RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 January 2008
	DOCKET NUMBER:  AR20070009873 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Ms. Ann M. Campbell

Chairperson

Mr. Dean A. Camarella

Member

Mr. Rodney E. Barber

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 correction of his military records to show that his service aggravated his mental health condition.

2.  The applicant states that evidence in his Department of Veterans Affairs (VA) records shows that his military service aggravated his mental condition.  He further states that as a wartime veteran he should be entitled to service-connected disabilities to obtain the medical care that he needs.  He also states that the VA has determined him to be unemployable due to the aggravation of his mental illness while in the military.

3.  The applicant provides no additional documentation.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 24 October 1983, the applicant enlisted in the Regular Army for 4 years.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Infantryman).  He reenlisted in 1987 and completed training as a utility equipment repairer in MOS 52C.

3.  On 4 January 1990, the applicant was enrolled into the Army Weight Control Program.  His weight at that time was 181 pounds, seven pounds over the maximum allowable weight for his age and height.  He had a body fat percentage of 24.43, 2.43 percent over the maximum allowed for his age category.  He was expected to lose an average of 3 to 8 pounds per month in order to achieve his weight goal.

4.  On 6 February 1990, the family nurse practitioner examined the applicant and found that his overweight condition was not due any medical condition.  He was found fit for participation in a weight control/physical exercise program.

5.  On 14 November 1990, the applicant was counseled because of his failure to meet the weight standards.  He was informed that he could be administratively separated under the provisions of Army Regulation 635-200, paragraph 5-15, for failure to meet the Army weight control standards.

6.  On 5 December 1990, the applicant's commander notified him that he was initiating action to separate him from the military due to failure to meet the Army weight control standards.  The applicant waived consideration of his case by an administrative separation board and elected not to make a statement on his own behalf.  He was advised by counsel of his rights.  He stated that he understood that he might encounter substantial prejudice in civilian life if he received a general discharge, and that he might be ineligible for many or all benefits as a veteran under both Federal and State laws.   

7.  On 6 December 1990, the appropriate authority approved the recommendation and directed that the applicant be issued an Honorable Discharge Certificate.  Accordingly, he was discharged on 10 December 1990.  He had attained the rank of sergeant, pay grade E5 and had completed 7 years, 1 month, and 17 days of creditable active service.

8.  The applicant's military health records are not available for review.

9.  Army Regulation 635-200 (Enlisted Personnel Separations) provides, in pertinent part, the policies, standards, and procedures to insure the readiness and competency of the force while providing for an orderly administrative separation of Soldiers for a variety of reasons.  Paragraph 5-15 states that Soldiers who fail to meet the weight control standards may be administratively separated, provided that they are given a reasonable opportunity to comply with and meet the weight reduction goals prescribed for him or her by the health care personnel.  Soldiers who have been diagnosed by health care personnel as having a medical condition which precludes them from participating in a weight reduction program will not be separated under this paragraph.  Soldiers separated under this provision will receive an honorable characterization of service. 



10.  Title 10, United States Code, section 1203, provides for the physical disability separation of a member who has an impairment rated at less than 30 percent disabling.  It further provides at section 1201, for the physical disability retirement of a member who has an impairment rated at least 30 percent disabling.
 
DISCUSSION AND CONCLUSIONS:

1.  There is no available evidence showing that the applicant suffered from, or was diagnosed with, a mental heath condition or disability that occurred during his military service.   

2.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

3.  The type of discharge directed and the reasons therefore were appropriate considering all of the facts of the case.

4.  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 the aforementioned requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_ AMC___  __DAC _  __REB _    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.




__ Ann M. Campbell______ ____________________
          CHAIRPERSON


INDEX

CASE ID
AR20070009873
SUFFIX

RECON
 
DATE BOARDED
20080103
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
145
2.

3.

4.

5.

6.