MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 March 2001                  
	DOCKET NUMBER:   AR200038554

	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. Carl W. S. Chun		Director	
	Mr. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone 		Chairperson	
	Mr. Lester Echols 		Member	
	Mr. Christopher J. Prosser 		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:  In essence, to be reinstated on active duty in the Army Guard/Reserve (AGR) program, or be retired with the rank of sergeant.

APPLICANT STATES:  In effect, that he was discriminated against, his command "blackballed" him, proper military policy and procedures were not followed, and he was erroneously discharged.  He was not allowed due process.  He submits a number of documents concerning an Equal Opportunity (EO) complaint which he lodged against the Georgia Army National Guard (GaARNG) in 1996 and 1997, a legal analysis of the actions taken by his command while in a Weight Control Program in 1997 and 1998 and comments made by his military defense counsel concerning the denial of his request to reenlist in the GaARNG in 1999.   

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

He was born on 11 May 1959.  He had prior honorable service in the Regular Army from 28 June 1978 to 25 June 1981.  His military occupational specialty (MOS) was MOS 76P, Stock Control Specialist and the highest rank he attained was sergeant, pay grade E-5.  He served overseas in Germany for 15 months.  

Upon his release from active duty, he was transferred to the US Army Reserve (USAR) Control Group (Reinforcement), in which he served until honorably discharged on 2 May 1984.  He enlisted in the GaARNG  on 3 May 1984.  His records are somewhat incomplete for the period May 1984 through 25 June 1988, and his Retirement Point Accounting System (RPAS) statement issued on 22 October 1998 fails to show any retirement points for that period, to include membership points.  

On 26 June 1988, he began a 3-year AGR tour in a full time National Guard Duty (FTNGD) status with the GaARNG as a supply sergeant (MOS 76Y).  Shortly thereafter, on 17 September 1988, the first mention of weight control problems was made in his medical records.  He weighed 221 pounds (71 inches tall, although at other times his height was shown as 72 inches) and had a percent of body fat of 27.09 percent.  He received weight control counseling and had a goal to lose 3-8 pounds per month, and reduction of his body fat to 24 percent or less. He made reasonable progress, and by 18 March 1989 he was within body fat standards (23.66 percent) and weight of 207 pounds.  He was certified for reenlistment in June 1989 as meeting weight control standards.

On 30 November 1990, the unit was Federalized in connection with operations in Southwest Asia.  However, his unit did not deploy, rather it underwent extensive training at the National Training Center in California.  Also on 30 November 1990, he was laterally promoted from specialist five, pay grade E-5 to the rank of sergeant, pay grade E-5 and his 3 year AGR/FTNGD tour was extended from 
3 years to 4 years.  On 10 April 1991, he was honorably discharged from active duty at the completion of required duty, with credit for 2 years, 5 months and 
2 days GaARNG (FTNGD) active service and 4 months and 11 days active Federal service.  

On 11 April 1991, he returned to his FTNGD status with the GaARNG serving as an automated logistics specialist (MOS 92A).  On 28 June 1992, he was continued in the AGR/FTNGD program for 6 years with an active duty commitment from 28 June 1992 through 31 April 1998 (sic: corrected in 1997 to read 30 April 1998).  On 1 September 1993, he was reassigned within the GaARNG to a new unit at Fort Gillem, Georgia with continued duty as a supply sergeant.

A Noncommissioned Officer Evaluation Report (NCOER) for the rating period December 1991 through November 1992, is annotated in Part IV, Part C (Values/
NCO Responsibilities, Physical Fitness & Military Bearing) to show that he passed the Army Physical Fitness Test in October 1992, but that he did not meet height/weight standards.  His weight was 229 pounds.  However, the narrative entry stated that he was making satisfactory progress in the weight program.  

In 1994, he appears to again have had weight control problems.  On 6 March 1994 he underwent a physical examination at a Reserve medical company in Atlanta and was found medically fit to participate in the weight control program.  He weighed 229 pounds at the time of that examination.  He also was certified as fit to undergo physical therapy/rehabilitation after exploratory surgery on his left knee scheduled for later in March 1994.   

His records show that on 15 June 1994, GaARNG Orders 91-72, were issued discharging the applicant from the GaARNG and as a Reserve of the United States effective 21 July 1994, by reason of NGR 600-200, paragraph 
8-26m (failure to meet Army weight control standards).  An Honorable Discharge Certificate (NGB Form 55) was to be issued.  On 17 June 1994, GaARNG Orders 93-4 were issued directing his relief from the AGR/FTNGD program effective 
21 July 1994.  On 20 July 1994, orders were issued authorizing the applicant half-severance pay.   

