DRB 2014-036

Applicable Policy

Reserve Policy Manual: 4.C.1 prescribes standards for processing individuals for Unsatisfactory Participation. The Counseling and Disciplinary Action portion prescribes measures for documenting Absences, Performance, and Quality of Work. A member must be notified in person or by certified mail with the dates of the next drill period and any command action should failure to report take place.

Summary of Service/Disciplinary Action

Age at enlistment in USCG: 18
Periods of unauthorized absences: None
Civil actions: None

Military Actions:

Non Judicial Punishment: None
Court Martial: None

Highest rating achieved: BM3
ASVAB AFQT: 61
Active service completed: 04 Months, 08 Days
Reserve service completed: 05 Years, 07 Months

Applicant’s Issues and Documentation

Documentation: In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

DD Form 293
Supporting Documentation

ISSUES: The applicant states that they left the service due to a hardship caused by a 28/14 offshore work schedule that did not permit them to meet the obligations of attending drill periods. The applicant attempted to transfer to the IRR via memo submission to their command and RPM dated 20 AUG 2008. There were no signatures on the memo that was provided. The Board stated that this was possibly because the member had a remaining Military Service Obligation on their contract, therefore making them ineligible for the component change. The former member’s unit did not counsel them and document any of their missed drill periods on a CG-3307 which also serves as a method to notify the member of their progressive decline. This method is prescribed in the Reserve Policy Manual 4.C.1 referenced above. The discharge package was signed by the member. They provided a statement on their behalf and did not object to the discharge. The applicant is requesting relief in the form of an Honorable Discharge.

Board’s Discussion and Conclusion

DISCUSSION: The applicant was discharged for Misconduct due to Unexcused Absences as a drilling reservist with a separation type of an Established Pattern of Shirking with a General Discharge. The Board utilized available information contained in electronic records and documents submitted by the applicant. Additional research was conducted in Direct Access and with RPM to search for any instance of documenting their poor performance standards. No proof of said documentation could be produced. The applicant had an EER in Direct access with no derogatory markings or comments that were approved well after missing several drill periods. The last record of any drilling period was in 2007 which was over 2 years before the discharge was issued. Pursuant to policy, the applicant was processed for Discharge due to shirking.

The Board notes the comments made on the current application, but there is no evidence to show that the applicant received an approved break from drilling by transferring to ISL, ASL, or IRR component while in a hardship situation. These actions are incumbent on every drilling member of the Ready Reserve. The Board finds issues on the basis of equity or propriety. The applicant has not provided any new information to refute the terms of the Discharge. The Board reviewed the qualifications for a Hardship Discharge of which the former member did not qualify.

RECOMMENDATION: The Board members voted to recommend relief on “JHJ” as the SPD Code, “Unsatisfactory Performance” as the Narrative Reason for Separation, “COMDTINST 1000.6A Art. 12-B-9” as the authority, and “RE3” as the Reentry Code. Pursuant to Article 4.B.1 of the Reserve Policy Manual, COMDTINST M1001.28A, commands are required to “monitor member participation” and “Correct performance deficiencies by timely counseling of members who are not participating satisfactorily. Commands shall document all counseling in accordance with Preparation and Submission of Administrative Remarks (CG-3307).” There is no record of the command complying with these requirements before recommending the applicant for discharge. An inequity was found with the discharge, and therefore relief is recommended based on the lack of documentation to uphold any counseling of the member for non-participation of scheduled drill periods. However, the information in Direct Access upholds the former member’s poor attendance record and is therefore recommended to receive the changes listed below, which are in accordance with standard discharges of this type.

Propriety: Discharge was not proper.
Equity: Discharge was not equitable.

Board Conclusion: The Majority Board voted 5-0 to recommend relief as stated below.
Discharge - Honorable
Authority - COMDTINST M1000.6A Art 12-B-9
Separation Code - JHJ
Re-Entry Code - RE-3
Narrative Reason - Unsatisfactory Performance