Flagged for Overweight after 3 weeks in MEB process?

BrokeDickSPC

Member
Registered Member
Hey guys,

New to the forum but glad I have found it. A lot of good information here. But to my question.

I am currently awaiting to sign my narsum and have been in the meb/pen process for quite some time now. I have been flagged for ht/wt and enrolled in AWCP. I was just recently counciled for non promotion and now just received a bar from reenlistment. It was my understanding that you could not be barred for weight control while in the meb process. I have never had any adverse actions against me and never flagged for anything before this. My complaint is that this will now stick with me as it will be put on my dd214 once discharged. It is also my understanding that it can not be removed. (I am looking at separation within 90 days). I also should be up for promotion and a good conduct medal. Can they bar me? And is there anyway I can beat the flag to receive my good conduct medal?
 

SGT Bob

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See AR 635-200, 1-22.

Also see AR 600-8-2, 1-15 regarding FLAGS.

The AR 600-8-2 reference only applies to flags for APFT failures. Unless I'm reading it wrong.

1–15. Processing exceptions
a. APFT.
(1) Flags for APFT failure block promotion, reenlistment, and extension only.
(2) A flag is not initiated if the soldier has a limiting physical profile that specifically prohibits taking the APFT.

b. Weight control.
(1) Flags for weight control block only attendance at full-time civil or military schooling, promotion, awards and
decorations, assumption of command, and reenlistment or extension.
(2) Soldiers attending a civil or military school on the date of the flag will not be removed from such schooling.
(3) Commanders may approve reenlistments and extensions under certain medical conditions as advised by the
supporting total Army career counselor.
 

SGT Bob

PEB Forum Regular Member
PEB Forum Veteran
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I'm currently having a problem with my unit. My 1SG wants to flag me for being 2% over on body fat yet i'm 5 lbs under weight. He's making me lose 3-5% in 2 days or I get flagged and get "embarrassed" in front of the whole company. Can he do this?

NO!
 

Robert Albright

PEB Forum Regular Member
PEB Forum Veteran
Hey guys,

New to the forum but glad I have found it. A lot of good information here. But to my question.

I am currently awaiting to sign my narsum and have been in the meb/pen process for quite some time now. I have been flagged for ht/wt and enrolled in AWCP. I was just recently counciled for non promotion and now just received a bar from reenlistment. It was my understanding that you could not be barred for weight control while in the meb process. I have never had any adverse actions against me and never flagged for anything before this. My complaint is that this will now stick with me as it will be put on my dd214 once discharged. It is also my understanding that it can not be removed. (I am looking at separation within 90 days). I also should be up for promotion and a good conduct medal. Can they bar me? And is there anyway I can beat the flag to receive my good conduct medal?

Sounds like its time to see the IG or contact your Senator's office.
 

SGT Bob

PEB Forum Regular Member
PEB Forum Veteran
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According to AR 600-9, Chapter 3-2d, A soldier cannot be entered into the AWCP if a medical condition exists.

I do not see where it says any such thing...below is a copy.

d. Health care personnel will perform a medical evaluation when a Soldier has a medical limitation, is pregnant, or
when requested by the unit commander. A medical evaluation is also required for Soldiers being considered for
separation because of a failure to make satisfactory progress in the AWCP, or within 6 months of ETS. Aircraft
crewmembers who exceed the body fat standards will be referred to a flight surgeon for possible impact on flight
status. The medical professional will—
(1) Conduct a thorough medical evaluation to rule out any underlying medical condition (for example, a metabolic
disorder) that may be a cause for significant weight gain. If an underlying medical condition cannot be controlled with
medication or other medical treatment, the medical professional will refer the Soldier to a medical evaluation board
(MEB).
(2) Prepare any profile associated with the underlying diagnosis in accordance with AR 40-501, chapter 7. Temporary
or permanent profiles will not be granted to exempt Soldiers from the requirement to meet body fat standards;
therefore, such profiles will be deemed invalid.
 

thenoch

Member
Registered Member
Ok question. I have been on the overweight program for over a year now and i have made progress, however, these last 3 months i have not made any progress. i know by regs my unit should have started the paperwork. I am due to ets in april, however i am scheduled to get weighed in this week and i was wondering if it is still possible to get a chapter 18 even though i have less that 90days left on my contract?
 

rays1981

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PEB Forum Veteran
Registered Member
According to AR 600-9, Chapter 3-2d, A soldier cannot be entered into the AWCP if a medical condition exists. You need to have your Primary care Doc use the memo in AR 600-9, especially if you are going through an MEB. AR 600-8-2 States that you can only be chapterd or flagged if you fail or placed into the AWCP. So, If you are not entered into the AWCP then there can be no flag or chapter.

MEB/PEB is a chapter 61. It does take precedence. The regulations do not spell every situation out and therefore are left to interrpretation, usually not in your favor. Use JAG and also use the MEB/PEB legal experts. I received my initial briefing yesterday and the first person to speak was the paralegal.

