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. In the Fall of
2012, the applicant was accompanied by a few other Coast Guard personnel from a neighboring unit in the area.
After becoming intoxicated, the applicant entered a closed restaurant with the others and took food and
merchandise. In early 2013, the applicant’s command processed the applicant for Discharge due to the pending
charge of Burglary, a class ‘C’ felony offense. The command recommended the applicant for an Honorable
Discharge. The Sector, District, and epm did not concur with the command as a General, Under Honorable
Conditions Discharge was endorsed and approved.
The applicant was notified of the intent to discharge, and the applicant was advised of the rights to an attorney.
The applicant provided a statement from an attorney. The applicant did object to the discharge.
Majority Recommendation by the Board (by vote of 4-1): The applicant had no history of negative performance
or behavior in the service record. The applicant does not deny the wrong-doing in partaking in the removal of
items from the closed establishment, rather the applicant admits to the lapse in judgment in believing to be in
the good company of other servicemen who were senior to the applicant in experience and age. The applicant’s
command did endorse an Honorable Discharge due to the his work efforts demonstrated by way of 557
underway hours and a certification as a Buoy Deck supervisor not normally achieved by a non-rate.
The Board acknowledges that most or all of the offenses were dismissed in the summer of 2013 after the
applicant was already Discharged from the service. The offense was finalized and adjudicated down to a Class
‘D’ misdemeanor. This alone may have led to NJP proceedings, but would have not been grounds for Discharge
if the court had ruled prior to the effective discharge date. The Board notes that the applicant has quickly
moved on in the post-service time as a sophomore enrolled at a large University with a 3.0 grade point average.
The Board recommends a partial upgrade to an Honorable Discharge for Miscellaneous/General Reasons in that
the one-time mistake that resulted in Commission of Serious Offense was not fully realized at the time of
Discharge. A reentry code of RE-4 shall remain as issued.
Minority Recommendation by the Board(by vote of 1-4): The applicant and the supporting attorney’s
testimony paint the picture of a naive individual that was negatively influenced by older and more experienced
work accomplices that lured the applicant into an unknowing crime. The Board finds that the other individuals
involved were Discharged for the same reasons and conditions as the applicant. The Minority Board finds no
issues with propriety or equity in this case. Issuance of a different “Character of Service’ to the less experienced
person of the theft group not only presents direct inequities to all involved, but suggests that young:
individuals will receive greater reprieve for the same crimes. No relief. Stand as issued.
Propriety: Discharge was proper.
Equity: Discharge was NOT equitable.
Final Adjudication by Assistant Commandant For Human Resources: Concur with the Majority Board.
Relief is granted as follows:
D-214 Item Board Decision
24. Discharge Honorable
25. Authority COMDTINST
M1000.4, Art 1.B.15
26. Separation Code
27. Re-entry Code
28. Narrative Reason | Separation for
Miscellaneous/General
Reasons
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In early 2012, the applicant’s command initiated Discharge proceedings based on the two alcohol incidents. Furthermore, the applicant mentions no details or mitigating factors about the Felony Battery with no contest plea. 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.
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