PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Character of Discharge:  Honorable

2.  Date of discharge (or REFRAD):  910409

3.  Authority for separation:

	a.  Regulation:  Chapter 5, AR 635-200

	b.  Reason:  Failure to Meet Army Weight Control Standards

4.  Prior review(s):  NONE

PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          AAM (1stOLC)                       
a.  Period entered for: 3 Years               
b.  Entry date: 901107                               
c.  Age: 21  Years   DOB: 681218                                                 
d.  Educational level:  HS Grad                                                 
e.  Aptitude area score:
	    GT: 112                                3.  Highest grade achieved:
    f.  Length of Service:                         E4
         0 Year(s)  5 Month(s)  3 Day(s)                                  
                                                           
                                               4.  Performance evaluations:  
                                                   NONE

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5.  Periods of unauthorized absence:  NONE
                                                                    
    Status       Inclusive dates                       
	AWOL                                                               

	Mil conf                                                           

	Civil conf                                                         

	Other                                                              

6.  Nonjudicial punishment:  NONE

	Date 	Offense(s)

7.  Court-Martial data:  NONE

	a.  SCM:  
		Date   Offense(s)

	b.  SPCM:  
		Date   Offense(s)

	c.  GCM:	 
		Date   Offense(s)

8.	Remarks:  NONE

SECTION B - Prior Service Data

Other discharge(s):

	Service	From	To	Type Discharge
	RA	881122	901106	Honorable

PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l.  Facts and Circumstances:

	a.  Evidence of record shows that on 19 March 1991, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, AR 635-200, by reason of failing to meet the Army weight control standards, with an honorable discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service, and waiver of further rehabilitative efforts.  On 27 March 1991, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with an honorable discharge.  

	b.  On 9 April 1991, the applicant was discharged with an honorable discharge.  At the time of discharge, the applicant had 5 months, and 3 days, service on his current enlistment under review and 2 years, 4 months and 18 days, total time in service.

2.  Legal/Regulatory Basis for Separation Action:   AR 635-200, chapter 5, then in effect, provided that soldiers who failed to meet the body fat standards set forth in Army Regulation 600-9 would be separated under this provision when it formed the sole basis for separation.  The regulation provided that the soldier must be given a reasonable opportunity to comply with and meet the body fat standards.  The regulation also provided that if no medical condition existed and if the individual failed to make satisfactory progress in the program after a period of six months, then initiation of separation or imposition of a bar to reenlistment was required.  The service of soldiers separated under this chapter was characterized as honorable.

SECTION B-APPLICANT’S SUBMISSIONS

1.  Issue(s) of propriety and/or equity submitted by applicant or counsel.
    As stated on applicant’s DD Form 293.

2.  Exhibit(s) submitted:

	A-1:  DD Form 293, dated 001119, with two (2) enclosure(s).
	A-2:  Counsel Issues:  NONE
	B-l:  Other Documents: NONE

PART IV - PREHEARING REVIEW (CONTINUED)

SECTION C - Medical and/or Legal Advisory Opinion

Referred to ( ) Medical Advisor      ( ) Legal Advisor

      a.  Medical prehearing comments (if applicable):

      b.  Legal prehearing comments (if applicable):

PART V - SUMMARY OF HEARING

SECTION A-Attendees and exhibits

1.  Review/hearing information:

	a. Type requested:
	   ( X ) Records review             (   ) Hearing

	b. Type Held:
	   ( X )Records review              (   ) Hearing
	                                    (   ) Tender Offer

	c. Review/hearing location and date:  Washington, DC on 24 January 2001.

	d. Appearance by:
	   Applicant                 (   ) Yes   ( X ) No
	   Counsel                   (   ) Yes   ( X ) No

	e.  Applicant testified:     (   ) Yes   ( X ) No
	
	f.  Counsel presentation:    (   ) Yes   ( X ) No
	
	g.  Witness(es) testified:   (   ) Yes   ( X ) No
	                                                
2.  Exhibit(s) submitted at hearing:  

PART VI - ISSUES AND FINDINGS

1.  a.  Applicant's issue(s) of propriety and/or equity:

	    ( X )	Same as those listed on DD Form 293 and Part IV, Section A of this case report and directive.
	    (   )	Revised issue(s) furnished in writing by applicant as follows:
	    ( X )	Additional issue(s) identified during review/hearing as follows:

        Board Issue:  (2)  The narrative reason for discharge is inequitable.

	b.  Request:  (   ) Recharacterization     ( X ) Change of Reason

2.  Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity:

	a.  Propriety:	The applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge.

	b.  Equity:	The parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

        (2)  The issue is accepted.  The Board carefully examined the applicant’s record of service during the period of enlistment under review.  The record of evidence shows that the applicant was discharged under the provisions of AR 635-200, Chapter 5, for failure to meet Army weight control standards.  The available record also shows that the applicant had a history of knee and ankle injuries and that he was in rehabilitation therapy for a right knee injury when he was placed on the weight control program.  Given his history of physical disabilities, the Board determined that although his discharge was proper, the narrative reason for separation was inequitable.  Accordingly, the Board voted to change the narrative reason for separation to Secretarial Authority.

        (1)  See Paragraph 3, below.

3.  Response(s) to item(s) not addressed as decisional issue(s): 

    Inasmuch as the Board voted to grant the full relief requested, response to the remaining issue is neither required nor rendered.

PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.	Board conclusion(s):

	The discharge was:

	( X )	Proper.
	(   )	Improper as to characterization.  Change characterization to                                     .
	(   )	Improper as to reason.  Change reason to                         under                      .

	(   )	Equitable.
	(   )	Inequitable as to characterization.  Change characterization to                               .
	( X )	Inequitable as to reason.  Change reason to Secretarial Authority
		under Chapter 5, AR 635-200.
	(   )	Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to                      under                         .

2.  Voting record:      Change   No Change
	            Reason       4         1  
    Characterization       0         5   

	  The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below.  The request must contain the CASE NO. located in the upper right corner of this document.

                  Department of the Army Review Boards Agency
                  ATTN:  Promulgation Team
                  1941 Jefferson Davis Highway, 2nd Floor
                  Arlington, VA  22202-4508

3.  Minority views:  NONE  

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

Ms. McKim-Spilker                                                        
Case Reviewing Official	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis      Date:  26 January 2001       

     The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Support Division-St Louis issue a new DD Form 2l4 to the applicant which reflects the following directed change(s):

           ( X )	Change reason and authority for discharge to
       	Secretarial Authority, AR 635-200.
           ( X )	Other (see remarks below).

Remarks:  This action does not entail a change of RE code.

SECTION B - CERTIFICATION

Approval Authority:

WILSON A. SHATZER
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:

EARNEST C. SMITH, JR.    
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge              	C - Other 
B - Material submitted by applicant

INDEX RECORD:

AR Number:  2000050187                    INDEX NUMBERS:  A9456
Date of Review:  010124                                   A1200
Character of Service:  HD                                 A0100
Date of Discharge:  910409                                
Authority:  AR 635-200 C5                     
Reason:  A1300                                            
Results of Board Action/                                  
Vote/Affirmation:  MD 4-1 A                               

PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1. 	Mbr    X                       X       

    2. COL MOORE, SPURGEON A.	Mbr    X                       X       

    3. 	Mbr          X                 X       

    4. 	Mbr    X                       X       

    5. 	PO     X                       X