ORB DIGEST/EXECUTIVE SUMMARY ORB DOCKET 2017-005 NAME E2 CURRENT DD-214 Honorable, COMDTINST Ml 900.4D, JKQ, RE4, Misconduct RELIEF REQUESTED REl, Upgrade to Narrative Reason For Separation RELIEF GRANTED BYDRB No Relief ADMIN CORRECTIONS COMDTINST Ml000.4, Art. 1-B-17 TIS 9 months, 19 days Policy Implications None EXECUTIVE SUMMARY: The Applicant was discharged in January of 2017. The Applicant's Character of Service is Honorable and the Narrative Reason for Separation is Misconduct. The reason for his separation was due to a DUI crash where he was arrested by a Florida Police Department. During the arrest, the Applicant refused a lawful breath test requested by Law Enforcement. He did not provide any further information or evidence which would substantiate a change in the Narrative Reason For Separation or his RE code. In accordance with ALCOAST 146/14, paragraph 4.d.2, administrative discharge proceedings will be initiated for any member who refuses to take a blood alcohol test or breathalyzer by a recognized authority for suspicion of drunken or impaired operation of a vehicle, aircraft or vessel. After further review from CG-LGL, it was determined the correct Separation Authority of COMDTINST Ml000.4, Art. 1-B-17 should be used to properly align with the Military Separations Manual. COMDTINST Ml 900.4D which is utilized was cancelled prior to the previous member's discharge and should not have been used. Propriety: Discharge was proper. Equity: Discharge was equitable. Final Adjudication by Assistant Commandant for Human Resources: Concur with the Board. No relief.