DRB DIGEST/EXECUTIVE SUMMARY
DRB DOCKET 2012-054
| TIS | 3 yrs, 2 months, 2 days
| Policy Implications _ [| None
EXECUTIVE SUMMARY:
The applicant was separated with a General Discharge for misconduct resulting from sexual perversion and
indecent acts or offenses. On two different occasions in 2004, the applicant made non-consensual sexual
advances on a shipmate. These incidents occurred while both parties were very intoxicated. Therefore, the
victim in these situations had no capacity to resist the applicant’s undue physical and sexual behavior. The
applicant claims to have stopped when told verbally; however, the victim must be of a sound and stable mind
for both parties to legally engage in a consensual act that involves physical intimacy and touching of a sexual
nature.
The applicant chose to accept a pretrial agreement for lesser punishment and a more favorable character of
service. This enabled the applicant to remove themselves from the Special Court-Martial which could have
rendered a Bad Conduct or Dishonorable Discharge. The applicant received punishment that was no higher
than a Summary Court Martial with one guilty plea on the two charges that occurred. The applicant’s
committed offense warrants no higher than an Under Honorable Conditions character of service.
Prior to the mentioned offenses, the applicant had a civil DUI conviction which caused disenrollment from “A”
school, and also received NJP for violating Article 92 for having sexual intercourse with someone else’s
spouse.
The Board notes that the applicant’s military record shows that he received a General Discharge for his
character of service. In accordance with ALCOAST 562/08, the DD-214 should be administratively corrected
to “Under Honorable Conditions”. The General discharge was issued correctly at the time of separation in
2005.
Propriety: Discharge was proper.
Equity: Discharge was equitable.
Final Adjudication by Assistant Commandant For Human Resources: No relief other than the
administrative change to the character of service to ‘Under Honorable Conditions’ pursuant to post-separation
policy changes noted in ALCOAST 562/08.
CG | DRB | 2013 - Discharge Review Board (DRB) | 2013 059
The Board finds no issues with propriety or equity in this case. Therefore, based on the post-separation policy, the Board recommends that the character of service be amended to Under Honorable Conditions. In accordance with ALCOAST 562/08, the character of service be amended to Under Honorable Conditions based on the post- separation policy.
CG | DRB | 2013 - Discharge Review Board (DRB) | 2013 075
DRB DIGEST/EXECUTIVE SUMMARY DRB DOCKET 2013-075 General, COMDTINST 1000.6A 12-B-18, JKK, Misconduct, RE4 Honorable Admin correction based on post-policy from ALCOAST 562/08 Under Honorable Conditions TIS 2 yrs, 8 months, 25 days Policy Implications _| None EXECUTIVE SUMMARY: The applicant was discharged for Misconduct due to Involvement with Drugs. Coast Guard policy prescribes no higher than a General, Under Honorable Conditions character of service for individuals separated as a result...
CG | DRB | 2014 - Discharge Review Board (DRB) | 2014 047
The Board finds no issues with propriety or equity in this case. The Board endorses an administrative change to amend the Character of Service to Under Honorable Conditions based on the issuance of ALCOAST 562/08. Coast Guard policy prescribes no higher than a General Discharge, with an Under Honorable Conditions character of service for individuals separated as a result of violating the Coast Guard’s drug policy.
CG | DRB | 2013 - Discharge Review Board (DRB) | 2013 038
The Board finds no issues with propriety or equity in this case. Therefore, based on the post-separation policy, the Board recommends that the character of service be amended to Under Honorable Conditions. Yet, in accordance with ALCOAST 562/08, the Board does recommend that the character of service be amended to Under Honorable Conditions based on the post-separation policy.
CG | DRB | 2014 - Discharge Review Board (DRB) | 2014 031
The Board finds no issues with propriety or equity in this case. Coast Guard policy prescribes no higher than a General, Under Honorable Conditions character of service for individuals separated as a result of violating the Coast Guard’s drug policy. The General, Under Honorable Conditions discharge is equitable.
CG | DRB | 2013 - Discharge Review Board (DRB) | 2013 041
The applicant had a positive urinalysis result for methamphetamines in the late summer of 2005. The Board notes a General Discharge was issued. Therefore, the board recommends a partial upgrade to an Under Honorable Conditions character of service.
CG | DRB | 2014 - Discharge Review Board (DRB) | 2014 002
Pursuant to policy, the applicant was recommended for Discharge due to a drug incident. The Board finds no issues with propriety or equity in this case. Per post policy noted in ALCOAST 562/08, a General discharge is no longer considered an official character of service.
CG | DRB | 2014 - Discharge Review Board (DRB) | 2014 025
In the Fall of 2011, the applicant was counseled on having an inappropriate relationship with a subordinate who was also married. The Board does note that a General Discharge was issued in Block 24 of the applicant’s DD-214. Per previous policy issued in ALCOAST 562/08, a General discharge is no longer considered an official character of service.
CG | DRB | 2014 - Discharge Review Board (DRB) | 2014 001
Coast Guard policy prescribes no higher than a General, Under Honorable Conditions character of service for individuals separated as a result of violating the Coast Guard’s drug policy. Therefore, the Board recommends the use of SPD code JKM to accurately categorize this as an act of misconduct not otherwise listed by the JKK SPD code. Additionally, the Board notes that the DD-214 issued ‘General’ for the Character of Service.
CG | DRB | 2012 - Discharge Review Board (DRB) | 2012 076
The Board finds no issues with propriety in this case. The Board finds no issues of equity in this case. Therefore, the applicant should be issued a DD-215 reflecting this administrative change.