DRB 2015-041

**Applicable Policy**

Military Separations Manual: 1.B.17 (previously Personnel Manual COMDTINST M1000.6A ART 12.B.18), prescribes standards for processing individuals for Misconduct.

**Summary of Service/Disciplinary Action**

- Age at enlistment in USCG: 20
- Periods of unauthorized absences: None
- Civil actions: None
- Military Actions:
  a. Non Judicial Punishment: None
  b. Court Martial: None
- Highest rating achieved: SN
- ASVAB AFQT: 39
- Active service completed: 1 year, 10 months, 7 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 was raped and sexually assaulted in 2005 and sent to Milwaukee for treatment. I ended up being taken away from my doctor and sent to a ‘fit for full duty station’ while on heavy narcotics for pain. My mother filed a congressional investigation against the Coast Guard without me knowing about it. My command members yelled at me for this stating I was “pissing off the big wigs’. I was at the end of my medical board when they stopped it and started a discharge. ”

**Board’s Discussion and Conclusion**

**DISCUSSION**: The applicant was discharged for Misconduct due to inappropriate relationships in the summer of 2007.

The Board finds no issues with propriety or equity in this case. The applicant received an Honorable discharge and did NOT object to the terms of the discharge. The applicant was notified of the intent to discharge, and the applicant was advised of the right to an attorney.

Please see the following page for offenses leading to the discharge:
The Board does note that an Honorable discharge is not normally issued with any JK family SPD code that all receive the Narrative Reason (NR) of Misconduct. Therefore, it is recommended to amend to the JND SPD code with the NR of Separation for Miscellaneous/General Reasons for greater legal sufficiency. The command noted that the applicant’s performance was satisfactory aside from the inappropriate romantic relations. The applicant did not receive formal Non-Judicial punishment to meet the elements normally associated with a JKM, JKA or JKQ SPD code. The applicant was deemed no longer suitable for continued service due to the inability to meet a condition of employment by refraining from fraternizing romantically with shipmates.
Also of note, the Board does note the current claim by the applicant of a sexual assault allegation and pending medical issues that were never resolved. The Board’s recommendation is based on the applicant’s acknowledgment on April 10, 2007, to be discharged under the terms issued. The Board did consider other NR options of Condition, Not a Disability or Adjustment Disorder based on the written feedback from Naval Health Clinic Great Lakes and the Orofacial Pain Treatment Center of Wisconsin (April 20, 2007) prior to the discharge. The final diagnosis states that the applicant was a candidate for continued TMJ treatment to their jaw and recommended for a surgical consultation, but there is no mention about terminating employment based on the aforesaid reasons, or for a medical board to be commenced.

The Board does not have the authority to make advisory opinions for medical NR for separations based on the current documentation provided by the applicant, or the mention of a previously unreported sexual assault encounter. The applicant can seek further redress with the Board of Correction for Military Records to request relief on these issues.

**RECOMMENDATION**: The Board members thoroughly reviewed the applicant’s record of service and all available documentation2.

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

**Board Conclusion**: The Board voted 5-0 to recommend the following relief:
Character of Service No Change 
Separation Authority No Change 
Separation Code JND 
Reentry Code No Change 
Narrative Reason Separation for Miscellaneous/General Reasons