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ARMY | DRB | CY1999 | 1999027787
Original file (1999027787.rtf) Auto-classification: Denied
PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Character of Discharge: HD

2. Date of discharge (or REFRAD): 940721

3. Authority for separation:

         a. Regulation: Chapter 18, AR 635-200

          b. Reason: Weight Control Failure
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            ARCOM
a. Period entered for: 6 Years AAM
b. Entry date: 890329 GCMDL(2)
c. Age: 26 Years DOB: 621101 NDSM
d. Educational level: 13 Years NCOPDR(2)
e. Aptitude area score: SWASMw/2BSS
          GT: 113 KLM
f. Length of Service: OSR
5 Years 3 Months 23 Days 3. Highest grade achieved:
E6
4. Performance evaluations:
See OMPF

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

5. Periods of unauthorized absence: NONE

 Status Inclusive dates
         AWOL

         Mil conf

         Civil conf

         Other


6. Nonjudicial punishment: NONE
         Date     Offense(s)
        


7. Court-Martial data: NONE
         a. SCM:
                  Date Offense(s)

        
         b. SPCM:
                  Date Offense(s)

         c. GCM: 
                  Date Offense(s)


8.       Remarks: NONE
SECTION B - Prior Service Data

Other discharge(s):

          Service   From      To        Type Discharge
         RA 840424 861023 HD
         RA 861024 890328 HD



PART IV - PREHEARING REVIEW
SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:
          a. The evidence of record shows that on 27 June 1994, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 18, AR 635-200, by reason of failure to meet body fat standards, with a recommendation for an honorable discharge (HD). The applicant was advised of his rights, consulted with legal counsel, was advised of the impact of the discharge action, and elected not to submit a statement in his own behalf. On 25 May 1994, the applicant completed a complete physical examination in which he was medically cleared for a Chapter 18 separation by competent medical authority. On 30 June 1994, the separation authority directed that the applicant be discharged with an HD.

         b. On 21 July 1994, the applicant was discharged with an HD. At the time of his discharge he had completed 5 years, 3 months, 23 days of his current enlistment, and a total of 10 years, 2 months and 28 days of active military service.

         c. The applicant’s record shows that he completed over 10 years of service; attained the rank of staff sergeant/E-6; served in combat during Operation Desert Shield/Storm; and earned the Southwest Asia Service Medal, the Kuwait/Saudi Arabia Liberation Medal, the Army Commendation Medal, the Army Achievement Medal, two Good Conduct Medals, and the Overseas Service Ribbon for completing an overseas tour in Germany. There is no record of disciplinary problems contained in the available record. The applicant was enrolled in the Weight Control Program on 17 March 1994 for exceeding his maximum allowable body fat composition by 6.10 percent. He was again evaluated on 18 April 1994, at which time he had gained another 1.75 percent in body fat composition; thus, raising the level he exceeded his maximum allowable body fat composition to 7.85 percent. On 18 May 1994, he underwent an evaluation which showed he still exceeded his body fat standard by 7.85 percent, and demonstrated that he had made no progress during his two months in the program. The evidence of record includes a medical screening and evaluation form which was completed on the applicant and documents no medical reason for his exceeding body fat standards; in addition, the applicant underwent a complete physical examination in conjunction with his separation in which he was cleared for a Chapter 18 discharge by competent medical authority.

2. Legal/Regulatory Basis for Separation Action : Interim change 2 to Army Regulation 635-200 adds chapter 18 (Failure to Meet Body Fat Standards) to this regulation. In pertinent part, chapter 18 provides that soldiers who fail to meet the body fat standards set forth in Army Regulation 600-9 shall be separated under this provision when it the sole basis for separation. The regulation provides that the soldier must be given a reasonable opportunity to comply with and meet the body fat standards. The regulation also provides that if no medical condition exists and if the individual fails to make satisfactory progress in the program after a period of six months, then initiation of separation or imposition of a bar to reenlistment is required. The service of soldiers separated under this chapter will be characterized as honorable.
SECTION B-APPLICANT’S SUBMISSIONS
1. Issue(s) of propriety and/or equity submitted by applicant or counsel.

