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What is abuse of authority?

  • Published
  • By Col. Charles D. Corpman
  • 20th Fighter Wing Inspector General
In a previous fraud, waste, and abuse article, I discussed resource abuse. Now, I’d like to turn to abuse of authority. The following is extracted from the latest Air Force Judge Advocate General guidance to Air Force Inspectors General. I recommend that commanders, first sergeants, and supervisors use the JAG’s “test” to sanity check actions they are considering.

Abuse of authority is not a catch-all standard for actions that don’t seem “fair.” While actions may not be fair, they don’t always rise to the level of abuse of authority. Abuse of authority requires wrongdoing that had an impact either on the complainant (adverse loss) or subject (positive gain).

AFI 90-301 defines “abuse of authority” as an arbitrary or capricious exercise of power by a military member or a federal official or employee that adversely affects the rights of any person or that results in personal gain or advantage to the abuser. This can be summarized into a test for abuse of authority:

1. Did the responsible management official’s actions either:
     a. Adversely affect the rights of any person (e.g., demotion, referral OPR, etc.)?
     b. Result in personal gain or advantage to the RMO (e.g., promotion, award, etc.)?  
     and
2. At the time of the action:
     a. Did the RMO act within the authority granted under applicable regulations, law or policy?
     b. Was the RMO’s action based on relevant data and factors?
     c. Was the RMO’s action rationally related to the relevant data and factors?

If both Questions 1(a) and (b) are answered “no,” then it is not necessary to consider Question 2. If either part of Question 1 is answered “yes”, proceed to Question 2. In answering Question 2, IGs and JAGs should examine the RMO’s action very narrowly, giving the RMO’s decision substantial deference (great weight) without substituting one’s judgment for that of the RMO.

In so doing, if the answer to all parts of Question 2, is “yes,” the action should not be considered “arbitrary and capricious.” If the answer to any part of Question 2 is “no,” then the action was “arbitrary and capricious” (a clear error of judgment) and the action amounts to abuse of authority.