DRB DIGEST/EXECUTIVE SUMMARY DRB DOCKET 2013-
023
NAME

CURRENT DD-214
Other Than Honorable, COMDTNST MIOOO.4 ART. 1.B.20, KFS, Trial by 
Court Martial, RE4
RELIEF 
REQUESTED
Honorable
RELIEF GRANTED 
BY DRB
Under Honorable Conditions
ADMN
CORRECTIONS
None
TIS
4 yrs, 9 months, 16 days
Policy Implications 
None
EXECUTIVE SUMMARY:
The applicant was discharged for Trial By Court Martial due to be being an accessory in theft (after the fact), 
disobeying a direct order, and procuring a prostitute. The applicant requested to be separated 'For the Good of 
the Service' in lieu of the Court martial (CM) proceedings and punishment. Additionally, the signed 
agreement was based on the applicant providing any details on the shipmate involved in an incident of 
stealing a woman's purse in the summer of 2012, and then the applicant drove away from the scene knowing 
the crime the shipmate had committed.
The Board finds no issues with propriety or equity in this case. The applicant voluntarily requested this 
discharge via memorandum in the Fall of 2012. The applicant knowingly requested and accepted an 'Other 
Than Honorable' discharge. The applicant also spoke with USN counsel on the matter, but did not desire to 
make a statement. At face value, the Board does not find the applicant's discharge to be in error. Conversely, 
the Board has had an opportunity to also consider the applicant's written letter, spoken testimony, character 
letters, and otherwise spotless record of service.
Therefore, the board by a majority vote of (4-1) recommends an upgrade to Under Honorable 
Conditions for the following reasons:
The Board does not find that the applicant was fully proven to be an 'accessory' given there is no premeditated 
behavior demonstrated with the other shipmate that instigated the incident.
The command climate (in a sensitive OUTCONUS location) prompted a harsher penalty on the applicant. Due 
to the future probability of similar undesirable activities by the crew, the command wanted to make an 
example that further actions of this nature would not be tolerated.
As part of the aforementioned agreement while facing (CM) charges, the applicant had to agree to an 
Under Other Than Honorable discharge, and testify against the other shipmate involved. The majority 
Board concludes that this is not considered a serious offense. Additionally, it's an isolated incident in 
which the punishments and separation appear to exceed the articles violated.
If the applicant proceeded with Summary Court Martial proceeding, the board has reasonable doubt (based on 
the aforementioned variables) that the charges against the applicant would have met all of the UCMJ elements 
within each article.

The applicant's respectable service record of 4 years and 9 months firmly illustrate a valued and trusted 
professional's body of work.
Minority Board vote of (1-4) recommends no upgrade to the Under Other Than Honorable:
The applicant entered into an agreement to be provided with greater immunity in lieu of a Court Martial 
punishment. Within a Triable by Court Martial mechanism, the SPD code of KFS is the standard to separate 
individuals for the 'Good of the Service' with the Under Other Than Honorable character of service.
 
Final Adjudication by Assistant Commandant For Human Resources: No relief. Concur with the Minority 
Board. Stand as issued.