MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             20 March 2001
	DOCKET NUMBER:   AR2000049775

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. William D. Powers		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 effect, that the authority and narrative reason for his separation be changed from weight control failure to medical-mental problems.  

APPLICANT STATES:  In effect, that a review of his medical records will show that the real reason for his discharge was a mental condition caused by the Army.  He claims that he was being treated for these mental problems and when they could not be fixed, he was separated for weight control failure.  

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

On 27 February 1996, he entered the Regular Army for 4 years.  He successfully completed basic training and advanced individual training (AIT) at Fort Sill, Oklahoma.  Upon completion of AIT he was awarded military occupational specialty 13F (Fire Support Specialist) and was assigned to Fort Campbell, Kentucky for his first permanent duty station.  

The applicant’s Department of the Army (DA) Form 2-1 (Personnel Qualification Record) shows that he was promoted to private/E-2, the highest rank he held while serving on active duty, on 27 August 1996.  On 8 August 1996, he was entered into the weight control program based on his having exceeded the Army body fat standard and he was given a weight loss goal of 3 pounds per month.  

On 19 September 1996, the applicant underwent a mental status evaluation conducted by the Division Psychiatrist.  Although the applicant was diagnosed with a personality disorder, he was found mentally responsible and it was determined that he met Army medical retention standards.  

On 9 October 1996, the applicant was formally counseled on his failure to make progress in the weight control program by his First Sergeant (1SG).  The 1SG advised him that based on his failure to make progress in two successive months, separation action was being initiated.

On 4 November 1996, the applicant completed a separation physical examination.  The clinical evaluation portion of the form contains an entry that indicates the applicant’s psychiatric evaluation was normal.  There are no entries that show any mental or medical disqualification and the applicant was cleared for retention/separation by competent medical authority.  

On 18 November 1996, the applicant’s unit commander advised him, in writing, that separation action was being initiated against him, under the provisions of chapter 18, Army Regulation 600-9, based on his failure to meet body fat standards.  The unit commander cited his reason for taking the action as the applicant’s failure to make progress while enrolled in the Army weight control program.  
The applicant consulted legal counsel, and after being advised of the basis for the contemplated separation, its effects, the rights available to him, and the effect of waiving those rights, he completed his election of rights, in which he waived his right to have his case heard by an administrative separation board.  

On 26 November 1996, the appropriate authority approved the separation action and directed that the applicant be separated, under the provisions of chapter 18, Army Regulation 635-200, with an honorable discharge, for failure to meet body fat standards.  Accordingly, on 6 December 1996, the applicant was discharged after completing a total of 9 months and 10 days of active military service. 

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 18, provides the authority for the involuntary separation of soldiers who fail to meet the body fat standards set forth in Army Regulation 600-9.  Paragraph 18-2A(2) states, in pertinent part, that initiation of separation proceedings is required for soldiers who do not make minimum satisfactory progress and still exceed the body fat standards for any two consecutive months while they are enrolled in the Army weight control program.  An honorable discharge is mandatory for all members separating under these provisions except those who are still in an entry level status who receive uncharacterized discharges. 

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 noted the applicant’s contention that he should have been medically discharged as a result of a mental condition he developed in the Army, but finds this claim lacks merit.  Although he was diagnosed with a personality disorder, his mental status evaluation confirmed he was mentally responsible and he was medically fit for retention/separation. 

2.  The medical evidence shows that the applicant underwent a complete separation physical examination, which revealed no significant mental problems. The clinical evaluation indicated that his psychiatric condition was normal and the results of this examination found him medically fit for retention/separation and he was cleared for separation by competent medical authority.  

3.  The record shows that the applicant’s separation processing was properly accomplished in accordance with applicable regulations and that he was afforded all rights associated with the action.  In addition, it shows that after being advised of the effects of waiving his legal rights by counsel, the applicant chose to waive his right to an administrative separation board and he was honorably discharged accordingly.  Thus, the Board finds the requested relief is not warranted in this case. 
4.  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 this requirement.

5.  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

___fe ___  ___rjw __  ___wdp__  DENY APPLICATION

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

INDEX

CASE ID	AR2000049775	
SUFFIX		
RECON		
DATE BOARDED	2001/03/20	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1996/12/06	
DISCHARGE AUTHORITY	AR 635-200 C18	
DISCHARGE REASON	Failure to meet weight control standards.	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.		
3.		
4.		
5.		
6.