As stated on applicant’s DD Form 293.

 2. Exhibit(s) submitted:
         A-1: DD Form 293, dated 990622, with one (1) enclosure(s).
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE
         C-1: DD Form 149, dated 990721.

PART IV - PREHEARING REVIEW (CONTINUED)



SECTION C - Medical and/or Legal Advisory Opinion


Referred to ( ) Medical Advisor ( ) Legal Advisor



 a. Medical prehearing comments (if applicable):

b. Legal prehearing comments (if applicable):
PART V - SUMMARY OF HEARING

SECTION A-Attendees and exhibits

1. Review/hearing information:

         a. Type requested:
         ( X ) Records review ( ) Hearing

         b. Type Held:
         ( X )Records review ( ) Hearing
         ( ) Tender Offer

         c. Review/hearing location and date: Washington D.C. on 28 July 1999.

         d. Appearance by:
         Applicant ( ) Yes ( X ) No
         Counsel ( ) Yes ( X ) No

          e. Applicant testified: ( ) Yes ( X ) No
        
         f. Counsel presentation: ( ) Yes ( X ) No
        
         g. Witness(es) testified: ( ) Yes ( X ) No
        
2. Exhibit(s) submitted at hearing:

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 of this case report and directive.
         ( )     Revised issue(s) furnished in writing by applicant as follows:
         ( )     Additional issue(s) identified during review/hearing as follows:
         b. Request: ( ) 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 Board noted the applicant’s contention that his discharge was inequitable because he was discharged for exceeding body fat standards even though there was sufficient medical evidence to support a medical review. However, after carefully examining the events surrounding the applicant’s discharge, the Board concluded that the applicant was properly and equitably discharged honorably, under the provisions of Chapter 18, AR 635-200 based on his failure to meet body fat standards. The evidence of record contains a complete physical examination conducted on the applicant at the time of his discharge. This results of this examination show that the applicant was cleared for a Chapter 18 discharge by competent medical authority, and it documents no medical reason for the applicant’s failure to make progress in the weight control program. Likewise, the independent evidence submitted by the applicant produced no medical evidence to contradict the medical evidence of record. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.
(2) and (3) The issues are rejected. The Board noted the applicant’s contentions that he only received half separation pay and that under the provisions of DA Circular 635-92 he should be entitled to the other half; and that he feels he deserves the other half of his separation pay. However, awarding separation pay is not within the purview of the Army Discharge Review Board (ADRB). The ADRB may only change the characterization or reason for discharge. The Board noted that the applicant enclosed an application to the Army Board for Correction of Military Records (ABCMR) along with his request to this Board. The ABCMR is the proper venue to address these issues, and the applicant’s request to the ABCMR for correction of his military records will be forwarded to them upon the completion of this action.
3. Response(s) to item(s) not addressed as decisional issue(s): NONE
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 1 4
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: Promulgation Team
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508



3. Minority views: NONE

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       

                                 
MR. ADRIANCE
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
NONE
SECTION B - CERTIFICATION

Approval Authority:


THOMAS J. ALLEN
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




SUZANNE WALKER
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

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

INDEX RECORD:

 AR Number: 1999027787 INDEX NUMBERS: A9217
Date of Review: 990728 A9321
Character of Service: HD A9445
Date of Discharge: 940721 A0100
Authority: AR 635-200 C18
Reason: A1300
Results of Board Action/
Vote/Affirmation: NC 4-1 A













PART IX - VOTING RECORD



 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR
1.      Mbr      X          X    

2.      Mbr      X          X    

3.      Mbr      X          X    

4.      Mbr      X          X    

5.      PO  X             X    





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