MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 March 2002                  
	DOCKET NUMBER:   AR2001063030

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Roger W. Able		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:  Correction of appropriate military records to show a reentry (RE) code which would allow reenlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.  He states that he is now 170 pounds.  He would like to re-enter the service and will keep his weight under control now.  He provides his Certificate of Release or Discharge from Active Duty, DD Form 214, as supporting evidence.

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

He enlisted in the Regular Army on 14 October 1993.  

On 22 March 2001, the applicant was counseled that he was being processed for a chapter 18 discharge due to his re-occurring failure of the Army body fat standards.  He entered the overweight program on 20 January 2000 at 181 pounds and 24.84 percent body fat.  He was disenrolled from the program on   16 August 2000 at 170 pounds and 21.18 percent body fat.  On 27 April 2001, he re-entered the program at 187 pounds and 25.32 percent body fat.  Health care personnel indicated there was no medical reason why he could not lose weight.  

On an unknown date, separation action on the applicant was formally initiated and on 20 June 2001 he waived consideration of his case by an administrative separation board, waived personal appearance before such a board, and elected not to submit statements in his behalf.  He further understood that he would be ineligible to apply for enlistment in the Army for a period of two years after discharge.  On 11 July 2001, he was discharged under the provisions of Army Regulation 635-200, chapter 18 for weight control failure.  He was given an RE code of 3.

Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Chapter 18 of that regulation provides for the involuntary separation of soldiers who fail to meet the body fat standards set forth in Army Regulation 600-9 when such condition is the sole basis for separation.  

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 Regular Army (RA) and the U.S. Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.

RE-3 applies to persons not qualified for continued Army service but the disqualification is waivable.  

Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of Chapter 4, Army Regulation 601-210, Regular Army and Army Reserve Enlistment Program. 

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 has failed to submit evidence that would satisfy this requirement.

2.  In view of the fact the applicant was involuntarily separated due to failing to meet the Army’s body fat standards, the assigned RE code of 3 was and still is appropriate.  The applicant was disqualified from reenlistment but the disqualification is waivable.

3.  Although the applicant acknowledged that he understood he would be ineligible to enlist in the Army for a period of two years after his discharge, since enlistment criteria does change and since an individual has the right to apply for a waiver he should periodically visit his local recruiting station to determine if he should apply for a waiver.

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

__jhl___  __wtm___  __rwa___  DENY APPLICATION

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

INDEX

CASE ID	AR2001063030	
SUFFIX		
RECON		
DATE BOARDED	20020314	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.