Applicant Name: ????? Application Receipt Date: 2008/03/17 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The Applicant states: "I would like my RE code 4 changed to an RE-3. I want to join the Marine National Guard. I have used skills from the Army in my everyday life. Survival skills. RE-4 is a bit harsh for "possesion and a 48 hour AWOL" At the time I was in I believe I was mentally immature to understand what was happening in my life. Also, I wasn't even in the MOS I wanted. I wanted to do video production and instead my recruiter had me sign on as a journalist. My ASVAB score was a 90 so I'm not useless to the military. Initially, I wanted to come back in the military in the Army Guard as they are accepting RE-4s. However, I want to push myself that one step higher. I believe after succesfully completing Army bootcamp and experiancing the real world with soldier knowledge I will be a leader in the Marines and someone people will look up to. I am highly motivated and I believe this will be a good step in my life. I come with recommendations from my employer who is an honorably discharged Marine, my recruiters, and MA State Senator Scott Brown whom I've done video production projects for he and his Boston College basketball playing, American Idol Top 16 contestant daughter Ayla Brown. His wife, WCVB Channel 5 Boston news reporter Gail Huff has used her name and credibility in helping me secure an internship (which was unsuccesfull due to transportation issues). I have done many professional developments in my life since leaving the Army. I've successfully completed the Walt Disney World College Program, I was a 2X American Idol contestant advancing to round 3 (judges round) twice. It was there I met Senator Brown. Currently I'm a student at the New England Institute of Art in Boston. I commute from Fitchburg and on days I'm not in school I work at the unemployment office at factories or moving companies, etc working just as hard (in some cases harder) than grown men. The Army has taught me such discipline. I believe the Marines would be a good step for me. Boot camp, MOS training (more video production) and then back to my Art school as a Marine and serving my country one weekend a month two weeks a year. I will say I am willing to go to Iraq if needed. At first, when I was younger (I'm 25 now) I didn't understand the war. There are people who do not want to see our cherished constitution survive. I am a huge liberalist and I believe in our law to the fullest. It's the fairest in the world. I am proud of the way our military operates (i.e boot camp training) because 200 years ago we were "farmers with pitchporks." From that we developed into having Drill Sergeants and boot camp and I am proud of that and to be a part of those traditions. Thank-you". II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 030915 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: USASSD Student Co, Ft Meade, MD Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 19 Current ENL Date: 021121 Current ENL Term: 5 Years ????? Current ENL Service: 00 Yrs, 09Mos, 25Days ????? Total Service: 00 Yrs, 09Mos, 25Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: None GT: 124 EDU: 2 Yr Coll Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: Applicant states she successfully completed the Walt Disney World College Program, and was a 2X American Idol contestant advancing to round 3 (judges round) twice. She states, currently she is a student at the New England Institute of Art in Boston and she also works at the unemployment office at factories or moving companies. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The applicant’s record is void of the specific facts and circumstances concerning the events that led to the discharge from the Army. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service in lieu trial by court-martial with a characterization of service of under other than honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of KFS (i.e., for the good of the service-in lieu of court-martial) with a reentry eligibility (RE) code of "4." b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt. Army policy states that although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. c. Response to Issues, Recommendation and Rationale: After a careful review of the entire applicant’s military records and the issue submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicant’s record is void of facts and circumstances concerning the events that led to a discharge from the Army. The analyst noted that the applicant’s record contains a properly constituted DD Form 214, Certificate of Release or Discharge from Active Duty, which was authenticated by the applicant. 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 10, AR 635-200, for the good of the service in lieu of trial by court-martial. In connection with such a discharge, the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge. Procedurally, the applicant was required to consult with defense counsel and to voluntarily, and in writing, request separation from the Army in lieu of trial by court-martial. In doing so, the applicant admitted guilt to the stipulated or lesser included offenses under the UCMJ. In the absence of information 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. It also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant would have been aware of that prior to requesting discharge. Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 16 January 2009 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. 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 discharge was both proper and equitable and voted to deny relief. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 1 No change 4 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080004299 ______________________________________________________________________________ Page 3 of 3 pages