| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Ms. Joann H. Langston | Chairperson | |
| Mr. Walter T. Morrison | Member | |
| Mr. Roger W. Able | Member |
APPLICANT REQUESTS: Correction of appropriate military records to show a reentry (RE) code which would allow reenlistment. In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment. He states that he is now 170 pounds. He would like to re-enter the service and will keep his weight under control now. He provides his Certificate of Release or Discharge from Active Duty, DD Form 214, as supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 14 October 1993.
On 22 March 2001, the applicant was counseled that he was being processed for a chapter 18 discharge due to his re-occurring failure of the Army body fat standards. He entered the overweight program on 20 January 2000 at 181 pounds and 24.84 percent body fat. He was disenrolled from the program on 16 August 2000 at 170 pounds and 21.18 percent body fat. On 27 April 2001, he re-entered the program at 187 pounds and 25.32 percent body fat. Health care personnel indicated there was no medical reason why he could not lose weight.
On an unknown date, separation action on the applicant was formally initiated and on 20 June 2001 he waived consideration of his case by an administrative separation board, waived personal appearance before such a board, and elected not to submit statements in his behalf. He further understood that he would be ineligible to apply for enlistment in the Army for a period of two years after discharge. On 11 July 2001, he was discharged under the provisions of Army Regulation 635-200, chapter 18 for weight control failure. He was given an RE code of 3.
Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel. Chapter 18 of that regulation provides for the involuntary separation of soldiers who fail to meet the body fat standards set forth in Army Regulation 600-9 when such condition is the sole basis for separation.
Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. Army Regulation 601-210 covers eligibility criteria, policies
and procedures for enlistment and processing into the Regular Army (RA) and the U.S. Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes, including RA RE codes.
RE-3 applies to persons not qualified for continued Army service but the disqualification is waivable.
Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria. They are required to process a request for waiver under the provisions of Chapter 4, Army Regulation 601-210, Regular Army and Army Reserve Enlistment Program.
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 order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. In view of the fact the applicant was involuntarily separated due to failing to meet the Army’s body fat standards, the assigned RE code of 3 was and still is appropriate. The applicant was disqualified from reenlistment but the disqualification is waivable.
3. Although the applicant acknowledged that he understood he would be ineligible to enlist in the Army for a period of two years after his discharge, since enlistment criteria does change and since an individual has the right to apply for a waiver he should periodically visit his local recruiting station to determine if he should apply for a waiver.
4. In view of the foregoing, there is no basis for granting the applicant's 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
__jhl___ __wtm___ __rwa___ DENY APPLICATION
| CASE ID | AR2001063030 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020314 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.03 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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