accused cadet may call any person to testify

in his behalf. All testimony concerning the case will

be given in the presence of the accused cadet. The wit-

nesses will remain outside the hearing rocm until they

are called in for their testimony. All witnesses will be

subject to the board’s questioning and will be seated at

the table with the board. Any cadet present at the hear-

ing who desires to testify will be allowed to do so in

the above-stated manner.

7. During the hearing of testimony, any cadet present

may submit to his Honor or Ethics Representative any

question he may have regarding the case. These ques-

tions should be submitted in writing. If the Honor Rep-

resentative feels that the question is appropriate to the

case he passes the written question to the Chairman

through the Sergeant-at-Arms. The Chairman will then

ask the accused or any witness the question.

8. Following the open question period, the board. will be

closed for deliberations. All persons other than Honor or

Ethics Representatives will be asked to leave the room

and the results of the deliberations will be briefed by the

squadron represertative present.

9. Throughout the investigation and hearing of the case

an accused cadet will be presumed innocent until proven

guilty.

100

10. During deliberations the board will discuss and vote

by secret ballot on the guilty or innocence of all viola-

tions considered. Any questions or comments from the

Honor or Ethics Representatives present will be made

at any time.

11. A verdict of guilty must be unanimous on the part

of all eight voting members of the board.

12. If the verdict is guilty, the board may consider

granting “discretion.” The general guidelines for dis-

cretion are:

a. The incident is self-reported.

b. The accused cadet is a Fourth Classman.

ec. S

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.