DRB DIGEST/EXECUTIVE SUMMARY DRB DOCKET 2016-024 NAME CURRENT DD-214 RELIEF REQUESTED RELIEF GRANTED BY DRB ADMIN CORRECTIONS TIS Policy Implications E7 Under Honorable Conditions, COMDTINST M1000.4, 1.B.17, GKQ, RE4, Misconduct Honorable Honorable, COMDTINST M1000.4, Art. 1-b-17 None 15 yrs, 10 months, 3 days None EXECUTIVE SUMMARY: The Applicant was discharged in August of 2015. The Applicant and his attorney, appeared in person. The Board examined the Military Separations manual with respect to the criteria for characterization of service for the Under Honorable Conditions and for Honorable discharge. Given the totality of the member's service record against the criteria, the Board believed the discharge characterization of a General discharge drew significant equitability concerns in accordance with Part 51 Title 33 of the CFR, which discusses the equity standards of review. The Board reviewed the Applicant’s military service record and letters of recommendation, and determined the material to be relevant. The Board discussed if there was sufficient evidence that established the quality of the Applicant’s service and if the type of discharged received was justifiable. Despite the incident, the Board does recommend an upgrade. The majority opinion (3-2) among the panel is that the Character of Service is best characterized as ‘Honorable’. The Applicant’s attorney specifically pointed out “Finding of Fact #9” of the ADSEP board report, where it states that the county Attorney’s Office determined there was insufficient evidence to proceed with a DUI charge but instead, the Applicant was charged reckless driving with property damage. For this reason, the Applicant’s attorney stated that CG-PSC’s Action of the Final Reviewing Authority incorrectly states that the Applicant committed a serious offense when they were arrested for driving under the influence of alcohol, to include fleeing the scene of an accident and refused to provide a breath sample. Propriety: Discharge was proper. Equity: Discharge was not equitable on the Character of Service Discharge. Final Adjudication by Assistant Commandant for Human Resources: Concur with the Board to provide the following relief: DD-214 Item 24. Discharge Board Decision Honorable