Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110018987
Original file (20110018987.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	    3 April 2012

		DOCKET NUMBER:  AR20110018987 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, change of the narrative reason for his discharge from “Weight Control Failure” to “Physical Disability, Not a Disability Involuntary.”

2.  The applicant states he has been unable to obtain benefits for his Army service because he did not serve for more than 2 years.  He goes on to state he was discharged due to weight control failure and that he has checked it out and found that he should be able to receive benefits for that reason.  He concludes by stating he desires to use his benefits such as a Department of Veterans Affairs (VA) hospital stay and to get a VA home loan.

3.  The applicant provides a copy of his DD Form 214.

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.  The applicant enlisted in the Regular Army in Denver, CO on 24 August 1995 for a period of 4 years and training as an infantryman.  He was transferred to Fort Benning, GA for his one-station unit training (OSUT) as a fighting vehicle infantryman.  He completed his training and he was transferred to Fort Stewart, GA on 29 December 1995.

3.  The applicant was placed on the overweight program in March 1996 and he remained on the overweight program for the remainder of his service with no improvement.

4.  On 7 October 1996, the applicant’s commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 18, due to weight control failure.  He cited as the basis for his recommendation the applicant’s failure to respond to repeated counseling and failure to make progress in the weight control program for over 6 months.

5.  After consulting with legal counsel, the applicant elected not to make a statement in his own behalf.

6.  On 15 October 1996, the separation authority approved the applicant's recommendation for discharge under the provisions of Army Regulation 635-200, chapter 18, with issuance of an Honorable Discharge Certificate. 

7.  Army Regulation 635-200, in effect at the time, sets forth the basic authority for the separation of enlisted personnel.  Chapter 18 establishes policy and procedures for separating personnel who fail to meet the body fat composition/
weight control standards set forth in Army Regulation 600-9 (The Army Weight Control Program).  It provides that action will be taken to separate a member when it is clearly established that the Soldier has not been diagnosed by health care personnel as having a medical condition which precludes them from meeting the standards of Army Regulation 600-9 and despite attempts to reduce weight or body fact composition the Soldier has failed to meet the goals.

DISCUSSION AND CONCLUSIONS:

1.  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.  Accordingly, the characterization and the narrative reason for separation were appropriate for the circumstances of his case.

2.  The applicant's contentions have been noted; however, they are not sufficiently mitigating when compared to the evidence of record regarding the nature of his discharge.  There is no evidence to suggest that he should have been discharged for medical reasons.

3.  The ABCMR does not grant requests for changes in the narrative reason for separation solely for the purpose of making the applicant eligible for veterans or medical benefits.  Every case is individually decided based upon its own merits.  Additionally, the granting of veteran's benefits is not within the purview of the ABCMR.  Therefore, any questions regarding eligibility for health care and other benefits should be addressed to the DVA.

4.  In view of the foregoing, there is no basis for granting the applicant’s requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X___  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.



      _________X___________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20110018987



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110018987



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110003999

    Original file (20110003999.txt) Auto-classification: Denied

    On 23 July 1990, his immediate commander notified him of his intent to initiate separation action against him in accordance with chapter 5 of Army Regulation 635-200 (Personnel Separations) by reason of failure to meet the Army weight/body fat standards of Army Regulation 600-9. Paragraph 5-15, in effect at the time, provided the policy for separating members who failed to meet the Army body composition/weight control standards if this condition was the only reason for separation and there...

  • ARMY | BCMR | CY2004 | 20040010882C070208

    Original file (20040010882C070208.doc) Auto-classification: Approved

    The applicant requests, in effect, that his DD Form 214 (Certificate of Release from Active Duty) be corrected to show an unspecified type of discharge, narrative reason, and separation. On 24 February 1992, the applicant's commander initiated separation under Army Regulation 635-200, chapter 5 for failure to meet Army body composition or weight control standards. Evidence of record confirms the applicant's separation was approved under the provisions of paragraph 5-15e, Army Regulation...

  • ARMY | BCMR | CY2010 | 20100024780

    Original file (20100024780.txt) Auto-classification: Denied

    On 11 March 1991, after having determined the applicant failed to achieve the established goals or comply with weight standards, his immediate commander notified him of his intent to initiate separation action against him in accordance with chapter 5 of Army Regulation 635-200 (Personnel Separations) by reason of failure to meet the Army weight/body fat standards of Army Regulation 600-9. The evidence of record shows the applicant underwent a unit weigh-in and he exceeded both the Army...

  • ARMY | BCMR | CY1997 | 9706022C070209

    Original file (9706022C070209.TXT) Auto-classification: Denied

    He states that he was discharged for failing to meet Army weight standards by being five pounds overweight. The applicant’s medical condition was evaluated by a MEB, an informal PEB and a formal PEB all of which found him fit for duty at the time of his separation. An award of a VA rating does not establish entitlement to medical retirement or separation from the Army.

  • ARMY | BCMR | CY1997 | 9706022

    Original file (9706022.rtf) Auto-classification: Denied

    In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. He states that he was...

  • ARMY | BCMR | CY2012 | 20120006468

    Original file (20120006468.txt) Auto-classification: Denied

    The commander advised him of his right to: * be represented by counsel * submit statements in his own behalf * review documents to be presented to the separation authority * waive any of these rights * withdraw any waiver of rights at any time prior to the date the discharge authority directs or approves his discharge 11. On 23 December 1983, he was released from active duty by reason of failure to meet body fat standards under the provisions of chapter 13 of Army Regulation 635-200. Army...

  • USMC | DRB | 2005_Marine | MD0500696

    Original file (MD0500696.rtf) Auto-classification: Denied

    Dr. S_ reviewed my military records concerning the weight problem and my post-Iraq questionnaire and his opinion is that I have been in denial of my psychiatric problems, admittedly some of which pre-exist my military duty and all of the ADD associated problems, but that my other problems relate to Iraq-related PTSD. 031031: Body Composition Program (BCP) Evaluation: Commanding Officer, Marine Wing Support Squadron 271 assigned Applicant to a 6-month BCP as a second assignment. The...

  • ARMY | BCMR | CY2002 | 2002079600C070215

    Original file (2002079600C070215.rtf) Auto-classification: Denied

    APPLICANT STATES : That he was discharged under Army Regulation 635-200, Chapter 4, but feels he should have been discharged for being overweight and allowed to receive separation pay. 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. Documents presented by the applicant indicate he was placed in a weight control program on 30 November 2001, however at...

  • ARMY | BCMR | CY2002 | 2002082142C070215

    Original file (2002082142C070215.rtf) Auto-classification: Denied

    In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. On 14 January 1993, the...

  • ARMY | BCMR | CY1997 | 9705860C070209

    Original file (9705860C070209.TXT) Auto-classification: Denied

    APPLICANT REQUESTS: Correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. 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 and the US Army Reserve.