MEMORANDUM FOR DISTRIBUTION C

Memorandum is mandatory. To the extent its directions are inconsistent with other Air Force publications, the information herein prevails, in accordance with AFI 33-360, Publications and Forms Management. Current guidance in AFI 51-201 remains in effect with the following changes: Change to para 4.1.2.2. Qualification of the IO. Unless precluded by military necessity or other compelling circumstance, the IO should be senior in rank to the accused. An IO must be a designated judge advocate. An IO may be a reserve judge advocate on active duty or performing inactive duty training. ANG judge advocates must be on Title 10 orders to serve as an IO. The accuser may not act as IO. The IO must be impartial. Before appointing an officer to serve as an IO, the convening authority should consider the appointment in the context of the officer’s normally assigned duties and assess whether the IO’s impartiality could be questioned based on his/her relationship with the case, the parties, and the base legal office. (ADD New) 4.5.4. When drafting pretrial advice, SJAs should understand the difference between a specification with litigation risk that is warranted by the evidence versus a specification that is unwarranted by the evidence. The language "the specification i