DRB DIGEST/EXECUTIVE SUMMARY
DRB DOCKET 2013-032
NAME
CURRENT DD-214 Under Honorable Conditions, COMDTINST M1000.4, ART 1.B.7, JKQ,
Misconduct, RE4
BY DRB
CORRECTIONS sie =
TIS 4 yrs, 9 months, 9 days
Policy Implications _| None
EXECUTIVE SUMMARY:
The applicant was discharged for Misconduct due to Commission of a serious civilian offense. The applicant’ s
complete Personnel Data Record and Separation Package were available for the Board to review.
The applicant was arrested and charged with one count of Felony Battery in late 2011. He struck another
civilian causing the victim to lose a tooth, and to crack another tooth along with several stitches to the face. The
applicant later went to court in the Spring of 2012 in which a plea nolo contendere was entered, i.e., I will not
contest the charges. To wit: A plea in a criminal case by which the defendant answers the charges made in the
indictment by declining to dispute, or admit the fact of their guilt. The applicant was subsequently Discharged
in the Fall of 2012.
Prior to the aforementioned serious offense, the applicant states having a previous alcohol incident that was not
handled correctly. The applicant received a Disciplinary evaluation, but thes PDR does not have the full details.
It was determined that the incident in late 2011 also had alcohol as a causative factor. In early 2012, the
applicant’s command initiated Discharge proceedings based on the two alcohol incidents. Thereafter in the
Spring of 2012, the command received the State court documents and final CGIS reports, allowing them to
provide a comprehensive recommendation to PSC-epm for separation.
The applicant is claiming that the command was abusive and vengeful in their processing of the case.
Furthermore, the applicant mentions no details or mitigating factors about the Felony Battery with no contest
plea. Rather, the applicant expresses that the alcohol abuse should be the basis for the Discharge which would
have rendered a Honorable Discharge.
The Board finds no issues with propriety or equity in this case. The command followed the proper sequence in
the discharge proceedings as they received all of the related information needed. Apart from the civilian court
proceedings, the board also notes that the applicant never received UCMJ punishment. The applicant was
notified of the intent to discharge. The applicant made a statement and objected to discharge. 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.
Final Adjudication by Assistant Commandant For Human Resources: No relief.
ARMY | BCMR | CY2014 | 20140000550
Counsel requests an upgrade of the applicant's UOTHC discharge to an honorable or a general discharge and a change to his RE code to a "1" or "2." The board recommended that the applicant be separated from the Army with a UOTHC discharge. Neither the applicant nor counsel have provided sufficient evidence to show that the applicant's discharge should be upgraded.
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 | 2014 - Discharge Review Board (DRB) | 2014 029
In 2010, the applicant pled ‘no contest’ in a civilian court to third degree assault consummated by Battery. The Board has no issues with the discharge issued. The local command, intermediate level Commander, and EPM all endorsed the punishment rendered and the subsequent separation.
CG | BCMR | Disability Cases | 2011-262
of the Personnel Manual states that after three years and with no further alcohol incidents, a member who receives an alcohol incident solely for underage drinking and did not use or abuse alcohol to such an extent that he or she was unable to perform prescribed duties or brought discredit upon the Uniformed Service may, predicated on positive performance, request via the chain of command that PSC remove the alcohol incident from his or her record. The Board agrees with the Coast Guard that...
CG | BCMR | Alcohol and Drug Cases | 2011-262
of the Personnel Manual states that after three years and with no further alcohol incidents, a member who receives an alcohol incident solely for underage drinking and did not use or abuse alcohol to such an extent that he or she was unable to perform prescribed duties or brought discredit upon the Uniformed Service may, predicated on positive performance, request via the chain of command that PSC remove the alcohol incident from his or her record. The Board agrees with the Coast Guard that...
CG | DRB | 2014 - Discharge Review Board (DRB) | 2014 033
DRB DIGEST/EXECUTIVE SUMMARY DRB DOCKET 2014-033 NAME E3 CURRENT DD-214 Under Honorable Conditions, CGPSC-EPM, JKQ, Misconduct, RE4 RELIEF REQUESTED | Honorable RELIEF GRANTED Honorable, JND SPD code, Separation for Miscellaneous/General Reasons BY DRB ADMIN None CORRECTIONS TIS 2 yrs, 3 months, 6 days Policy Implications __| None EXECUTIVE SUMMARY: The applicant was discharged for Misconduct due to Commission of a Serious Offense in 2013. The command recommended the applicant for an...
CG | DRB | 2014 - Discharge Review Board (DRB) | 2014 032
The NJP results specify that the spouse had suffered a fractured nose and received stitches. The separation package does show an Honorable recommendation from the Sector, but this is due to the pattern of misconduct vice the voluntary plea on the application and supporting statements. The Board finds no issues with propriety or equity in this case.
ARMY | BCMR | CY2009 | 20090003071
It was determined that the applicant required a moral waiver for enlistment. It states, in pertinent part that a waiver is required for any applicant who has received a conviction or other adverse disposition for a serious criminal misconduct offense. The evidence of record further shows that the applicant's enlistment document together with all allied documents including his approved waiver are correctly filed in the proper section of his OMPF.
NAVY | DRB | 2006_Navy | ND0600934
The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Decisional Issues Equity – Isolated incident Documentation In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 (Member 4) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 20010327 - 20010615ELS USNR...
ARMY | BCMR | CY2013 | 20130013342
The applicant requests that the Board overturn the denial decision by the U.S. Army Criminal Investigation Command (CID) to correct information in the CID files. The applicant states: a. The record he is appealing is a record of showing convictions, not titling.