DRB 2015-040

**Applicable Policy**

Military Separations Manual: 1.B.17 (previously Personnel Manual COMDTINST M1000.4 1-B-20), prescribes standards for processing individuals for Triable by court martial.

**Summary of Service/Disciplinary Action**

- Age at enlistment in USCG: 24
- Periods of unauthorized absences: None
- Civil actions: None
- Military Actions:
  a. Non Judicial Punishment: None
  b. Court Martial:
- Highest rating achieved: MST2
- ASVAB AFQT: 86
- Active service completed: 7 years, 8 months, 29 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 “I am requesting an upgrade in my discharge status. I am pursuing a higher degree in education that I would like to use in order to teach. I am currently ineligible to use my GI Bill benefits due to my status. I served honorably for seven years.”

**Board’s Discussion and Conclusion**

**DISCUSSION**: The applicant was discharged for being Triable By Court Martial in late 2011.

In the year leading up-to the discharge, the applicant had three separate instances of domestic disputes with the same romantic partner that involved assault. The charges were docketed for a Special Court Martial in which the applicant requested an Other Than Honorable discharge to avoid the forthcoming proceedings and punishment.

The CGIS report of Investigation fully supports the adverse actions leading to the discharge. The Board finds no issues with propriety or equity in this case.

**RECOMMENDATION**: The Board members thoroughly reviewed the applicant’s record of service and all available documentation. The Board deemed that the applicant’s character of service, reason for separation, and reenlistment code are appropriate and should not be changed. The applicant has not substantiated any error or inequity.

- Propriety: Discharge was proper.
- Equity: Discharge was equitable.

**Board Conclusion**: The Board voted 5-0 to recommend no relief.