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ARMY | DRB | CY1997 | 199700237
Original file (199700237.rtf) Auto-classification: Denied
                                    CASE NO: AD97-00237
PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Type of discharge (or characterization of service): HD

2. Date of discharge (or REFRAD): 910205

3. Authority for separation:

         a. Regulation: Chapter 5, AR 635-200

         b. Reason: Failure To Meet Army Weight Control Standards
4. Prior review(s): ( X ) NONE
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
 Type
a. Period entered for: 4 Years (4 Mo Ext) ASR
b. Entry date: 890822 (900111)
c. Age: 20 Years DOB: 690820
d. Educational level: HS Grad
e. Aptitude area scores:
         GT: 120                  3. Highest grade achieved:
f. Actual creditable service: 1 Year Grade
5 Months 14 Days E3

4. Performance evaluations:
( X ) NONE























OSA FORM 172 (REVISED) 1 MAY 94 PAGE 1

                                              CASE NO: AD97-00237

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

 5. Periods of unauthorized absence: ( X ) NONE

 6. Nonjudicial punishment: ( X ) NONE
                  
7. Court-Martial data: ( X ) NONE

 8.       Remarks: ( X ) NONE



SECTION B - Other Service Data
( X ) NONE

        
                                  
                                  






































OSA FORM 172 (REVISED) 1 MAY 94 PAGE 2

          CASE NO: AD97-00237
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
         910118:  Unit commander notified the applicant of initiation of separation                 action under the provisions of Chapter 5, AR 635-200, failure to                  meet army weight control standards. He was advised of his rights.
         910123:  Separation authority directed transfer to the Individual Ready                     Reserve with service characterized as honorable.
         910205:  Applicant was released from active duty.
2. Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
         See Attached DD Form 293

 3. Exhibit(s) submitted:

          A-1: DD Form 293, dated 960411.
         B-1:     DD Form 293, with three(3) enclosures as submitted by the applicant.
         


PART IV - PREHEARING REVIEW
SECTION B - Medical and/or Legal Advisory Opinion
( X ) NONE
PART V - SUMMARY OF REVIEW HEARING

1. Review/Hearing information:

         a. Applicant testified: ( ) Yes ( X ) No

         b. Witness(es) testified: ( ) Yes ( X ) No
        

2. Exhibit(s) submitted at hearing: ( X ) NONE












OSA FORM 172 (REVISED) 1 MAY 94 PAGE 3

                                     CASE NO: AD97-00237
PART VI - ISSUES AND FINDINGS

1. a. Applicant's issue(s) of propriety and/or equity:
          ( X )   Same as those listed on DD Form 293 and Part IV, Section A, Paragraph 2.
         ( )     Revised issue(s) furnished in writing by applicant as follows:
         ( )     Additional issue(s) identified during review/hearing as follows:
        

b. Request: ( X ) Recharacterization ( X ) Change of Reason


2. Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity:

          a. Propriety:    The applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge.
         b. Equity:       The parenthetical number(s) below correspond(s) to the                     issue number(s) on the DD Form 293, or in Part VI,                                  Paragraph 1 above.
(1) The issue is rejected. The record does not support the applicant's contention, and no evidence to support it has been submitted by the applicant, that he should have received a medical discharge. The record of evidence shows that the applicant was released from the overweight program in August 1990 and re-enrolled in December 1990 for being overweight. The Board noted that the command gave the applicant sufficient opportunity to comply with the Army’s standard of weight control subsequent to initiation of separation. The Board concluded that the command's actions were fully supported by the evidence of record. The Board was satisfied that all requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

       
3. Response to item(s) not addressed as decisional issue(s): ( X ) NA






















OSA FORM 172 (REVISED) 1 MAY 94 PAGE 4

                            CASE NO: AD97-00237
PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.       Board conclusion(s):

         The discharge was:

          ( X )    Proper.
         ( )      Improper as to characterization. Change characterization to                                      .
         ( )      Improper as to reason. Change reason to                         under                       .
         ( X )    Equitable.
         ( )      Inequitable as to characterization. Change characterization to                                .
         ( )      Inequitable as to reason. Change reason to                        
                  under                                  .
         ( )      Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to                      under                          .

2. Voting record: Change No Change
         Reason 0 5
Characterization 0 5

         The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below. The request must contain the CASE NO. located in the upper right corner of this document.

Department of the Army Review Boards Agency
ATTN: CPCD
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508

3. Minority views: ( X ) NA



















OSA FORM 172 (REVISED) 1 MAY 94 PAGE 5

                                     CASE NO: AD97-00237
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
LTC SMITH
Post Hearing Reviewer   


PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
(X) NONE
SECTION B - CERTIFICATION


Approval Authority:

EL CARTIO BARNES
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




SHERRY HILL SARGENT
Major, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge  C - Other
B - Material submitted by applicant     

INDEX RECORD:

AD9700237 970605 HD 910205 AR 635-200 C5 A1300 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A0113 A0100 A9321
53 58 63








OSA FORM 172 (REVISED) 1 MAY 94 PAGE 6

                            CASE NO: AD97-00237
PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. LTC WYRICK, JIMMY R. Mbr      X          X    

2. LTC PHILLIPS, JOHN S. Mbr      X          X    

3. LTC SMITH, LILLIAN C. Mbr      X          X    

4. COL ALLEN, THOMAS J. Mbr      X          X    

5. COL MATHEWS, WILLIAM PO      X          X    





























OSA FORM 172 (REVISED) 1 MAY 94 PAGE 7

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