Application Receipt Date: 060203 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents. 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: 971010 Chapter: 8-27(f) AR: NGR 600-200 Reason: Unsatisfactory Participation RE: SPD: NA Unit/Location: 126th Maint Company (-) IL ARNG Quincy, IL 62301-1531 Time Lost: None Article 15s (Charges/Dates/Punishment): NIF Court-Martials (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 750225 Current ENL Date: 920806 Current ENL Term: 6 Years ????? Current ENL Service: 05 Yrs, 01 Mos, 15Days ????? Total Service: 05 Yrs, 01 Mos, 15 Days ????? Previous Discharges: IADT-930622-931123/Concurrent Sevice Highest Grade: E4 Performance Ratings Available: Yes No MOS: 77W10 Water Treatment Spec GT: 101 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, ARCAM, ASR, IL MAR, AAM (Post Service) V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: The applicant attained the rank of Sergeant and was honorably discharged from the Illinois National Guard. He also received a bachelor of arts degree from Quincy University. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The facts and circumstances leading to the applicant’s discharge are not contained in the available records. However, the record does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service) which the applicant was unavailable for signature. It indicates that the applicant was discharged under the provisions of paragraph 8-27f, NGR 600-200, by reason of unsatisfactory participation with a characterization of service of general, under honorable conditions and a Reenlistment Eligibility Code of RE 3. Evidence of record shows that on 6 October 1997, Department Of Military Affairs, State Of Illinois, Springfield, Illinois, Orders 192-043, discharged the applicant from the Army National Guard and assigned him to the USAR Control Group (Annual Training) to complete his statutory obligation, effective: 10 0ctober 1997. b. Legal Basis for Separation: National Guard Regulation (NGR) 600-200 and Army Regulation 135-91 govern procedures covering enlisted personnel management of the Army National Guard. Chapter 8 of NGR 600-200 covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the State Army Reserve National Guard. Paragraph 8-27(f) of that regulation provides in pertinent part that individuals can be separated for being an unsatisfactory participant. Army Regulation 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills occur during a 1 year period. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available military records for the period of enlistment under review, the issue and documents he submitted, the analyst recommends relief be denied in this case. The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the State of Illinois Army National Guard and transfer to the United States Army Reserve Control Group (Annual Training). However, Orders 192-043, discharged the applicant from the Army National Guard under the provisions of Chapter 8-26f, NGR 600-200, with a characterization of service of general, under honorable conditions, and a reenlistment eligibility (RE) code of "3." This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process. The analyst noted the applicant’s contentions; however, the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review. 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, the narrative 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: 061220 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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 characterization of service was too harsh, and as a result it is now inequitable. The Board found that the the overall length and quality of the applicant's service; and his post service accomplishments mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to fully honorable. However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it. Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: Thru: Chief, National Guard Bureau Date: 20 December 2006 To: Adjutant General, State of Illinois The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I recommends that the applicant be considered for a change of his discharge by the Adjutant General, State of Illinois, with issuance of a new NGB Form 22, as follows: ( X ) Change characterization of discharge to Honorable. 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: 061222 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060001851 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages