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Decision Text

CG | DRB | 2014 - Discharge Review Board (DRB) | 2014 032
Original file (2014 032.pdf) Auto-classification: Denied
DRB DIGEST/EXECUTIVE SUMMARY
DRB DOCKET 2014-032

 

Under Honorable Conditions, COMDTINST M1000.6A ART 12-B-18, JKA,
Pattern of Misconduct, RE4

Honorable
None

None

 

 

TIS 5 yrs, 2 months, 21 days
Policy Implications _| None

 

EXECUTIVE SUMMARY:

The applicant was discharged for Pattern Of Misconduct in 2011. The applicant’s complete Personnel Data
Record and Separation Package were available for the Board to review.

After receiving two NJP’s in a 10 month period, the applicant was processed for discharge. The applicant had a
history of not providing adequate support to dependents stemming back to 2008 prior to the issues of neglecting
work and assaulting the spouse. The Board notes that assault and battery in similar scenarios can normally
result in Court-Martial proceedings.

The applicant claims that the assault on spouse was in self defense after being struck, and that the civilian court
dismissed the case. The applicant provided no official documents to support this claim. The NJP results specify
that the spouse had suffered a fractured nose and received stitches.

Additionally in the current petition, a mention of the dependent son being diagnosed with diabetes led to
asking for a voluntary discharge with an Honorable character of service. 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. PSC-epm authorized the Discharge with an Under Honorable
Conditions character of service.

The Board finds no issues with propriety or equity in this case.

The applicant was notified of the intent to discharge, and the applicant was advised of the rights to an attorney,
the applicant declined to make a statement while not objecting to discharge.

Propriety: Discharge was proper.
Equity: Discharge was equitable.
Final Adjudication by Assistant Commandant For Human Resources: No relief.

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