MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:           9 March 2000
	DOCKET NUMBER:   AR1999026033

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. David H. Keller		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar 		Chairperson	
	Mr. Thomas D. Howard Jr.		Member	
	Ms. Carol Jo Suiter 		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his reentry (RE) code of RE-3 be changed so he can enlist in the US Air Force.

APPLICANT STATES:  That although discharged for failure to meet Army weight control standards, he has served honorably in the Reserve for the last 3 years.  His current body fat is 11.8 percent.  In support of his request, he submits a copy of his fitness profile from the Nampa, Idaho, Recreation Center, and a written interpretation thereof.

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

With over 5 years prior enlisted service with the Air Force, the applicant enlisted on 13 October 1994 for a period of 3 years.

The facts and circumstances pertaining to the applicant’s discharge are not on file.  The Certificate of Release or Discharge from Active Duty, DD Form 214, indicates that he was separated for weight control failure on 13 February 1996 with an honorable characterization of service under the provisions of Army Regulation 635-200, chapter 18.  He was assigned a reentry code of RE-3.

Army Regulation 600-9 outlines policy on the Army Weight Control Program.  The regulation provides, in pertinent part, that soldiers who are entered into a weight control program and have not made satisfactory progress after 6 months, and health care personnel determine that no underlying or associated disease process is found to cause the overweight condition, will be considered for separation from the service.

Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Chapter 18 of that regulation provides that soldiers who fail to meet body composition/weight control standards set forth in AR 600-9 may be separated when such condition is the sole basis for separation.  The service of soldiers separated under this provision will be characterized as honorable.

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 Army.  Chapter 3 prescribes basic eligibility for prior service applicants for enlistment, and includes a list of armed forces RE codes.  RE-3 applies to individuals who are ineligible to reenter the Army unless a waiver is granted.

Chapter 4 of the above regulation lists waivable moral and administrative disqualifications for reentry in the Army.  Included in this chapter are persons with prior service last discharged from active service for reasons of weight control failure.  These individuals will be assigned RE code 3 at the time of discharge.

The Total Army Personnel Command has advised in similar cases that RE codes may be changed only if they are determined to be administratively incorrect.

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.  The Board presumes administrative regularity in the processing of the applicant's separation.  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.  There is nothing in the available records or in anything submitted by the applicant to overcome that presumption.  The RE code, therefore, was correctly assigned in accordance with governing regulations.

2.  Since RE-3 is a waivable disqualification, the applicant should seek assistance from his local recruiter if he desires to enlist in the Air Force.

3.  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.

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

__jh____  __tdh____  ___cjs___  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999026033	
SUFFIX		
RECON		
DATE BOARDED	20000309	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19960213	
DISCHARGE AUTHORITY	AR635-200 CH18	
DISCHARGE REASON	A13.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.06	
2.	110.00	
3.		
4.		
5.		
6.