DRB DIGEST/EXECUTIVE SUMMARY DRB DOCKET 2017-031 NAME E4 CURRENT DD-214 Honorable, COMDTINST M1000.4, Art 1-B-2, JKQ, RE4, Misconduct RELIEF REQUESTED RE-1 RELIEF GRANTED BY DRB None ADMIN CORRECTIONS COMDTINST M1000.4, Art. 1-B-17 TIS 4 yrs, 08 months, 24 days Policy Implications None EXECUTIVE SUMMARY: The Applicant was discharged in August of 2016. The Applicant’s Character of Service is Honorable and the Narrative Reason for Separation is Misconduct. The reason for his separation was due to Misconduct involving a DUI arrest he received from a Police Department in New York. The Board discussed the case and the equality based on a person discharged for a DUI. The Board noted the applicant gave a breath sample of .19 which was over the .08 legal limit of impairment. The Board did not note any case of impropriety in regards to this discharge. A check of COMDTINST M100.4, Art. 1-B-2 is the defining article of discharge noting Misconduct as a reason for discharge. An administrative change to have the Separation Code read COMDTINST M1000.4, Art. 1-B- 17 is more appropriate and in alignment with the Separation Authority presented and EPM-1 endorsement. Propriety: Discharge was proper. Equity: Discharge was equitable. Board Conclusion: The Board voted 5-0 to recommend no relief. An administrative correction to the Separation Authority was noted.