DRB DIGEST/EXECUTIVE SUMMARY DRB DOCKET 2012-054
NAME

CURRENT DD-214
General, COMDTINST MIOOO.6A, ART 12.B.18, JKL, Misconduct, RE4
RELIEF 
REQUESTED
Honorable
RELIEF GRANTED 
BY DRB
Under Honorable Conditions
ADM
CORRECTIONS
None
TIS
3 yrs, 2 months, 2 da s
Policy Implications 
None
EXECUTIVE SUMMARY:
The applicant was separated with a General Discharge for misconduct resulting from sexual perversion and indecent acts or offenses. On two 
different occasions in 2004, the applicant made non-consensual sexual advances on a shipmate. These incidents occurred while both parties were 
very intoxicated. Therefore, the victim in these situations had no capacity to resist the applicant's undue physical and sexual behavior. The 
applicant claims to have stopped when told verbally; however, the victim must be of a sound and stable mind for both parties to legally engage in 
a consensual act that involves physical intimacy and touching of a sexual nature.
The applicant chose to accept a pretrial agreement for lesser punishment and a more favorable character of service. This enabled the applicant to 
remove themselves from the Special Court-Martial which could have rendered a Bad Conduct or Dishonorable Discharge. The applicant received 
punishment that was no higher than a Summary Court Martial with one guilty plea on the two charges that occurred. The applicant's committed 
offense warrants no higher than an Under Honorable Conditions character of service.
Prior to the mentioned offenses, the applicant had a civil DUI conviction which caused disenrollment from "A" school, and also received NJP for 
violating Article 92 for having sexual intercourse with someone else's spouse.
The Board notes that the applicant's military record shows that he received a General Discharge for his character of service. In accordance with 
ALCOAST 562/08, the DD-214 should be administratively corrected to "Under Honorable Conditions". The General discharge was issued 
correctly at the time of separation in
2005.
Propriety:	Discharge was proper.
Equity:	Discharge was equitable.
Final Adjudication by Assistant Commandant For Human Resources: No relief other than the administrative change to the character of service to 
'Under Honorable Conditions' pursuant to post-separation policy changes noted in ALCOAST 562/08.