On 21 July 1994, he was discharged from the GaARNG and as a Reserve of the Army, but his characterization of service is shown as under honorable conditions, although an Honorable Discharge Certificate was issued.  He had 3 years, 
7 months and 22 days active service credit on this enlistment, 5 years and 
5 months prior active service and 3 years, 2 months and 29 days prior inactive service.  Therefore, he had in excess of 12 years for pay purposes, but only slightly more than 9 years of qualifying active and Reserve service for retirement purposes.   A DD Form 214 (Certificate of Release or Discharge from Active Duty), issued on the same date, shows that he received $8,485.56 in severance pay. 
On 21 September 1994, Orders 147-20 were issued by the GaARNG, revoking the 15 June discharge order.  The notation was made:  "Medical discharge overturned, IG."  No further information is available in his records concerning this incident.  Also, on 21 February 1995, the NGB Form 22 issued on 21 July 
1994 was voided.   

On 4 October 1994, the applicant was entered into a weight control program and was counseled that he was to lose 3-8 pounds of weight a month.  He acknowledged and signed a statement that he understood these conditions.  

On 5 October 1994, orders were issued by the GaARNG, reassigning the applicant from his unit at Fort Gillem, Georgia to a unit at Barnesville, Georgia with duty in MOS 92A as a TAMMS (The Army Material Management System) clerk, effective 6 October 1994.  He continued in his AGR/FTNGD status.  He apparently was facing a Medical Evaluation Board proceeding at that time.  The specific results are unknown, but he appears to have been continued on active duty.  He underwent knee surgery on 15 November 1994, and reported for full time duty with his new unit at Barnesville in January 1995.  
A GaARNG Form 0131-R (Individual Record of Weight Control Program Progress/Counseling) shows that his weight fluctuated from 220 pounds to           235 pounds (other documents show this may have been as high as 238 pounds) between January and October 1995, and his percent of body fat fluctuated from 24.86 percent to 30.78 percent.  Information available from his unit indicates that he did not receive nutritional counseling until June 1995 because of loss of the initial request for the counseling.  
Two certificates of nutritional/weight control consultations were issued.  The first was issued on 22 June 1995, signed by a major, Registered Dietician, at the Family Practice Clinic at Fort McPherson, Georgia (an active duty medical unit) that the applicant had been provided nutritional/weight reduction counseling and an exercise evaluation in accordance with Army regulations.   Follow-up counseling should have been provided at the unit level using information in          Appendix C of AR 600-9 and with the assistance of master fitness trainers, if available.  
On 4 August 1995, a second certificate was issued by a Registered Nurse, the Head Nurse of the Family Practice Clinic at Fort McPherson.  The certificate stated that the applicant was fit to continue in a weight control and physical fitness program.  His overweight condition was not related to a medical condition.
From September 1995 through February 1996, another GaARNG Form 
0131-R certified his weigh-ins as going from 238 pounds to as high as 
245 pounds (November 1995), although it was 240 pounds in February 1996, and his percent of body fat fluctuated from 28.88 percent to 29.98 percent.  
On 15 October 1995, his commander notified him, in writing, that separation action under the provisions of National Guard Regulation (NGR) 600-5 and 
AR 600-9 was being initiated to separate him from the GaARNG.  He had not made satisfactory progress after a period of 6 months in the program.  The applicant acknowledged receipt of the notification on the same date and stated that he did not voluntarily agree to the separation action and he did not submit a statement in his own behalf.  He waived appointment of and representation by counsel, and he waived a hearing by and appearance before a board of officers.  No further action appears to have been taken on this notification.  

Subsequent to this, he received further knee surgery in November 1995 and in January 1996 he was found medically fit for retention, with profile.  The profile stated no repetitive squats, jumping or deep knee bends, to avoid stairs and no prolonged sitting more than 20 minutes.  He could take the Army Physical Fitness Test less the run, but could substitute walking, swimming or bicycling for the run.   

On 3 February 1996, his command again initiated separation action under the provisions of AR 635-200, paragraph 5-15; AR 600-9, paragraph 21j; and NGR 600-200, paragraph 8-26m.  Again it was stated that he had failed to lose 
3-8 pounds per month and reduce his percent of body fat below 24 percent.  

