MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           17 JANUARY 2002
	DOCKET NUMBER:   AR2001059112

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. Kenneth W. Lapin		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, disability retirement or separation.

APPLICANT STATES:  That at the time of his discharge there was a question as to whether or not he would be given Chapter 18 discharge or a medical discharge, that the PA (Physician Assistant) had put him in for a medical discharge before he was put in the overweight program, and that he was injured at the time he was placed in the program and because of this injury there was nothing he could do to lose weight.  He submits no evidence in support of his request. 

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

The applicant enlisted in the Regular Army on 7 July 1998, for a period of
4 years.

The applicant underwent a physical examination on 25 August 1997.  The examining physician found him medically qualified for enlistment with a physical profile of 1-1-1-1-2-1.  The physician noted that the applicant was overweight.

On 17 May 1999, a DA Form 2173 (Statement of Medical Examination and Duty Status) indicates that the applicant injured his lower back on 2 March 1999, in an airborne operation while stationed at Fort Bragg.  The report states that the applicant's injury may result in a temporary disability, and was not likely to result in a claim against the Government for future medical care.  There is no additional information in his records concerning his injury.

The facts and circumstances concerning the applicant's discharge are not in the available records.  However, his DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates he was released from active duty on 
17 August 2000, under the provisions of Army Regulation 635-200, chapter 18, for weight control failure, he had 2 years, 1 month, and 11 days of active service.

Army Regulation 635-200, sets forth the basic authority for the separation of enlisted personnel.  Chapter 18 contains the policy and procedures for the separation of soldiers who fail to meet body fat standards set forth in Army Regulation 600-9. 

Army Regulation 600-9, which establishes the policies and procedures for the Army’s weight control program and standards, states that when a determination is made that a soldier exceeds the Army’s weight control standards he or she will be entered into a weight control program and flagged under the provisions of Army Regulation 600-31.  It states that individuals who are being considered for separation due to failure to make satisfactory progress in a weight control program will be evaluated by health care personnel to determine if there is a medical reason for lack of weight loss.
Army Regulation 40-501, paragraph 3-3b(1), as amended, provides that for an individual to be found unfit by reason of physical disability, he must be unable to perform the duties of his office, grade, rank or rating.

Army Regulation 40-501, at paragraph 3-3a, provided, in pertinent part, that performance of duty despite an impairment would be considered presumptive evidence of physical fitness. 

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.  There is no evidence in the applicant's available records nor did he submit documentation to substantiate his claim that his injury hindered his progress in the Army's weight control program.  

2.  The evidence of record indicates there was no medically unfitting disability which required physical disability processing.  Therefore, there is no basis for physical disability retirement or separation.  

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 that 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

__JLP___  __CJP __  __KWL __  DENY APPLICATION

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

INDEX

CASE ID	AR2001059112	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020117	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.