1. Applicant's Name: a. Application Date: 21 March 2016 b. Date Received: 28 March 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to the narrative reason for separation. The applicant seeks relief contending, in effect, he was unjustly discharged and that was unfair to be treated that way. He was not sent to see a nutritionist until after his chapter process was started. He did not start remedial physical training until block leave ended. His chapter packet would not be forwarded because it was not properly prepared. He wants to return to duty and serve his country which is his goal. In a records review conducted at Arlington, VA on 11 April 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Weight Control Failure / AR 635-200, Chap 18 / JCR / RE-3 / Honorable b. Date of Discharge: 26 March 2013 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 25 January 2013 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; since being enrolled in the Army Weight Control Program on 15 February 2012, he failed to make satisfactory progress or achieve the body fat standard in accordance with AR 600-9. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 29 January 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 14 February 2013 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 March 2011 / 4 years b. Age at Enlistment / Education / GT Score: 20 years / HS Graduate / 91 c. Highest Grade Achieved / MOS / Total Service: E-3 / 25L10, Cable Systems Installer / Maintainer / 2 years, 18 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The applicant received several negative counseling statements for various acts of misconduct; and counseling regarding being overweight. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (two pages); DD Form 293 (two pages); and a Chapter 18 discharge packet (72 pages). 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): 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 Chapter 18 will be characterized as honorable. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JCR" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 18, weight control failure. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JCR" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests a change to the narrative reason for separation. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The applicant requests a change to the narrative reason for separation. Army Regulation 635- 5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JCR" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 18, weight control failure. The regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, he was unjustly discharged and that was unfair to be treated that way. The record of evidence shows that the applicant was discharged for failure to make satisfactory progress in the weight control program during a six month period. The applicant further contends, he was not sent to see a nutritionist until after his chapter process was started; and he did not start remedial physical training until block leave ended. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant contends his chapter packet would not be forwarded because it was not properly prepared. There is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged. The applicant wants to return to duty and serve his country which is his goal. Soldiers being processed for separation are assigned reentry codes based on their reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There was no basis upon to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 11 April 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a new DD-214/Issue new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD Code to: No Change f. Change RE Code to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20160006731 1