To ensure that everyone understands the differences between military and
civilian ratings, I'll provide a quick synopsis of the flight violation
process, at least in the Navy/Marine Corps (can't speak for the Air
Force - no telling what they do):
For starters, Naval aviators are advised of two things - First, do not
put your SSN on the DD-175 military flight plan when filing it.
Standard practice is to put "on file". I'll explain why this is real
important in the next paragraph
Second, in the event that a pilot violates a controller instruction e.g.
wrong altitude, VFR into Class A airspace, etc. and the controller
wants to file a violation, then often the controller will ask the pilot
for his SSN. The pilot is NOT required to give it. If a pilot
mistakenly gives out his SSN, the FAA may place the violation on the
pilot's civilian ratings, regardless of whether the military takes any
action. If the SSN is not given out, then the FAA only has the flight's
call sign, e.g. LOBO 458 to use.
Assuming the pilot didn't give out his SSN, then the violation is
forwarded to FAA Headquarters, then to the Dept of the Navy. It then
works its way back to the MAG / Air Wing Commander, who can conduct his
own investigation to determine whether to take action with a FNAEB (USN)
/ FFPB (USMC), which is a board convened to determine whether a pilot or
crewmember committed a violation of OPNAV regulations and whether any
action should be taken against the individual's military ratings.
Possible board actions could include: no action, probation followed by
checkride, or removal of the pilot's ratings altogether. Board action
is reviewed by a flag / general officer before being approved, and an
appeal process is available.
If the investigation reveals possible violations of the UCMJ, then a JAG
Manual investigation would also be convened to determine whether there
was a UCMJ violation. A JAG Manual investigation could result in no
action, non-punitive reprimands, punitive reprimands (bad paper), an
Article 15 hearing, or a court martial. In all of this process, the
commander's authority is always maintained, even for FAA flight
violations. That's why there's a problem with a "get out of jail free
card". Such a mechanism would usurp the commander's authority. So how
do you work around that?
Michael
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