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.        
______________________________________________________________________


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