I actually meant both. While charges of "endangering air safety" might not stick in a court of law, just being over the limit while on duty/in full company uniform could be reason for disciplinary action and possible dismissal. You know, breach of trust, damaging the company image etc. etc.
Different standards apply to different contexts and successful criminal prosecution is, in general, not a prerequisite to internal actions.
PS. I just noticed that he had already been subjected to disciplinary action, namely suspension from active duty. QED