2.  The applicant requests that he be placed on the Army retired list under the early retirement authority or that he be re-instated.  He states that he was not given full consideration on his retirement request due to personal tragedies, but instead was dismissed as fat.  Also, upon reentering the Army in 1983, his pay entry basic date was entered incorrectly and never corrected.

3.  The applicant initially entered the Delayed Entry Program in April 1978.  He enlisted in the Regular Army on 10 August 1978 for 3 years.  He was honorably relieved from active duty on 9 August 1981 with 3 years of creditable active service.  He enlisted in the U.S. Army Reserve, then in the National Guard and reenlisted in the Regular Army on 18 August 1983 for 3 years.  His highest grade held was E-6.  His military occupational specialty (MOS) at this time was 02J (Clarinet Player).  His awards include the Army Good Conduct Medal (4th award), the Army Achievement Medal (1st Oak Leaf Cluster) and the Army Commendation Medal (1st Oak Leaf Cluster).

4.  In September 1992, the applicant was entered in the weight control program.

5.  On 8 September 1994, he received a locally-imposed bar to reenlistment for failure to meet weight control/body fat standards.

6.  On 21 April 1995, his commander directed the applicant complete a physical examination in conjunction with Army Regulation, Chapter 18, weight control failure, separation action.

7.  On 25 April 1995, the applicant completed a separation physical and was found qualified for separation.

8.  On 12 June 1995, the applicant requested voluntary early retirement.

9.  On 15 June 1995, the garrison commander recommended approval of the applicant’s request as a matter of equitable treatment of soldiers in similar status. He noted that since the applicant could not be retained for continued service that the shortage MOS limitation on early retirement should be waived and the applicant be permitted to apply for and be granted early retirement.

10.  On 14 July 1995, the U.S. Total Army Personnel Command disapproved the applicant’s request for early retirement, stating:  “In the current environment of fiscal austerity and force reductions, it is essential that our personnel policies and procedures be supporting of Army requirements….Because of the needs of the Army, it is not in the best interest of the Army to permit the soldier to retire at this time.
11.  On 6 September 1995, the applicant’s commander initiated Chapter 18 separation proceedings.

12.  The applicant acknowledged the action, waived consideration by a board of officers, personal appearance before such a board and representation by counsel and submitted a statement.  In his statement he noted that recently he had numerous personal problems (including four deaths or serious illnesses in his immediate family) that affected his progress in the weight control program and that otherwise he had a good service record.

13.  On 20 September 1995, the appropriate commander approved the recommendation and directed the applicant be issued an honorable discharge.

14.  On 31 October 1995, the applicant was discharged, in pay grade E-6, with an honorable discharge, under the provisions of Army Regulation 635-200, Chapter 18, overweight control failure.  His DD Form 214 indicates he had 15 years, 2 months and 13 days of creditable active service and no lost time.  He received $17,338.23 in separation pay.

15.  There is some discrepancy as to the applicant’s correct active service.  His DD Form 214 reflects only his current service active duty and his prior Regular Army active service.  His DA Form 2A, Personnel Qualification Record shows a  1 month, 13 day period when he was ordered to active duty while in the National Guard.  DD Form 368, Request for Discharge or Clearance from Reserve Component, shows he had an additional 1 year, 8 months and 21 days of active service while in the National Guard.

16.  Army Regulation 600-9 establishes policies and procedures for the implementation of the Army Weight Control Program.  It states each soldier is responsible for meeting the standards prescribed in this regulation.  To assist soldiers in meeting these responsibilities, screening tables will continue to be prescribed for use …Soldiers should be coached to select their personal weight goal within or below the five percent zone and strive to maintain that weight through adjustment of life style and fitness routines.  If a soldier consistently exceeds the personal weight goal, he or she should see the assistance of master fitness trainers for advice in proper exercise and fitness; and health care personnel for a proper dietary program.

17.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Chapter 18 of that regulation provides for the separation of soldiers who fail to meet the body fat standards set forth in Army Regulation  600-9 when such condition is the sole basis for separation.  Separation action may not be initiated until the soldier has been given a reasonable opportunity to comply with and meet the body fat standards.

18.  The Total Army Personnel Command message, date time group 121432Z May 94, Subject:  FY95 Enlisted Early Retirement Program prescribed the eligibility requirements and application procedures for early retirement for Regular Army enlisted soldiers.  It noted that early retirement is not an entitlement and would only be offered to soldiers who met the strict eligibility requirements outlined in that message.  As a condition for early retirement, individuals must have registered on the Public and Community Service Personnel Registry.  The intent of the early retirement provisions of public and community service legislation was to authorize active duty personnel who are approved for early retirement to accrue additional military retirement credit if they take critical jobs, such as in education, law enforcement and health care.  Eligibility requirements included being on active duty in the Regular Army and meeting all eligibility requirements for a 20-year retirement.  Soldiers with a bar to reenlistment who had completed over 18 years active federal service could apply regardless of military occupational specialty (MOS) or grade; otherwise, soldiers must - without exception - have held a primary MOS and grade as listed in the message.  02J is not one of the listed MOSs.  Further, individuals pending involuntary separation under the provisions of Army Regulation 635-200 were ineligible to apply for early retirement.

CONCLUSIONS:

1.  The applicant’s discharge from the service was accomplished in accordance with applicable laws and regulations in effect at the time of his separation.

2.  The message providing guidance for the FY95 enlisted early retirement program established strict guidelines as to who was and who was not eligible to apply.  The applicant did not meet those guidelines.

3.  While the applicant’s pay entry basic date appears to be correct, there may be a problem with his basic active service date.

4  In view of the foregoing, it would be appropriate and just to correct the applicant’s records as recommended below.
RECOMMENDATION: 

1.  That a statement of service be prepared on the individual to determine his correct service dates.

2.   That once his correct service dates are established, his DD Form 214 be corrected to show the correct dates.  If appropriate, adjust the amount of separation pay the individual received.

3.  That so much of the application as is in excess of the foregoing be denied..

BOARD VOTE:

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION

                                                                                                             
						    CHAIRPERSON