Appendix F to Part 516 - Glossary
32:3.1.1.1.4.12.11.1.6 : Appendix F
Appendix F to Part 516 - Glossary Abbreviations AAFES: Army and Air
Force Exchange Service AMEDD: Army Medical Department AFARS: Army
Federal Acquisition Regulation Supplement ASBCA: Armed Services
Board of Contract Appeals AUSA: Assistant United States Attorney
CFR: Code of Federal Regulations COE: United States Army Corps of
Engineers DA: Department of the Army DFARS: Defense Federal
Acquisition Regulation Supplement DOD: Department of Defense DOJ:
Department of Justice. In this regulation, reference to DOJ means
either United States Attorneys' Offices or The (main) Department of
Justice in Washington, DC DCIS: Defense Criminal Investigative
Service e.g.: An abbreviation for
exempli gratia, meaning
“for example”
et seq.: An abbreviation for
et
sequentes, meaning “and the following” FAR: Federal Acquisition
Regulation FAX: Facsimile Transmission FBI: Federal Bureau of
Investigation Fed. R. Civ. P.: Federal Rules of Civil Procedure
Fed. R. Crim. P.: Federal Rules of Criminal Procedure FOIA: Freedom
of Information Act GAO: General Accounting Office HQDA:
Headquarters, Department of the Army
i.e.: An abbreviation
for
id est, meaning “that is” IG: Inspector General JA:
Judge Advocate MACOM: Major Command MSPB: Merit Systems Protection
Board NAF: Nonappropriated Fund OTJAG: Office of The Judge Advocate
General OSC: Office of Special Counsel PFA: Procurement Fraud
Advisor PFCRA: Program Fraud Civil Remedies Act PFD: Procurement
Fraud Division PFI: Procurement Fraud or Irregularities RJA:
Recovery Judge Advocate SAUSA: Special Assistant U.S. Attorney SJA:
Staff Judge Advocate TDY: temporary Duty TJAG: The Judge Advocate
General UCMJ: Uniform Code of Military Justice USACIDC: U.S. Army
Criminal Investigation Command USALSA: U.S. Army Legal Services
Agency USARCS: U.S. Army Claims Service USATDS: U.S. Army Trial
Defense Service USMA: United States Military Academy U.S.C.: United
States Code Terms Active Duty
Full-time duty in the active military service of the United
States. Includes: full-time training duty; annual training duty;
active duty for training; attendance, while in the active military
service, at a school designated as a Service School by law or by
the Secretary of the military department concerned; and,
attendance, while in the active military service, at advanced civil
schooling and training with industry. It does not include full-time
National Guard duty under Title 32, United States Code.
Army Activities
Activities of or under the control of the Army, one of its
instrumentalities, or the Army National Guard, including activities
for which the Army has been designated the administrative agency,
and those designated activities located in an area in which the
Army has been assigned single service claims responsibility by DOD
directive.
Army Property
Real or personal property of the United States or its
instrumentalities and, if the United States is responsible
therefore, real or personal property of a foreign government which
is in the possession or control of the Army, one of its
instrumentalities, or the Army National Guard, including property
of an activity for which the Army has been designated the
administrative agency, and property located in an area in which the
Army has been assigned single service claims responsibility.
Centralized Organization
That organization of a DOD component responsible for
coordinating and monitoring of criminal, civil, contractual, and
administrative remedies relating to contract fraud. For DOD
components other than the Army, the Centralized organizations are
as follows: the Office of General Counsel, Department of the Air
Force; the Office of the Inspector General, Department of the Navy;
and the Office of General Counsel, Defense Logistics Agency.
Claim
The Government's right to recover money or property from any
individual, partnership, association, corporation, governmental
body, or other legal entity (foreign and domestic) except an
instrumentality of the United States. A claim against several joint
debtors or tortfeasors arising from a single transaction or
incident will be considered one claim.
Claims Officer
A commissioned officer, warrant officer, or qualified civilian
employee designated by the responsible commander and trained or
experienced in the conduct of investigations and the processing of
claims.
Corruption
Practices that include, but are not limited to, solicitation,
offer, payment, or acceptance of bribes or gratuities; kickbacks;
conflicts of interest; or unauthorized disclosure of official
information related to procurement matters.