The applicant acknowledged receipt of the notice on 6 February 1996 and stated that he did not voluntarily agree to the separation action, that he would submit a statement in rebuttal (not available), that he did not request representation by counsel, and he requested a hearing before a board of officers. 

On 28 March 1996, he was reassigned to another unit within his company in Barnesville, Georgia.  

On 2 July 1996, the GaARNG requested that a board of officers be appointed to hear the applicant's case.  Whether this board ever met is not indicated in his records.  

However, on 20 August 1996, Orders 131-067 were issued by the GaARNG directing the honorable separation of the applicant from the GaARNG effective 
1 September 1996, and transfer to the USAR Control Group (Reinforcement).  The specified authority for the separation was NGR 600-200, paragraph 
8-26o (unsatisfactory performance).  Subsequently, the separation date was changed to 30 September 1996, and the authority and reason for separation were changed to NGR 600-200, paragraph 8-26m, failure to meet Army weight control standards.

It appears from documents with his application that he initiated an  EO complaint concerning his discharge some time in 1996.  The complaint was found to be valid, and corrective action was begun in 1997.  However, the exact details of the complaint are not in his records.

On 22 April 1997 (apparently reissued on 15 June 1997) a memorandum was issued by the Adjutant General, State of Georgia (a major general) to the Army National Guard Headquarters of the State of Georgia, commanded by a brigadier general, which stated that, based on an Inspector General investigation, the applicant had been improperly separated from the GaARNG.  His unit had failed to be within regulatory compliance standards and did not follow established procedural guidelines, thus denying the applicant his right to due process.  The memorandum then directed that the applicant's separation in September 1996 be revoked and he be restored to duty in the GaARNG.  The memorandum went on with specific guidelines, to include directing that the separation action be voided, that the applicant would be restored to duty with full back pay and allowances, that he be assigned to a new unit to duties commensurate with his skills.  His duties would be clearly spelled out to him and he would be fairly supervised by a supervisor without preconceived notions of performance.

Additionally, the applicant would be given a new physical examination by an active duty medical facility, be given an Army Physical Fitness Test, and if he did not meet Army weight control standards, he would be entered into a weight control program.  

On 22 May 1997 and 11 June 1997, memoranda were issued by elements of the GaARNG directing the implementation of the restoration of the applicant to active status.  He was restored to the AGR/FTNGD program and was assigned to a new unit, an Engineer Group, first at Marietta then at Decatur, Georgia which apparently was closer to his home, effective 10 June 1997.  He was assigned to duties as a supply sergeant.  

On 29 June 1997, a DA Form 4856 (General Counseling Form) was issued by his unit commander, a captain.  He was counseled that he would be scheduled for a Class III physical exam as soon as possible.  He was issued a copy of Annex C (Nutrition Guide) to AR 600-9 (Army Weight Control Program) for which he acknowledged receipt.  The commander then discussed the applicant's current weight and percent of body fat (apparently 235 pounds, 30.10 percent).  He was informed that he would be weighed, tape measured (taped) for percent body fat and counseled each month for the next 6 months.  He was counseled that he had to make reasonable progress to reach 24 percent body fat.  To accomplish this he was to lose 3-8 pounds per month.  If he did not make satisfactory progress for 2 months, he would be medically reevaluated.  He was informed that he would be scheduled for nutritional counseling.  He would have a master fitness counselor available to assist him with his physical training program.  He would take the next scheduled unit Army Physical Fitness Test.  He was informed that he would be "flagged" against any favorable personnel action effective 29 June 1997, until he achieved satisfactory body fat percentage in accordance with AR 600-9.  The applicant signed the counseling form on 
29 June 1997.  The form was further annotated by the unit commander:  "SGT (applicant's name) will provide a copy of current physical examination; has already lost 34 pounds (lbs.);  will provide permanent profile."  

The unit commander formally notified the applicant of his entry into the Army Weight Control Program, his weight loss goal and that he was "flagged."  The applicant acknowledged this notification in writing and that he would be required to have his weight periodically recorded.   

Further, his records contain a DA Form 268 (Suspension of Favorable Personnel Actions (FLAG)) which was issued and dated on 29 June 1997.  There is no evidence that the DA Form 268 was ever removed from his records.   

