DRB DIGEST/EXECUTIVE SUMMARY
DRB DOCKET 2013-006
[NAME
CURRENT DD-214 Under Other Than Honorable, COMDTINST M1000.4, 1.B.17, HKQ, Misconduct,
RE4
BY DRB
CORRECTIONS
TIS 6 yrs, 6 months, 25 days
Policy Implications _| None
EXECUTIVE SUMMARY:
The applicant was discharged for misconduct due to commission of a serious offense. The applicant’s complete
Personnel Data Record, Summary Courts-Martial, Pretrial Agreement, and Separation Package were available
for the Board to review. The Board utilized available information contained in electronic records and
documents submitted by the applicant, to include an attorney brief with several enclosures.
The applicant pled guilty to maltreatment of junior personnel under their supervision. By specifically admitting
to the following: inappropriate sexual advances of touching and grabbing shipmates; mentally and verbally
abusing subordinates in the line of duty; generally invading their privacy by visiting their duty rooms without
justification and refusing to leave when asked; undue comments of a sexual nature; and exposing themselves
nude in pictures sent via text messages. These events took place at a small CG Station in 2010-2011. This
particular CG Station is a smaller unit in which the applicant was only one of two supervisory E5’s onboard.
Without a larger hierarchy at this location, this suggests to have enabled the applicant to engage in
inappropriate, lewd, and abusive acts over an extended period. In 2011, the victims could no longer deal with
the unwanted behavior and reported it to their immediate chain of command. Thereafter, the applicant was
administratively assigned elsewhere awaiting a full investigation, and subsequent UCMJ proceedings.
Additionally, a Military Protective Order was issued to eliminate any further contact with the victims.
The applicant accepted a Pretrial Agreement (PTA) in order to avoid the punishment and subsequent character
of service associated with a Special Court-Martial proceeding. In exchange for the guilty pleas, the convening
authority agreed to withdraw the case from a Special Court-Martial and refer the case to a Summary Court-
Martial. The Summary Court-Martial officer accepted the applicant’s plea of not guilty to Charge III: Violation
of UCMSJ, Article 120, which closely aligns with charges for a sex offender. This verdict was made despite
statements from the two victims and a bystander that the applicant exposed (and touched) their body in a sexual
nature in front of them on different occasions.
The applicant (and attorney brief) states that the victims were reciprocal in the physical contact, text messages,
and sexual nature initiated by the applicant. The meager evidence provided by the applicant shows that the
victims responded to text messages in a flirtatious way, and that one of the victims shared a shirtless calendar of
themselves. None of the items brought forth by the applicant excuse the behavior in which the applicant
harbored and created an inappropriate (and sometimes hostile) work environment. The applicant repeatedly
touched and harassed subordinates in a sexual nature. These actions are inexcusable regardless of sexual
orientation, or the repeal of the Don’t Ask, Don’t Tell policy.
The exhibits in the attorney brief concerning the applicant’s performance evaluation, separation physical, and
counseling by the last supervisor were reviewed. The Board finds no issues with propriety or equity on the
merits of this case. The aforementioned grievances on the PDR and medical record are more suitable for a
Board of Correction for Military Records inquiry, or filing a claim with the Department of Veterans Affairs.
The board is limited in scope to make recommendations solely on the basis of the applicant’s discharge.
The Board does note that the DD-214 incorrectly cites the Separation Authority. The SPD code of HKQ is
aligned with the Military Separations Manual, COMDTINST M1000.4, Art 1.B.17 vice the Art 1.B.11 listed on
the DD-214 issued.
Propriety: Discharge was proper.
Equity: Discharge was equitable.
Final Adjudication by Assistant Commandant For Human Resources: No relief. Concur and approve the
administrative change to the Separation Authority in Block 25 of the applicant’s DD-214 to be amended to
COMDTINST M1000.4, Art 1.B.17.
