DEPARTMENT OF THE ARMY
                         Army Discharge Review Board
                           1901 South Bell Street
                          Arlington, VA  22202-4508
                               4 November 2005


Office of the President



      The Army Discharge Review Board reviewed your case and determined
that relief was warranted as indicated on the enclosed OSA Form 172, Case
Report and Directive.  Accordingly, your case has been referred through the
National Guard Bureau to the Adjutant General, State of Illinois,
recommending a change to your discharge.

      If you believe that the decision in your case is unclear, not
responsive to the issues raised, or does not otherwise agree with the
decisional document requirements of DoD Directive 1332.28, you may submit a
complaint in accordance with Enclosure 5 of that directive.  You should
read Enclosure 5 of that directive before submitting a complaint.  The
complaint procedure does not permit you to challenge the merits of the
decision, but is designed solely to ensure that the decisional document
meets applicable requirements for clarity and responsiveness.  You may
obtain a copy of DoD Directive 1332.28 by writing to:  DA Review Boards
Agency, Attention:  (Reading Room), The Pentagon, Washington, DC 20310-
1809.

      Should you have any questions relating to the documentation
implementing the Board's decision, you should contact the Adjutant General,
State of Illinois, 1301 N. MacArthur Boulevard, Springfield, Illinois
62702.

                                  Sincerely,




                                  Robert L. House
                                  Colonel, U.S. Army
                                  President


Enclosure

                           MILITARY REVIEW BOARDS

                           Case Report & Directive


                        PART I - IDENTIFICATION DATA

NAME:


COUNSEL:    ADDRESS:

      PHONE:




ALTERNATE PERSON(S) TO BE NOTIFIED:     ADDRESS:

RELATIONSHIP:                     PHONE:



TYPE REPORT:

   ( X ) Original
   (   ) Addendum




                                   REMARKS
                            Case Management Data

( X )  Response to other correspondence required upon completion of case.

(   )  DD Form 149 in file.  Send case to ABCMR.


















OSA FORM 172 (REVISED) 22 May 98     Cover Sheet
                         PART II - APPLICATION DATA

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

1.  Character of Discharge:  General, Under Honorable Conditions

2.  Date of discharge (or REFRAD):  901221

3.  Authority for separation:

      a.  Regulation:  NGR 600-200

      b.  Reason:  Unsatisfactory Participation

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           ASR
    a.  Period entered for:  8 Years
    b.  Entry date:  870410
    c.  Age:  24 Years   DOB:  621007


    d.  Educational level:  GED


    e.  Aptitude area score:
          GT:  113                               3.  Highest grade
achieved:
    f.  Length of Service:                         E3
          3 Year(s)  8 Month(s)  12 Day(s)


                                               4.  Performance evaluations:

                                                   NONE

                         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
                                    NONE

Other discharge(s):

      Service    From  To    Type Discharge





                         PART IV - PREHEARING REVIEW

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

      a.  The applicant’s record is void of facts and circumstances
concerning events that led to a discharge from the Illinois Army National
Guard and the Reserve of the Army.  However, the official record contains
the applicant’s enlistment contract and his NGB Form 22 (Report of
Separation and Record of Service.  This document shows the applicant was
discharged under the provisions of NGR 600-200 as an unsatisfactory
participant on 21 December 1990.  The official record also includes an
enlistment contract showing that the applicant was in the Regular Army as
of 30 March 1989.  He served for 6 years, 2 months, and 14 days and was
honorably discharged from the Regular Army on 13 June 1995.

      b.  On 21 December 1990, the applicant was discharged.  At the time
of discharge, the applicant had completed 3 years, 8 months, and 12 days of
military service.

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 8-26k 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 a1
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 050308, with two (2) enclosure(s).
      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:
         ( X ) Records review             (   ) Hearing

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

      c. Review/hearing location and date:  Washington, D.C. on 2 November
2005.

      d. Appearance by:
         Applicant                 (   ) Yes   ( X ) No
         Counsel                   (   ) Yes   ( X ) No

      e.  Applicant testified:     (   ) Yes   ( X ) No

      f.  Counsel presentation:    (   ) Yes   ( X ) No

      g.  Witness(es) testified:   (   ) Yes   ( X ) No

2.  Exhibit(s) submitted at hearing:
                        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 is 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.

        (1)  See Paragraph 3, below.

        (2)  The issue is accepted.  The Board carefully examined the
applicant’s record of service during the period of enlistment under review.
 The Board determined that the applicant was serving on active duty in the
Regular Army at the time of his discharge from the Illinois Army National
Guard for unsatisfactory participation.  His service was characterized as
general, under honorable conditions based on the presumption that he failed
to attend required troop assemblies.  Through administrative oversight the
applicant’s letters of release (from the Illinois Army National Guard) and
acceptance (into the Regular Army) were not accomplished.  Given the above
evidence, the Board found that the characterization of service was
inequitable.  Accordingly, the Board recommends that the Illinois Army
National Guard grant relief in the form of an upgrade of characterization
of service to fully honorable and a change in the narrative reason for
discharge to “discharge for enlistment in a component of the Armed Forces.”


3.  Response(s) to item(s) not addressed as decisional issue(s):

    Inasmuch as the Board voted to grant the full relief requested,
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 NG characterization.  Change characterization
           to Honorable.
      ( X ) Inequitable as to NG reason.  Change reason to Enlistment in
           any component of the Armed Forces under Chapter 8-26a(2), 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
                  1901 South Bell Street, 2nd Floor
                  Arlington, VA  22202-4508



3.  Minority views:  NONE
                           PART VII - BOARD ACTION
                 SECTION B - Verification and Authentication

Case report reviewed and verified

                          
Ms. McKim-Spilker

Case Reviewing Official

                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A - DIRECTIVE

Thru: Chief, National Guard Bureau            Date:  4 November 2005
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.
           ( X ) Change reason and authority for discharge to
            Enlistment in any component of Armed Forces, NGR 600-200.


                          SECTION B - CERTIFICATION

Approval Authority:


ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:




ESMERALDA G. PROCTOR
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:  20050003500                   INDEX NUMBERS:  A9406
Date of Review:  051102                                   A0102
Character of Service:  GD
Date of Discharge:  901231
Authority:  NGR 600-200 C8
Reason:  A8400
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.      PO     X             X