On 28 January 1998, a memorandum was sent from his engineer command to the 78th Troop Command, GaARNG, outlining the actions taken in the applicant's case.  It was noted that he was assigned to supply sergeant duties in the engineer group.  He had been counseled by a major on his duties on 19 June 1997, and provided a written listing of his duties.  He acknowledged this counseling, in writing on 20 June 1997.  He was weighed on 18 June and weighed 235 pounds, with a percent of body fat  of 30.10 percent.  He was formally counseled by his unit commander and entered on the weight control program on 29 June 1997.  He was advised in writing by his commander that he had to lose between 3 and 8 pounds per month, and to make satisfactory progress in reducing his percent of body fat and that he was flagged .  The applicant acknowledged this counseling in writing.  

In this report to higher headquarters, his unit also reported that on 10 October 1997, the applicant received a physical examination at Fort McPherson, Georgia. He was found fit for duty (form actually stated fit for periodic physical).  He weighed 228 pounds, but no mention of being on the weight control program is on the examination forms.  A copy of this report would be provided to the 
78th Troop Command personnel office.  

In response to the requirement to have qualified personnel trained to perform physical fitness tests and "tape measuring" in connection with determination of Army body fat standards, the unit certified to the appointment and training of such personnel within the engineer group, by name.  Arrangements were being made to train new personnel since several of the personnel previously trained were being reassigned.  

Certification of the applicant's weight and percent of body fat was also sent with the memorandum, which showed that his weight had gone from 235 pounds in June 1997 to 221 pounds in January 1998.  His percent of body fat had moved from 30.52 percent to 27.09 percent.  However, the applicant had not been weighed or measured during August, September and November 1997.

On 3 February 1998, the applicant was counseled concerning his weigh-in later in the month.  Also from 9-13 February 1998, he attended a supply course and achieved course standards.  His weigh-in on 6 February showed a weight of 
227 pounds and a percent of body fat of 27.30 percent.  

On 10 February 1998, the 78th Troop Command responded requesting certain documents be forwarded, noted that the applicant had not been weighed each month as required, and that training would be conducted to insure there were sufficient Master Trainers and personnel qualified to "tape" soldiers would be available.  He would be sent to nutritional counselings if he had not already received such counseling.  

On 25 February 1998, his unit commander requested that the applicant's current enlistment contract and AGR/FTNGD contract be extended from 30 April 1998 for 6 months in order to give the applicant more time to achieve weight control standards.  The commander cited his progress to date, 14 pounds lost since June 1997, i.e. 235 pounds to 221 pounds in January 1998.  The chain of command concurred.

On 24 March 1998, GaARNG Orders 045-035, were issued, extending the applicant's enlistment contract in the AGR/FTNGD position for 6 months from 
1 May to 31 October 1998.  

On 7 April 1998, his group administrative officer (a major) counseled him as to the dates in the next 6 months he was required to present himself to be weighed and measured.  Also he was provided the names of four individuals who could accomplish this.  The applicant acknowledged this counseling.  

On 8 April 1998, the applicant was informed that the request to extend his enlistment had been approved for 6 months.  His group commander, a colonel personally counseled him (DA Form 4856) that in connection with the approval, it had been noted that he had not lost 3-8 pounds per month as required since June 1997.  Therefore, the extension of his contract (enlistment) would be approved, but he was to be within body fat standards (24 percent) by the end of 
6 months or to have lost at least 3-8 pounds per month for each of the 6 months between April and October 1998.  If he did not meet these standards, there would be no more extensions of his service contract beyond his new expiration of term of service (ETS) of 30 October 1998.  He acknowledged this counseling in writing.  

On 28 April 1998, his command requested nutritional counseling, but this was not accomplished until 3 September 1998 at the Fort McPherson Family Practice Clinic.  

On 24 July 1998, he underwent a medical evaluation from a physician at the Fort McPherson Family Practice Clinic.  His weight was 220 pounds.  The apparent purpose was to evaluate him for continuation in the weight control program.  His left knee problems were noted.  A series of blood tests were ordered.  No results are available, but there are no negative indications of medical problems.  Accordingly, he was certified for continuation in the weight control program.  

On 19 September 1998, his group commander and company commander agreed that the applicant would not be permitted to extend his enlistment beyond his ETS because of his failure to come into compliance with AR 600-9 after being granted a 6-month enlistment extension.  The applicant was so informed by his command on that same date.  Neither his records nor the documents with his application contain an accounting of his progress in the Weight Control Program between February-October 1998, except for the medical examination in July 1998 where his weight was recorded as 220 pounds. 

