DRB DIGEST/EXECUTIVE SUMMARY
DRB DOCKET 2013-060
CURRENT DD-214 Under Honorable Conditions, COMDTINST M1000.4, ART. 1.C.1, GKK,
Misconduct, RE4
BY DRB
CORRECTIONS
[ TIS
| Policy Implications
10 yrs, 9 months, 15 days
None
EXECUTIVE SUMMARY:
The applicant was discharged for Misconduct due to Involvement with Drugs.
The applicant had a positive urinalysis result during a random testing in late 2012. The marijuana (THC) result
was 15 times the required cutoff amount to render a positive sample. The applicant claimed that have not used
any illegal drugs prior to the testing date, rather the applicant expressed that the positive result must have
occurred in some form of an accidental ingestion. Pursuant to policy, the applicant was recommended for
Discharge due to a drug incident. The applicant’s had 10 years of service which afforded the right to an
Administrative Separation Board (ASB) that occurred in the Spring of 2013. The ASB ruled in favor of a ‘No
Drug Incident’ finding and recommended retention in the service. However, the applicant’s command did not
concur with the board’s determination and forwarded the endorsement to Discharge the applicant for a Drug
Incident. PSC-EPM approved the separation thereafter, and the applicant was officially discharged from the
service in the summer of 2013.
The Board finds no issues with propriety or equity in this case. The applicant provided no evidence to support
an ‘accidental ingestion’, nor did was any error demonstrated in the chain of custody or procedure executed by
the urinalysis coordinator or observers. The Tripler Drug testing lab also provided feedback that they had not
experienced any false positives, or that this case could be from second-hand smoke based on the high
concentration in the positive sample.
Coast Guard policy prescribes no higher than a General, Under Honorable Conditions character of service for
individuals separated as a result of violating the Coast Guard’s drug policy. The Coast Guard has zero
tolerance for drug abuse. The General, Under Honorable Conditions discharge is equitable.
Propriety: Discharge was proper.
Equity: Discharge was equitable.
Final Adjudication by Assistant Commandant For Human Resources: An administrative change will be
made to the Separation Authority to reflect the correct Article in the Military Separations Manual at the time of
separation. The DD-214 issued incorrectly reads the lapsed Article (for the Separation Authority) from the
legacy Personnel Manual. All other items stand as issued. No relief
Separation Authority: Amend to COMDTINST M1000.4, ART 1.B.17 for Legal sufficiency.
CG | DRB | 2013 - Discharge Review Board (DRB) | 2013 031
Per procedure, the sample was sent to FT. Meade to test the validity of the sample. The Coast Guard has zero tolerance for drug abuse. The General, Under Honorable Conditions discharge is equitable.
CG | DRB | 2013 - Discharge Review Board (DRB) | 2013 071
The applicant’s command determined this to be a drug incident. Pursuant to policy, he was recommended for Discharge due to the drug incident. The Board finds no issues with propriety or equity in this case.
CG | DRB | 2013 - Discharge Review Board (DRB) | 2013 033
The applicant’s command determined this to be a drug incident. Pursuant to policy, the applicant was processed for Discharge due to a drug incident. Coast Guard policy prescribes no higher than an Under Honorable Conditions character of service for individuals separated as a result of violating the Coast Guard’s drug policy.
CG | BCMR | Discharge and Reenlistment Codes | 2011-249
The Navy classmate further stated that the applicant did not ask him to fabricate a story, that he did not see anyone put anything in their drinks while at the club, that the gentleman at the club bought two drinks for each of them and “was gay, acting like he was trying to pick someone up”; that the applicant did not act out of the ordinary after drinking at the club; and that he was unaware of the applicant taking any drugs. On May 2, 2006, the CO sent the Personnel Command a...
CG | DRB | 2014 - Discharge Review Board (DRB) | 2014 001
Coast Guard policy prescribes no higher than a General, Under Honorable Conditions character of service for individuals separated as a result of violating the Coast Guard’s drug policy. Therefore, the Board recommends the use of SPD code JKM to accurately categorize this as an act of misconduct not otherwise listed by the JKK SPD code. Additionally, the Board notes that the DD-214 issued ‘General’ for the Character of Service.
CG | BCMR | Alcohol and Drug Cases | 2002-093
of the Personnel Manual, his CO was recommending that he be administratively discharged from the Coast Guard. He argued that because the applicant acknowledged his rights, declined to make a statement, and signed the first endorsement on his CO’s recommendation for his discharge, the applicant was not denied any due process regarding his discharge. He contended that the “irregularity” with which the CO handled the charges against him likely resulted in his command applying...
CG | BCMR | Alcohol and Drug Cases | 2009-162
of the Per- sonnel Manual does not apply to the applicant’s case because his CO never made a “Finding of No Drug Incident.” CGPSC stated that the disputed Page 7 “documents dismissal with a warn- ing of UCMJ Article 112a charges against the applicant. of the Personnel Manual require a CO to determine whether a member has been involved in “drug incident,” as defined in Article 20.A.2.k., based on the preponderance of the evidence and to initiate discharge proceedings against any member who...
CG | BCMR | Discharge and Reenlistment Codes | 2009-191
The ASB stated that if Coast Guard policy had any flexibility to allow retention of a member following a drug incident, the board would have recommended his reten- tion on active duty. The fact that the command later took action against the applicant after receiving evidence that he was accepting and filling prescriptions for opioid drugs without informing the prescribing physician of his addiction does not shock the Board’s sense of justice.7 The applicant alleged that his discharge was...
CG | BCMR | Discharge and Reenlistment Codes | 2011-129
The applicant submitted a second statement to his command stating that after consulting legal counsel, he had questioned his clients about “whether they, at any point, had given me any type of food or drink containing marijuana.” One of his clients “came forth after some ques- tioning and admitted that he had in fact given me a banana bread loaf containing marijuana in the latter part of January, which I recalled.” The applicant stated that this client is mentally ill but did not know that...
CG | DRB | 2014 - Discharge Review Board (DRB) | 2014 046
The Board finds no issues with propriety or equity in this case. Coast Guard policy prescribes no higher than a General, Under Honorable Conditions character of service for individuals separated as a result of violating the Coast Guard’s drug policy. The General, Under Honorable Conditions discharge is equitable.