Applicant Name: ????? Application Receipt Date: 2011/11/21 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, "I had initially requested to remain in service when I appeared before the MEB/PEB board. I was under the presumption that my chain of command would support my efforts to try and [sic] overcome my weigh issue, illness, and P3 profile issues. The board granted me my wish. However, that was not the intent of the Commend. They wanted [sic] me out. I requested to go back to MEB/PEB since they had made their position known and I wasn’t having any success in improving my condition which actually has gotten a lot worse since the board and was told no. They did not want to wait for the time it would take to get the 2nd board so they stated if I challenge it not only will that make my life hard but they would seek a dishonorable discharge. I request a formal review of my records that should have been resubmitted [sic] during my service." II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 000927 Discharge Received: Date: 001104 Chapter: 18 AR: 635-200 Reason: Weight Control Failure RE: SPD: JCR Unit/Location: Headquarters Battery, 1st Battalion, 4th Air Defense Artillery, APO AE Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 25 Current ENL Date: 980224 Current ENL Term: 4 Years ????? Current ENL Service: 2 Yrs, 8 Mos, 10 Days ????? Total Service: 9 Yrs, 4 Mos, 10 Days ????? Previous Discharges: RA 910625 - 931118/HD RA 931119 - 960220/HD RA 960221 - 980223/HD Highest Grade: E-5 Performance Ratings Available: Yes No MOS: 14J20 EWS OPR GT: 120 EDU: HS Grad Overseas: Macedonia Combat: SWA (961216 - 970324) Decorations/Awards: ARCOM, AAM, AGCM x 2, NDSM, AFSM, NPDR, ASR, OSR w/NUM 2, UNSM, UNM, JMUA V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows, that on 27 September 2000, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 18, AR 635-200, by reason of failure toachieve adequate progress in meeting appropriate body fat standards as outlined in AR 600-09, with an honorable characterization of service. He was advised of his rights. On 27 September 2000, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, 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. The intermediate commander reviewed the proposed discharge action and recommended approval with an honorable discharge. On 12 October 2000, the separation authority directed that the applicant be released from active duty with a characterization of service of honorable conditions. He was not transferred to the Individual Ready Reserve (IRR). b. Legal Basis for Separation: Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Chapter 18 stipulates that Soldiers who fail to meet the body fat standards set forth in Army Regulation 600-9 shall be separated under this provision when it is the sole basis for separation. The regulation provides that the Soldier must be given a reasonable opportunity to comply with and meet the body fat standards. The regulation also provides that if no medical condition exists and if the individual fails to make satisfactory progress in the program after a period of six months, then initiation of separation or imposition of a bar to reenlistment is required. The service of Soldiers separated under this chapter will be characterized as honorable. c. Response to Issues, Recommendation and Rationale: After a careful review of the applicant’s entire military records, and the issue and documents submitted with the application, the analyst found no mitigating factors which would merit change to the narrative reason for the applicant's discharge. The basis of the applicant’s discharge was failure to comply with and meet the body fat standards. As outlined by pertinent regulations the applicant was granted an honorable discharge. The record does not support the applicant’s contention of an underlying medical condition, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition. The analyst found no evidence of arbitrary or capricious actions by the command. The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant contends that the narrative reason for his discharge should be changed. However, the applicant was separated under the provisions of Chapter 18, AR 635-200 with an honorable discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Weight Control Failure", and the separation code is "JCR." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 30 May 2012 Location: Washington, D. C. Did the Applicant Testify? Yes No Counsel: yes [redacted] Witnesses/Observers: None Exhibits Submitted: DD Form 293 and a DD Form 214 VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. IX. Board Decision Board Vote: Character - Change NA No change NA Reason - Change 0 No change 5 (Board member names available upon request) ????? X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature Approval Authority: EDGAR J. YANGER Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20110023186 ______________________________________________________________________________ Page 3 of 4 pages