Legal question

[Mr. Happy]

Legal question - njp

Any of you major guys know how your companies view NJP or Courts Martials as far as getting called for an interview or during background checks. Are these sealed in the military record?

Thanks for any info/experiences you can provide.

 

[LJDRVR]

I don't think an article 15 (Office hours, commander's mast, whatever) is reflected on any records. (Hence the term non-judicial) A courts martial resulting in a conviction however, is a federal felony. If you were court-martialed you need to be asking an attorney for advice, not us stupid pilots.

Be aware that even an Article 15 may come up during the hiring process. Southwest asks about them, along with any FEB activity. Answer truthfully.

DISCLAIMER: I am a pilot, not an attorney, and I didn't even stay in the Holiday Inn Express. If you have had judicial or non-judicial punishment, you should contact a civilian attorney that specializes in military law, not a bunch of anonymous strangers.

Good Luck Man...

 

[Bruin-Flyer]

Mr H
I am currently an 0-2 in the AF and had the "pleasure" of picking up an Aritcle 15 when I was an 0-1 for doing some pretty pety $hit if you ask me. Anyway, this is what JAG told me.....the NJP would go into a UIF (Unfavorable Information File) for two years, and then disappear granted you keep your nose clean. Well sort of.....it will always be in permanent military records, and if someone digs deep enough, and had the authority to do so, they can view it. (BTW....I got a TS-SCI after my NJP....but I was honest about it to my investigator....and that was the only important thing to him).

I remember specifically asking JAG if a NJP would in any way affect civilian employment when I seperate.....and the answer was essentially NO! However, she did say that if you are going to work for someone where a federal background check is required......you may want to disclose the information. Although I have never interviewed with an airline, I would guess that if you show them the form (forgot the DD form #) that you were honorably discharged/served out your commitment, I think you would be fine despite having a NJP. Simply put, disciplinary action was taken for whatever reason, but you went on to serve your country honorably. However, it would be really bad to be convicted under a courts martial. The JAG told me I could accept the NJP (which is not really admitting guilt.....just that you don't think you could win in court), or fight it in a court martial and possibly have a federal conviction on my record for the rest of my life..................I opted for the former and took the NJP needless to say!

I would imagine however, that post-9/11 it would be in your best interest to just be truthful about it and show how you learned from it. I am sure that the background investigators have a lot more authorization these days to probe more into your life. To be completely honest....I think you could show how your situation turned into a positive in an interview if you were asked about it.

Lastly....this is what I recommend......I would definately consult the JAG to verify what I have told you. I would even ask them specifically, who can look at your military records once you seperate/retire? Also, I would find out who the airlines use for their background checks and run it by the JAG to see if they would have the authorization to view your records.

Hopes this helps.....but in all honesty.....I really wouldn't stress too much about a NJP....1) I don't think too many airlines will even ask about it, and 2) If they do, put a positive spin on it!