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ARMY | DRB | CY1999 | 1999024931
Original file (1999024931.rtf) Auto-classification: Approved
PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Character of Discharge: GD

2. Date of discharge (or REFRAD): 950101

3. Authority for separation:

         a. Regulation: Orders 246-137, Dept of Military Affairs, State of IL,
         dated 22 Dec 1994, and National Guard Regulation (NGR)
600-200.

          b. Reason: Misconduct
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            ARCOM(3)
a. Period entered for: 7 Years (6 Year Ext) AAM(2)
b. Entry date: 830117 (891202) NDSM(2)
c. Age: 32 Years DOB: 500506 HSM
d. Educational level: Col Grad NCOPDR(2)
e. Aptitude area score:
          GT: 116 3. Highest grade achieved:
f. Length of Service: E7
11 Years 11 Months 15 Days

4. Performance evaluations:
See OMPF

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence: NONE

 Status Inclusive dates
         AWOL

         Mil conf

         Civil conf

         Other


6. Nonjudicial punishment: NONE
         Date     Offense(s)
        


7. Court-Martial data: NONE
         a. SCM:
                  Date Offense(s)

        
         b. SPCM:
                  Date Offense(s)

         c. GCM: 
                  Date Offense(s)


8.       Remarks: NONE
SECTION B - Prior Service Data

Other discharge(s):

          Service   From      To        Type Discharge
         RA 690714 720113 HD
         USAR(CG) 720114 750713 HD



PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:

         a. The evidence of record shows that on 3 June 1994 the unit commander notified the applicant of initiation of separation action, under the provisions of Chapter 8, NGR 600-200 by reason of misconduct. The applicant was advised of his rights, consulted counsel, and requested his case be heard by an administrative separation board. On 9 September 1994, the intermediate commander recommended approval of the discharge action. On 11 September 1994, the senior intermediate commander reviewed the proposed discharge action and recommended approval with a general, under honorable conditions discharge (GD). On
6 November 1994, an administrative separation board convened to consider the applicant’s case, with the applicant and his counsel present, and recommended that the applicant be separated for misconduct with a GD. On 22 December 1994, the Adjutant General of the State of Illinois, the separation authority, issued Orders Number 246-137 which discharged the applicant from the Illinois National Guard, effective 1 January 1995, with a GD.

         b. On 1 January 1995, the applicant was discharged with a GD. At the time of his separation the applicant had completed 11 years, 11 months, and 15 days of his current National Guard enlistment; 3 years and 6 months of prior reserve component service; 2 years and 6 months of prior active military service; for a total of 17 years, 11 months, and 15 days of credible military service.

         c. The applicant’s record shows that he completed almost 18 years of credible service; that he attained the rank of sergeant first class/E-7; that he completed a combat tour in Vietnam; and that he earned the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, three Army Commendation Medals, two Army Achievement Medals, two Army Reserve Component Achievement Medals, the Humanitarian Service Medal, the Noncommissioned Officer Professional Development Ribbon, and the Parachutist Badge. The applicant tested positive for THC (marijuana) and was processed for separation on that basis. The applicant’s case was heard by an administrative separation board which recommended his separation for misconduct with a GD. The findings and recommendations of the administrative separation board were approved by the Adjutant General of the State of Illinois and the applicant was discharged accordingly.

2. Legal/Regulatory Basis for Separation Action : 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(g) 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.


SECTION B-APPLICANT’S SUBMISSIONS

 1. Issue(s) of propriety and/or equity submitted by applicant or counsel.
As stated on applicant’s DD Form 293.
 2. Exhibit(s) submitted:
         A-1: DD Form 293, dated 981121.
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE

PART IV - PREHEARING REVIEW (CONTINUED)



