APPLICANT REQUESTS:  Correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.

APPLICANT STATES:   In effect, that he was not overweight.  He had met all requirements set forth for him, plus he had almost nine years in and had had no problems.

EVIDENCE OF RECORD:  The applicant’s military records show: 

He was born on 19 May 1961.  He enlisted in the Army National Guard on        14 June 1979.  

On 13 July 1986, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice for failing to go to his appointed place of duty.

In 1987, the applicant was convicted by a summary court-martial of being absent without leave from his place of duty.  He was sentenced to be reduced to pay grade E-4, suspended, and to forfeit $25 pay.

Neither the weight control program packet nor the separation proceedings are available.  However, a periodic physical examination taken on 18 March 1984 shows the applicant was 67 ½ inches tall and weighed 201 lbs.  A Body Fat Composition Record dated 10 May 1985 shows the applicant was 68 inches tall, weighed 200 lbs and had a body fat content of 22.8 percent.  The weight for height table in Army Regulation 600-9 gives a maximum allowable weight of 174 lbs for a 21 - 27 year old, 68 inches tall male and a maximum of 22 percent body fat content.  Given the applicant’s height, weight, age and actual body fat content, he was allowed a maximum allowable weight of 198 lbs.

The applicant was transferred to the U.S. Army Reserve Control Group (Reinforcement) on 9 March 1988, in pay grade E-5, under the provisions of National Guard Regulation 600-200, for failure to meet Army weight control standards.  He was given a reentry eligibility code of RE-3.  He had completed 11 years, 7 months and 25 days of creditable service for pay and had no lost time.  

Army Regulation 600-9 establishes policies and procedures for the implementation of the Army Weight Control Program.  In pertinent part, it states that if a reserve component individual has not obtained an evaluation from his/her personal physician and cannot demonstrate that the overweight condition results from an underlying or associated disease process, the individual may be separated under appropriate regulations without further medical evaluation by health care personnel.

Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.  Army Regulation 601-210 covers eligibility criteria, policies and procedures for enlistment and processing into the Regular Army (RA) and the U.S. Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.

RE-3 applies to persons not qualified for continued Army service, but the disqualification is waiverable.  Soldiers separated by reason of overweight fall into this category.

Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of Chapter 4, Army Regulation 601-210, Regular Army and Army Reserve Enlistment Program.  Therefore, since enlistment criteria does change, and since an individual has the right to apply for a waiver, the applicant should periodically visit his local recruiting station to determine if he should apply for a waiver.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  In the absence of evidence to the contrary, it is presumed that the separation proceedings were conducted in accordance with law and regulations applicable at the time.  

3.  In view of the reason for discharge, the assigned reentry eligibility code of RE-3 was and still is appropriate.  The applicant was disqualified from reenlistment, but the disqualification is waiverable.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT

                       GRANT FORMAL HEARING

                       DENY APPLICATION

                                Loren G. Harrell
					 	Director