What classifies as the medical conditions is there an AR for this?
 

scoutCC

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There is no AR. Not to mention the quoted text is contradictory.

If you fail weight, there should be a flag. What this flag can do isn't much. You can be flagged for knowing a guy who is under investigation. Just having a flag doesn't mean much, its the why and the how and other facts that give it weight or consequence. In the most basic sense, a flag is simply a tracking mechanism.

A doctor can say there are circumstances that make a weight control program dangerous, or waive participation in AWCP. They can also say progress in the program won't be made until medication is controlling a condition or until medications effect on weight gain is compensated for, or temporarily waive weight control requirements. This is up to the doctors medical understanding and the facts about your condition, there is no AR and no blanket conditions this applies to. There is no means to permanently waive weight control requirements, and eventually they will need to separate Soldiers who do not meet the standard. A chapter for not meeting body composition standards is the lowest priority I know of, if any other separation action is initiation, it will need to be resolved before body composition can be acted upon, AR 635-200 speaks to this.

As far as thenoch goes, there is nothing to prevent them from chaptering within 90 days, however they cannot delay ETS to process the chapter. Within 90 days you cannot even reenlist. It is typical for them to simply let you go, with some units electing to flag to prevent a transition to the reserves.

A understanding of separation pay helps clarify the Big Army view of weight control. Should they deny reenlistment or chapter due to weight control they pay half separation, so not only is it an honorable and you keep all your benefits, its treated like half a disability and entitles you to additional benefits.

Being freaked out about weight control should be highly dependent on two ideas, how much you want to or can remain in the Army and how much effect you believe being at your weight is effecting your health and/or happiness.
 

MSG Swartz

New Member
Registered Member
Hello All,

I have a question. Can an enlisted Soldier be flagged for "failure to meet Body Fat Standard" 7 month post surgery (2 level lumbar fusion) and 3 weeks into the MEB process?

I am in the MEB process, attending appointments ect. Got called by my SGM to get weighed and taped. never been overweight or flagged in my 16 years on active duty or 5 years reserve time.

Popped tape, over some, SGM says he is flagging me for it.

Seems odd, please help.

Thanks,

Unfortunately, I'm in a similar situation. According to AR 600-8-2, para 2-3c "

c. “Noncompliance with Army Body Composition Program” (Flag code K). The effective date of the Flag is the

date that the Soldier was found to be in noncompliance with AR 600–9. The use of certain medication to treat an

underlying medical disorder or the inability to perform all aerobic events may contribute to weight gain but are not

considered sufficient justification for noncompliance with AR 600–9 and the Soldier will be flagged. Soldiers will not

be exempt because of chronic medical conditions unless an exception to enrollment in the ABCP is granted by the

DCS, G–1."

I have a permanent profile with 3's in Upper and Lower and am pending a medical board. Basically I have the "breath at your own pace" profile. Looks like I get to serve the remainder of career Flagged.
 

jlm0305

Well-Known Member
Registered Member
Unfortunately, I'm in a similar situation. According to AR 600-8-2, para 2-3c "

c. “Noncompliance with Army Body Composition Program” (Flag code K). The effective date of the Flag is the

date that the Soldier was found to be in noncompliance with AR 600–9. The use of certain medication to treat an

underlying medical disorder or the inability to perform all aerobic events may contribute to weight gain but are not

considered sufficient justification for noncompliance with AR 600–9 and the Soldier will be flagged. Soldiers will not

be exempt because of chronic medical conditions unless an exception to enrollment in the ABCP is granted by the

DCS, G–1."

I have a permanent profile with 3's in Upper and Lower and am pending a medical board. Basically I have the "breath at your own pace" profile. Looks like I get to serve the remainder of career Flagged.

I was found unfit two weeks ago and they are just now making me do height/weight for fun. I will definitely fail; I have a very strict profile and my weight has been bouncing around the past six months. So, I'm unfit, definitely getting out, and they are going to flag me for overweight. Knowing my unit, they will probably try to chapter me as well. Ugh.
 

Gil91by8

New Member
Registered Member
I medically retired a few years ago. My medical board took nearly 2 years. I was within ht/at standards going in to the med board process. Just after a year in, I was over on my tape. My commander promptly flagged me. About a few weeks after, my PEBLO called me in and asked for a copy of my latest ERB. I gave it to him and he submitted it to DA. Supposedly the med board clerk over promotions needed it, in order to process my promotion. I was to be promoted prior to being released from active duty, as customary with a medical retirement. I had over 20 years in.
About a week later, my PEBLO called me back in and notified me that since I was now flagged, I was no longer going to get my medical retirement promotion. I was not able to do PT and such, just like many of the others posting here. When I finally retired, I did so with a 100% rating from the VA. Was it right for them to deny me my promotion the way they did and if not, how do I get my records corrected to reflect my proper rank?
 
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