{ "id": 1209123, "name": "DANIEL A. BOYLAN, Plaintiff-Appellant, v. LARRY E. MATEJKA, Executive Director of the Illinois Student Assistance Commission, et al., Defendants-Appellees", "name_abbreviation": "Boylan v. Matejka", "decision_date": "2002-06-11", "docket_number": "No. 2\u201401\u20140787", "first_page": "96", "last_page": "102", "citations": [ { "type": "official", "cite": "331 Ill. App. 3d 96" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "38 U.S.C. \u00a7\u00a7 3001", "category": "laws:leg_statute", "reporter": "U.S.C.", "year": 1994, "pin_cites": [ { "page": "et seq." } ], "opinion_index": 0 }, { "cite": "22 Ill. Reg. 11114", "category": "laws:admin_register", "reporter": "Ill. Reg.", "pin_cites": [ { "parenthetical": "eff. July 1, 1998" } ], "opinion_index": 0 }, { "cite": "22 Ill. Reg. 2851", "category": "laws:admin_register", "reporter": "Ill. Reg.", "pin_cites": [ { "parenthetical": "proposed February 6, 1998" } ], "opinion_index": 0 }, { "cite": "146 Ill. 2d 277", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5597589 ], "weight": 2, "year": 1992, "pin_cites": [ { "page": "283" }, { "page": "284" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/146/0277-01" ] }, { "cite": "308 Ill. App. 3d 943", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 261337 ], "year": 1999, "opinion_index": 0, "case_paths": [ "/ill-app-3d/308/0943-01" ] }, { "cite": "322 Ill. App. 3d 157", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 126328 ], "weight": 3, "year": 2001, "pin_cites": [ { "page": "160" }, { "page": "160-61" }, { "page": "161" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/322/0157-01" ] }, { "cite": "95 Ill. 2d 142", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3112244 ], "year": 1983, "pin_cites": [ { "page": "153" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/95/0142-01" ] }, { "cite": "168 Ill. 2d 247", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 307266 ], "weight": 2, "year": 1995, "pin_cites": [ { "page": "254" }, { "page": "254" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/168/0247-01" ] }, { "cite": "285 Ill. App. 3d 170", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 1295538 ], "weight": 2, "year": 1996, "pin_cites": [ { "page": "175" }, { "page": "175" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/285/0170-01" ] } ], "analysis": { "cardinality": 656, "char_count": 14119, "ocr_confidence": 0.754, "pagerank": { "raw": 6.692701344259526e-08, "percentile": 0.4067976549984188 }, "sha256": "34313b6f661777e8ef8dba376ab92a00d140feba2afffac15e4f8c72f4c70e53", "simhash": "1:1bb539c5ac244e88", "word_count": 2193 }, "last_updated": "2023-07-14T14:37:46.779771+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "DANIEL A. BOYLAN, Plaintiff-Appellant, v. LARRY E. MATEJKA, Executive Director of the Illinois Student Assistance Commission, et al., Defendants-Appellees." ], "opinions": [ { "text": "JUSTICE BOWMAN\ndelivered the opinion of the court:\nPlaintiff, Daniel Boylan, filed a complaint in the circuit court of Du Page County against Larry Matejka, in his capacity as executive director of the Illinois Student Assistance Commission, and the Illinois Student Assistance Commission (collectively the Commission) seeking review of the Commission\u2019s final decision denying Boylan\u2019s application for an Illinois Veteran Grant. On appeal, Boylan contends that the trial court erroneously upheld the Commission\u2019s determination that Boylan was ineligible for an Illinois Veteran Grant because he was not honorably discharged from the United States Navy.\nThe pertinent facts are not in dispute. Boylan began serving in the Navy on September 19, 1996. After completing nuclear training, he was assigned to the U.S.S. Dwight D. Eisenhower, a nuclear aircraft carrier. In September 1998, Boylan and all other crewmembers on the Eisenhower were told that they had to take an anthrax vaccine, pursuant to an order issued by the Secretary of Defense. When Boylan\u2019s captain ordered him to take the vaccine, Boylan refused because of concerns over the vaccine\u2019s efficacy and safety. As a result of his refusal, Boylan\u2019s rank was reduced by one grade, he was reassigned from nuclear technician duty to galley work, and he was restricted to the ship for 60 days.