APPLICANT REQUESTS: Reinstatement to active duty with all back pay, allowances, and rank that he would have attained had he not been unjustly discharged. As an alternative, he requests that he be retired for reasons of medical disability or that he be separated under the Voluntary Separation Incentive Program (VSIP).
APPLICANT STATES: That he was discharged for being a couple of pounds overweight. However, at the time of his discharge he was being treated with the drug Prednisone for a diagnosed condition of Sarcoidosis. He goes on to state that he has since learned that one of the side effects of this drug is weight gain, and he believes that it was unjust for the Army to expect him to loose weight given his condition and the medication he was taking. In support of his application, he submits copies of his medical records as well as a copy of the circumstances surrounding his discharge.
EVIDENCE OF RECORD: The applicant's military records were unavailable for review by the Board. However, the documents submitted by the applicant show:
He enlisted on 26 November 1980 and continued to serve through a series of reenlistments. He was promoted to the pay grade of E-6 on 1 November 1989.
On 13 September 1993 the applicant was enrolled in the weight control program for exceeding his maximum allowable body fat content. His maximum allowable body fat content was 24 percent and he had 24.23 percent. He was 8 pounds overweight. He was subsequently removed from the weight control program; however, on 28 March 1994, he was again enrolled in the weight control program for being 3.41 percent over his maximum allowable body fat content (12 pounds overweight). Medical personnel at the time determined that his overweight condition was not the result of a medical condition and recommended that he be placed in a weight control program.
On 21 June 1994 the applicants commander notified him that he was initiating action to separate him from the service for his failure to meet the Armys body composition/weight standards under the provisions of Army Regulation 635-200, chapter 18.
After being advised of his rights to counsel, the applicant elected to waive consideration of his case by an administrative separation board. He also elected not to submit statements in his own behalf.
The applicant underwent a physical examination on 20 June 1994, for the purpose of separation. The separation physical indicates that the applicant was being treated for Sarcoidosis and was stabilized on Prednisone for 3 months. He was cleared for separation.
The recommendation for separation under the provisions of Army Regulation 635-200, chapter 18, was approved by the appropriate authority on 24 June 1994.
Accordingly, he was honorably discharged on 21 July 1994 in the pay grade of E-6. He had served 13 years, 7 months, and 26 days of total active service.
A review of the medical records provided by the applicant reveals that the earliest entry indicating that Prednisone was prescribed for his condition is 9 June 1994.
Army Regulation 635-200 serves as the authority for the separation of enlisted personnel. Chapter 18 of that regulation states that soldiers who fail to meet the body fat standards set forth in Army Regulation 600-9 shall be separated when such condition is the sole basis for separation. Separation action may not be initiated under this chapter until the soldier has been given a reasonable opportunity to comply with and meet the body fat standards. Soldiers who have been diagnosed by health care personnel as having a medical condition that precludes them from participating in the Army body fat reduction program will not be separated under this chapter. If no medical condition exists, initiation of separation proceedings is required for soldiers who do not make satisfactory progress in the program after a period of 6 months, unless the responsible commander chooses to impose a bar to reenlistment. Also, initiation of separation proceedings is required for soldiers who fail to meet screening table weight and body fat standards during the 12-month period following removal from the weight control program, provided no medical condition exists.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. In the absence of evidence to the contrary, it must be presumed that medical personnel took into account the fact that the applicant was taking Prednisone when it determined that his weight gain was not the result of his medical condition.
2. The Board notes that the applicant had a history of being overweight as early as September 1993, when he was first enrolled in the weight control program. Additionally, he was re-enrolled in the weight control program in March 1994, which is prior to the earliest reference in the available medical records indicating that he was taking Prednisone. Therefore, the applicants contention that his weight gain was caused by drugs prescribed by the Army appears to be without merit.
3. Accordingly, the applicants administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.
4. In view of the foregoing, there is no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
David R. Kinneer
Executive Secretary
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