RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            16 August 2005
      DOCKET NUMBER:   AR20040010367


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. James B. Gunlicks             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, Montgomery GI Bill (MGIB) education
benefits.

2.  The applicant states, in effect, although she was supposed to undergo
an Army Physical Fitness Test (APFT), she was only given a weight control
body fat test, which resulted in a suspension of favorable personnel
actions (FLAG).  She claims to have been on a medical profile during the
period 2 December 2002 through 3 January 2003, and was discharged on 15
January 2003.  She further claims to have signed the statement agreeing to
lose education benefits even through she had paid $1,200.00 for the MGIB.
She requests entitlement to these education benefits be reinstated because
when she signed the statement agreeing to the loss of these benefits, she
was on pain medication and not able to read or understand the statement
completely.

3.  The applicant provides her separation document (DD Form 214), FLAG
actions and associated documents in support of her application.

CONSIDERATION OF EVIDENCE:

1.   The applicant’s record shows she enlisted in the Regular Army for four
years and entered active duty on 23 January 2001.  She was trained in,
awarded and served in military occupational specialty (MOS) 91J (Medical
Supply Specialist), and the highest rank she attained while serving on
active duty was private first class (PFC).

2.  On 12 February 2002, the applicant was given a temporary profile of P-2
that expired on 25 February 2002, based on her suffering from low back pain
and muscle strain.  The profile allowed her to continue all normal
exercises and to walk and run at her own pace and distance.  It prohibited
repetitive jumping, lifting and did not allow her to do push-ups.  The
profile gave no indication that there was an underlying medical condition
that prevented the applicant from losing weight.

3.  A Body Fat Content Worksheet (DA Form 5501-R) on file shows the
applicant underwent a body fat evaluation on 13 February 2002.  This
document indicates the maximum percentage of body fat the applicant was
allowed was 30 percent.  It also shows her actual body fat percentage was
36.18 percent, which was 6.18 percent in excess of the maximum allowable
percentage.  A FLAG action was initiated on the applicant based on her
entry into the weight control program.
4.  On 22 March 2002, a member of the applicant’s chain of command
counseled her on her lack of progress in the weight control program.  The
applicant was advised that she had gained six pounds and 18 percent body
fat since entering the program on 13 February 2002.  The applicant was
advised that she needed to lose 3 to 8 pounds per month to remain
successful in the weight control program.  It further identified the
physical training the applicant was required to attend.  The applicant
concurred and signed the counseling form.

5.  On 13 June 2002, the applicant was counseled on her lack of progress in
the weight control program by her first sergeant.  The applicant was
informed that since her enrollment in the program she had gained 20 pounds
and increased her body fat content by 6.36 percent.  She was further
informed that by regulation, she was required to lose 3 to 8 pounds per
month to remain in the weight control program.  She was further notified
that if she continued this behavior, it could result in her being processed
for separation.  The applicant concurred and signed the counseling form.

6.  A DA Form 5501-R on file shows the applicant underwent another body fat
evaluation on 21 June 2002.  This evaluation showed she exceeded her
maximum allowable body fat percentage by 10 percent.

7.  On 11 December 2002, a FLAG action was initiated on the applicant based
on her being processed for early separation.

8.  On 16 December 2002, the applicant was issued a temporary 3 profile
based on back pain.  The applicant was allowed to continue many exercises
and to walk, bicycle, swim and walk or run in a pool at her own pace and
distance.  The profile restrictions included no raking, shoveling, or
lifting greater than 20 pounds. It also excluded wearing a ruck sack or
flack vest.  The profile called for physical therapy twice a week and it
was scheduled to expire on 1 February 2003.  This document did not indicate
the applicant’s medical condition prevented her from meeting the weight
loss goals required by the weight control program.

9.  The applicant’s record does not include a separation packet containing
the specific facts and circumstances surrounding her separation processing.
 The record does include a DD Form 214 that confirms the applicant was
separated under the provisions of chapter 18, Army Regulation 635-200, by
reason of weight control failure, on 15 January 2003.  The separation
document further shows she had completed a total of 1 year, 11 months and
18 days of active military service, and that her service was characterized
as honorable.

