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):  961105

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:
                                           NDSM
    a.  Period entered for:  3 Years               ASR
    b.  Entry date:  941005
    c.  Age:  20 Years   DOB:  740910
    d.  Educational level:  HS Grad
    e.  Aptitude area score:
          GT:  98                                3.  Highest grade
achieved:
    f.  Length of Service:                         E3
          2 Years  1 Month  1 Day

                                               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.  Evidence of record shows that on 7 October 1996, 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 maintain
body fat standards, with an honorable discharge.  He was advised of his
rights.  On 8 October 1996, the applicant consulted with legal counsel, was
advised of the impact of the discharge action, and did not submit a
statement in his own behalf.  The unit commander subsequently recommended
separation from the service and waiver of further rehabilitative efforts.
On 9 October 1996, the separation authority directed that the applicant be
released from active duty with a characterization of service of honorable
and transferred to the Individual Ready Reserve (IRR).

      b.  On 5 November 1996, the applicant was released from active duty
and transferred to the USAR Control Group (Annual), St Louis MO to complete
his statutory service obligation.  At the time of release, the applicant
had completed 2 years, 1 month, and 1 day of active military service in the
period under review and had a total of 2 years, 4 months, and 1 day of
total 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 040506, with no enclosures.
      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 5 January
2005.

      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 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 released from
active duty under the provisions of Chapter 18, AR 635-200, by reason of
weight control failure with a characterization of service of honorable and
a reentry eligibility (RE) code of “3.”  A RE code of “3” indicates that
the applicant was discharged with a disqualification that can be waived.
However, changes of RE codes do not fall within the purview of this Board.
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 Service at the time,
and are required to process waivers of RE codes.  Further, eligibility for
veteran's benefits to include educational benefits under the Montgomery GI
Bill does not fall within the purview of this Board.  Accordingly, the
applicant should contact a local office of the Department of Veterans
Affairs for further assistance.  The Board, being convinced that the reason
for release from active duty and the characterization of service granted
were both proper and equitable, voted to deny relief.

      b.  Equity:      The applicant has not submitted an issue of equity
                   and the ADRB has not otherwise relied upon an issue of
                   equity to change the discharge.  The major factors upon
                   which the discharge was based are set forth in Parts III
                   and IV of this decisional document.

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
                  1901 South Bell Street, 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:


ROBERT L. HOUSE
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:  20040001200                   INDEX NUMBERS:  A0113
Date of Review:  050105                                   A9445
Character of Service:  HD
Date of Discharge:  961105
Authority:  AR 635-200 C18
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