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):  980820

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:
                                           ARCOM     AFSM
    a.  Period entered for:  NIF                   AAM (2)   NCOPDR
    b.  Entry date:  960601                        GCMDL     NATO Medal
    c.  Age:  23 Years   DOB:  730403              NDSM      ASR
    d.  Educational level:  HS Grad                AFEM      OSR
    e.  Aptitude area score:
          GT:  109                               3.  Highest grade
achieved:
    f.  Length of Service:                         E5
          2 Years  2 Months  20 Days

                                               4.  Performance evaluations:

                                                   NIF

                         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
      USAF  911120     920330     Uncharacterized
      USAR  920331     930818     NA
      RA    930819     960531     Honorable




                         PART IV - PREHEARING REVIEW

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

      a.  The specific facts and circumstances pertaining to the
applicant’s discharge are not contained in the available records.  Evidence
of record shows that on 14 August 1998, DA, HQ, 101st Airborne Division
(Air Assault), Fort Campbell, Kentucky, Orders 226-0014 released the
applicant from the active duty and transferred him to the USAR CONTRLGP
(REINF), effective 20 August 1998.  The record 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 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.

      b.  On 20 August 1998, the applicant was released from active duty.
At the time of his release from active duty, the applicant had completed 2
years, 2 months, and 20 days of active military service in the period under
review and had a total of 6 years, 9 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 031209, with one (1) enclosure.
      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 1 September
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 applicant’s record is void of
facts and circumstances concerning the events that led to a discharge from
the Army.  The Board noted that the applicant’s record contains a properly
constituted DD Form 214 (Certificate of Release or Discharge from Active
Duty), which was authenticated by the applicant’s signature.  This document
identifies the reason and characterization of the discharge and the Board
presumed Government regularity in the discharge process.  The evidence of
record shows the applicant was discharged under the provisions of Chapter
18, AR 635-200, by reason of weight control failure with a characterization
of service of honorable.  In the absence of information to the contrary,
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.  The Board noted the applicant’s contention; however,
did not find said contention sufficiently mitigating to warrant a change to
the narrative reason for separation.  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       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:  2004100698                    INDEX NUMBERS:  A0143
Date of Review:  040901                                   A0113
Character of Service:  HD                                 A9217
Date of Discharge:  980820
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