ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  15 October 2019

	DOCKET NUMBER:  AR20170010745


APPLICANT REQUESTS: a change in his narrative reason for separation


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 293 (Application for the Review of Discharge from the Armed 
Forces of the United States)
*	DD Form 214 (Certificate of Release or Discharge from Active duty)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, 
United States Code (USC), section 1552(b); however, the Army Board for Correction 
of Military Records (ABCMR) conducted a substantive review of this case and 
determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states the Department of Defense considers physical fitness as an 
important component of general health and wellbeing.  Annual assessments for 
cardio respiratory endurance and muscle strength for the whole body program was 
not provided to help him after several failed attempts.  He received very limited 
training hours or assistance to help him succeed in the military physical fitness area.  
The lack of hours, availability and training for the physical assessment test caused 
him to fail at his duty and uphold the military appearance. 

3.  A review of the applicant’s service record shows:

	a.  He enlisted in the Regular Army on 22 May 1992.

	b.  He served overseas in Germany from 15 November 1993 until 14 May 1994.

	c.  On 1 December 1993, the applicant was counseled and placed on a weight 
control program.  He was informed that his failure to make satisfactory progress or 
achieve body fat standards would result in separation from the service in the United 
States Army.
	d.  On 16 March 1994, the applicant received a formal counseling concerning his 
unsatisfactory performance on the weight control program.  He was recommended 
for separation under the provisions of Army Regulation (AR) 635-200 (), Chapter 18 
for failure to meet body composition/weight control standards.  

	e.  On 4 May 1994, the applicant's commanding officer notified him of her intent 
to initiate action to effect his discharge under the provisions of Army Regulation (AR) 
635-200 (Personnel Separation – Enlisted Personnel), Chapter 18, specifically for 
Failure to Meet body Composition/Weight Control Standards.

	f.  The applicant acknowledged receipt and consulted with counsel.  Following 
consultation with legal counsel, he understood his rights and elected not to submit a 
statement on his behalf.

	g.  The applicant’s commander initiated action to separation him under the 
provisions of AR 635-200, Chapter 18, and recommended the issuance of an 
honorable discharge.

	h.  Consistent with the commander’s recommendation, the separation authority 
approved his discharge under the provisions of AR 635-200, Chapter 18, and 
directed the issuance of an honorable conditions discharge. 

	i.  His DD Form 214 shows he was discharged on 16 May 1994, under the 
provisions of AR 635-200, Chapter 18, and given a characterization of an honorable 
conditions discharge with a narrative reason for separation of weight control failure.  
It also shows he completed 1 year, 11 months and 25 days of active service with no 
lost time.  

4.  There is no evidence the applicant has applied to the Army Discharge Review 
Board for review of his discharge within that board's 15-year statute of limitations.

5.  By regulation, soldiers who fail to meet the body fat standards set forth in AR 
600-9 shall be separated per this chapter when such condition is the sole basis for 
separation.

6.  By regulation (AR 635-5-1) Separation Program Designator (SPD) codes, are 
three-character alphabetic combinations that identify reasons for, and types of, 
separation from active duty.  The primary purpose of SPD codes is to provide 
statistical accounting of reasons for separation.  They are intended exclusively for 
the internal use of Department of Defense (DOD) and the military services to assist 
in the collection and analysis of separation data.

7.  The Board should consider the applicant’s petition and his service record in 
accordance with the published equity, injustice, or clemency determination guidance.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the 
relief was not warranted.  The applicant’s contentions were carefully considered.  
Evidence of record shows he was provided the reason for separation corresponding 
with his chain of command’s separation action.  The Board agreed there was no 
error or injustice in this case.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or 
injustice.  Therefore, the Board determined the overall merits of this case are 
insufficient as a basis for correction of the records of the individual concerned.


	  
I certify that herein is recorded the true and complete record of the proceedings of 
the Army Board for Correction of Military Records in this case.

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or 
injustice.  This provision of law also allows the ABCMR to excuse an applicant's 
failure to timely file within the three-year statute of limitations if the ABCMR 
determines it would be in the interest of justice to do so.

2.  By regulation (AR 635-5-1) SPD codes, are three-character alphabetic 
combinations that identify reasons for, and types of, separation from active duty.  
The primary purpose of SPD codes is to provide statistical accounting of reasons for 
separation.  They are intended exclusively for the internal use of Department of 
Defense (DOD) and the military services to assist in the collection and analysis of 
separation data.  Paragraph 2-4 of this regulation, in pertinent part, lists the steps 
required for SPD code control and usage and is shown in table C-1 (SPD codes 
applicable to enlisted personnel).  SPD Code LCR is the code and narrative reason 
associated with that SPD code is weight control failure.  This is supported by AR 
635-200, chapter 18, failure to meet body composition/weight control standards.

3.  Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), in effect 
at the time, sets forth the basic authority for the separation of enlisted personnel.  

a.  Paragraph 3-7a (Honorable) provided that an honorable discharge is a separation 
with honor.  The honorable characterization is appropriate when the quality of the 
Soldier’s service generally has met the standards of acceptable conduct and 
performance of duty for Army personnel, or is otherwise so meritorious that any 
other characterization would be clearly inappropriate. 

b.  Paragraph 3-7b (General) provides that a general discharge is a separation from 
the army under honorable conditions.  When authorized it is issued to a Soldier 
whose military record is satisfactory but not sufficiently meritorious to warrant an 
honorable discharge.  A characterization of under honorable conditions may be 
issued only when the reason for the Soldier’s separation specifically allows such 
characterization.  It will not be issued to soldiers upon separation at expiration of 
their period of enlistment, military service obligation, or period for which called or 
ordered to Active Duty.

c.  Paragraph 18 (Failure to Meet Body Fat Standards) provides that Soldiers who 
fail to meet the body fat standards set forth in AR 600-9 shall be separated per this 
chapter when such condition is the sole basis for separation.

4.  On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness 
issued guidance to Military Discharge Review Boards and Boards for Correction of 
Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency 
determinations.  Clemency generally refers to relief specifically granted from a 
criminal sentence.  BCM/NRs may grant clemency regardless of the type of court-
martial.  However, the guidance applies to more than clemency from a sentencing in 
a court-martial; it also applies to other corrections, including changes in a discharge, 
which may be warranted based on equity or relief from injustice.  This guidance does 
not mandate relief, but rather provides standards and principles to guide Boards in 
application of their equitable relief authority.  In determining whether to grant relief 
based on equity, injustice, or clemency grounds, BCM/NRs shall consider the 
prospect for rehabilitation, external evidence, sworn testimony, policy changes, 
relative severity of misconduct, mental and behavioral health conditions, official 
governmental acknowledgement that a relevant error or injustice was committed, 
and uniformity of punishment.  Changes to the narrative reason for discharge and/or 
an upgraded character of service granted solely on equity, injustice, or clemency 
grounds normally should not result in separation pay, retroactive promotions, and 
payment of past medical expenses or similar benefits that might have been received 
if the original discharge had been for the revised reason or had the upgraded service 
characterization.


//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170010745

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