DRB 2015-045

**Applicable Policy**

Military Separations Manual: COMDTINST M1000.4, Art 1.B.15 prescribes standards for processing individuals for Separation For Miscellaneous/General Reasons.

**Summary of Service/Disciplinary Action**

	A.	Age at enlistment in USCG: 21
	B.	Periods of unauthorized absences: None
	C.	Civil actions: None

**Military Actions:**

a. Non Judicial Punishment: None
b. Court Martial: None

	D.	Highest rating achieved: AMT3
	E.	ASVAB AFQT: 68
	F.	Active service completed: 4 years, 8 months, 5 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 “Meets the criteria for an ‘Honorable’ discharge per Military Separations, COMDTINST M1000.4, Art. 1.B.2.f. Marks for last enlistment and entire Coast Guard service exceeded the standards for an ‘Honorable’ discharge. Was not arrested or convicted of a serious offense that would have warranted a ‘General’ discharge.”

**Board’s Discussion and Conclusion**

**DISCUSSION:** Discharged for Separation for Miscellaneous/General Reasons in the Spring of 2015.

After accumulating two alcohol incidents, a DUI in 2011 and public intoxication in 2015, the command began processing the applicant for discharge in early 2015. The command recommended for an Honorable Discharge. Just 1 month later, the command amended the recommendation to read that a General discharge ‘may be awarded’. The Board notes that most or all JND SPD discharges occurring prior to 2015 have received an Honorable discharge. While the Board does unanimously agree that the propriety standard is met, the equity standard brought about a lengthy debate.

**Majority Recommendation (by vote of 3-2):** Applicant does not deny the incidents that led to the discharge; Rather, seeking an Honorable discharge that was recommended by the command based on a positive evaluation history and overall record. Board notes the following sequence of events:

1. **February 17, 2015:** Command intent to discharge. No recommendation made by the command on the type of discharge or character of service. No mention of what ‘may’ be awarded, but that the final decision rests with USCG Personnel Service Center, Enlisted Personnel Management (PSC epm-1).

2. **February 18, 2015:** Acknowledges discharge in waiving the right to a statement, but objecting to the discharge. Makes no mention of what character of service is desired.

3. **February 26, 2015:** A separate memorandum titled ‘discharge recommendation’ is sent directly from the command to (PSC epm-1) recommending an Honorable discharge.

4. **March 20, 2015:** An amendment to the February 17, 2015 memo is presented to the applicant where wording of a ‘general discharge may be awarded’ replaces the (PSC epm-1) determination.

5. **March 24, 2015:** Consults with a military attorney and will not object to the discharge if an Honorable character of service is received.

6. **April 2, 2015:** Separation orders are authorized PSC epm-1 with Under Honorable Conditions as the approved character of service.

7. **May 5, 2015:** Officially discharged from the service.

The Majority Board finds that presenting the applicant with a ‘you might receive a General discharge’ after the initial intent to discharge 30 days prior demonstrates clear inequities toward the command’s ‘silent’ recommendation (not shared or presented to the applicant), and the applicant being afforded all of the details upfront to make an informed statement or rebuttal. The sequence highly suggests that the command’s silent recommendation to the Separation Authority was never considered and quickly dismissed. Thereafter, the wording removal of ‘PSC as the final determination’ (in item 4) was replaced with the ‘possibility of a General Discharge’ (Separation Authority’s initial and final opinion).

The Board notes that the separation authority will terminate employment for cause and may ultimately disagree with the command recommendation on final determinations; however, the Board notes that command recommendations should not be stamped out or silenced altogether. The Board advisory opinion notes that the first intent to discharge memo to the applicant should have had all of the following items:

- Command recommendation for the applicant’s character of service as Honorable
- Wording that a ‘General discharge with Under Honorable Conditions character of service may be awarded’.
- Final determination rests with PSC

Due to those items appearing at different segments of the discharge counseling process whilst interchanging them, the character of service issued does not meet the equity standard. The Majority board recommends an upgrade to an Honorable Discharge. A reentry code of RE-4 shall remain as issued.

**Minority Recommendation (by vote of 2-3):** The Minority Board finds no issues with propriety or equity in this case. No relief other than an administrative change to Under Honorable Conditions for the character of service listed in Block 24 of the applicant’s DD-214. Per previous policy issued in ALCOAST 562/08, a General discharge is no longer considered an official character of service. Therefore, the board recommends amending Block 24 to an Under Honorable Conditions character of service.

The cause for the error was due to the Direct Access upgrade to the 9.1 version at the start of the calendar year 2015 in which the programmers listed General vice Under Honorable Conditions as an option for Block 24. The list of entries for Block 24 has since been reprogrammed by COMDT (CG-631). All other items stand as issued.

RECOMMENDATIONS: The Board members thoroughly reviewed the applicant’s record of service and all available documentation.

Minority Board recommendation: The Minority Board voted 2-3 to recommend the following changes:

DD-214 Item Board Decision

24. Discharge Under Honorable Conditions (Minority Vote 2-3)
25. Authority COMDTINST M1000.4, Art 1.B.15
26. Separation Code No Change
27. Re-entry Code No Change
28. Narrative Reason No Change

Majority Board recommendation: The Majority Board voted 3-2 to recommend the following changes:DD-214 Item Board Decision
24. Discharge Honorable (Majority Vote 3-2)
25. Authority COMDTINST M1000.4, Art 1.B.15
26. Separation Code No Change
27. Re-entry Code No Change
28. Narrative Reason No Change