DRB DIGEST/EXECUTIVE SUMMARY DRB DOCKET 2016-049 NAME E4 CURRENT DD-214 General, COMDTINST M1000.4 Art 1-B-17, JKQ, RE4, Misconduct RELIEF REQUESTED Honorable RELIEF GRANTED BY DRB None ADMIN CORRECTIONS Under Honorable Conditions TIS 4 years, 9 months, 16 days Policy Implications None EXECUTIVE SUMMARY: DISCUSSION: The Applicant was discharged in August 2015 for Misconduct. In March 2015, she was separated from the Coast Guard for Misconduct due to Commission of a Serious Offense. In the fall of 2014, the Applicant was arrested by the Jackson County Sheriff’s Department and charged with driving under the influence, resisting arrest, disorderly conduct, destroying city property and operating a vehicle with no driver’s license and insurance. All the charges were dismissed from the county court. However, based on the preponderance of the evidence the Applicant did commit a serious offense. The Board also discussed how the Applicant’s service record displays that she was a solid, above average performer. Despite this unfortunate incident, the Board does not recommend an upgrade to her Character of Service to reflect Honorable. The majority opinion (3-2) among the panel is that the discharge to stand as issued. Minority Board voted 2-3 that the totality of service is best characterized as “Honorable”. The circumstances surrounding the arrest were brought into question and with subsequent dismissal of the charges, there exists doubt that the overall severity of the incident exists. The “preponderance of the evidence threshold” for commission of a serious offense, combined with her strong record of performance no longer supports an “Under Honorable Conditions” characterization. The Board finds no issues with propriety or equity in this case. The Applicant was notified of the intent to discharge, and the applicant was advised of her rights to an attorney, and made a statement on her behalf. The Board notes the Applicant was issued General in Block 24 of the DD-214. The Board recommends an administrative change to Under Honorable Conditions as General is not a valid character of service per ALCOAST 562/08. Propriety: Discharge was proper. Equity: Discharge was equitable. Board Conclusion: The Board voted 3-2 to recommend no relief. The Board does recommend an administrative correction to Under Honorable Conditions per ALCOAST 562/08.