10.  Army Regulation 600-9 (Weight Control Program) establishes policies
and procedures for the implementation of the Army Weight Control Program.
Paragraph 21 contains the weight control program procedures.  It states, in
pertinent part, that the required weight loss goal of 3 to 8 pounds per
month is considered a safely attainable goal to enable Soldiers to lose
excess body fat and meet the body fat standards.  It further states that an
individual who has not made satisfactory progress after any two consecutive
monthly weigh-ins, and there is no underlying medical reason for the lack
of weight loss, the individual will be informed his/her progress is
unsatisfactory, and he/she is subject to separation.  After a period of
dieting and/or exercise for 6 months, Soldiers who have not made
satisfactory progress and who still exceed the screening table and body fat
standards, and there is no underlying medical condition causing the
overweight condition, will be subject to separation under appropriate
regulations.

11.  Army Regulation 635-200 (Active Duty Enlisted Administrative
Separations) sets forth policy for the separation of enlisted personnel
from the Army.  Chapter 18 contains the policy for separating members for
failure to meet body fat standards.  It states, in pertinent part, that
Soldiers who fail to meet the body fat standards after six months in the
weight control program are subject to involuntary separation after the
Soldier has been given a reasonable opportunity to meet the body fat
standards.

12.  Army Regulation 621-202 (Army Educational Incentives and Entitlements)
prescribes Army-unique policies, responsibilities, and procedures for the
administration of veterans' education programs and education incentives
authorized by law.  It also provides information on the Montgomery GI Bill
(MGIB) eligibility.  It states, in pertinent part, that members are
eligible for
the MGIB who serve 3 or more years of continuous active duty if the initial
obligated period of service was 3 or more years, or served 2 or more years
of continuous active duty if the initial obligated period of service was
less
than 3 years.  It also stipulates that to receive MGIB benefits, the
individual
must complete the initial obligated period of active duty, and separate
from
active duty with an honorable discharge.  Soldiers who do not complete the
qualifying term of service, and who do not qualify as an exception, have no
educational benefits and will not receive a refund of the $1,200.00
reduction in pay.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that her entitlement to MGIB benefits should
be reinstated because she was on medication and did not fully understand
the impact of the statement she signed agreeing to the loss of these
education benefits was carefully considered.  However, this factor is not
sufficiently mitigating to warrant granting the requested relief.

2.  The evidence of record confirms the applicant was enrolled in the
weight control program and after failing to make satisfactory progress for
10 months, she was processed for separation based on her failure to meet
body fat standards.

3.  The record does not include a separation packet containing the specific
facts and circumstances surrounding the applicant’s separation processing.
However, it does include a properly constituted separation document that
confirms the applicant was separated under the provisions of chapter 18,
Army Regulation 635-200, by reason of failure to meet body fat standards.
The DD Form 214 carries with it a presumption of regularity in the
separation process.  The applicant also authenticated this document with
her signature.  In effect, this was her verification that the information
contained on the DD Form 214 was correct at the time the document was
prepared and issued.

4.  Lacking evidence to the contrary, it is presumed that all requirements
of law and regulation were met, and that the rights of the applicant were
fully protected throughout the separation process.

5.  By law and regulation, members who enlist for three or more years must
complete three or more years of continuous active duty service to be
eligible to receive MGIB benefits.  Those Soldiers who do not complete the
qualifying term of service are entitled to no MGIB educational benefits and
will not receive a refund of the $1,200.00 reduction in pay.

6.  The evidence of record confirms the applicant was involuntarily
separated after completing less than two years of her four year enlistment
based on her failure to meet body fat standards.  It further shows there
was no underlying medical reason for her overweight condition.  As a
result, she forfeited her entitlement to MGIB educational benefit, and
there is no error or injustice related to her loss of these benefits.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MHM_  ___JTM _  __JBG__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





            ___Melvin H. Meyer________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010367                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/08/16                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2003/01/15                              |
|DISCHARGE AUTHORITY     |AR 635-200 C18                          |
|DISCHARGE REASON        |Failure to meet body fat standards      |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |103.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]