Applicant Name:  ?????

Application Receipt Date: 2011/11/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I had initially requested to remain in service when I appeared before the MEB/PEB board.  I was under the presumption that my chain of command would support my efforts to try and [sic] overcome my weigh issue, illness, and P3 profile issues.  The board granted me my wish.  However, that was not the intent of the Commend.  They wanted [sic] me out.  I requested to go back to MEB/PEB since they had made their position known and I wasn’t having any success in improving my condition which actually has gotten a lot worse since the board and was told no.  They did not want to wait for the time it would take to get the 2nd board so they stated if I challenge it not only will that make my life hard but they would seek a dishonorable discharge.  I request a formal review of my records that should have been resubmitted [sic] during my service."

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 000927
Discharge Received: 			   Date: 001104   Chapter: 18    AR: 635-200
Reason: Weight Control Failure	   RE:     SPD: JCR   Unit/Location: Headquarters Battery, 1st Battalion, 4th Air Defense Artillery, APO AE  

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  25
Current ENL Date: 980224    Current ENL Term: 4  Years  ?????
Current ENL Service: 	2  Yrs, 8 Mos, 10 Days ?????
Total Service:  		9  Yrs, 4 Mos, 10 Days ?????
Previous Discharges: 	RA 910625 - 931118/HD
                                       RA 931119 - 960220/HD
                                       RA 960221 - 980223/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 14J20 EWS OPR   GT: 120   EDU: HS Grad   Overseas: Macedonia   Combat: SWA (961216 - 970324)
Decorations/Awards: ARCOM, AAM, AGCM x 2, NDSM, AFSM, NPDR, ASR, OSR w/NUM 2, UNSM, UNM, JMUA 

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None





VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows, that on 27 September 2000, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 18, AR 635-200, by reason of failure toachieve adequate progress in meeting appropriate body fat standards as outlined in AR 600-09, with an honorable characterization of service.  He was advised of his rights.  
       
       On 27 September 2000, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, 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.  The intermediate commander reviewed the proposed discharge action and recommended approval with an honorable discharge. 
       
       On 12 October 2000, the separation authority directed that the applicant be released from active duty with a characterization of service of honorable conditions.  He was not transferred to the Individual Ready Reserve (IRR).

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Chapter 18 stipulates 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 is 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.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of the applicant’s entire military records, and the issue and documents submitted with the application, the analyst found no mitigating factors which would merit change to the narrative reason for the applicant's discharge.  
       
       The basis of the applicant’s discharge was failure to comply with and meet the body fat standards.  As outlined by pertinent regulations the applicant was granted an honorable discharge.  
       
       The record does not support the applicant’s contention of an underlying medical condition, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.
       
       The analyst found no evidence of arbitrary or capricious actions by the command.  The analyst 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 applicant contends that the narrative reason for his discharge should be changed.  However, the applicant was separated under the provisions of Chapter 18, AR 635-200 with an honorable discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Weight Control Failure", and the separation code is "JCR."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  
       
       Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.
       
        

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 30 May 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: yes [redacted]

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 and a DD Form 214


VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. 




































 
        
IX.  Board Decision						
Board Vote:
Character - Change NA    No change NA
Reason -     Change 0    No change 5
(Board member names available upon request) ?????

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: No Change
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder



















Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20110023186
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