Re: Military ASRS
CLARK MORRIS (cmorris_at_dualinc.com)
Thu, 14 Aug 1997 15:27:15 -0400
Michael A. Kies, Site Manager wrote:
>
> To all,
>
> 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
>
>
>
> --
> =====================================================
> Information Spectrum, Inc. EA-6B Prowler Aircrew
> P. O. Box 2023 / Bldg 3898 Training Support
> MCAS Cherry Pt, NC 28533 (919) 447-9883/5352
> =====================================================
I do not have AC 00-46 to review the fine details, but the prime
motivation for a pilot (civilian or military) to file the report is for
CYA purposes. In my case as a civilian flight instructor - my only chain
of command is the local FSDO inspector. I have no boss to be embarassed
in front of, or one to write a job review -- so if I file a NASA report,
I am forced to think about what I did (or what the other guy did) when I
write the narrative, and hopefully I learn something (but I don't lose
my job or promotion). If the FSDO guy tries to bust me, I use the get
out of jail card - but I still think the inspector now has reason to
watch me more closely (or send me for some remedial training). How do
the airlines handle this in their chain of command? Does the
crewmember's boss get told by the FAA of the violation of one of their
crewmembers? Does it affect his job or promotion? Does the get out of
jail card shield them from a job action? This is the problem the
military has --- and if the civilian pilots bosses are in the violation
reporting loop, then I suggest that the only thing the ASRS "get out of
jail free card" is good for is keeping the FAA at bay (you keep your
license). The only reason a military pilot would report on himself would
be to not lose his flight duty, his bosses are going to know either way.
And this comes back to the pilots boss -- if the guy is a habitual
violator, the boss should fix the problem. If it's a one time thing the
boss should have the brains to forgive or counsel.