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Decision Text

CG | DRB | 2012 - Discharge Review Board (DRB) | 2012 086
Original file (2012 086.pdf) Auto-classification: Denied
DRB DIGEST/EXECUTIVE SUMMARY
DRB DOCKET 2012-086

NAME Ee

3
CURRENT DD-214 Under Honorable Conditions, COMDTINST M1000.6, 12.B.18, JKD, Misconduct,
RE4

E
RELIEF REQUESTED | Upgrade Re code; Upgrade to Honorable

Honorable; SPD code: JND.
Narrative Reason: Separation for Miscellaneous/General Reasons
Separation Authority: legacy COMDTINST M1000.6, 12.B.12

 

    
  
     
    
 

   

   

 

TIS 6 yrs, 7 months, 10 days
Policy Implications _| None

 

 

 

     
 
     
     
   
   
   
   
   
   
     
    
 
   

  

EXECUTIVE SUMMARY:
The applicant was discharged for Misconduct due to an established pattern of shirking in early 2010. The

applicant served as CG Reserve member from 2003 to 2010. Over this 7 year period of service, only 2 years
met the attendance standard of 50 points per anniversary year.

In the final 3 years, only 39 points were performed out of the required 150. Therefore, the SPD code of JKD for
members who are absent without leave was used in this case. The applicant is asking for an upgrade based on a
financial hardship. The applicant has provided no documentation to support this claim, or how this affected the
ability to meet drilling standards. However, pursuant to Article 4.B.1 of the Reserve Policy Manual,
COMDTINST M1001.28A, commands are required to “monitor member participation” and “Correct
performance deficiencies by timely counseling of members who are not participating satisfactorily. Commands
shall document all counseling in accordance with Preparation and Submission of Administrative Remarks (CG-
3307).” There is no record of the command complying with these requirements prior to recommending the
applicant for discharge. Additionally, the absence of a discharge package and supporting documentation
regarding notification of the intent to discharge and appropriate due process being followed is problematic.

The Board recommends that the applicant's record be corrected to reflect an honorable discharge. The Board
also recommends the following changes to applicant's separation:

  
       
         
     

SPD code: JND.
Narrative Reason: Separation for Miscellaneous/General Reasons
Separation Authority: legacy COMDTINST M1000.6, 12.B.12

Propriety: Recommend that discharge is amended to ‘Honorable’ with an SPD code of JND. The
Narrative Reason would be Separation for Miscellaneous/General Reasons using the
legacy COMDTINST M1000.6, 12.B.12 separation authority.

Equity: Discharge (RE4 code was equitable).

Final Adjudication by Assistant Commandant For Human Resources: Concurs with the aforementioned

relief with an Honorable Discharge. NO relief is granted on the applicant’s reentry code.

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