Application Receipt Date: 061002	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached 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: 041008   
Chapter: 8-26d    AR: NGR 600-200
Reason: Unsatisfactory Performance
RE:     SPD: NA
Unit/Location: HHD 108th Maintenance Bn North Riverside, IL 60546-1128  

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:  770822  
Current ENL Date: 050809    Current ENL Term: 1 Years  ?????
Current ENL Service: 04 Yrs, 08 Mos, 13Days ?????
Total Service:  04 Yrs, 08 Mos, 13 Days ?????
Previous Discharges: ARNG-000126-040813/GD
                                      ADT-000314-000727/UNC
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 92Y10 Unit Supply Spec   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: The applicant reenlisted in the Illinois Army National Guard and attained the rank of Sergeant/E5.   

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The facts and circumstances leading to the applicant’s discharge from the State of 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 paragraph 8-26d, NGR 600-200, by reason of unsatisfactory performance with a characterization of service of general, under honorable conditions and a Reenlistment Eligibility Code of RE 3.  Evidence of record shows that on 28 September 2004, Department Of Military Affairs, State Of Illinois, Springfield, Illinois, Orders 272-100, discharged the applicant from the Army National Guard and assigned him to the United States Army Reserve Control Group (Annual Training) to complete his statutory obligation, effective date:  8 0ctober 2004.     

      b.  Legal Basis for Separation:  
      National Guard Regulation (NGR) 600-200 and Army Regulation (AR) 135-178 govern the procedures for the administrative separation of enlisted personnel of the Army National Guard and Army Reserve.  Chapter 8, paragraph 8-26d of NGR 600-200 provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training or become a satisfactory Soldier, or that the Soldier’s retention would have an adverse impact on military discipline, good order, and morale.  Army policy states that a general discharge, under honorable conditions is normally considered appropriate, but an honorable discharge may be granted in meritorious cases.
      
      

      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 issue and documents he 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 his discharge from the State of Illinois Army National Guard and transfer to the United States Army Reserve Control Group (Annual Training).  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 8-26d, NGR 600-200, by reason of unsatisfactory performance with a characterization of service of general, under honorable conditions and a Reenlistment Eligibility Code of RE 3.  This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process.  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: No

Witnesses/Observers: Battalion Command Sergeant Major 

Exhibits Submitted: The applicant submitted two additional documents in support of his personal appearance hearing.




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 discharge was improper.  While the Board does not condone the applicant’s misconduct; the Board found that the circumstances surrounding the discharge and the administrative errors in the discharge process mitigated the discrediting entry 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 and a change to the narrative reason for separation to Secretarial Authority. This action entails a change to the reentry eligibility (RE) code to "1."   
















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: Secretarial Authority 
Other: Thru:  Chief, National Guard Bureau            Date: 8 May 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.

           ( X )  Change narrative reason for separation to "Secretarial Authority."       
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: 8 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060014107

Applicant Name:  Mr.      
______________________________________________________________________


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