DRB 2015-046

**Applicable Policy**

Military Separations Manual: (previously Personnel Manual COMDTINST M1000.6A), prescribes standards for processing individuals for Misconduct.

**Summary of Service/Disciplinary Action**

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

   a. Non-Judicial Punishment:

      i. 2/24/2010

         1. ART 112a wrongful use or possession of a controlled substance, as SN tested positive for marijuana on 25 June 2009.

   b. Court Martial: None

E. Highest rating achieved: SN
F. ASVAB AFQT: 85
G. Active service completed: 2 years, 3 months, 15 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 “Seaman's discharge from the Coast Guard was improper because it was based on inconclusive results from an improperly administered hair analysis drug test. Seaman's failed drug test was caused either by marijuana consumed by Seaman prior to entry into the Coast Guard or from passive exposure from another’s use. The Coast Guard committed an error of procedure and discretion in employing the alternative practice of using leg hair to test for marijuana because it is less accurate than other testing methods such as using head hair or urine. Seaman was not advised of rights before and during the investigation.”

**Board’s Discussion and Conclusion**

DISCUSSION: The applicant was discharged for Misconduct due to Involvement with Drugs in the Spring of 2010.

A drug test was administered by Coast Guard Investigative Service that produced a positive result. The applicant’s command determined this to be a drug incident. The Board finds no issues with propriety or equity in this case. The Board has thoroughly read through the applicant’s petition and attorney brief; however, no new evidence has been presented to refute the illegal drug use. The applicant was notified of the intent to discharge, and the applicant was advised of the right to an attorney. The applicant made a statement on behalf and objected to the discharge.

Coast Guard policy prescribes no higher than a General, Under Honorable Conditions character of service for individuals separated as a result of violating the Coast Guard’s drug policy. Consistent with policy, the Coast Guard has zero tolerance for drug abuse. The General, Under Honorable Conditions discharge is equitable.

**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.