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ARMY | DRB | CY2003 | 2003085750
Original file (2003085750.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): 970930

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:
                            AAM (1stOLC)
a. Period entered for: 6 Years GCMDL (2ndAwd)
b. Entry date: 960702 NDSM
c. Age: 29 Years DOB: 670130 NCOPDR (2)
d. Educational level: 14 Years ASR
e. Aptitude area score: OSR (6)
          GT: 118 3. Highest grade achieved:
f. Length of Service: E6
1 Year(s) 2 Month(s) 29 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
         USMC     850313   850403   NA
         ADT      850404   860303   Honorable
         USMCR    860304   860000   NA
         ADT      860000   870000   NA
         USMCR    870000   880000   Honorable
         RA       890314   921209   Honorable
         RA       921210   960701   Honorable



PART IV - PREHEARING REVIEW

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

         a. Evidence of record shows that on 16 July 1997, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l8, AR 635-200, by reason of failure to meet body fat standards, with an honorable discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board and submitted a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. The separation authority waived further rehabilitative efforts and directed that the applicant be released from active duty and transferred to the Individual Ready Reserve (IRR) with a characterization of service of honorable.

         b. On 30 September 1997, the applicant was discharged. At the time of discharge, the applicant had completed 1 year, 2 months, and 29 days of active military service in the period under review and had a total of 12 years, 1 month and 24 days of active military service.

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 970930.
         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 20 August 2003 .

         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 carefully examined the applicant’s record of service during the period of enlistment under review. The evidence of record shows that the applicant was properly discharged under the provisions of Chapter 18, AR 635-200, for weight control failure with an honorable discharge. The evidence shows that the applicant was given a reasonable opportunity to comply with and meet the body fat standards prior to his separation. Individuals are assigned separation and RE codes based on their service records or the reason for discharge. The applicant was appropriately assigned a separation code of “JCR” and RE code of 3 because he was separated under the provisions of AR 635-200, Chapter 18, by reason of weight control failure. This Board found no bases upon which to change the applicant’s reason for discharge because it was properly based upon his weight control failure. This is not an adverse discharge and merely means the applicant did not comply with and meet the Army body fat standards as set forth in AR 600-9. The Board found no evidence of arbitrary or capricious actions by the command. The Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Failure to meet weight control standards is not a court-martial offense and there is no evidence that the applicant was faced with a court-martial. Evidence does show that the applicant requested a 30-day delay in the submission of his separation packet and voluntarily waived his right to an administrative separation board based on his delay request. The Board, being convinced that the reason for discharge was both proper and equitable, 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 2 3
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:


SPURGEON A. MOORE
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




JOHN F. LONG
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: 2003085750 INDEX NUMBERS: A9500
Date of Review: 030820 A0101
Character of Service: HD
Date of Discharge: 970930
Authority: AR 635-200 C18
Reason: A1300
Results of Board Action/
Vote/Affirmation: NC 3-2 A













PART IX - VOTING RECORD



 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1.      Mbr  X             X    

2. COL CHAMPIN, ALEJANDRO L.    Mbr      X          X    

3.      Mbr      X          X    

4.      Mbr  X             X    

5.      PO      X          X    






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