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ARMY | DRB | CY2003 | 2003093220
Original file (2003093220.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): 890915

3. Authority for separation:

         a. Regulation: Chapter 5, Paragraph 5-15, 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:
                            ASR
 a. Period entered for: 4 Years OSR
b. Entry date: 860128 AAM
c. Age: 18 Years DOB: 670407 GCMDL
d. Educational level: GED
e. Aptitude area score:
          GT: 109 3. Highest grade achieved:
f. Length of Service: E4
3 Year(s) 7 Month(s) 18 Day(s)

4. Performance evaluations:
NONE

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
NONE

Other discharge(s):

          Service   From      To        Type Discharge





PART IV - PREHEARING REVIEW

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

         a. The evidence of record shows that on 15 August 1989, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, Paragraph 5-15, AR 635-200, for failure to meet Army weight standards, with a characterization of service of honorable. He was referred to legal counsel and advised of his rights. On 23 August 1989, the separation authority approved the applicant’s separation action, with an honorable discharge certificate. On 15 September 1989, DA, HQ, US Army Training Center, Fort Dix, New Jersey, Orders 258-181, discharged the applicant from the Regular Army, effective 15 September 1989. The record also contains a properly constituted DD Form 214 (Certificate of Release or Discharge From Active Duty), which was authenticated by the applicant’s signature. His DD Form 214 indicates that he was involuntarily discharged under the provisions of Chapter 5, Paragraph 5-15, AR 635-200 by reason of failure to meet body fat standards, with a characterization of service of honorable, a separation code of LFV, and an RE code of 3.

         b. On 15 September 1989, the applicant was discharged. At the time of discharge, the applicant had completed 3 years, 7 months, and 18 days of active military service.

2. Legal/Regulatory Basis for Separation Action : Interim change 2 to Army Regulation 635-200 added 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 are subject to involuntary separation when such condition is the sole basis for separation. The regulation provides that the soldier must be given a reasonable opportunity to meet the body fat standards. The regulation also provides that if no underlying medical condition exists and if a soldier enrolled in the Army Weight Control Program fails to make satisfactory progress in the program after a period of six months, then separation proceedings will be considered. 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 030703, with no 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 2004 .

         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 5, Paragraph 5-15, AR 635-200, by reason of failure to meet body fat standards with a characterization of service of honorable and a reentry eligibility (RE) code of “3.” A change to RE codes does not fall within the purview of this Board. A RE code of 3 indicates that at the time of discharge the applicant was disqualified for immediate enlistment; however, the disqualification can be waived. If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist. Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of RE codes. 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(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       

                                 
MR. RIVERA
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:




MARY E. SHAW
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: 2003093220 INDEX NUMBERS: A9405
Date of Review: 040128 A9445
Character of Service: HD A0113
Date of Discharge: 890915
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.      Mbr      X          X    

2.      Mbr      X          X    

3.      Mbr      X          X    

4.      Mbr      X          X    

5.      PO      X          X    






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