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