On 31 October 1998, the applicant was involuntarily separated from AGR/FTNGD program (active duty) and was transferred to his GaARNG unit, by reason of completion of required service, with an honorable discharge, under the provisions of NGR 600-200 and AR 135-18, Table 2-6.  Table 2-6 specifies that soldiers will not be continued in the AGR program if they are ineligible to reenlist. His DD Form 214 (Certificate of Release or Discharge from Active Duty shows that he was credited with 10 years, 4 months and 4 days active service between June 1988 and October 1998, 2 years, 11 months and 28 days prior active service, and 3 years, 2 months and 29 days prior inactive service.  His awards and decorations included the Army Commendation Medal, the Army Service Ribbon, the Noncommissioned Officer Professional Development Ribbon, the National Defense Service Medal, and the Armed Forces Reserve Medal.  He was entitled to full separation pay totaling $28,478.40.  No reentry eligibility (RE) code was assigned. 

There was some confusion in the applicant's case, but eventually on 31 August 1999, GaARNG Orders 148-208 were issued, amending earlier orders, which, 
in finality, discharged him from the GaARNG and as a Reserve of The Army, with an honorable discharge in accordance with NGR 600-200, appendix A, paragraph 1-26I, effective 31 October 1998.  He was also issued an NGB Form 
55 (Honorable Discharge Certificate).

There is no evidence of record that the flagging action (DA Form 268) imposed on the applicant on 29 June 1997 had ever been lifted or removed from his records since there is no evidence of record that the applicant was ever within Army weight control standards between June 1997 and the date of his separation as a member of the GaARNG and as Reserve of the United States.  

An NGB Form 23 and 23A1 (Army National Guard Current Annual Statement/Supplemental Detailed Report) issued on 8 October 1999, shows that as the date of his discharge in October 1998, he had been credited with 
4175 active duty points, 4356 total career points, 4241 points for retired pay and 12 years, 6 months 13 days creditable service for retired pay as of 30 October 1998. 

Army Regulation 600-9 outlines the Army Weight Control Program.  The regulation establishes the policy and provides detailed guidance on the operation of the program.  Essentially, the program consists of three components; medical evaluation, nutritional counseling, and weight management.  Once a soldier is determined to be overweight, usually by exceeding the standard weight guides for height and age, which then must be confirmed by measurement for body fat content, the soldier is considered for entry into the Weight Control Program.  If the condition appears to be medically related, the soldier will be referred for a medical evaluation.  If there is no medical problem, the soldier undergoes counseling from his unit commander and is entered into the Weight Control Program.  The soldier's records are "flagged" to preclude favorable personnel actions while he is on the program.  Paragraph 20b of AR 600-9 requires that soldier's undergo nutritional counseling by qualified health care personnel after being entered into the weight control program.  Soldier's are to be weighed and measured periodically; for Reserve component personnel at monthly drills.  

Paragraph 21 of AR 600-9 outlines the procedures for monitoring progress.  Soldier's are expected to lose 3-8 pounds a month.  Once a soldier's body fat content is below the percentage standard for his/her age (24 percent for males between ages 28 and 39, and 32 percent for females in the same age grouping), they will immediately be removed from the program, and the "flag will be lifted".  If a soldier does not make satisfactory progress (as evidenced by the standard loss of 3-8 pounds per month) and there is no medical condition precluding the loss of weight, the soldier will be processed for separation (AR 635-200, paragraph 5-15 for active duty soldiers, AR 135-178 for USAR soldiers and
NGR 600-200 for National Guard soldiers).  However, if a commander determines that the soldier is making satisfactory progress (losing 3-8 pounds per month), they may be continued in the program.  Once they are removed from the program for meeting weight control standards, and again are found to be overweight within 12 months from removal from the program, separation action will be immediately started.  If between 12 months and 36 months since removal from the program, the individual will be given 90 days in which to be within standards.  

Paragraph 22 of the same regulation provides that soldiers who exceed the screening table weight and the body fat standard for their age group, will not be allowed to reenlist or extend their enlistment.  Exceptions may be granted to extend the enlistments of Reserve component soldiers by the general court-martial convening authority or the first general officer in their chain of command for a minimum period of time to soldiers who have a documented temporary medical problem or are pregnant.  

