Application Receipt Date: 060511 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293. 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: 000609 Chapter: 8-26h AR: NGR-600 Reason: Homosexual RE: SPD: NA Unit/Location: B Company (Maint) 634th Support (FSB) Champaign, IL 61820-3720 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: 780214 Current ENL Date: 970916 Current ENL Term: 6 Years 10 mos, 10 days Current ENL Service: 02 Yrs, 08 Mos, 24 Days ????? Total Service: 03 Yrs, 10 Mos, 14 Days ????? Previous Discharges: USAR-960622-970915/UNC Highest Grade: E5 Performance Ratings Available: Yes No MOS: 71L00 GT: 112 EDU: 14 years Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The facts and circumstances pertaining to the applicant’s discharge from the State Of Illinois Army National Guard and as a reserve of the Army 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 8-26h, NGR 600-200, by reason of homosexual, with service uncharacterized and a Reenlistment Eligibility (RE) Code of RE "3." Evidence of record shows that on 8 June 2000, Department Of Military Affairs, Camp Lincoln, Springfield, Illinois, discharged the applicant from the Army National Guard and as a reserve of the Army, effective: 9 June 2000, with service uncharacterized. 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. NGR 600-200 policy states that the service of personnel separated under the provisions of Paragraph 8-26h, NGR 600-200, may receive an uncharacterized discharge. For ARNGUS and USAR Soldiers, entry-level status begins upon enlistment in the ARNG or USAR. For Soldiers ordered to IADT for one continious period, it terminates 180 days after beginning training. For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training (IADT). (Soldiers completing Phase I BT or basic combat training (BCT) remain in entry-level status 90 days after beginning Phase II.) 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, and the issue she submitted, the analyst recommend 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 her discharge from the State Of Illinois Army National Guard and as a reserve of the Army. However, the available records does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service), which the applicant was unavailable for signature. This document identifies the reason and characterization of the discharge 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, Paragraph 8-26(h), NGR 600-200, by reason of homosexual, with service uncharacterized. For ARNGUS and USAR Soldiers, entry-level status begins upon enlistment in the ARNG or USAR. For Soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training. For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training (AIT). (Soldiers completing Phase I BT or basic combat training (BCT) remain in entry-level status 90 days after beginning Phase II). In the absence of corroborated 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 analyst determined 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: 28 March 2007 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 is improper. The Board does not condone the applicant's misconduct; however, determined that the length of the applicant's service mitigated the discrediting entry in her service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. However, the Board found that 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: 28 March 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 her 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. ( X ) Other (see remarks below). Remarks: This action entails issuing a new order discharging the applicant’s from the Reserve of the Army with an Honorable characterization of service. RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 30 March 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060006792 Applicant Name: Ms. ______________________________________________________________________ Page 6 of 6 pages