Applicant Name:  ?????

Application Receipt Date: 2012/01/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that his company commander told him that his discharge would be honorable but his DD Form 214 says general, under honorable conditions.

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: 110509
Discharge Received: 			   Date: 110623   Chapter: 18    AR: 635-200
Reason: Weight Control Failure	   RE:     SPD: JCR   Unit/Location: B Co, 110th Chemical Bn, Joint Base Lewis-McChord, WA 

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:  22
Current ENL Date: 100305    Current ENL Term: 2 Years  ?????
Current ENL Service: 	01 Yrs, 03 Mos, 19 Days ?????
Total Service:  		06 Yrs, 00 Mos, 16 Days ?????
Previous Discharges: 	RA 050608-100304/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 74D10/Chemical Ops Spc   GT: 98   EDU: HS Grad   Overseas: Germany, SWA   Combat: Afghanistan (070511-080717)
Decorations/Awards: NDSM, AGCM, ACM-CS, GWOTSM, ASR, OSR-2, NM, CAB

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows, that on 9 May 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 18, AR 635-200, by reason of failure to make satisfactory progress while enrolled in the Army Weight Control Program, for failing to meet body fat standards and not being in compliance after two consecutive months of weigh-ins, with an honorable characterization of service.  He was advised of his rights.  
       
       On 23 May 2011, the applicant waived 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 1 June 2011, the separation authority waived further rehabilitation and directed the applicant’s separation from the Army with a general, under honorable conditions discharge.  The applicant was not reassigned to the USAR Control Group.

       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 all the applicant’s military records for the period of enlistment under review and the issue he submitted, the analyst determined that the characterization of service is improper.
         
       The analyst noted that the applicant was discharged under the provisions of Chapter 18, by reason of failure to meet body fat standards while enrolled in the Army Weight Control Program, which was the sole basis for his separation and issued a general, under honorable conditions discharge.  However, Army Regulation 635-200, Chapter 18-2(3)e, stipulates that the service of a Soldier separated per this paragraph will be characterized as honorable unless an entry-level separation is required under Chapter 3, section III.  
       
       In view of the foregoing, the analyst recommends to the Board to grant relief in the form of an upgrade of the characterization of service to fully honorable.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 8 June 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: None

















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 applicant’s characterization of service was improper.  Army Regulation 635-200, paragraph 18-2 stipulates that the service of those separated per this Chapter will be characterized as honorable, unless in entry level status.  Accordingly, the Board voted to change the characterization of service to fully honorable.  However, the board found that the reason for discharge was fully supported by the record and voted not to change it.  
        
IX.  Board Decision						
Board Vote:
Character - Change 5    No change 0
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: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
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 AR20120001787
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