The weight control standards in effect for the applicant at age 39 or less is 
194 pounds if he is measured as 71 inches tall, 200 pounds if he is 72 inches tall. The percent body fat standard is 24 percent.  At age 40, which he currently is, the weight control standards are 197 and 203 pounds respectively and 
26 percent body fat.

Title 10, United States Code, Section 12731a(c)(3) (Temporary Special Retirement Qualification Authority), enacted the early qualification for retired pay at age 60 for soldiers found medically disqualified for retention in the U.S. Army Reserve or the Army National Guard on or after 5 October 1994.  Under this provision, soldiers who complete at least 15 but less than 20 years of qualifying service and are medically disqualified are eligible to receive retired pay at age 60.  The amount of retired pay is based on the total number of qualifying years of service at time of removal rather than the 20 years normally required.  Only soldiers who transfer to the Retired Reserve as a result of the medical disqualification are entitled to receive this benefit.  This benefit is now effective until 31 December 2001.  

Army Regulation 135-180 prescribes the policy and procedures for granting retired pay benefits at age 60, under Title 10, United States Code, chapter 
67, sections 1331 to 1337, later changed to sections 12731 to 12739.  This regulation specifies, in pertinent part, that to be eligible for retired pay an individual must have attained age 60 and completed a minimum of 20 years of qualifying service and that subsequent to 1 July 1949, qualifying service is granted only for each year of service an individual earns 50 or more retirement points or more.  This law further requires that the last 8 years of qualifying service must be in a Reserve Component.

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, in this case, has failed to submit evidence that would satisfy this requirement.

2.  The Board concludes that the applicant had a long history of not meeting the Army's Weight Control Program standards.  He was entered into a weight control regimen by the GaARNG on at least four occasions, the first from 1988 to 1989, then again during 1994, then from 1995 to 1996 and from 1997 to 1998.  

3.  Further, he was discharged from the GaARNG on three occasions essentially for failure to meet weight control standards to include 21 July 1994, 
30 September 1996 and 31 October 1998.  In the first two instances, he was restored to duty because the discharge process appears to have been flawed; the first instance directed as the result of an Inspector General Inquiry; the second based upon an EO complaint. 

4.  When he was restored to duty in the GaARNG in June 1997, the GaARNG issued very detailed instructions to his unit as to his duty requirements, his participation in a Weight Control Program and that he would be flagged until such time as he met Army Weight Standards.  The applicant was thoroughly briefed on the requirements, and acknowledged this counseling, in writing, on 29 June 1997.  

5.  There is no evidence of record that he ever met Army Weight Standards between June 1997 and the date of his discharge on 31 October 1998.  In fact, his enlistment contract was extended for 6 months from 30 April to 
30 October 1998 (sic: although he was not discharged until 31 October 1998) to give him additional time to meet the standards, but to no avail.  

6.  Therefore, the Board concludes that the applicant was appropriately discharged at the completion of his contracted period of service on 31 October 1998.  He was flagged for not meeting Army Weight Standards, therefore, he was not eligible to reenlist or further extend his enlistment contract. 

7.  While it is true the applicant did not receive dietary counseling by a dietician after he returned to active status in June 1997 on a timely basis, the Board is satisfied that this was not so detrimental to his case to override his failure to achieve his weight control goals.  He had received dietary counseling in 1995, in person, at the Family Practice Clinic in Atlanta.  He received written dietary counseling when he returned to duty in June 1997.  

8.  Therefore, the Board is satisfied that the applicant well knew the requirements he must meet to remain in an active status and he also had the knowledge and tools as to how this could be accomplished.  He failed to meet these  requirements and was appropriately discharged.

9.  Since he did not meet Army Weight Standards at the time of his discharge, there was no basis for reenlistment in the Army National Guard or other active or reserve component of the United States Army.  
10.  Also, he is not eligible for a "15 year" retirement since he does not have 
15 years satisfactory (qualifying) service for retired pay at age 60 and he was not separated for a physical disability as required by Federal statute
(10 USC 12731( C )(3)). 

11.   Further, he does not have 20 qualifying years of active and/or reserve component service in order to receive a 20 Year Qualified Service for Retirement Letter certifying him for retired pay at age 60.    

12.  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

__jns____  __le____  __cjp ____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000038554	
SUFFIX		
RECON		
DATE BOARDED	20010329	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19981031	
DISCHARGE AUTHORITY	NGR 600-200	
DISCHARGE REASON	A03.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	110.03	
2.	A01.01	
3.	A01.13	
4.	A93.21	
5.	A92.41	
6.