CG | DRB | 2013 - Discharge Review Board (DRB) | 2013 021
1.B.17, JKA, Pattern of Misconduct, RE4 Honorable None Separation Authority should be amended to COMDTINST M1000.4, Art 1.B.17 TIS 4 yrs, 4 months, 23 days Policy Implications _| None EXECUTIVE SUMMARY: The applicant was discharged for Pattern of Misconduct due to alcohol related incidents, an inappropriate relationship and assaulting another shipmate. The Board finds no issues with propriety or equity in this case. The applicant received a General, Under Honorable Conditions Discharge...
CG | DRB | 2012 - Discharge Review Board (DRB) | 2012 084
DRB DIGEST/EXECUTIVE SUMMARY DRB DOCKET 2012-084 Uncharacterized, COMDTINST M1000.4, 1.B.15, JFY, Adjustment Disorder, RE3G Change Separation code, RE-entry code, and Narrative Reason None Separation Authority amended to COMDTINST M1000.4, Art 1.B.19 TIS | 0 yrs, 1 month, 15 days Policy Implications _| None EXECUTIVE SUMMARY: The applicant was discharged for unsuitability due to diagnosis of an adjustment disorder. The closing line of the text indicates that the member will need...
CG | DRB | 2012 - Discharge Review Board (DRB) | 2012 054
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. The General discharge was issued correctly at the time of separation in 2005.
CG | DRB | 2014 - Discharge Review Board (DRB) | 2014 017
DRB DIGEST/EXECUTIVE SUMMARY DRB DOCKET 2014-017 Under Honorable Conditions, |-B-17 COMDTINST M1000.4 [-B-17 COMDTINST M1000.4 Honorable None None TIS Policy Implications 4 yrs, | month, 8 days None EXECUTIVE SUMMARY: The applicant was discharged for Misconduct due to Commission of a Serious Offense in 2012. The actions that led to the Discharge included Adultery with an officer’s wife, sending racially offensive texts to the other parent of their children (also a CG mbr), attempting to...
CG | DRB | 2013 - Discharge Review Board (DRB) | 2013 055
The following provides an outline of the approval process and the notable findings: Applicant’s command: Made separation notification after just 3 months on performance probation. The current application requests to remove the Narrative Reason (NR) as ‘Unacceptable Conduct’, and to amend it to a Voluntary Separation that is in alignment with SPD code KND with an NR of Separation for Miscellaneous/General Reasons. EPM separation approval (summary): In the summer of 2013, the Discharge was...
CG | DRB | 2013 - Discharge Review Board (DRB) | 2013 064
The applicant is asking that the board look at the entirety of service time with regard to the Character of Service that was issued. The Board finds no issues with propriety or equity in this case. Propriety: Discharge was proper.
CG | DRB | 2013 - Discharge Review Board (DRB) | 2013 063
The Board finds no issues with propriety or equity in this case. The applicant was given an Honorable Discharge and the most favorable Narrative Reason for separation. Administrative change will be made to the correct Separation Authority to COMDTINST M1000.4, Art.
CG | DRB | 2013 - Discharge Review Board (DRB) | 2013 032
In early 2012, the applicant’s command initiated Discharge proceedings based on the two alcohol incidents. Furthermore, the applicant mentions no details or mitigating factors about the Felony Battery with no contest plea. Prior to epm’s final approval, the Admiral serving as the local Discharge authority fully endorsed the Discharge due to commission of a serious offense with a General, Under Honorable Conditions character of service.
ARMY | BCMR | CY2014 | AR20140019460
It states that applications for removal of an Article 15 from the Official Military Personnel File (OMPF) based on an error or injustice will be made to the Army Board for Correction of Military Records (ABCMR). It further indicates that there must be clear and compelling evidence to support the removal of a properly-completed, facially-valid DA Form 2627 from a Soldier's record by the ABCMR. ABCMR Record of Proceedings (cont) AR20140019460 3 ARMY BOARD FOR CORRECTION OF MILITARY...
CG | DRB | 2013 - Discharge Review Board (DRB) | 2013 053
The applicant voluntarily requested a separation for ‘The Good of the Service’ vice in lieu of the Court Martial proceedings and punishment. The Board finds no issues with propriety or equity in this case. The DD-214 was issued incorrectly with Article 1.A.1.