DRB 2015-042

**Applicable Policy**

Military Separations Manual: 1.B.17 prescribes standards for processing individuals for Misconduct.

**Summary of Service/Disciplinary Action**

	A.	Age at enlistment in USCG: 25
	B.	Periods of unauthorized absences: None
	C.	Civil actions: None

**Military Actions:**

a. **Non-Judicial Punishment:**

   i. 11/08/2013

      1. UCMJ Article 92 - Failure to obey order or regulation. In that FN [Name] having knowledge of a lawful order issued by LT [Name] on 25 APR 2013 to refrain from any contact or communication, including telephone, with MK2 [Name] and his wife [Name], an order which was FN [Name]'s duty to obey, did on or about 20 August 2013 fail to obey the same.

      2. UCMJ Article 134: Adultery. In that FN [Name] did at West Hampton Beach Government Housing from on or about December 2012 to April 2013 wrongfully have sexual intercourse with [Name], a married woman and not his wife, to the prejudice of good order and discipline.

b. **Court-Martial:** None

- Highest rating achieved: FN
- ASVAB AFQT: 84
- Active service completed: 1 year, 8 months, 23 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 have recently been admitted to Texas A&M University Galveston. I have been accepted to the Texas Maritime Academy. I wish to pursue a degree in marine transportation. I respectfully request my discharge upgraded to ‘Honorable’ in order to use my Post 9/11 GI Bill.”

**Board’s Discussion and Conclusion**

**DISCUSSION:** The applicant was discharged for Misconduct in early 2014 due to the commission of a serious offense. The applicant admitted to 15-20 sexual encounters with a shipmate's spouse over a 9-month period. The inappropriate relationship persisted even after being ordered to cease all contact just 4 months prior to the discharge.

**DRB 2015-042**

The Board finds no issues with propriety or equity in this case. The applicant was notified of the intent to discharge and advised of the rights to an attorney. The applicant made a statement to ask for an Honorable discharge but did NOT object to discharge. However, the Board recommends a lateral administrative change to the Narrative Reason for Separation to: Pattern of Misconduct (with JKA SPD code) to better align with the actions leading to the discharge.

**RECOMMENDATION:** The Board members thoroughly reviewed the applicant’s record of service and all available documentation. The Board deemed that the character of service, separation authority, and reenlistment code are appropriate and should not be changed. Please note the administrative changes recommended below. The applicant has not substantiated any error or inequity to grant the relief requested.

a. **Propriety:** Discharge was proper.
b. **Equity:** Discharge was equitable.
c. **Board Conclusion:** The Board voted 5-0 to recommend no relief.

**Board Addendum dated 4/8/2016:**

After further discussion with the CG Office of General Law, the Board notes that the applicant did not meet all the elements for the Pattern of Misconduct Narrative Reason. Said Narrative requires 2 NJP’s in a 2-year period. The applicant was discharged with Misconduct, Commission of a Serious Offense. The applicant received NJP on 8 November 2013 for violations of Article 92(2)-Failure to obey order or regulation and Article 134-Adultery. Therefore, the applicant's discharge should stand as issued.

Under COMDTINST M1000.4 Art. 1.B.17.b., a service member can be discharged for Pattern of Misconduct if they have two or more non-judicial punishments, courts-martial, or civilian conviction within a two-year period. While the service member was punished for two different offenses, it was one NJP and technically does not satisfy the requirements for Pattern of Misconduct as defined by the Military Separations Manual. Final Board recommendation:

Discharge should remain as issued.