SECTION C - Medical and/or Legal Advisory Opinion


Referred to ( ) Medical Advisor ( ) Legal Advisor



 a. Medical prehearing comments (if applicable):

b. Legal prehearing comments (if applicable):
PART V - SUMMARY OF HEARING

SECTION A-Attendees and exhibits

1. Review/hearing information:

         a. Type requested:
         ( ) Records review ( X ) Hearing

         b. Type Held:
         ( )Records review ( X ) Hearing Examiner
         ( ) Tender Offer

         c. Review/hearing location and date:
         Video Site: Chicago, Illinois on 12 June 1999.
         Board Site: Washington D.C. on 17 June 1999.
         d. Appearance by:
         Applicant ( ) Yes ( X ) No
         Counsel ( X ) Yes ( ) No
         e. Applicant testified: ( ) Yes ( X ) No
        
         f. Counsel presentation: ( X ) Yes ( ) No
        
         g. Witness(es) testified: ( ) Yes ( X ) No
        
2. Exhibit(s) submitted at hearing: Additional Documents.

PART VI - ISSUES AND FINDINGS

1. a. Applicant's issue(s) of propriety and/or equity:

          ( X )   Same as those listed on DD Form 293 and Part IV, Section A of this case report and directive.
         ( )     Revised issue(s) furnished in writing by applicant as follows:
         ( X )   Additional issue(s) identified during review/hearing as follows:

Board Issue: (2) The discharge was inequitable.
         b. Request: ( X ) Recharacterization ( X ) Change of Reason


2. Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity:


          a. Propriety:    The applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge.
         b. Equity:       The parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

 (2) The issue is accepted. After carefully examining the circumstances surrounding the events which led to the applicant’s discharge, the Board concluded that the discharge was inequitable. The evidence of record supports that the chain of custody was broken for the urine sample which formed the basis for the separation. Although it is questionable whether this error was prejudicial to the final outcome of the discharge process, the Board found that when combined with the applicant’s overall record of service, relief is warranted. Further, the Board took particular note of the exceptionally strong comments by members of the applicant’s chain of command in regard to the excellent quality of the preponderance of his service. Therefore, in the interest of equity the Board voted to upgrade the characterization of service to fully honorable, and to change the reason for separation to Secretarial Authority.
(1) See Paragraph 3, below.


3. Response to item not addressed as a decisional issue:

 Inasmuch as the Board voted to grant full relief, a response to the remaining issue is neither required nor rendered.


PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.       Board conclusion(s):

         The discharge was:

          ( X )    Proper.
         ( )      Improper as to characterization. Change characterization to _________________.
         ( )      Improper as to reason. Change reason to ___________________under ___________________.
         ( )      Equitable.
         ( X )    Inequitable as to characterization. Change characterization to Honorable .
         ( X )    Inequitable as to reason. Change the reason to Secretarial Authority under Chapter 4, AR 135-178 and NGR 600-200.
         ( )      Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to                      under                          .
2. Voting record: Change No Change
         Reason 5 0
Characterization 5 0

         The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below. The request must contain the CASE NO. located in the upper right corner of this document.

Department of the Army Review Boards Agency
ATTN: Promulgation Team
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508



3. Minority views: NONE

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       

                                 
MR. ADRIANCE
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

 THRU: Chief, National Guard Bureau Date: 22 June 1999
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 discharge by the Adjutant General, State of Illinois, with the issuance of a new NGB Form 22, as follows.

( X )   Change the characterization of the discharge to Honorable.
( X )   Change the reason and authority for discharge to Secretarial Authority under Chapter 4, AR 135-178 and NGR 600-200.

SECTION B - CERTIFICATION

Approval Authority:


THOMAS J. ALLEN
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




SUZANNE WALKER
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge          C - Other
B - Material submitted by applicant

INDEX RECORD:

 AR Number: 1999024931 INDEX NUMBERS: A0132
Date of Review: 990617 A9202
Character of Service: GD A9218
Date of Discharge: 950101
Authority: NGR 600-200 C8
Reason: A6770
Results of Board Action/
Vote/Affirmation: HD 5-0 A




PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR
1.      Mbr  X     X           
2.      Mbr  X     X           
3.      Mbr  X     X           
4.      Mbr  X     X           
5.      Mbr  X     X           

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