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ARMY | DRB | CY1999 | 1999034713
Original file (1999034713.rtf) Auto-classification: Denied
PART II - APPLICATION DATA

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

1. Character of Discharge: Honorable

2. Date of discharge (or REFRAD): 910930

3. Authority for separation:

         a. Regulation: Chapter 5, AR 635-200

          b. Reason: Failure to Meet Body Fat Standards
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            AAM(1)
a. Period entered for: 6 Years GCMDL(3)
b. Entry date: 890321
c. Age: 27 Years DOB: 620107
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 111 3. Highest grade achieved:
f. Length of Service: E7
2 Year(s) 6 Month(s) 10 Day(s)

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
         ARNG 810821 811120 NIF
         RA 820211 860327 HD
         RA 860328 890320 HD



PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:

          a. The evidence of record shows that on 9 August 1991, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, AR 635-200 by reason of failure to meet Army body composition/weight control standards, with an honorable discharge. He was advised of his rights. The applicant acknowledged notification, consulted with legal counsel, was advised of the impact of the discharge action, waived an administrative separation board, and did not submit a statement on his own behalf. The unit commander subsequently recommended approval of the discharge with an honorable discharge and forwarded it through command channels to the separation authority. On 28 August 1991, the separation authority directed that the applicant be discharged with an honorable discharge.

         b. On 30 September 1991, the applicant was discharged. He was credited with
2 years, 6 months, and 10 days active service on the enlistment under review and
9 years, 7 months and 20 days total time in service.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-200, chapter 5, Paragraph 5-15 (Failure to Meet Body Fat Standards) to this regulation. In pertinent part, chapter 5 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 991128, with six (6) enclosure(s).
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE

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, DC on 28 January 2000 .

         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 applicant contends that the narrative reason for his discharge was inequitable because it was based on one isolated period in his military career when he failed to meet the body composition/weight control standards. He further contends that he enlisted in the Ohio National Guard after leaving the active Army and that he met the same weight control standards to enlist. A review of the record reveals that the applicant was separated under the provisions of Chapter 5, AR 635-200, for failing to meet the body fat standards set forth in Army Regulation 600-9. The applicant was provided a reasonable opportunity to comply with and meet the body fat standards and there was no evidence of a medical condition which impeded his satisfactory progress in the weight control program. The Board was satisfied that all requirements of law and regulation were met and that the rights of the applicant were fully protected throughout the separation process. Being convinced that the narrative reason for the discharge was both proper and equitable, the Board voted to deny relief.
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 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: 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       

                                 
Ms. McKim-Spilker
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: 1999034713 INDEX NUMBERS: A9455
Date of Review: 000128 A0100
Character of Service: HD
Date of Discharge: 910930
Authority: AR 635-200 C5
Reason: A1300
Results of Board Action/
Vote/Affirmation: NC 5-0 A













PART IX - VOTING RECORD



 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. LTC MONJE, DIANNE    Mbr      X          X    

2.      Mbr      X          X    

3.      Mbr      X          X    

4.      Mbr      X          X    

5.      PO      X          X    





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