1. Applicant's Name: a. Application Date: 13 February 2017 b. Date Received: 21 February 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to change the narrative reason for his discharge to a medical discharge. The applicant seeks relief contending, in effect, at the time of his discharge, he was under doctors' care, and soon thereafter, he received disability compensation for the medical issues he was receiving care for while on active duty. His request to change the narrative reason for his discharge includes receiving the compensation owed him. In a records review conducted at Arlington, VA on 1 June 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, Chapter 18 / LCR / RE-3 / Honorable b. Date of Discharge: 23 October 2002 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 June 2001 / 3 years, 6 months (The applicant extended his enlistment by six months on 2 January 2002.) b. Age at Enlistment / Education / GT Score: 24 / HS Graduate / 95 c. Highest Grade Achieved / MOS / Total Service: E-3 / 77F10, Petroleum Supply Specialist / 1 year, 4 months, 5 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Discharge Orders i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 13 February 2017; VA Form 21-0960C-10 (Peripheral Nerves Conditions (Not including Diabetic Sensory-Motor Peripheral Neuropathy) Disability Benefits Questionnaire), undated; Report of Medical Examination, dated 19 August 2002; Individual Sick Slip, dated 19 March 2002; Health Records, dated 26 August 2002, 11 April 2002; two Physical Profiles, dated 10 April 2002, and 25 September 2002; medical record, dated 1 October 2001; and Screening Note of Acute Medical Care, dated 21, 24, and 26 September 2001, and 24 July 2002. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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 "LCR" 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 "LCR" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests to change the narrative reason for his discharge to a medical discharge. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was digitally authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 18, by reason of Weight Control Failure, with a characterization of service of honorable. Barring evidence to the contrary, it appears 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 the discharge was unjust because at the time of his discharge, he was under doctors' care, and subsequently, he received disability compensation for the medical issues he was receiving care for while on active duty; therefore, the reason for his discharge should be for 100 percent medical disability. However, 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 his issues. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention that he may have been unjustly discharged. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further sufficient evidence has been provided with the request to change the narrative reason for his discharge. If the applicant desires a personal appearance hearing, it would be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the complete discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Further, the narrative reason for his separation is governed by specific directives. The narrative reason specified by AR 635-5-1 for a discharge under Chapter 18 is "Weight Control Failure," and the separation code is JKA. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends changing the narrative reason for his discharge includes receiving the compensation owed him. However, the applicant's request for compensation does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. Based on the available record, 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 1 June 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 a 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 / 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 AR20170003307 1