\nIn March 1999, Boylan\u2019s commanding officer recommended an administrative separation from the Navy for Boylan. According to Boylan\u2019s \u201cCertificate of Release or Discharge from Active Duty\u201d he received a \u201cGeneral (Under Honorable Conditions)\u201d discharge. The commanding officer\u2019s report regarding Boylan\u2019s separation indicated that, in addition to refusing to take his anthrax vaccine, Boylan also failed to report at his restricted personnel musters on five occasions. The commanding officer\u2019s report contained the following comments about Boylan:\n\u201cMMFN Boylan has repeatedly refused to take his Anthrax vaccination. His continuing misconduct is incompatible with the Naval service. I have determined that MMFN Boylan has no potential for future service and should be separated with a General (Under Honorable Conditions) discharge by reason of misconduct due to a pattern of misconduct and misconduct due to commission of a serious offense.\u201d\nFollowing his separation from the Navy, Boylan returned to Illinois, where he had resided prior to his Navy service. He applied for an Illinois Veteran Grant, which exempts eligible Illinois veterans from paying tuition and fees at State-controlled colleges, universities, and community colleges. 110 ILCS 947/40 (West 1998). The Commission denied Boylan\u2019s application on the ground that he was not honorably discharged from the Navy. Following an administrative hearing, the executive director of the Commission issued a final decision denying Boylan\u2019s application. Boylan filed a complaint in the circuit court for administrative review of the Commission\u2019s decision. The court entered an order upholding the Commission\u2019s decision. Boylan filed a timely notice of appeal from the circuit court\u2019s order, and this appeal ensued.\nThe issue before us is whether, under section 40 of the Higher Education Student Assistance Act (Act) (110 ILCS 947/40 (West 1998)), a person who receives a general discharge from the armed forces under honorable conditions and who otherwise meets the requirements of section 40 is eligible for an Illinois Veteran Grant. This appears to be an issue of first impression.\nAn agency\u2019s finding on a question of law, such as the interpretation of a statute, is not binding on this court. Oregon Community Unit School District No. 220 v. Property Tax Appeal Board, 285 Ill. App. 3d 170, 175 (1996). We review questions of law de novo. Branson v. Department of Revenue, 168 Ill. 2d 247, 254 (1995). However, courts \u201cmust give substantial weight and deference to statutory interpretations made by an administrative agency charged with administration of a particular statute.\u201d Oregon Community Unit School District, 285 Ill. App. 3d at 175. \u201cA significant reason for this deference is that courts appreciate that agencies can make informed judgments upon the issues, based upon their experience and expertise.\u201d Illinois Consolidated Telephone Co. v. Illinois Commerce Comm\u2019n, 95 Ill. 2d 142, 153 (1983).\nThe cardinal rule of statutory construction is to ascertain and give effect to the intent of the legislature. Paciga v. Property Tax Appeal Board, 322 Ill. App. 3d 157, 160 (2001). In order to do this, we look first to the words of the statute as the best indicators of legislative intent. Paciga, 322 Ill. App. 3d at 160-61. Where the statutory language is unambiguous, we must interpret the statute according to its terms and may not consider other aids in construction. Branson, 168 Ill. 2d at 254. Further, we may not depart from a statute\u2019s clear and unambiguous language and read into it exceptions, limitations, or conditions. People v. Patterson, 308 Ill. App. 3d 943 (1999). A statute is ambiguous if it is capable of two reasonable and conflicting interpretations. Paciga, 322 Ill. App. 3d at 161. We presume that the legislature had a definite purpose in enacting the statute and drafted the statute so that each part would be in harmony with that purpose. Harvel v. City of Johnston City, 146 Ill. 2d 277, 283 (1992). Consequently, if a statute\u2019s language is susceptible to one construction that will carry out the purpose of the statute and another construction that will defeat it, the statute will receive the former construction. Harvel, 146 Ill. 2d at 284.