DRB 2013-056 Applicable Policy Military Separations Manual: 1.B.17 (previously Personnel Manual, ART 12.B.18), prescribes standards for processing individuals for Pattern of Misconduct. Legacy Personnel Manual, ART 12.B.9 prescribes standards for processing individuals for Unsatisfactory Performance. Summary of Service/Disciplinary Action A. Age at enlistment in USCG: 18 B. Periods of unauthorized absences: None C. Civil actions: None D. Military Actions: a. Non Judicial Punishment: i. 9/22/2009 1. ART. 92, UCMJ: Failure to Obey Order or Regulation by not completing potable water test on duty, falsifying the in-port round sheet. 2. ART. 134, UCMJ: (GENERAL) Member was dishonest when questioned about the potable water test. 3. Added at NJP: ART. 107, UCMJ: False Official Statement, Falsified log. 4. Member awarded Restriction for 14 days, extra duty for 14 days, and reduction in pay grade to E-2. Suspended for 6 mos: 7 days restriction, 7 days extra duty, reduction in pay grade to E-2. ii. 10/1/2009 1. ART. 92, UCMJ; Failure to Obey Order or Regulation; On 30SEP09, the individual was found playing a hand-held video game while on watch as the quarter of the watch. The individual was told by the Commanding Officer on 25SEP09, that playing video games on watch was not allowed. 2. Member awarded 14 days restriction, 14 days extra duties, and reduction in pay grade to E-1. This is a vacation of the suspension of 7 days restriction, 7 days extra duty, and reduction in pay grade to E-2. b. Court Martial: None F. Highest rating achieved: SN G. ASVAB AFQT: 66 H. Active service completed: 1 year, 6 months, 16 days Applicant’s Issues and Documentation Documentation: In addition to the service record, the following additional documentation, submitted by the applicant, was considered: A. DD Form 293 B. Supporting Documentation Issues: The applicant states that they were stupid and made mistakes. Applicant states that since their discharge they have earned an Associate’s Degree in Computer Systems Technology and acquired certifications in computer networking. Applicant states that they would like to join a branch of military Reserve. Board’s Discussion and Conclusion DISCUSSION: The applicant was discharged for Pattern Of Misconduct due to receiving two Non-Judicial punishments within a 2 year period. The applicant’s complete Personnel Data Record and Separation Package were available for the Board to review. The applicant consistently was given opportunities to excel while aboard CGC Naushon from October 2008 to early 2010. In January 2010, their command initiated separation proceedings which made their discharge final in March 2010. The applicant failed to complete the basic duties required of a crew member. As noted in 9 separate administrative remarks entries, they shirked on their watches, disobeyed orders, made false statements, disrespected superiors, and put others at risk due to their professional negligence. Despite the undesired behavior, the Board does recommend a partial upgrade to reflect that the applicant’s troubles were performance-laden in a very short period of time. They were a member of a small crew where deficiencies made a greater impact on everyone. At a young age, they had little room for error. The Board does recognize the adverse impacts of their actions; however, the consensus among the panel is that their service is best characterized as ‘Unsatisfactory Performance’ vice what is normally equitable with a ‘Pattern of Misconduct’. While the two NJPs in a short period meet the criteria of JKA SPD code, the separation was due to inept performance and immaturity. They did receive an Honorable Discharge at the time of separation. The applicant was notified of the intent to discharge, and the applicant was advised of their rights to an attorney, they did make a statement on their behalf and objected to the discharge. RECOMMENDATION: The Board members thoroughly reviewed the applicant’s record of service and all available documentation2. Propriety: Discharge was proper. Equity: Discharge was not equitable. Board Conclusion: The Board voted 5-0 to recommend partial relief on the following items 1. Discharge - No Change 2. Authority - COMDTINST M1000.6A,ART12.B.9 3. Separation Code - JHJ 4. Re-entry Code - RE-3Y 5. Narrative Reason -Unsatisfactory Performance