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Decision Text

CG | DRB | 2013 - Discharge Review Board (DRB) | 2013 032
Original file (2013 032.pdf) Auto-classification: Denied
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.

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