MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  11 October 2001
	DOCKET NUMBER:  AR2001057606

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Jose A. Martinez		Member	
	Mr. Mark D. Manning		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 his HQDA imposed bar to reenlistment 
under the Qualitative Management Program (QMP) be removed. 

APPLICANT STATES:  That at the time of his notification (23 September 1988), he met the weight standards.  He also states that his Enlisted Evaluation Reports (EER) reflected only deficiencies in physical fitness and military bearing, and were solely considered without regards to his chronic injuries sustained while on active duty.  In support of his application he submits a copy of his QMP appeal packet with enclosures, two EERs, and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty). 

EVIDENCE OF RECORD:  The applicant's military records show he reenlisted 
on 25 February 1976 as a combat engineer with prior active duty and continued to serve through a series of continuous reenlistments.

On 9 September 1988, the Calendar Year 1998 Master Sergeant Selection 
Board determined that the applicant should be barred from reenlistment under 
QMP.  The basis for the determination was four Noncommissioned Officer Evaluation Reports (NCOER) which indicated that he displayed weaknesses in physical fitness and military bearing.

On 13 September 1988, the applicant was determined to be in compliance with the provisions of Army Regulation 600-9 and was therefore removed from the weight control program.  His weight was 211 pounds.  His screening table weight ceiling was 189 pounds for his present age and his body fat content was 23.93 percent, which was within standards.

On 23 September 1988, the applicant was notified of his HQDA bar to reenlistment under QMP and elected to submit an appeal on 26 September 1988.  The applicant provided a copy of a letter, dated 14 December 1988, from the Chief, Orthopedic Service.  The letter stated that the applicant injured his right knee several weeks prior to 21 April 1987, and had been on recurring profiles from that date to the present prohibiting his participation in unit runs.  The letter also stated that the applicant underwent knee surgery on 10 November 1988, and was on profile for 6 weeks.  He further stated that, by preventing him from running, his injury contributed to his initial inability to maintain weight standards from April 1987 to January 1988.

The applicant appealed the bar through his chain of command to the DA 
Standby Advisory Board (STAB) on 13 December 1988, which was denied.  The 
STAB stated that the past performance and estimated potential of the applicant were not in keeping with the standards expected of the NCO Corps and that 
the bar would remain in effect.

The applicant was honorably discharged on 2 June 1989 under the provisions
of Army Regulation 635-200, chapter 16-5(a), due to a HQDA imposed bar to reenlistment.  He had completed 15 years, 6 months, and 13 days of creditable service.  The applicant stated in his application to this Board that he just learned of the existence of this Board and that is why he waited 12 years to apply for relief.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 16 covers discharges caused by changes in service obligations.  Paragraph 16-5(a) applies to personnel who perceive that they will be unable to overcome a HQDA bar to reenlistment and will be discharged upon their request, unless disapproval of the request is required or permitted under other provisions.  Soldiers may request discharge at any time after receipt of the HQDA bar to reenlistment from their unit commander or upon notification that an appeal of the bar to reenlistment was disapproved.

Army Regulation 600-9 (The Army Weight Control Program) implements the guidance in DOD Directive 1308.1 which establishes a weight control program in all the Services.  This regulation applies to all members of the Active Army, the Army National Guard (ARNG) and the U.S. Army Reserve (USAR) to include those ARNG and USAR personnel in Active Guard/Reserve (AGR) status.
This regulation requires that the body fat composition will be determined for personnel whose body weight exceeds the screening table weight in Table 1 
or when the unit commander or supervisor determines the individual’s  appearance suggests that body fat is excessive.

Table 1 of Army Regulation 600-9 is a chart which shows the Weight for Height Table (Screening Table Weight).   This chart shows that the Screening Table Weight for a male who is between 28 and 39 years of age and who is 70 inches tall is 189 pounds.

Paragraph 20c of Army Regulation 600-9 contains a chart which shows the maximum allowable body fat standards.  This chart shows that the maximum allowable body fat standards for males in age group 28 to 39 is 24 percent.

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 applicant was properly barred from reenlistment based on his four 
NCOERs which indicated that he displayed weaknesses in physical fitness and military bearing.

2.  His HQDA bar under QMP was imposed in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.

3.  The applicant’s contentions are noted; however, the applicant has failed to show, through the evidence submitted with his application or the evidence of record, that his HQDA imposed bar under QMP was improper or unjust.  The Board notes that the applicant was removed from the weight control program on 13 September 1988, but the QMP action was based on a 3 year history of weight control problems.  

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

__jl___  __jm____  ___mm_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001057606	
SUFFIX		
RECON		
DATE BOARDED	20011011	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19890602	
DISCHARGE AUTHORITY	AR 635-200  C, 16-5(a)	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  7		
2.		
3.		
4.		
5.		
6.