\nWith these principles in mind, we examine the statute and administrative rule at issue in this case. Section 40 of the Act provides in pertinent part:\n\u201cAny person who served in the armed forces of the United States *** who at the time of entering service was an Illinois resident or was an Illinois resident within 6 months of entering such service, and who returned to Illinois within 6 months after leaving service or, if married to a person in continued military service stationed outside Illinois, within 6 months after his or her spouse has left service or has been stationed within Illinois, and who has been honorably discharged from such service, and who possesses all necessary entrance requirements shall, except as otherwise provided in this Act, upon application and proper proof, be awarded an Illinois Veteran Grant consisting of the equivalent of 4 calendar years of full-time enrollment, including summer terms, to the State-controlled college or university or community college of his choice.\n* * *\nA grant authorized under this Section shall not be awarded to veterans who received a discharge from the armed forces of the United States under dishonorable conditions ***.\u201d (Emphasis added.) 110 ILCS 947/40 (West 1998).\nAlso at issue is a rule promulgated by the Commission that states that \u201c[a]n individual is not a qualified applicant if the individual\u2019s separation from the Armed Forces of the United States was characterized as other than honorable.\u201d 23 Ill. Adm. Code \u00a7 2733.20(e) (1998). Boylan contends that this rule is inconsistent with section 40 and is unconstitutional.\nWe address first section 40 of the Act. Boylan argues that the language of that section evinces the legislature\u2019s intent to award an IIlinois Veteran Grant to a person who has received a general discharge under honorable conditions. The Commission responds that the plain language of the statute specifies that only those veterans who have been honorably discharged are eligible for an Illinois Veteran Grant. We agree with the Commission.\nSection 40 of the Act provides that an Illinois Veteran Grant shall be awarded to persons who, among other things, have been \u201chonorably discharged\u201d from the armed services. An \u201chonorable discharge\u201d and a \u201cgeneral discharge under honorable conditions\u201d are two different things. The Department of the Navy personnel regulations define the three types of administrative discharges as follows:\n\u201c(1) Honorable. A separation from the naval service with honor. The issuance of an Honorable Discharge is contingent upon proper military behavior and performance of duty.\n(2) Under Honorable Conditions (also termed General Discharge). A separation from the naval service under honorable conditions. The issuance of a discharge under honorable conditions is contingent upon military behavior and performance of duty which is not sufficiently meritorious to warrant an Honorable Discharge.\n(3) Under Other Than Honorable Conditions (formerly termed Undesirable Discharge). A separation from the naval service under conditions other than honorable. It is issued to terminate the service of a member of the naval service for one or more of the reasons/ basis listed in the Naval Military Personnel Manual, Marine Corps Separation and Retirement Manual and their predecessor publications.\u201d (Emphasis added.) 32 C.ER. \u00a7 724.109(a) (2002).\nWe conclude that section 40 of the Act is clear and unambiguous. When setting forth the eligibility requirements for an Illinois Veteran Grant, the legislature used the term \u201chonorably discharged\u201d rather than \u201cdischarged under honorable conditions.\u201d The meaning of the term \u201chonorably discharged\u201d is clear. Only those armed forces personnel who perform their duties and behave properly as defined by the armed forces may be honorably discharged. It is equally clear that an individual who receives a general discharge under honorable conditions has not been honorably discharged. If the legislature had desired to make Illinois Veteran Grants available to those who received a general discharge under honorable conditions, it could have so specified.\nBecause the two types of discharge are not equivalent, we cannot say that the plain language of the statute expresses the intent to award grants to those persons who were generally discharged under honorable conditions. Rather, the plain language indicates an intent to limit the award of such grants to those who received honorable discharges. To hold otherwise would inappropriately enlarge the scope of the statute.\nBoylan argues that the portion of section 40 that states that those persons who are discharged under dishonorable conditions shall not be awarded an Illinois Veteran Grant implies that the legislature intended to exclude only those who received discharges under dishonorable conditions. Boylan invokes the statutory construction doctrine expressio unius est exclusio alterius as support for this contention. Because we have concluded that the language of section 40 is clear, we do not consider other aids in construction. Further, if we read into the statute the implication that the legislature meant to exclude from eligibility only those persons who were discharged under dishonorable conditions, we would defeat the honorable discharge requirement that is a prerequisite to receiving an Illinois Veteran Grant. The Commission\u2019s interpretation of section 40 upholds the purpose of the statute. Therefore, we agree with the Commission and the trial court that a person who has received a general discharge under honorable conditions from the armed forces is not eligible to receive an Illinois Veteran Grant.\nIn construing section 40 in this way we give substantial deference to the Commission\u2019s interpretation of the statute. The record shows that the Commission has consistently interpreted section 40 to mean that an applicant whose discharge was other than honorable is not qualified for an Illinois Veteran Grant. For the reasons stated, Boylan has failed to demonstrate that the Commission\u2019s interpretation of section 40 was erroneous or unreasonable.\nPlaintiff also challenges the Commission\u2019s Rule 2733.20(e) (23 Ill. Adm. Code \u00a7 2733.20(e) (1998)), in which the Commission clarified its interpretation of section 40. Rule 2733.20(e) was amended in 1998 to provide as follows:\n\u201cAn individual is not a qualified applicant if the individual\u2019s separation from the Armed Forces of the United States was characterized as other than honorable.\u201d 23 Ill. Adm. Code \u00a7 2733.20(e) (1998).\nIn the notice of the proposed rule (22 Ill. Reg. 2851 (proposed February 6, 1998)) and the notice of the adopted amendment (22 Ill. Reg. 11114 (eff. July 1, 1998)), the Commission explained that the clarification did not represent a change in policy and was implemented to make the eligibility criteria for an Illinois Veteran Grant consistent with the eligibility requirements for federal veterans\u2019 educational benefits under the Montgomery G.I. Bill \u2014 Active Duty Educational Assistance Program (38 U.S.C. \u00a7\u00a7 3001 et seq. (1994)). In light of our determination that section 40 clearly expresses the intent to award Illinois Veteran Grants only to those persons who have been honorably discharged from the armed forces, it follows that the Commission\u2019s rule is consistent with the legislature\u2019s intent and is constitutional.\nLast, we address Boylan\u2019s apparent contention that we should consider the reasons underlying his discharge from the Navy when determining whether he is eligible for an Illinois Veteran Grant. It is not this court\u2019s function to do so. Under section 40, only the characterization of an applicant\u2019s discharge is relevant; the reasons therefor are irrelevant and rightly so, for the Commission is not a military tribunal. Consequently, even though Boylan may have had valid reasons for disobeying his superiors, those reasons play no part in our determination.\nAccordingly, for the reasons stated, we affirm the judgment of the circuit court of Du Page County.\nAffirmed.\nCALLUM and KAPALA, JJ., concur.", "type": "majority", "author": "JUSTICE BOWMAN" } ], "attorneys": [ "William E. Boylan, of Wheaton, for appellant.", "James E. Ryan, Attorney General, of Chicago (Joel D. Bertocchi, Solicitor General, and Bryan J. Rose, Assistant Attorney General, and Nadine J. Wichern, Illinois Student Assistance Commission, of counsel), for appellant." ], "corrections": "", "head_matter": "DANIEL A. BOYLAN, Plaintiff-Appellant, v. LARRY E. MATEJKA, Executive Director of the Illinois Student Assistance Commission, et al., Defendants-Appellees.\nSecond District\nNo. 2\u201401\u20140787\nOpinion filed June 11, 2002.\nWilliam E. Boylan, of Wheaton, for appellant.\nJames E. Ryan, Attorney General, of Chicago (Joel D. Bertocchi, Solicitor General, and Bryan J. Rose, Assistant Attorney General, and Nadine J. Wichern, Illinois Student Assistance Commission, of counsel), for appellant." }, "file_name": "0096-01", "first_page_order": 114, "last_page_order": 120 }