roundrulers

Is there really a law or FAA regulation that bans U.S. airlines from bumping(involuntary denied
boarding due to overbooking) a U.S. soldier flying on military orders?

Example: Private Gomer is flying on military order and the ticket is purchased by the US military.
He arrives at LAX 1.5 hours before the flight and is the very last person to check-in. The flight is
overbooked by one. Because he is the last person to check-in, he is informed that he will be bumped
and rebooked on the next-available flight 6 hours later. However, Private Gomer informs the
airline check-in agent that he is flying on military orders, so the agent bumps John Doe, who is
the next--to-last passenger to check in.

Mr. Doeis not happy about this and confronts the airline agent. The agent claims there is a law
that prevents the airline from bumping that soldier, but cannot name the law. It gets worse:
the agent informs Mr. Doe that he's NOT entitled to any compensation in when the airlines
has to bump him over a soldier flying on military orders. The airlins rebooks Mr. Doe for
the flight that leaves 6 hours later.

Has anyone encountered this type of situation? Is the airline making up an imaginary law to
get out of paying compensation to Mr. Doe?


(all names above are made-up to protect privacy of all parties involved)

Gamecock

I am in the military and have never heard of such a thing. (Doesn't mean it's not true.)

I do know that according to policy, I cannot accept any compensation if I am bumped involuntarily. Any compensation, in the form of vouchers, becomes property of the military. I can accept compensation if I volunteer to be bumped. Volunteering to bumped does not allow me report to my place of duty late. IOW I still have to be where I am supposed to be on time.

I think Mr Doe got screwed, because ultimately it was the airline oversold.

Spiff

Doe was IDB. He should contact the airline for proper compensation for IDB and cc: the DOT so that the airline who did this IDB has their IDB count for the year incremented.

The airline should compensate Doe above IDB for not following its own guidelines for IDB: there is no law that makes US military positive-space.

Yuengling

I've never heard of such a law - it almost sounds like an unjust taking by the government from the airlines, so I would have expected the airlines to have complained if such a law was ever enacted.

roundrulers

I asked this question on another aviation forum and someone replied that Southwest Airlines apparently has this type of policy in place. "Active U.S. soldiers of any branch flying on government-paid ticket on active military orders with proper military ID... will not under any circumstances be be bumped due to overbooking, provided the soldier checked in on-time. Does not apply to military dependents, even if flying on government-paid ticket on the same flight...." (but it's their "policy" not a government regulation or law) Still trying to find info about other airlines.

DFW_Airwolf

I do not know if there is a actual law regarding this. But I do know from many years ago working with GA's and specifically OverBooked or Restricted flights. We would first pull up a list of passengers & checkin times. It would also show FARE CLASS. We would then start at the bottom of the list & look for Lowest Fare Class first. (NOTE: Consolidator Fares actually as part of the restrictions allow them to be bunped first) We would then pull up their PNR to check to make sure no other special circumstances exist. These are as follows;

1. Special Services needed - Possible violation of ACA law
2. Thru Traveling passenger - Having already begin travel. Did not want to disrupt.
3. Other Passengers in PNR - Not wanting to just bump 1 or 2 out of a party of more.
4. Military - More than likely they are traveling on orders. They must be somewhere by a specific time or they are AWOL

Several times we had to make phone calls to Duty Officers at Bases and issue signed letters stating that this person was delayed because of Circumstances beyond their control. These would be WEATHER, MECHANICAL or other circumstances where everyone going to that destination was being denied travel.

So usually Military is never IDB. They are free to volunteer if they wish.

uszkanni

Was going to say that if it were "law" then SW wouldn't need a "policy." But if this were the case then airlines wouldn't need to explicitly state that pax can be bounced for unruly behaviour or interferring with the flight crew.

planemechanic

This may be a condition placed on the airlines related to participation in the Civil Reserve Air Fleet. Most major airlines are members of the CRAF, with the ensuing rewards and pitfalls.

Shangri-La

I remember them showing a segment on this during the "Airline" show they were featured in.

Honestly, I think airlines know it would look bad if they bumped a soldier that is traveling on military orders.

TMOliver

As I recall (admittedly from the period soon after the WBTS) their are different types of travel called "military".

Travel on what used to be called a Government "TR", essentially a travel voucher issued by the military, redeemable by the airlines for a specified contract fare, and with a reservation, denial of boarding would be quite unlikely, since the personnel in question are required to be at a certain destination at a date/time specified. Obviously, weather, other delays and CNXs could play havoc, but the airlines would be responsible for something approaching expedited rebooking and travel. I suspect that the "Contract of Carriage" for airline agreements with the feds may be a bit different than those with which you and I are familiar from reading the small print.

Traveling on orders with travel "subject to reimbursement", even in uniform, no TR, etc., personally purchased tickets, puts the military traveler in the same boat as all others, subject to the fickle finger of IDB, etc., responsible for not having started early enough to reach his/her duty station before the time specified, no matter the conditions or events enroute. Arrive late? That's "Unauthorized Absence", "UA" to Navy types, depending on the circumstances requiring more than just a deft explanation of thunderstorms over Kansas. Then there's the old "Missing Ship's Movement", not arriving before the brow was removed or the anchor weighed. Now, that could put a sailor in "Deep Sh*t"!

Crazyhotelguy

It comes down to the question of "what airline wants a video of them bumping a military member going viral on you tube?"

nightom22

Like other posters have said I am verily sure Southwest does have this policy, I remember seeing it on the show airline a few years back. I agree with the policy of protecting the military and their travels. I think the airline industry does a great job with this in addition to the numerous upgrades to first class that I have seen given to those in uniform.

However, the airline still oversold the flight and in turn should compensate those that are IDB, it was their fault they oversold.

sfspec

"I've never heard of such a law - it almost sounds like an unjust taking by the government from the airlines, so I would have expected the airlines to have complained if such a law was ever enacted."

Unjust taking? That's a stretch. What happened to "support our military"?

I have to agree that Delta needs to compensate the IDB person.

Spiff

Support our military is something I support and do.

Requiring such support is unjust taking.

You want to go where?

I agree that there is no unjust taking from the airline, because the airline is indeed being compensated for providing transportation. However, regardless of policy, law, or regulation regarding who gets bumped, compensation is due to the bumpee (or whoever is paying for the ticket).