Application Receipt Date: 060123 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293, with attachments. The applicant avers that his medical conditions extenuated his record of performance and misconduct. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 040602 Chapter: 12 AR: 135-178 Reason: Acts or Patterns of Misconduct RE: SPD: JKA Unit/Location: Detachment 1, Company A, 1st Battalion, 108th Aviation, Arnold Avenue, Salina, Kansas 67401 Time Lost: 37 days-031220-040126; 18 days-040130-040216; 89 days-040305-040602/DD-214. Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 680309 Current ENL Date: OAD/010807 Current ENL Term: 3 Years ????? Current ENL Service: 2 Yrs, 9 Mos, 25 Days ????? Total Service: 17 Yrs, 4 Mos, 12 Days ????? Previous Discharges: USNR-850418-880418/NA OAD-860203-860516/HD ARNG-940324-941128/HD USN-941129-960307/HD ARNG-960722-970707/HD USAR-970708-000912/N/A ARNG-000913-010806/NA Highest Grade: E5 Performance Ratings Available: Yes No MOS: 88M20, Motor Transport Operator GT: 108 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: AAM, JMUA, JSAM, AFSM, SSDR, NDSM (2), AFEM, ASM V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None were submitted. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The applicant’s record is void of the specific facts and circumstances concerning the events that led to the applicant's discharge from the State of Kansas Army National Guard and as a Reserve of the Army. However, the available records contain a properly constituted DD-214 (Certificate of Release or Discharge from Active Duty). The applicant's DD-214 shows that the applicant was discharged under the provisions of Chapter 12, Paragraph 1B, AR 135-178, by reason of Acts or Patterns of Misconduct with a general, under honorable conditions characterization of service, a separation code of JKA, and a reentry eligibility (RE) code of 3. b. Legal Basis for Separation: National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 govern procedures covering enlisted personnel management of the Army National Guard. Chapter 12 of Army Regulation 135-178, in pertinent part, reasons for discharge and separation of enlisted personnel from the State Army Reserve National Guard. Paragraph 12-1 of that regulation provides in pertinent part that individuals can be separated for misconduct by reason of one or more of the following: minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, and abuse of illegal drugs. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available records for the period of enlistment under review, the applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty). This document identifies the reason and characterization of the discharge and Government regularity in the discharge process is presumed. That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 12, AR 135-178, paragraph 1b by reason of misconduct-acts or patterns of misconduct, with a characterization of service of general, under honorable conditions. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. Barring evidence to the contrary, the Analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Therefore, it is recommended to the Board that the reason for discharge and the characterization of service were both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 17 January 2007 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: N/A VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change No change (Character) Change No change (Reason) (Board member names available upon request) IX. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, and voted not to change it. Case report reviewed and verified by: Mr. John Zangas, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: None RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 19 January 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060001300 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages