The complainant contends that State officials discouraged him from pursuing a different MOS, which would have allowed him to remain in active service despite his HIV positive status. It is the complainant's contention that the Illinois Army National Guard applied the Federal regulations in a discriminatory manner. Therefore, according to the complainant, there is jurisdiction over the Illinois Army National Guard, which is a State entity. After having considered the matter, we find that there is a lack of jurisdiction in this case. Although military personnel do receive remuneration, there is not a direct qui pro quo relationship.
Civilian employees work in return for the compensation they receive.
Military personnel perform services because the services are a part of their duties as soldiers. Section 1 of The Military Code of Illinois, Ill. For example, a civilian who quits his job may have to pay his employer compensation for monetary losses. The soldier who quits may be guilty of desertion. Therefore, we find that the Department was correct in dismissing this case for lack of jurisdiction.