Counsel for Consultation
An attorney, provided by DA at no expense to the military member
or civilian employee, who will provide legal advice to the witness
concerning the authority of OSC, the nature of an OSC interview and
their individual rights and obligations. The counsel may accompany
the witness to the interview and advise the witness during the
interview. No attorney-client relationship is established in this
procedure.
Counsel for Representation
An attorney, provided by DA at no expense to the military member
or civilian employee, who will act as the individual's lawyer in
all contacts with the MSPB and the OSC during the pendancy of the
OSC investigation and any subsequent OSC initiated action before
the MSPB. An attorney-client relationship will be established
between the individual and counsel for representation.
DA Personnel
DA personnel includes the following:
a. Military and civilian personnel of the Active Army and The
U.S. Army Reserve.
b. Soldiers of the Army National Guard of the United States
(Title 10, U.S.C.) and, when specified by statute or where a
Federal interest is involved, soldiers in the Army National Guard
(Title 32, U.S.C.). It also includes technicians under 32 U.S.C.
709(a)(d).
c. USMA cadets.
d. Nonappropriated fund employees.
e. Foreign nationals who perform services for DA overseas.
f. Other individuals hired by or for the Army.
Debarment
Administrative action taken by a debarring authority to exclude
a contractor from Government contracting and Government-approved
subcontracting for a specified period.
Deciding Official (Chapter 7)
SJA, legal adviser, or Litigation Division attorney who makes
the final determination concerning release of official
information.
DOD Criminal Investigation Organizations
Refers to the USACIDC; the Naval Investigative Service; the U.S.
Air Force Office of Special Investigations; and the Defense
Criminal Investigative Service, Office of the Inspector General,
DOD.
Fraud
Any intentional deception of DOD (including attempts and
conspiracies to effect such deception) for the purpose of inducing
DOD action or reliance on that deception. Such practices include,
but are not limited to, the following: bid-rigging; making or
submitting false statements; submission of false claims; use of
false weights or measures; submission of false testing
certificates; adulterating or substituting materials; or conspiring
to use any of these devices.
Improper or Illegal Conduct
a. A violation of any law, rule, or regulation in connection
with Government misconduct; or
b. Mismanagement, a gross waste of funds, an abuse of authority,
or a substantial and specific danger to public health or
safety.
Information Exempt From Release To The Public
Those categories of information which may be withheld from the
public under one or more provisions of law.
Judge Advocate
An officer so designated (AR 27-1).
Legal Adviser
A civilian attorney who is the principal legal adviser to the
commander or operating head of any Army command or agency.
Litigation
Legal action or process involving civil proceedings,
i.e., noncriminal.
Litigation in Which The United States Has an Interest
a. A suit in which the United States or one of its agencies or
instrumentalities has been, or probably will be, named as a
party.
b. A suit against DA personnel and arises out of the
individual's performance of official duties.
c. A suit concerning an Army contract, subcontract, or purchase
order under the terms of which the United States may be required to
reimburse the contractor for recoveries, fees, or costs of the
litigation.
d. A suit involving administrative proceedings before Federal,
state, municipal, or foreign tribunals or regulatory bodies that
may have a financial impact upon the Army.
e. A suit affecting Army operations or which might require,
limit, or interfere with official action.
f. A suit in which the United States has a financial interest in
the plaintiff's recovery.
g. Foreign litigation in which the United States is bound by
treaty or agreement to ensure attendance by military personnel or
civilian employees.
Medical Care
Includes hospitalization, outpatient treatment, dental care,
nursing service, drugs, and other adjuncts such as prostheses and
medical appliances furnished by or at the expense of the United
States.
Misdemeanor
An offense for which the maximum penalty does not exceed
imprisonment for 1 year. Misdemeanors include those offenses
categorized as petty offenses (18 USC § 3559).
Official Information
All information of any kind, however stored, that is in the
custody and control of the Department of Defense, relates to
information in the custody and control of the Department, or was
acquired by DoD personnel as part of their official duties or
because of their official status within the Department while such
personnel were employed by or on behalf of the Department or on
active duty with the United States Armed Forces.
Operating Forces
Those forces whose primary missions are to participate in combat
and the integral supporting elements thereof. Within DA, the
operating forces consist of tactical units organized to conform to
tables of organization and equipment (TOE).
