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ARMY | DRB | CY2000 | 2000042855
Original file (2000042855.rtf) Auto-classification: Approved
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): 880404

3. Authority for separation:

         a. Regulation: Chapter 5, AR 635-200

          b. Reason: Failure to Meet Army Weight Control Standards
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            ASR
a. Period entered for: 4 Years
b. Entry date: 840828
c. Age: 18 Years DOB: 660409
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 98 3. Highest grade achieved:
f. Length of Service: E3
3 Year(s) 7 Month(s) 4 Day(s)

4. Performance evaluations:
NONE

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

5. Periods of unauthorized absence:

Status Inclusive dates
         AWOL 860829-860901

         Mil conf

         Civil conf

         Other


6. Nonjudicial punishment:

         Date     Offense(s)
         860930 Having knowledge of a lawful order issued by LTC, an order which it was your duty to obey (860506); fail to obey (860821); AWOL (860829-860902)
         870908 Without authority, absent yourself from your place of duty (870817)(summarized)
7. Court-Martial data: NONE
         a. SCM:
                  Date Offense(s)

        
         b. SPCM:
                  Date Offense(s)

         c. GCM: 
                  Date Offense(s)


8.       Remarks: Bar to Reenlistment (861030)
SECTION B - Prior Service Data

Other discharge(s):

          Service   From      To        Type Discharge
         ADT 840414 840827 NIF



PART IV - PREHEARING REVIEW

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

          a. The evidence of record shows that on 5 January 1988, 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 weight 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, and submitted a statement in his own behalf. The unit commander subsequently recommended approval of an honorable discharge and forwarded it through command channels to the separation authority. On
18 February 1988, the separation authority directed that the applicant be discharged with an honorable discharge.

         b. On 4 April 1988, the applicant was discharged. He was credited with
3 years, 7 months, and 4 days active service on the enlistment under review.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-15 provides that a soldier who fail to meet the weight standards set forth in Army Regulation 600-9 shall be separated under this provision when it is the sole basis for separation. The regulation provides that the soldier must be given a reasonable opportunity to comply with and meet the weight 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 990903, with six (6) enclosure(s).
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE
         C-1: DD Form 149, dated 990714.

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 21 June 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.

 Counsel Issue :

(5) The issue is accepted. The Board carefully examined the applicant’s record of service during the period of enlistment under review. The evidence of record shows that the applicant was discharged under the provisions of Chapter 5, AR 635-200, for failing to meet Army weight control standards. Notwithstanding the aforementioned, the Board determined that the narrative reason for separation was inequitable and mitigated by the applicant’s medical condition that resulted in long-term hospital treatment and convalescence. Accordingly, the Board voted to change the narrative reason for separation to secretarial authority.

 Applicant Issues :

(1) The issue is rejected. The matters addressed in this issue are not within the purview of the Army Discharge Review Board (ADRB) and should be addressed by the Army Board for Correction of Military Records (ABCMR). This Board noted that the applicant has included with his request to the ADRB a DD Form 149 (i.e., application to the ABCMR). Accordingly, his records will be forwarded to that board.

(2), (3), and (4) See Paragraph 3, below.

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

Inasmuch as the Board voted to grant the full relief requested, responses to the remaining issues are neither required nor rendered.
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                       .

         ( )      Equitable.
         ( )      Inequitable as to characterization. Change characterization to                                .
         ( X )    Inequitable as to reason. Change reason to Secretarial Authority
                  under Chapter 5, AR 635-200.
         ( )      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 5 0
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

 TO: ARBA Support Division-St Louis Date: 23 June 2000

The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Support Division-St Louis issue a new DD Form 2l4 to the applicant which reflects the following directed change(s):

( X )   Change reason and authority for discharge to
        Secretarial Authority, AR 635-200 .
( X )   Other (see remarks below).
Remarks: Change RE Code to 1.


SECTION B - CERTIFICATION

Approval Authority:


WILSON A. SHATZER
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




EARNEST C. SMITH, JR.
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: 2000042855 INDEX NUMBERS: A1200
Date of Review: 000621 A0100
Character of Service: HD A9218
Date of Discharge: 880404
Authority: AR 635-200 5
Reason: A1300
Results of Board Action/
Vote/Affirmation: MD 5-0 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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