Application Receipt Date: 060224 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293 and supporting 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: 960301 Chapter: 8 NGR: 600-200 Reason: Misconduct RE: SPD: NA Unit/Location: Company C, 133rd Signal Battalion, IL ARNG, Crestwood, IL Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 520115 Current ENL Date: 870918 Current ENL Term: 06 Years (Extended for a period of 6 years 930828, for a new ETS of 990917) Current ENL Service: 08 Yrs, 05Mos, 14Days ????? Total Service: 14 Yrs, 03Mos, 14Days ????? Previous Discharges: ARNG-811117-820221/NA ADT-820222-820821/HD ARNG-820822-870917/HD Highest Grade: E5 Performance Ratings Available: Yes No MOS: 74C10 (Telecommunications Center Operator) GT: NIF EDU: Coll Grad Overseas: None Combat: None Decorations/Awards: ASR, NDSM, HSM, NCOPDR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: States he graduated from Kennedy King College in 2004. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The facts and circumstances leading to the applicant’s discharge from the Illinois Army National Guard 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, NGR 600-200, by reason of misconduct with a characterization of service of general, under honorable conditions and a reentry eligibility (RE) code of "3". The record also contains a discharge order number 36-67, from the State of Illinois Department of Military Affairs, 1301 North MacArthur Bovlevard, Camp Lincoln, Springfield, 62702 dated 22 February 1996. The order shows that the applicant, was discharged with a charcterization of service of under honorable conditions, under the provisions of NGR 600-200. b. Legal Basis for Separation: National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 govern procedures for the administrative separation of enlisted personnel of the Army National Guard and Army Reserve. Chapter 8 of NGR 600-200 covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the State Army National Guard and as a Reserve of the Army. The regulation defines misconduct by reason of one or more of the following: minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, abuse of illegal drugs, and conviction by civil authorities. 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 issues and documents he submitted, the analyst recommends that 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. However, the available records does contain a properly constituted NGB Form 22, which the applicant was unavailable for signature. This document identifies the reason and characterization of the service and the analyst presumed Government regularity in the discharge process. The evidence of record shows the applicant was discharged under the provisions of Chapter 8, NGR 600-200, by reason of act or pattern of misconduct with a characterization of service of general, under honorable conditions. 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 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 April 2007 Location: Chicago, IL Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None Exhibits Submitted: Character Letters (6) and Funeral Information 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, hearing his testimony 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 determined that the applicant's length of service, the time that has elasped since his discharge, and his post service accomplishments, mitigated the discrediting entries in his service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. 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: Eric S. Moore, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: Thru: Chief, National Guard Bureau Date: 17 April 2007 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: NA XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 8 May 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060002808 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages