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CG | DRB | 2013 - Discharge Review Board (DRB) | 2013 055
Original file (2013 055.pdf) Auto-classification: Denied
DRB DIGEST/EXECUTIVE SUMMARY
DRB DOCKET 2013-055

 

TIS 8 yrs, 10 months, 23 days
Policy Implications None

 

EXECUTIVE SUMMARY:

The applicant was discharged for Unacceptable Conduct in 2013. The applicant’s complete Personnel Data
Record and Separation Package were available for the Board to review.

The applicant served for over 8 years in the service at 4 separate units. The applicant’s subpar performance was
documented in early 2013 which listed events over the previous 11 months to include insubordination, sloppy
and un-kept uniforms, and inspiring non-work related activities to disrupt the workplace. The behavior and lack
of enthusiasm did not improve after being placed on performance probation and receiving 2 non-
recommendations for advancement. In the Spring of 2013, the command made the notification to Discharge for
Unsuitability due to Inaptitude. Thereafter, the Discharge was final in the summer of 2013.

The Board noticed a number of inconsistencies between the command endorsements for separation, the EPM

separation approval, and the DD-214 issued. 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

command endorsed a Discharge for Unsuitability due to Inaptitude which aligns with Military Separations
Manual, Article 1.B.15.

Applicant: on the Board request, the applicant mentioned a request for a Temporary Separation in the Spring of
2012 that was denied. Upon the command notification for discharge in 2013, no objection was made. Also, the
applicant waived all rights to an Administrative Separation Board, an attorney, or to make a statement. 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 approved under Article
1.B.15, but the SPD code issued was HNC with an authorized NR of Unacceptable Conduct that is more suited
for Misconduct discharges (1.B.17). ***The JNC, HNC, GNC family of SPD codes was more routinely used
with legacy PERSMAN 12.B.16 prior to September 2011 (PERSMAN breakup)***

Continued on following page***
DD 214 issued: The Servicing Personnel Office (SPO) issued:

 

 

24. Discharge | Honorable

25. Authority _ COMDTINST M1000.4, Art 1.B.
26. Separation Code HNC

27. Re-entry Code

| 28. Narrative Reason Unacceptable Conduct

 

 

 

 

 

 

The Board recommendation focuses on the lack of ‘performance’ specified by the command. However, the
applicant did not receive Non-Judicial punishment (NJP) proceedings anytime after 2007, or have documented
‘Misconduct’ incidents that would merit awarding a Narrative Reason of Unacceptable Conduct or anything

located in 1.B.17 of Military Separation Manual. The Board recommends the following based on the relevant .
policy in 1.B.15 at the time of separation in 2013:

24. Discharge Honorable
[ 25. Authority COMDTINST M1000.4, Art 1.B.15

26. Separation Code JND- (Separation was Involuntary)
27. Re-entry Code

28. Narrative Reason | Separation for Miscellaneous/General Reasons

 

 

 

 

 

 

 

 

Propriety: Discharge was NOT proper.

Equity: Discharge was NOT equitable.

Final Adjudication by Assistant Commandant For Human Resources: Concur with Board
recommendation. Aforementioned relief to the applicant is granted.

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