Personnel Action
These include -
a. Appointment.
b. Promotion.
c. Adverse action under 5 U.S.C. 7501 et seq. or other
disciplinary or corrective action.
d. Detail, transfer, or reassignment.
e. Reinstatement.
f. Restoration.
g. Reemployment.
h. Performance evaluation under 5 U.S.C. 4301 et seq.
i. Decision concerning pay, benefits, or awards, or concerning
education or training if the education or training may reasonably
be expected to lead to an appointment, promotion, performance
evaluation, or other personnel action.
j. Any other significant change in duties or responsibilities
that is inconsistent with the employee's salary or grade level.
Private Litigation
Litigation other than that in which the United States has an
interest.
Process
The legal document that compels a defendant in an action to
appear in court; e.g., in a civil case a summons or subpoena, or in
a criminal case, a warrant for arrest, subpoena or summons.
Prohibited Personnel Practice
Action taken, or the failure to take action, by a person who has
authority to take, direct others to take, recommend, or approve any
personnel action -
a. That discriminates for or against any employee or applicant
for employment on the basis of race, color, religion, sex, national
origin, age, handicapping condition, marital status, or political
affiliation, as prohibited by certain specified laws.
b. To solicit or consider any recommendation or statement, oral
or written, with respect to any individual who requests, or is
under consideration for, any personnel action, unless the
recommendation or statement is based on the personal knowledge or
records of the person furnishing it, and consists of an evaluation
of the work performance, ability, aptitude, or general
qualifications of the individual, or an evaluation of the
character, loyalty, or suitability of such individual.
c. To coerce the political activity of any person (including the
providing of any political contribution or service), or take any
action against any employee or applicant for employment as a
reprisal for the refusal of any person to engage in such political
activity.
d. To deceive or willfully obstruct any person with respect to
such person's right to compete for employment.
e. To influence any person to withdraw from competition for any
position for the purpose of improving or injuring the prospects of
any other person for employment.
f. To grant any preference or advantage not authorized by law,
rule, or regulation to any employee or applicant for employment
(including defining the scope or manner of competition or the
requirements for any position) for the purpose of improving or
injuring the prospects of any particular person for employment.
g. To appoint, employ, promote, advance, or advocate for
appointment, employment, promotion, or advancement, in or to a
civilian position any individual who is a relative (as defined in 5
U.S.C. 3110) of the employee, if the position is in the agency in
which the employee is serving as a public official or over which
the employee exercises jurisdiction or control as an official.
h. To take or fail to take a personnel action with respect to
any employee or applicant for employment as a reprisal for being a
whistleblower, as defined below.
i. To take or fail to take a personnel action against an
employee or applicant for employment as a reprisal for the exercise
of any appeal right granted by law, rule, or regulation.
j. To discriminate for or against any employee or applicant for
employment on the basis of conduct that does not adversely affect
the performance of the employee or applicant or the performance of
others.
k. To take or fail to take any other personnel action if the
taking of, or failure to take, such action violates any law, rule,
or regulation implementing, or directly concerning, the merit
system principles contained in 5 U.S.C. 2301.
Prosecutive Authorities
These include -
a. A U.S. Attorney;
b. A prosecuting attorney of a State or other political
subdivision when the U.S. Attorney has declined to exercise
jurisdiction over a particular case or class of cases; and
c. An SJA of a general court-martial convening authority
considering taking action against a person subject to the UCMJ.
Recovery JA
A JA or legal adviser responsible for assertion and collection
of claims in favor of the United States for property claims and
medical expenses.
Significant Case of Fraud and Corruption
A procurement fraud case involving an alleged loss of $100,000
or more; all corruption cases related to procurement that involve
bribery, gratuities, or conflicts of interest; any defective
products or product substitution in which a serious hazard to
health, safety or operational readiness is indicated, regardless of
loss value; and, any procurement fraud case that has received or is
expected to receive significant media coverage.
Staff Judge Advocate
An officer so designated (AR 27-1). The SJA of an installation,
a command or agency reporting directly to HQDA, or of a major
subordinate command of the U.S. Army Materiel Command, and the
senior Army JA assigned to a joint or unified command.
Subpoena
A process to cause a witness to appear and give testimony, e.g.,
at a trial, hearing, or deposition.
Suspension
Administrative action taken by a suspending authority to
temporarily exclude a contractor from Government contracting and
Government-approved subcontracting.
Suspension and Debarment Authorities
Officials designated in DFARS, section 9.403, as the authorized
representative of the Secretary concerned.
Tortfeasor
A wrongdoer; one who commits a tort.